[Federal Register: June 22, 2006 (Volume 71, Number 120)]
[Rules and Regulations]
[Page 35816-35818]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn06-19]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 1
[USCG-2006-24520]
RIN 1625-AB03
Coast Guard Organization; Activities Europe
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: This rule makes non-substantive changes in Coast Guard
regulations that describe the agency's organization for marine safety
functions, and how decisions can be appealed within the agency. The
changes are necessitated by a recent organizational change that placed
Activities Europe under the operational and administrative control of
the Coast Guard's Atlantic Area Command. This rule will have no
substantive effect on the regulated public.
DATES: This final rule is effective June 22, 2006.
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-2006-24520 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
.
[[Page 35817]]
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Mr. D. Skewes, Coast Guard, telephone 202-267-0418 or e-mail
DSkewes@comdt.uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-493-0402.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a Notice of Proposed Rulemaking (NPRM) for this
regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard
finds that this rule is exempt from notice and comment rulemaking
requirements of the Administrative Procedure Act because the changes it
makes involve agency organization, procedure, and practice, and are
non-substantive. This rule consists only of organizational and
conforming amendments. These changes will have no substantive effect on
the public; therefore, it is unnecessary to publish an NPRM. Under 5
U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons,
good cause exists for making this rule effective less than 30 days
after publication in the Federal Register.
Discussion of the Rule
A recent organizational change transferred operational and
administrative control of Coast Guard Activities Europe from the Coast
Guard's Fifth District to its Atlantic Area Command and deleted
``Marine Inspection Office'' from the unit's name. The only impact on
the public is to change the route for appeals from decisions or actions
of Activities Europe, from the Fifth District Commander to the Atlantic
Area Commander. Existing Coast Guard marine safety regulations describe
the agency's organization and appeals process, but uses language that
presupposes that all marine inspection offices are under district
office control. This rule amends the regulatory language to take into
account Activities Europe's new chain of command.
Regulatory Evaluation
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 has not
reviewed it under that Order. We expect the economic impact of this
rule to be so minimal that a full Regulatory Evaluation is unnecessary.
This rule involves internal agency practices and procedures and makes
non-substantive changes that will not impose any costs on the public.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This rule does not require a general NPRM and, therefore, is exempt
from the requirements of the Regulatory Flexibility Act. Although this
rule is exempt, we have reviewed it for potential economic impact on
small entities. This rule will have no substantive effect on the
regulated public. Therefore, the Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or
[[Page 35818]]
adopted by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, we did not consider the use of
voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraphs (34)(a) and (b), of the Instruction from further
environmental documentation because this rule involves editorial,
procedural, and internal agency functions. An ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are
available in the docket where indicated under ADDRESSES.
List of Subjects in 46 CFR Part 1
Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements.
0
For the reasons discussed in the preamble, the Coast Guard amends 46
CFR part 1 as follows:
PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE
SAFETY FUNCTIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46
U.S.C. Chapter 93; Public Law 107-296, 116 Stat. 2135; Department of
Homeland Security Delegation No. 0170.1; Sec. 1.01-35 also issued
under the authority of 44 U.S.C. 3507.
0
2. Amend Sec. 1.01-05 by adding paragraph (c) to read as follows:
Sec. 1.01-05 Definitions of terms used in this part.
* * * * *
(c) The term Area Commander means an officer of the Coast Guard
designated as such by the Commandant to command all Coast Guard
activities within an Area.
0
3. Amend Sec. 1.01-10 by revising paragraph (b) introductory text to
read as follows:
Sec. 1.01-10 Organization.
* * * * *
(b) To carry out the regulatory and enforcement aspects of marine
safety, the staff officers designated in this paragraph are assigned to
the Commandant. The chain of military command is directly from the
Commandant to the District Commanders, except for marine safety
regulatory and enforcement matters within the area of responsibility of
Coast Guard Activities Europe. For Activities Europe, the chain of
command is from the Commandant to the Atlantic Area Commander. The
staff officers at Headquarters act only on the basis of the
Commandant's authority and direction.
* * * * *
Sec. 1.01-15 [Amended]
0
4. Amend Sec. 1.01-15 as follows:
0
a. Revise paragraph (a); and
0
b. Revise the first sentence in paragraph (b) to read as follows:
Sec. 1.01-15 Organization; areas and districts.
(a) To assist the District Commander, and the Atlantic Area
Commander with respect to Activities Europe, in carrying out the
regulatory and enforcement aspects of marine safety, there is assigned
to each District Commander and to the Atlantic Area Commander a staff
officer designated as Chief, Marine Safety Division. The chain of
military command is from the District Commander to each Officer in
Charge, Marine Inspection, within the district and from the Atlantic
Area Commander to the Officer in Charge, Activities Europe. The Chief
of the Marine Safety Division is a staff officer assigned to the
District Commanders and Atlantic Area Commander, and acts only on the
basis of the authority and direction of the District Commanders, and
the Atlantic Area Commanders with respect to Activities Europe.
* * * * *
(b) The Officers in Charge, Marine Inspection, in the Coast Guard
districts, under the supervision of the District Commanders, and the
Officer in Charge, Activities Europe, under the supervision of the
Atlantic Area Commander are in charge of the marine inspection offices
in the various ports and have command responsibilities with assigned
marine safety zones for the performance of duties with respect to the
inspection, enforcement and administration of navigation and vessel
inspection laws, and rules and regulations governing marine safety. * *
*
* * * * *
0
5. Amend Sec. 1.01-25 by revising paragraph (b) to read as follows:
Sec. 1.01-25 General flow of functions.
* * * * *
(b)(1) The general course and method by which the functions (other
than those dealing with suspension and revocation of licenses,
certificates or documents described in paragraph (c) of this section)
concerning marine safety activities are channeled, begins with the
Officer in Charge, Marine Inspection, at the local Marine Safety
Office. From this Officer the course is to the Chief, Marine Safety
Division, on the staff of the District Commander, and then to the
District Commander. From the District Commander, the course is to the
Chief of one of the offices with Marine Safety and Environmental
Protection at Headquarters.
(2) For Activities Europe, the course is from the Officer in
Charge, Activities Europe to the staff of the Atlantic Area Commander,
then to the Atlantic Area Commander, and then to the Chief of one of
the offices with Marine Safety and Environmental Protection at
Headquarters.
* * * * *
0
6. Section 1.03-20 is revised to read as follows:
Sec. 1.03-20 Appeals from decisions or actions of an OCMI.
Any person directly affected by a decision or action of an OCMI
may, after requesting reconsideration of the decision or action by the
cognizant OCMI, make a formal appeal of that decision or action, via
the office of the cognizant OCMI, to the District Commander of the
district in which the office of the cognizant OCMI is located, or in
the case of the Officer in Charge, Activities Europe, to the Atlantic
Area Commander, in accordance with the procedures contained in Sec.
1.03-15 of this subpart.
Dated: June 16, 2006.
S.G. Venckus,
Chief, Office of Regulations and Administrative Law, United States
Coast Guard.
[FR Doc. E6-9864 Filed 6-21-06; 8:45 am]
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