[Federal Register: June 10, 2004 (Volume 69, Number 112)]
[Rules and Regulations]               
[Page 32465-32466]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn04-11]                         

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 10, 12, and 15

[USCG-1999-5610]
RIN 1625-AA24 (Formerly RIN 2115-AF83)

 
Training and Qualifications for Personnel on Passenger Ships

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This final rule adopts without changes the interim rule 
published on October 30, 2002, which established requirements of 
training and certification for masters, certain licensed officers, and 
certain crewmembers on most vessels inspected under subchapter H, T, or 
K. It is intended to help reduce human error, improve the ability of 
crewmembers to assist passengers during emergencies, and promote 
safety.

DATES: This final rule is effective July 12, 2004.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-1999-5610 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. You may also find this docket on the Internet at http://dms.dot.gov
.


FOR FURTHER INFORMATION CONTACT: For questions on this rule, call Mark 
Gould, Project Manager, Commandant (G-MSO-1), Coast Guard, telephone 
(202) 267-6890. If you have questions on viewing the docket, call 
Andrea M. Jenkins, Program Manager, Docket Operations, telephone (202) 
366-0271.

SUPPLEMENTARY INFORMATION:

Interim Rule

    On October 30, 2002, we published an interim rule with request for 
comments (67 FR 66063; effective January 28, 2003). The interim rule 
established training and certification requirements for masters, 
certain licensed officers, and certain crewmembers on ships inspected 
under 46 CFR subchapters H, T, and K. It did not apply to roll-on/roll-
off passenger ships carrying more than 12 passengers on international 
voyages, or to passenger ships on domestic voyages. The interim rule 
implemented Regulation V/3 of the International Convention on Standards 
of Training, Certification and Watchkeeping for Seafarers, 1978, as 
amended in 1997.
    We issued an interim rule instead of a final rule in order to give 
the public time to comment on a change we made in 46 CFR 12.35-5 
subsequent to publication of the Notice of Proposed Rulemaking (NPRM; 
65 FR 37507, June 15, 2000). That section provides general requirements 
for unlicensed persons who serve on passenger ships and perform duties 
that involve safety or care for passengers. The public comment period 
for the interim rule ended December 20, 2002.
    We received no comments in response to our interim rule and request 
for comments. Because no reason to change the rule has been brought to 
our attention, we now announce our decision to finalize the interim 
rule. Pursuant to the Administrative Procedure Act, 30 days must elapse 
before the final rule takes effect, and during that period the interim 
rule will continue to be in effect.

Regulatory Evaluation

    The analyses we conducted in connection with the interim rule all 
remain unchanged, and the Analysis Documentation prepared for the 
interim rule remains in the docket. This rule is not a ``significant 
regulatory action'' under section 3(f) of Executive Order 12866, 
Regulatory Planning and Review, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget (OMB) has not reviewed it under that 
Order. It is not ``significant'' under the regulatory policies and 
procedures of the Department of Homeland Security (DHS). Please consult 
the Regulatory Evaluation provided in the interim rule for further 
information.

Collection of Information

    As described in the NPRM and in the Analysis Documentation, the 
interim rule contained three added

[[Page 32466]]

requirements that call for collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). We received no 
comments on the collection of information in our request for comments 
in the NPRM.
    As required by 44 U.S.C. 3507(d), we submitted a copy of this rule 
to OMB for its review of the collection of information. OMB has 
approved the collection. The section numbers are Sec. Sec.  10.1105, 
12.35-5, and 15.1103, and the corresponding approval number from OMB is 
OMB Control Number 1625-0079 (formerly OMB Control Number 2115-0624), 
which expires on February 28, 2006.

List of Subjects

46 CFR Part 10

    Penalties, Reporting and recordkeeping requirements, Schools, 
Seamen.

46 CFR Part 12

    Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

PART 10--LICENSING OF MARITIME PERSONNEL

PART 12--CERTIFICATION OF SEAMEN

PART 15--MANNING REQUIREMENTS

0
Accordingly, the interim rule amending 46 CFR parts 10, 12, and 15 
which was published at 67 FR 66063 on October 30, 2002, is adopted as a 
final rule without change.

    Dated: June 2, 2004.
T.H. Gilmour,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 04-13174 Filed 6-9-04; 8:45 am]

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