81_FR_3349 81 FR 3336 - Offshore Supply Vessels, Towing Vessel, and Barge Engine Rating Watches

81 FR 3336 - Offshore Supply Vessels, Towing Vessel, and Barge Engine Rating Watches

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 13 (January 21, 2016)

Page Range3336-3336
FR Document2016-01101

On October 26, 2015, the Coast Guard published a direct final rule, which notified the public of our intent to amend merchant mariner manning regulations to align them with statutory changes made by the Howard Coble Coast Guard and Maritime Transportation Act of 2014. The Act allows oilers serving on certain offshore support vessels, towing vessels, and barges to be divided into at least two watches. The change would increase the sea service credit affected mariners are permitted to earn for each 12-hour period of work from one day to one and a half days. The rule will go into effect as scheduled.

Federal Register, Volume 81 Issue 13 (Thursday, January 21, 2016)
[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Page 3336]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01101]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 15

[Docket No. USCG-2015-0758]
RIN 1625-AC25


Offshore Supply Vessels, Towing Vessel, and Barge Engine Rating 
Watches

AGENCY: Coast Guard, DHS.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: On October 26, 2015, the Coast Guard published a direct final 
rule, which notified the public of our intent to amend merchant mariner 
manning regulations to align them with statutory changes made by the 
Howard Coble Coast Guard and Maritime Transportation Act of 2014. The 
Act allows oilers serving on certain offshore support vessels, towing 
vessels, and barges to be divided into at least two watches. The change 
would increase the sea service credit affected mariners are permitted 
to earn for each 12-hour period of work from one day to one and a half 
days. The rule will go into effect as scheduled.

DATES: The effective date of the direct final rule published at 80 FR 
65165 on October 26, 2015 is confirmed as January 25, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Davis Breyer, Marine Personnel 
Qualifications Division (CG-OES-1), Coast Guard; email 
[email protected], telephone (202) 372-1445.

SUPPLEMENTARY INFORMATION: We received two comments in response to the 
direct final rule (DFR). The two comments we received were either not 
adverse or separable from and not within the scope of the rulemaking.
    One commenter supported the rule and thanked the Coast Guard for 
its prompt action. Another commenter titled its comment as ``adverse'' 
and requested that the Coast Guard withdraw the DFR. The commenter 
agreed that ``the Coast Guard is obliged to align Coast Guard 
regulations with the statutes'' and did not oppose the changes to the 
regulation. The commenter argued, rather, that the Coast Guard should 
delay the rulemaking indefinitely and seek new legislation from 
Congress that limits every merchant mariner to serving a uniform 
maximum of 12 hours in a 24 hour period, except in an emergency.
    The DFR conforms Coast Guard regulations to existing law, under 
which affected mariners may earn one and a half days sea service credit 
for each 12-hour period of work. The commenter did not oppose granting 
such mariners such credit for time worked. Instead, the commenter took 
issue with the absence of statutory restrictions on the length of time 
certain mariners may be required to work. The commenter advocated that 
the Coast Guard delay updating the regulations and request that 
Congress amend the statute further.
    The DFR stated that ``we may adopt, as final, those parts of this 
rule on which no adverse comment was received.'' 80 FR 65166. The 
commenter's requests are separable from the rule and raises issues well 
outside the scope of the rule. The rule will therefore go into effect 
as scheduled.

    Dated: January 14, 2016.
J.G. Lantz,
Director, Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2016-01101 Filed 1-20-16; 8:45 am]
BILLING CODE P



                                                3336             Federal Register / Vol. 81, No. 13 / Thursday, January 21, 2016 / Rules and Regulations

                                                Congress and to the Comptroller General                 is attached to section 15.05 to verify the             October 26, 2015 is confirmed as
                                                of the United States. EPA will submit a                 enactment date.)                                       January 25, 2016.
                                                report containing this action and other                    (B) Wisconsin Statutes, section
                                                required information to the U.S. Senate,                19.45(2), as revised by 1989 Wisconsin                 FOR FURTHER INFORMATION CONTACT:   Mr.
                                                the U.S. House of Representatives, and                  Act 338, enacted on April 27, 1990. (A                 Davis Breyer, Marine Personnel
                                                the Comptroller General of the United                   copy of 1989 Wisconsin Act 338 is                      Qualifications Division (CG–OES–1),
                                                States prior to publication of the rule in              attached to section 19.45(2) to verify the             Coast Guard; email Davis.J.Breyer@
                                                the Federal Register. A major rule                      enactment date.)                                       uscg.mil, telephone (202) 372–1445.
                                                cannot take effect until 60 days after it                  (C) Wisconsin Statutes, section 19.46               SUPPLEMENTARY INFORMATION:       We
                                                is published in the Federal Register.                   Conflict of interest prohibited;                       received two comments in response to
                                                This action is not a ‘‘major rule’’ as                  exception, as revised by 2007 Wisconsin                the direct final rule (DFR). The two
                                                defined by 5 U.S.C. 804(2).                             Act 1, enacted on February 2, 2007. (A                 comments we received were either not
                                                   Under section 307(b)(1) of the CAA,                  copy of 2007 Wisconsin Act 1 is
                                                                                                                                                               adverse or separable from and not
                                                petitions for judicial review of this                   attached to section 19.46 to verify the
                                                                                                                                                               within the scope of the rulemaking.
                                                action must be filed in the United States               enactment date.)
                                                Court of Appeals for the appropriate                    ■ 3. Section 52.2591 is amended by                        One commenter supported the rule
                                                circuit by March 21, 2016. Filing a                     adding paragraph (j) to read as follows:               and thanked the Coast Guard for its
                                                petition for reconsideration by the                                                                            prompt action. Another commenter
                                                Administrator of this final rule does not               § 52.2591 Section 110(a)(2) infrastructure             titled its comment as ‘‘adverse’’ and
                                                                                                        requirements.                                          requested that the Coast Guard
                                                affect the finality of this action for the
                                                purposes of judicial review nor does it                 *     *     *     *     *                              withdraw the DFR. The commenter
                                                extend the time within which a petition                   (j) Approval—In a July 2, 2015,                      agreed that ‘‘the Coast Guard is obliged
                                                for judicial review may be filed, and                   submission, Wisconsin certified that the               to align Coast Guard regulations with
                                                shall not postpone the effectiveness of                 state has satisfied the infrastructure SIP             the statutes’’ and did not oppose the
                                                such rule or action. This action may not                requirements of section 110(a)(2)(E)(ii)               changes to the regulation. The
                                                be challenged later in proceedings to                   for the 1997 ozone, 1997 PM2.5, 2006                   commenter argued, rather, that the Coast
                                                enforce its requirements. (See section                  PM2.5, 2008 Pb, 2008 ozone, 2010 NO2,
                                                                                                                                                               Guard should delay the rulemaking
                                                307(b)(2).)                                             and 2010 SO2 NAAQS.
                                                                                                                                                               indefinitely and seek new legislation
                                                                                                        [FR Doc. 2016–01015 Filed 1–20–16; 8:45 am]            from Congress that limits every
                                                List of Subjects in 40 CFR Part 52
                                                                                                        BILLING CODE 6560–50–P                                 merchant mariner to serving a uniform
                                                  Environmental protection, Air                                                                                maximum of 12 hours in a 24 hour
                                                pollution control, Incorporation by                                                                            period, except in an emergency.
                                                reference, Intergovernmental relations,                 DEPARTMENT OF HOMELAND
                                                Lead, Nitrogen dioxide, Ozone,                          SECURITY                                                  The DFR conforms Coast Guard
                                                Particulate matter, Reporting and                                                                              regulations to existing law, under which
                                                recordkeeping requirements, Sulfur                      Coast Guard                                            affected mariners may earn one and a
                                                oxides.                                                                                                        half days sea service credit for each 12-
                                                  Dated: November 23, 2015.                             46 CFR Part 15                                         hour period of work. The commenter
                                                Susan Hedman,                                           [Docket No. USCG–2015–0758]
                                                                                                                                                               did not oppose granting such mariners
                                                                                                                                                               such credit for time worked. Instead, the
                                                Regional Administrator, Region 5.                       RIN 1625–AC25                                          commenter took issue with the absence
                                                    40 CFR part 52 is amended as follows:                                                                      of statutory restrictions on the length of
                                                                                                        Offshore Supply Vessels, Towing
                                                                                                                                                               time certain mariners may be required
                                                PART 52—APPROVAL AND                                    Vessel, and Barge Engine Rating
                                                                                                                                                               to work. The commenter advocated that
                                                PROMULGATION OF                                         Watches
                                                                                                                                                               the Coast Guard delay updating the
                                                IMPLEMENTATION PLANS
                                                                                                        AGENCY:   Coast Guard, DHS.                            regulations and request that Congress
                                                ■ 1. The authority citation for part 52                 ACTION:  Direct final rule; confirmation of            amend the statute further.
                                                continues to read as follows:                           effective date.                                           The DFR stated that ‘‘we may adopt,
                                                    Authority: 42 U.S.C. 7401 et seq.                   SUMMARY:   On October 26, 2015, the                    as final, those parts of this rule on
                                                                                                        Coast Guard published a direct final                   which no adverse comment was
                                                ■ 2. Section 52.2570 is amended by                                                                             received.’’ 80 FR 65166. The
                                                adding paragraph (c)(134) to read as                    rule, which notified the public of our
                                                                                                        intent to amend merchant mariner                       commenter’s requests are separable from
                                                follows:
                                                                                                        manning regulations to align them with                 the rule and raises issues well outside
                                                § 52.2570    Identification of plan.                    statutory changes made by the Howard                   the scope of the rule. The rule will
                                                *      *    *     *    *                                Coble Coast Guard and Maritime                         therefore go into effect as scheduled.
                                                  (c) * * *                                             Transportation Act of 2014. The Act                      Dated: January 14, 2016.
                                                  (134) On July 2, 2015, the Wisconsin                  allows oilers serving on certain offshore              J.G. Lantz,
                                                Department of Natural Resources                         support vessels, towing vessels, and
                                                                                                                                                               Director, Commercial Regulations and
                                                submitted a request to revise the State                 barges to be divided into at least two
                                                                                                                                                               Standards, U.S. Coast Guard.
                                                Implementation Plan to satisfy the state                watches. The change would increase the
                                                                                                                                                               [FR Doc. 2016–01101 Filed 1–20–16; 8:45 am]
jstallworth on DSK7TPTVN1PROD with RULES




                                                board requirements under section 128 of                 sea service credit affected mariners are
                                                the Clean Air Act.                                      permitted to earn for each 12-hour                     BILLING CODE P

                                                  (i) Incorporation by reference.                       period of work from one day to one and
                                                  (A) Wisconsin Statutes, section 15.05                 a half days. The rule will go into effect
                                                Secretaries, as revised by 2013                         as scheduled.
                                                Wisconsin Act 20, enacted on June 30,                   DATES: The effective date of the direct
                                                2013. (A copy of 2013 Wisconsin Act 20                  final rule published at 80 FR 65165 on


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Document Created: 2018-02-02 12:33:30
Document Modified: 2018-02-02 12:33:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule; confirmation of effective date.
DatesThe effective date of the direct final rule published at 80 FR 65165 on October 26, 2015 is confirmed as January 25, 2016.
ContactMr. Davis Breyer, Marine Personnel Qualifications Division (CG-OES-1), Coast Guard; email [email protected], telephone (202) 372-1445.
FR Citation81 FR 3336 
RIN Number1625-AC25

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