[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Rules and Regulations]
[Pages 2141-2142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-845]
=======================================================================
-----------------------------------------------------------------------
PANAMA CANAL COMMISSION
35 CFR Parts 115, 117 and 119
RIN 3207-AA42
Board of Local Inspectors; Composition and Functions; Marine
Accidents: Investigations; Control; Responsibility; Licensing of
Officers
AGENCY: Panama Canal Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Panama Canal Commission is amending its rules to delete
reference to the administrative position of Supervising Inspector. This
change eliminates a level of review of vessel accident investigations
by the Board of Local Inspectors, reducing processing time for its
investigative reports. The action also makes some nomenclature changes
called for by an internal reorganization at the Commission. The
position of Supervising Inspector is not mandated by statute.
DATES: Effective January 14, 1998.
FOR FURTHER INFORMATION CONTACT: John A. Mills, Secretary, Panama Canal
Commission, 1825 I Street NW, Suite 1050, Washington, DC 20006-5402;
Telephone: (202) 634-6441; Facsimile: (202) 634-6439; or John L.
Haines, Jr., General Counsel, Panama Canal Commission, Facsimile: 011-
507-272-3748.
SUPPLEMENTARY INFORMATION: The Board of Local Inspectors (BLI) has
existed at the Panama Canal pursuant to statute or executive order
since 1912, two years before the waterway opened its doors to world
shipping. The BLI's primary functions are the investigation of marine
accidents and the examination and licensing of pilots, masters, mates
and engineers on vessels operating in Canal
[[Page 2142]]
waters. The Chairman and other members of the BLI are selected from
among the Canal's senior pilots and, hence, are experienced and
knowledgeable in all aspects of navigating vessels through the
waterway. Since 1966, the agency's Marine Director has served, ex
officio, as Supervising Inspector and, in that latter capacity, has
overseen the operations of the BLI.
Under an agency-wide reorganization plan motivated by the upcoming
transfer of the Canal to Panama at the end of 1999, the Marine Director
(previously an active-duty or retired U.S. Naval officer) is to be
known as the Maritime Operations Director and is no longer required to
have ship-handling experience. That change eliminates the need for, and
utility of, that official's oversight of the investigative functions of
the BLI and, in keeping with the goal of streamlining the agency, the
administrative position of Supervising Inspector is being eliminated.
Henceforth, the BLI will forward its investigative reports directly to
the Administrator for approval. Duties previously performed by the
Supervising Inspector are either being eliminated or, primarily in the
area of licensing, assumed by the Maritime Operations Director or by
the Administrator or his designee. In other portions of parts 115, 117
and 119 the title Marine Director is replaced by Maritime Operations
Director as envisioned by the said reorganization.
The Commission is exempt from Executive Order 12866 and its
provisions do not apply to this rule. Even if the Order were
applicable, the rule would not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act. The implementation of the rule will have no adverse effect on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic or export markets. Finally, the
Administrator of the Panama Canal Commission certifies these changes
meet the applicable standards set out in sections 2(a) and 2(b)(2) of
Executive Order 12778.
List of Subjects
35 CFR Part 115
Organization and functions (Government agencies), Panama Canal.
35 CFR Part 117
Investigations, Marine safety, Reporting and recordkeeping
requirements.
35 CFR Part 119
Administrative practice and procedure, Panama Canal, Seamen,
Vessels.
For the reasons stated in the Preamble, the Panama Canal Commission
amends 35 CFR Parts 115, 117 and 119 as follows:
PART 115--BOARD OF LOCAL INSPECTORS; COMPOSITION AND FUNCTIONS
1. The authority citation for part 115 is revised to read as
follows:
Authority: 22 U.S.C. 3778; E.O. 12215, 45 FR 36043, 3 CFR, 1980
Comp., p. 257.
2. Revise Sec. 115.1 to read as follows:
Sec. 115.1 Board of Local Inspectors.
There is hereby continued the Board of Local Inspectors of the
Panama Canal Commission, constituted as provided in Sec. 115.2, which
shall perform, conduct and execute--
(a) The investigations called for by 22 U.S.C. 3778;
(b) The functions and responsibilities with which it is vested by
this part and by parts 117 and 119 of this chapter; and
(c) Such other duties in matters of a marine character as it may be
assigned from time to time by the Administrator.
3. Amend Sec. 115.2 as follows:
a. In paragraph (a), introductory text, remove the words ``in
paragraphs (b) and (c)'' and add, in their place, the words ``in
paragraph (b)'';
b. Revise paragraph (b) to read as set forth below.
c. Remove paragraph (c); and
d. Redesignate paragraph (d) as paragraph (c), and remove the words
``Supervising Inspector'' and add, in their place, the word
``Chairman''.
Sec. 115.2 Composition of the Board.
* * * * *
(b) In the absence of the Chairman, or where the subject matter or
circumstances of a particular accident warrant such action, the
Administrator may designate an alternate to replace any official
regularly serving on the Board.
* * * * *
PART 117--MARINE ACCIDENTS; INVESTIGATIONS; CONTROL; RESPONSIBILITY
1. The authority citation for part 117 is revised to read as
follows:
Authority: 22 U.S.C. 3778; E.O. 12215, 45 FR 36043, 3 CFR, 1980
Comp., p. 257.
Sec. 117.1 [Amended]
2. Amend Sec. 117.1 as follows:
a. In paragraphs (b) and (d)(2), remove the words ``Supervising
Inspector'' and add, in their place, the words ``Maritime Operations
Director''; and
b. In paragraph (c) introductory text, remove the words
``Supervising Inspector or''.
3. Revise Sec. 117.3 to read as follows:
Sec. 117.3 Reports by Board to the Administrator.
The Board shall submit reports of all marine accident
investigations conducted by it to the Administrator for approval. Such
reports shall set forth in detail the facts and circumstances
surrounding the accident and bearing upon its proximate causation, the
nature and extent of the injury, and the amount of damages, if any,
occasioned by such injury. The reports shall include a transcript of
the record of the Board's investigation, together with its findings and
opinions respecting the accident. All findings and opinions of the
Board shall be rendered by a full Board after a review of the entire
transcript, even though the hearing may have been conducted by a single
member of the Board or by a two-man Board. Reports of the Board do not
become final until they are approved by the Administrator.
PART 119--LICENSING OF OFFICERS
1. The authority citation for part 119 continues to read as
follows:
Authority: Issued under authority of the President by 22 U.S.C.
3811, E.O. 12215, 45 FR 36043.
2. In part 119, remove the words ``Supervising Inspector'' and add,
in their place, the words ``Maritime Operations Director'', wherever
they appear.
Dated: January 7, 1998.
Alberto Aleman Zubieta,
Administrator.
[FR Doc. 98-845 Filed 1-13-98; 8:45 am]
BILLING CODE 3640-04-P
