User Fees for Licenses, Certificates of Registry, and Merchant Mariner Documents

SUMMARY: The Coast Guard proposes to revise user fees for Coast Guard

services relating to the issuance of merchant mariner licenses,

certificates of registry, and merchant mariner documents. The proposed

revisions are based on the most recent recalculation of program costs

associated with mariner documentation services. The two CFR sections in

which the fees are published would also be reformatted from narrative

text into a more user-friendly table.

DATES: Comments must reach the Coast Guard on or before September 28,

1998.

ADDRESSES: You may mail comments to the Docket Management Facility,

[USCG-97-2799], U.S. Department of Transportation (DOT), Room PL-401,

400 Seventh Street SW., Washington, DC 20590-0001, or deliver them to

room Pub. L.-401, located on the Plaza Level of the Nassif Building at

the same address between 10 a.m. and 5 p.m., Monday through Friday,

except Federal holidays. The telephone number is 202-366-9329.

The Docket Management Facility maintains the public docket for this

rulemaking. Comments, and documents as indicated in this preamble, will

become part of this docket and will be available for inspection or

copying at room PL-401, located on the Plaza Level of the Nassif

Building at the above address between 10 a.m. and 5 p.m., Monday

through Friday, except Federal holidays. You may also electronically

access the public docket for this rulemaking on the Internet at http://

dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For information on the public docket,

contact Carol Kelley, Coast Guard Dockets Team Leader or Paulette

Twine, Chief, Documentary Services Division, U.S. Department of

Transportation, telephone 202-366-9329; for information concerning the

notice of proposed rulemaking (NPRM) provisions, contact CDR Mark

McEwen, Project Manager, U.S. Coast Guard Headquarters, Office of

Planning and Resources (G-MRP), telephone 202-267-1409.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in

this rulemaking by submitting written data, views, or arguments.

Persons submitting comments should include their names and addresses,

identify this rulemaking [USCG-97-2799] and the specific section of

this document to which each comment applies, and give the reason for

each comment. Please submit all comments and attachments in an unbound

format, no larger than 8\1/2\ by 11 inches, suitable for copying and

electronic filing to the DOT Docket Management Facility at the address

under ADDRESSES. If you want acknowledgment of receipt of your comment,

enclose a stamped, self-addressed postcard or envelope.

The Coast Guard will consider all comments received during the

comment period. It may change this proposed rule in view of the

comments.

The Coast Guard plans no public meeting. Persons may request a

public meeting by writing to the Marine Safety Council at the address

under ADDRESSES. The request should include the reasons why a public

meeting would be helpful to this rulemaking. If an opportunity for oral

presentations will help the rulemaking procedures, the Coast Guard will

hold a public meeting at a time and place announced by a later notice

in the Federal Register.

Background

Regulatory History

The Coast Guard published a final rule entitled ``User Fees for

Marine Licensing, Certification of Registry and Merchant Mariner

Documentation'' in the Federal Register on March 19, 1993 (59 FR

15228). The rule established marine license, certificate of registry,

and merchant mariner document user fees in 46 CFR parts 10 and 12. The

final rule became effective on April 19, 1993.

On September 27, 1994, the Coast Guard issued a final rule (59 FR

49294) requiring certificates of registry and merchant mariner's

documents to be renewed every 5 years, and user fees for renewals were

added to the fee schedules in 46 CFR parts 10.109 and 12.02-18.

Litigation History

On April 15, 1993, Seafarers International Union of North America,

et al., brought suit against the Coast Guard to enjoin it from

collecting marine licensing and merchant mariner documentation user

fees. On November 23, 1994, the U.S. District Court for the District of

Columbia affirmed the Coast Guard's authority to establish these fees

and it confirmed the methodology used by the Coast Guard to establish

these fees. However, the Court ordered the Coast Guard to recalculate

the costs associated with its merchant mariner licensing and

documentation (MMLD) program, reassess its published fees, and subject

the recalculation to public notice and comment. The Court also ordered

the Coast Guard to stop charging the $17 fee for Federal Bureau of

Investigation (FBI) criminal record checks. The Coast Guard instructed

the Regional Examination Centers (REC) to stop collecting the $17

criminal record check fee, and began the process of recalculating its

program costs.

The recalculation of costs and the reassessment of user fees

ordered by the Court were completed on September 25, 1996. On October

31, 1996, the Coast Guard published in the Federal Register a notice of

its recalculation of program costs and reassessment of fees (61 FR

56199). The Coast Guard encouraged interested persons to review and

comment on the recalculation during the 60-day comment period which

closed December 30, 1996.

On March 27, 1997, on appeal, the U.S. District Court of Appeals

for the District of Columbia overturned the District Court's ruling on

collecting the fee for FBI criminal record checks, but the Coast Guard

has not yet reinstituted collections of the $17 criminal record check

fee.

On May 22, 1997, the District Court ordered the Coast Guard to

begin rulemaking proceedings and complete a final rule on MMLD user

fees no later than April 30, 1998.

On September 17, 1997, the Coast Guard and the SIU settled the

litigation. The final rule completion date of April 30, 1998, no longer

applies to this rulemaking. However, the terms of the settlement

require the Coast Guard to go forward with this rulemaking.

Comments on Notice of Recalculation

The Coast Guard received 163 comments in response to the October

31, 1996, notice of recalculation. Only three comments specifically

addressed the cost elements, methodology, or data collection procedures

of the recalculation. These issues were considered in developing this

proposal.

The remaining 160 comments opposed user fees in general. Many

comments objected to what they believed was a proposed or actual

increase in fees, and some requested a copy of the notice of

recalculation and

[[Page 16025]]

reassessment. They also objected to the notice only being published in

the Federal Register because mariners generally do not read the Federal

Register. A number of comments requested the comment period be extended

some additional time to allow members of the merchant marine, who are

often away from their home port for 30 days or more, to participate in

the ``rulemaking.''

The Coast Guard did not extend the comment period on the notice of

recalculation. The notice was not a regulatory proposal and no agency

action was proposed at that time. The 90-day comment period was

adequate for the purpose of reviewing and commenting on the Coast

Guard's recalculation.

Discussion of Proposed Rule

Overview

The Coast Guard proposes to--

Revise the user fees for issuing merchant mariner licenses,

certificates of registry, and merchant mariners documents; and

Reformat 46 CFR 10.109 and 12.02-18, the two sections in which

the fees are published, by replacing the current narrative text with a

more user-friendly table format.

Proposed Fees

The Coast Guard used the recalculation data to develop the revised

MMLD user fees. In six cases, the recalculated cost figures indicated

that the costs of providing the services was lower than the currently

published fees. The Coast Guard took immediate action to reduce the

amount collected for those six fees. This proposal would make five of

those reductions permanent.

With the exception of 3 fees that remained the same, in all other

cases, the cost of providing the services was higher than the currently

published fees. This proposal would raise those fees based on cost

figures developed during the recalculation and reassessment. The

methodology for recalculation and the issues concerning the proposed

fee adjustments are explained in detail in the draft regulatory

assessment.

The following illustrations show Secs. 10.109 and 12.02-18 in the

current CFR text format, and compare the currently published fees, the

recalculated program costs, and the proposed fees.

Illustration 1.--Licenses and Certificates of Registry

----------------------------------------------------------------------------------------------------------------

Recalculated

CFR Section--46 CFR 10.109 Published fee program costs Proposed fees

----------------------------------------------------------------------------------------------------------------

(a) For Licenses:

(1) Upper Level:

(i) For evaluation for an original license........ $87 \1\$119 $115

(ii) For evaluation for a license other than an

original, including a raise in grade of a license 70 102 100

(iii) For administration of an examination,

including allowable retests...................... 150 110 110

(iv) For administration of a limited examination

required under subpart D of this part, including

allowable retests................................ 55 \2\45 45

(v) For issuance of a license..................... 35 62 45

(2) Lower level:

(i) For evaluation for an original license........ 82 \3\136 115

(ii) For evaluation for a license other than an

original, including a raise in grade in a license 65 119 100

(iii) For administration of an examination,

including allowable retests...................... 80 98 95

(iv) For administration of a limited examination

required under subpart D of this part, including

allowable retests................................ 55 45 45

(v) For issuance of a license..................... 35 51 45

(3) Radio Officer:

(i) For evaluation for an original license........ 62 \4\128 65

(ii) For evaluation for a license other than an

original, including a raise in grade in a license 45 111 50

(iii) For issuance of a license................... 35 61 45

(b) For endorsements, except the radar observer

endorsement, subsequent to the issuance of the license:

(1) For evaluation for single or multiple endorsements 45 50 50

(2) For administration of examinations, including

allowable retests.................................... 55 45 45

(3) For issuance of single or multiple endorsements to

an existing license.................................. 35 46 45

(c) For renewal of a license:

(1) For evaluation for renewal of a license:

(i) Except for a radio officer.................... 45 50 50

(ii) For a radio officer.......................... 45 n/a 50

(2) For administration of an open-book exercise if

required under Sec. 10.209 of this part.............. 55 45 45

(3) For issuance of a renewed license................. 35 46 45

(4) For issuance of a renewed license, without

evaluation or examination, for continuity purposes

only................................................. 35 \5\46 45

(d) For Certificates of Registry:

(1) For Chief Purser, Purser, and Senior Assistant

Purser:

(i) For evaluation of an unlicensed applicant for

a certificate of registry........................ 62 \6\123 120

(ii) For evaluation of an applicant who holds a

license or certificate of registry issued under

this part........................................ 45 106 105

(iii) For issuance of a certificate of registry... 35 179 45

(2) For Junior Assistant Purser, Medical Doctor, and

Professional Nurse:

(i) For evaluation of an unlicensed applicant for

a certificate of registry........................ 17 \7\128 120

(ii) For evaluation of an applicant who holds a

license or certificate of registry issued under

this part........................................ (\11\) 111 105

[[Page 16026]]

(iii) For issuance of a certificate of registry... 35 61 45

(3) For renewal of a Certificate of Registry:

(i) For evaluation for renewal of a certificate of

registry......................................... (\11\) \8\50 50

(ii) For issuance of a renewed certificate of

registry......................................... 35 46 45

(e) For reissue of a license or certificate of registry

issued under this part where a fee is required in Sec.

10.219................................................... 35 106 45

(f) For endorsements to existing license, a raise in grade

of a license, an additional license, or certificate of

registry where further evaluations are not required...... (\9\) n/a (\11\)

(g) For endorsements to an existing license, a raise in

grade of a license, or an additional license where

further examinations are not required.................... (\10\) n/a (\11\)

----------------------------------------------------------------------------------------------------------------

Notes:

\1\Program costs are equal to cost of evaluating an upper level license applicant for a license other than an

original plus the cost of an FBI criminal record check.

\2\Program costs are the same as the costs associated with administering an open-book exercise for renewal of a

license.

\3\Program costs are equal to cost of evaluating a lower level license applicant for a license other than an

original plus the cost of an FBI criminal record check.

\4\Program costs are equal to cost of evaluating a Radio Officer license applicant for a license other than an

original plus the cost of an FBI criminal record check.

\5\Program costs are the same as the costs associated with the issuance of a renewed license.

\6\Program costs are equal to the cost of evaluating a licensed Chief Purser, Purser or Senior Purser

Certificate of Registry applicant plus the cost of an FBI criminal record check.

\7\Program costs are equal to the cost of evaluating a licensed Junior Assistant Purser, Medical Doctor or

Professional Nurse Certificate of Registry applicant plus the cost of an FBI criminal record check.

\8\Program costs are the same as the costs associated with the evaluation of a license renewal applicant.

\9\No evaluation fee.

\10\No examination fee.

\11\No fee.

Illustration 2.--Merchant Mariner Documents

----------------------------------------------------------------------------------------------------------------

Recalculated program

CFR Section--46 CFR 12.02-18(a) Published fee costs Proposed fees

----------------------------------------------------------------------------------------------------------------

(1) For evaluation for an $17...................... \1\$128................. $110

original document (does not

apply if applicant holds a

license or certificate of

registry issued under part 10 of

this chapter).

(2) For evaluation for a merchant

mariner's document endorsed with

a qualified rating:

(i) For an original merchant $77...................... \2\$115................. $110

mariner's document.

(ii) For a merchant mariner's $60...................... $98..................... $95

document other than an

original.

(iii) Where further No fee................... n/a..................... No fee

evaluation is not required,

such as when a merchant

mariner's document is issued

incident to a license

transaction.

(3) For administration of $40...................... $144.................... $140

examination.

(4) For issuance of a document... $35...................... $53..................... $45

(5) For duplicate of a $35...................... $106.................... $45

merchant mariner's document

issued in this part where a

fee is required in Sec.

12.02-23.

(6) For a duplicate \3\$10................... $106.................... \3\$10

continuous discharge book,

record of sea service, or

copies of certificates of

discharge.

(7) For renewal of a merchant

mariner's document:

(i) For evaluation for $45...................... $50..................... $50

renewal of a merchant

mariner's document endorsed

with a qualified rating.

(ii) For evaluation for No fee................... n/a..................... No fee

renewal of a merchant

mariner's document when

submitted with a license

where a renewal evaluation

fee already applies.

(iii) For evaluation for No fee................... n/a..................... $50

renewal of a merchant

mariner's document without

qualified rating endorsement.

(iv) For administration of $40...................... $45..................... $45

open-book exercises required

by Sec. 12.02-27.

(v) For administration of MMD Only the license exercise $45\5\.................. No fee\6\

open-book exercises when fee in Sec. 10.109(c)(2)

required in addition to will apply\4\.

license open-book exercises

for concurrent renewal of

these documents.

(vi) For issuance of a 35....................... 46...................... 45

renewal of a merchant

mariner's document including

those issued for continuity

purposes only.

----------------------------------------------------------------------------------------------------------------

Notes:

\1\Program costs are equal to cost of evaluating an applicant for a merchant mariner's document without

qualified rating endorsement plus the cost of an FBI criminal record check.

\2\Program costs are equal to the cost of evaluating an applicant for an original merchant mariner's document

with qualified rating endorsement plus the cost of an FBI criminal record check.

\3\Payment of fee is not required if loss is caused by shipwreck or other casualty; other casualty includes

damage to a ship caused by collision, explosion, tornado, wreck, flooding, grounding, beaching or fire (see

Sec. 12.02-23).

\4\Fee published in 46 CFR 10.109(c)(2) for administration of an open-book exercise for renewal of a license is

equal to $55.

\5\Program costs are the same as the costs associated with the administration of an open-book exercise for

renewal of a license.

\6\Payment of fee is not required for open-book exercise for renewal of MMD since payment is made during

concurrent open-book exercise for renewal of license.

[[Page 16027]]

Reformatting

The Coast Guard proposes to reformat the two CFR sections (46 CFR

10.109 and 12.02-18) in which the fees are currently published. The

current text presentation is confusing and does not easily identify the

fees for each phase of an MMLD transaction. The Coast Guard proposes to

replace the text with a table which is more user-friendly to the

mariner and to REC personnel, and would help them determine the fees

that apply to a particular transaction. For each MMLD transaction, the

tables would set out the fees for each of the three transaction

phases--evaluation, examination, and issuance. You can read across a

single line to find the fees associated with all the phases in any

particular license, certificate of registry, or merchant mariner

document transaction. In the table format--

An n/a in the fees column would mean there is no Coast Guard

activity in that phase for that transaction; and

A no fee in the fees column would mean there is an activity

for that phase, but there is no fee charged for that activity.

The following illustration shows Sec. 12.02-18, Fees, as it would

appear in the proposed table format.

Illustration 3.--Proposed Table 12.02-18--Fees

----------------------------------------------------------------------------------------------------------------

And you need--

--------------------------------------------------------------

If you apply for-- Evaluation Then Examination Then Issuance Then the

the fee is: the fee is: fee is:

----------------------------------------------------------------------------------------------------------------

Merchant Mariner Document:

Original:

Without endorsement...................... $110 n/a $45

With endorsement......................... 110 $140 45

Endorsement for qualified rating............. 95 140 45

Upgrade or Raise in Grade.................... 95 140 45

Renewal without endorsement for qualified

rating...................................... 50 n/a 45

Renewal with endorsement for qualified rating 50 45 45

Renewal for continuity purposes.............. n/a n/a 45

Reissue/Replacement/Duplicate................ n/a n/a \1\45

Other Transactions:

Duplicate Continuous Discharge Book.......... n/a n/a 10

Duplicate record of sea service.............. n/a n/a 10

Copy of certificate of discharge............. n/a n/a 10

----------------------------------------------------------------------------------------------------------------

\1\Duplicate for document lost as result of marine casualty--No Fee.

Criminal Record Check Fee

The Coast Guard would re-institute collection of the $17 FBI

criminal record check fee when the final rule for this project becomes

effective. The $17 FBI criminal record check fee would be included in

the proposed evaluation phase fee for original documents.

Regulatory Assessment

This proposed rule is not a significant regulatory action under

section 3(f) of Executive Order 12866 and has not been reviewed by the

Office of Management and Budget under that Order. It is not significant

under the regulatory policies and procedures of the Department of

Transportation (DOT) (44 FR 11040; February 26, 1979). A separate Draft

Regulatory Assessment document, however, has been prepared for this

proposal and is available in the docket for inspection or copying where

indicated under ADDRESSES.

The total annual revenues from direct user fees under subtitle II

of 46 U.S.C. 2110 does not exceed $27 million and the merchant marine

licensing and documentation (MMLD) revenues for fiscal year 1996 were

only $4.6 million. The proposed revisions would increase these revenues

to an estimated $9.3 million. This represents the maximum amount of

revenue that could be collected based on recalculated data and

transaction figures. The total revenue of direct user fees under

subtitle II of 46 U.S.C. 2110 for fiscal year 1997 did not exceed $23.1

million, well below the $100 million threshold that would make a

rulemaking economically significant.

The proposed rule would affect all mariners required to hold a

license or certificate of registry (COR) under 46 CFR part 10 or a

merchant mariner document (MMD) under 46 CFR part 12. The Draft

Regulatory Assessment contains a comparison of the proposed fees with

1994 mariner salary levels. It also contains a comparison of the

proposed fees with professional license fees paid by members of other

professions. It illustrates proposed fees as a percentage of typical

annual salary and displays them along with the same type of percentages

for other professions. The U.S. Maritime Administration (MARAD)

provided a listing of typical salaries for persons employed in the

marine industry in 1996. The Coast Guard also used 1994 salary data

from the Bureau of Labor Statistics (BLS) for this analysis. Because

MARAD used mean salary data from 1996 and BLS used median salary data

from 1994, it is difficult to draw conclusions using these numbers.

However, the information is included in the Draft Regulatory Assessment

for general comparison purposes.

The impact of the proposed fees on the individual merchant mariner

would occur at the time fees are paid. At all other years during the

validity of the license, document, or certificate, if there are no

document transactions, no payments are made. The relative economic

impact of the proposed fees on each mariner would vary depending upon

the number and type of documents held by the mariner and the mariner's

ability to pay.

To assess the impact of the proposed fees on the individual

mariner, the Coast Guard annualized fees over the period the documents

were valid. We illustrated the document transactions a hypothetical

mariner may require over the first 10 years he or she holds a license

or document. We assumed that the document transactions this mariner

would need during that period would include renewals, raises in grade

and endorsements. Our analysis of the costs borne by the mariner covers

a 10-year period. As an example, an individual who obtained an original

upper level deck license requiring an examination would need to renew

that license after 5 years, for a second 5-year period of validity.

Over this 10-year period, we assumed the officer would need at least

[[Page 16028]]

one endorsement, which requires a one-time payment and is valid

throughout the life of the license. Over the 10 years, that officer

would incur a total cost of $550 for the original license, its renewal,

and the endorsement. This is a $55 per year annualized cost to the

mariner over that 10-year period.

Using the previous example and using the current fees, the mariner

seeking an upper level license would have paid $542, which has a 10-

year annualized cost of $54.20. The $8 total difference ($550-$542=$8)

between the cost of the transactions under the current fees and under

the proposed fees would annualize over 10 years to $0.80 per year.

In the Draft Regulatory Assessment, salary data is shown for

informational purposes and was used to establish a benchmark for

comparison with the proposed fees. Because of the wide variance in

salaries and days worked, each mariner's earnings will be different and

no conclusion regarding the impact of the proposed fee revisions could

be drawn based solely on this information.

The Draft Regulatory Assessment contains more detailed discussion

of the impact of the proposed fee revisions upon the merchant marine

profession, and contains comparisons with other professional licensing

fees.

Summary

The Coast Guard found that the impact of the proposed revisions

would vary with the financial situation of each individual mariner.

However, the data suggested the financial impact of the proposed fee

revisions are not significantly different from the user and licensing

fees of other professions, both in terms of actual fees and as a

percent of salary. The impact of the proposed fee revisions to the

individual merchant mariner occurs over the phases of the document

transactions at the time each transaction phase fee is paid. Absent

further transactions during the document's 5-year period of validity,

no other payments would be necessary until the renewal of the document.

The Coast Guard understands that the proposed fee revisions may

represent only one of several expenses incurred by the individual

mariner when acquiring a Coast Guard license, COR, or MMD. Within the

marine professions and trades, the fees for MMLD transactions have

essentially become part of the overall cost associated with working in

the industry.

The Coast Guard invites public comment or data relating to the

impact of the proposed fees upon the different categories of license,

COR, and MMD holders.

Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast

Guard considers whether this proposed rule, if adopted, will have a

significant economic impact on a substantial number of small entities.

``Small entities'' include 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.

The fee revisions in this proposed rule will impact the individual

mariner, which for the most part will not affect small entities.

However, some license holders both own and operate their vessels as

small businesses. For those individuals, this proposed rule has small

entity implications.

The Coast Guard estimates that few sole proprietors working as

towing vessel operators, offshore supply vessel operators, and mobile

offshore drilling unit operators. However, we believe that there are a

number of sole proprietors in the small passenger vessel industry.

After contacting the National Association of Charter Boat Operators and

the Passenger Vessel Association, we estimate that 90 percent of the

approximately 5,600 inspected and 480 uninspected small passenger

vessels may operate in this fashion.

As a business, sole proprietors can claim their licensing and

documentation user fees as a business expense for tax purposes and many

can, pass along the expense of the licensing fees to the consumer in

the form of higher rates. Therefore, for these reasons, the Coast Guard

certifies under 5 U.S.C.(b) that this proposed rule, if adopted, will

not have a significant economic impact on a substantial number of small

entities. If, however, you think that your business or organization

qualifies as a small entity and that this proposed rule will have a

significant economic impact on your business or organization, please

submit a comment (see ADDRESSES) explaining why you think it qualifies

and in what way and to what degree this proposed rule will economically

affect it.

Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory

Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard

wants to assist small entities in understanding this proposed rule so

that they can better evaluate its effects on them and participate in

the rulemaking process. If your small business or organization is

affected by this rule and you have questions concerning its provisions

or options for compliance, please contact the Coast Guard's Small

Business Program Manager, Danielle Wildason, telephone 202-267-1154.

Collection of Information

This proposed rule does not contain collection of information

requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-

3520).

Federalism

The Coast Guard has analyzed this proposed rule under the

principles and criteria contained in Executive Order 12612 and has

determined that this proposed rule does not have sufficient

implications for federalism to warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the environmental impact of this

proposal and concluded that, under paragraph 2.B.2.e (34)(a) of

Commandant Instruction M16475.1B, this proposed rule is categorically

excluded from further environmental documentation. A ``Categorical

Exclusion Determination'' is available in the docket for inspection or

copying where indicated under ADDRESSES.

List of Subjects

46 CFR Part 10

Fees, Reporting and recordkeeping requirements, Schools, Seamen.

46 CFR Part 12

Fees, Reporting and recordkeeping requirements, Seamen.

For the reasons discussed in the preamble, the Coast Guard proposes

to amend 46 CFR parts 10 and 12 as follows:

PART 10--LICENSING OF MARITIME PERSONNEL

1. The authority citation for part 10 continues to read as follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110; 46 U.S.C.

Chapter 71; 46 U.S.C. 7502, 7505, 7701; 49 CFR 1.45, 1.46; Sec.

10.107 also issued under the authority of 44 U.S.C. 3507.

2. Revise Sec. 10.109 to read as follows:

Sec. 10.109 Fees.

Use table 10.109 to determine the fees that you must pay for

license and certificate of registry activities in this part:

[[Page 16029]]

Table 10.109--Fees

----------------------------------------------------------------------------------------------------------------

And you need--

--------------------------------------------------------------

If you apply for-- Evaluation Then Examination Then Issuance Then the

the fee is: the fee is: fee is:

----------------------------------------------------------------------------------------------------------------

License:

Original:

Upper level.............................. $115 $110 $5

Lower level.............................. 115 95 45

Raise of grade............................... 100 45 45

Modification or removal of limitation or

scope....................................... 50 45 45

Endorsement(s)............................... 50 45 45

Renewal...................................... 50 45 45

Renewal for continuity purposes.............. n/a n/a 45

Reissue/Replacement/Duplicate................ n/a n/a 45\1\

Radio Officer License:

Original..................................... 65 n/a 45

Endorsement(s)............................... 50 45 45

Renewal...................................... 50 n/a 45

Renewal for continuity purposes.............. n/a n/a 45

Reissue/Replacement/Duplicate................ n/a n/a 45\1\

Certificate of Registry:

Original (MMD holder)........................ 105 n/a 45

Original (MMD applicant)..................... 120 n/a 45

Renewal...................................... 50 n/a 45

Renewal for continuity purposes.............. n/a n/a 45

Endorsement(s) (Sec. 10.809 for Marine

physician assistant or Hospital corpsman)... n/a n/a 45

Reissue/Replacement/Duplicate................ n/a n/a 45\1\

----------------------------------------------------------------------------------------------------------------

\1\Duplicate for document lost as result of marine casualty--No Fee.

Sec. 10.209 [Amended]

3. In Sec. 10.209(e)(4), remove the symbols ``Secs. '' and add, in

its place, the word ``tables'.

Secs. 10.205, 10.207, 10.209, 10.217, and 10.219 [Amended]

4. In addition to the amendments set forth above, in 46 CFR part

10, remove the word ``Sec. 10.109'' and add, in its place, the words

``table 10.109'' in the following places:

(a) Section 10.205(a);

(b) Section 10.207(a);

(c) Section 10.209(a)(1), (e)(3)(i)(A), (e)(4), and (f);

(d) Section 10.217((a)(1) and (a)(2); and

(e) Section 10.219(c).

PART 12--CERTIFICATION OF SEAMEN

5. The authority citation for part 12 continues to read as follows:

Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301,

7302, 7503, 7505, 7701; 49 CFR 1.46.

6. Revise Sec. 12.02-18 to read as follows:

Sec. 12.02-18 Fees.

(a) Unless otherwise specified in this part, use table 12.02-18 to

determine the fees that you must pay for merchant mariner document

activities.

(b) Unless otherwise specified in this part, when two documents are

processed on the same application--

(1) Evaluation Fees. If a merchant mariner document transaction is

processed on the same application as a license or certificate of

registry transaction, only the license or certificate of registry

evaluation fee will be charged;

(2) Examination Fees. If a license examination under part 10 also

fulfills the examination requirements in this part for a merchant

mariner document, only the fee for the license examination is charged;

and

(3) Issuance Fees. A separate issuance fee will be charged for each

document issued.

(c) Unless otherwise directed, the prescribed fee must be paid as

follows:

(1) If an evaluation fee, at the time of application.

(2) If an examination fee, prior to taking the first examination

section at a Regional Examination Center. For examinations administered

at locations other than a Regional Examination Center, the examination

fee must be received by the Regional Examination Center at least 1 week

in advance of the scheduled examination date.

(3) If an issuance fee, prior to receiving the document.

(d) Prescribed fees must be paid by one of the following options:

(1) Mail-in. Payment by check or money order only, made payable

to--

(i) U.S. Coast Guard;

(ii) U.S. Government;

(iii) U.S. Treasury; or

(iv) U.S. Department of Transportation.

(2) Fee payment must be made by check or money order for the exact

amount of the fee. Each check or money order must include the

applicant's (payor's) social security number.

(3) In-person. Fee payment will be accepted by cash, check, or

money order at Coast Guard units where Regional Examination Centers are

located. Where an applicant makes payment by cash, payment must be in

the exact amount.

(e) The following applies to anyone failing to pay a fee or charge

established under this subpart:

(1) Anyone who fails to pay a fee or charge established under this

subpart is liable to the United States Government for a civil penalty

of not more than $5,000 for each violation.

(2) The Coast Guard may assess additional charges to a mariner to

recover collection and enforcement costs associated with delinquent

payments of, or failure to pay, a fee. Coast Guard documentation

services may also be withheld from anyone pending payment of

outstanding fees owed to the Coast Guard for services already provided

by Regional Examination Centers.

[[Page 16030]]

Table 12.02-18--Fees

----------------------------------------------------------------------------------------------------------------

And you need--

--------------------------------------------------------------

If you apply for-- Evaluation Then Examination Then Issuance Then the

the fee is: the fee is: fee is:

----------------------------------------------------------------------------------------------------------------

Merchant Mariner Document:

Original:

Without endorsement...................... $110 n.a $45

With endorsement......................... 110 $140 45

Endorsement for qualified rating............. 95 140 45

Upgrade or Raise in Grade.................... 95 140 45

Renewal without endorsement for qualified

rating...................................... 50 n/a 45

Renewal with endorsement for qualified rating 50 45 45

Renewal for continuity purposes.............. n/a n/a 45

Reissue/Replacement/Duplicate................ n/a n/a \1\45

Other Transactions:

Duplicate Continuous Discharge Book.......... n/a n/a 10

Duplicate record of sea service.............. n/a n/a 10

Copy of certificate of discharge............. n/a n/a 10

----------------------------------------------------------------------------------------------------------------

\1\Duplicate for document lost as result of marine casualty--No Fee.

Sec. 12.02-27 [Amended]

7. In Sec. 12.02-27(e)(4) and (f), remove the symbols ``Secs. ''

and add, in its place, the word ``tables''.

Secs. 12.02-23 and 12.02-27 [Amended]

8. In addition to the amendments set forth above, in 46 CFR part

12, remove the word ``Sec. 12.02-18'' and add, in its place, the words

``table 12.02-18'' in the following places:

(a) Section 12.02-23(b) and (c)(2);

(b) Section 12.02-27(a)(1), (e)(3)(i)(A), (e)(4), and (f).

Dated: March 24, 1998.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety

and Environmental Protection.

[FR Doc. 98-8409 Filed 3-31-98; 8:45 am]

BILLING CODE 4910-14-P