[Federal Register Volume 61, Number 212 (Thursday, October 31, 1996)] [Proposed Rules] [Pages 56199-56211] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-27881] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard 46 CFR Parts 10 and 12 [CGD 96-053] User Fees for Marine Licensing, Certification of Registry and Merchant Mariner Documentation AGENCY: Coast Guard, DOT. [[Page 56200]] ACTION: Notice of recalculation of program costs and reassessment of fees; request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard has completed a recalculation of the costs associated with its marine licensing and merchant mariner documentation program and has reassessed the user fees published in 46 CFR Parts 10 and 12. These actions have been taken pursuant to a court order issued by the U.S. District Court for the District of Columbia. This notice announces the completion of, and seeks public comments on, the recalculation and sets out a summary of the results. DATES: Comments must be received not later than December 30, 1996. ADDRESSES: Comments may be mailed to the Executive Secretary, Marine Safety Council (G-LRA) [CGD 96-053], U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001 or may be delivered to room 3406 at the same address between 9:30 a.m. and 2 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 267-1477. The Executive Secretary maintains the public docket for this notice. Comments will become part of this docket and will be available for inspection or copying at room 3406, U.S. Coast Guard Headquarters, between 9:30 a.m. and 2 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: LCDR Matthew Glomb, Office of Claims and Litigation (G-LCL), telephone (202) 267-1040. SUPPLEMENTARY INFORMATION: Request for Comments The Coast Guard encourages interested persons to review and comment on the recalculation by submitting written data, views or arguments. Persons submitting comments should include their names and addresses, identify this notice (CGD 96-053), the specific part of the recalculation to which each comment or question applies, and give the reason for each comment. Please submit two copies of all comments and attachments in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. Persons wanting acknowledgment of receipt of comments should enclose stamped self- addressed postcards or envelopes. Background Information On November 5, 1990, Congress passed the Omnibus Budget Reconciliation Act which amended 46 U.S.C. Sec. 2110 to require establishment of user fees for certain services provided by the Coast Guard. As a result, the Coast Guard issued a final rule entitled ``User Fees for Marine Licensing, Certification of Registry and Merchant Mariner Documentation'' on March 19, 1993 (58 FR 15228). This rule established marine licensing and merchant mariner documentation user fees in 46 Parts 10 and 12. The final rule became effective on April 19, 1993. On April 15, 1993, Seafarers International Union of North America, et al., brought suit against the Coast Guard and sought to, among other things, enjoin it from collecting marine licensing and merchant mariner documentation user fees. In ruling on the case, on November 23, 1994, the U.S. District Court for the District of Columbia affirmed the Coast Guard's authority to establish and collect user fees and confirmed the methodology by which the Coast Guard established its fees. However, the Court ordered the Coast Guard to recalculate the costs associated with its marine licensing and merchant mariner documentation program, reassess the established fees, and subject the recalculations to public notice and comment. The Court also ordered the Coast Guard to stop charging for FBI criminal history checks. The Coast Guard conducted a time-motion study of work activity at Regional Examination Centers during the spring and summer of 1995. This study was undertaken in order to update the data contained in the 1989 Workload Study used during the original calculation of the fees. The study was the first step in the process of recalculating program costs. Since 1995, the Coast Guard has updated all data used in the original calculation of the marine licensing and merchant mariner documentation user fees, including Regional Examination Center transaction data and personnel and overhead costs. The Coast Guard updated its transaction activity data, verified supporting documentation, and recalculated its program costs. The data from the 1995 time-motion study was used during the recalculation of both the overall and per activity cost of the marine licensing and merchant mariner documentation program. The Coast Guard then reassessed its published fees by comparing them to the recalculated costs. The recalculation of costs and the reassessment of user fees ordered by the Court were completed on September 25, 1996. The Coast Guard administratively reduced the amount to be collected for six services where published fees exceeded recalculated costs. These fees can only be permanently changed through the rulemaking process and the Coast Guard will initiate a rulemaking after the close of this comment period. The published fees, recalculated costs, and the fee collection amounts affected by the Coast Guard's interim administrative action are summarized in Tables 1 and 2. BILLING CODE 4910-14-M [[Page 56201]] [GRAPHIC] [TIFF OMITTED] TP31OC96.008 [[Page 56202]] [GRAPHIC] [TIFF OMITTED] TP31OC96.009 [[Page 56203]] [GRAPHIC] [TIFF OMITTED] TP31OC96.010 [[Page 56204]] [GRAPHIC] [TIFF OMITTED] TP31OC96.011 [[Page 56205]] [GRAPHIC] [TIFF OMITTED] TP31OC96.012 [[Page 56206]] [GRAPHIC] [TIFF OMITTED] TP31OC96.013 [[Page 56207]] [GRAPHIC] [TIFF OMITTED] TP31OC96.014 [[Page 56208]] [GRAPHIC] [TIFF OMITTED] TP31OC96.015 [[Page 56209]] [GRAPHIC] [TIFF OMITTED] TP31OC96.016 [[Page 56210]] [GRAPHIC] [TIFF OMITTED] TP31OC96.017 BILLING CODE 4910-14-C [[Page 56211]] This notice complies with the order of the Court that the recalculation and reassessment be subject to notice and comment. Dated: October 24, 1996. J.C. Card, Chief, Marine Safety and Environmental Protection. [FR Doc. 96-27881 Filed 10-30-96; 8:45 am] BILLING CODE 4910-14-M