International Air Pollution Prevention (IAPP) Certificates, 21554-21558 [E9-10749]

Download as PDF 21554 Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations List of Subjects in 40 CFR Part 52 L. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer Advancement Act of 1995 (NTTAA), Public Law 104–113, (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impracticable. VCS are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable VCS. This action does not involve technical standards. Therefore, EPA did not consider the use of any VCS. M. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule will be effective May 8, 2009. hsrobinson on PROD1PC76 with RULES N. Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the District of Columbia Circuit Court within 60 days from the date final action is published in the Federal Register. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review must be filed, and shall not postpone the effectiveness of such rule or action. Thus, any petitions for review of this action making findings of failure to submit attainment demonstration SIPs for the Charlotte Area, must be filed in the Court of Appeals for the District of Columbia Circuit within 60 days from the date final action is published in the Federal Register. VerDate Nov<24>2008 14:27 May 07, 2009 Jkt 217001 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: April 29, 2009. A. Stanley Meiburg, Acting Regional Administrator, Region 4. [FR Doc. E9–10683 Filed 5–7–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 745 Lead-Based Paint Poisoning Prevention in Certain Residential Structures CFR Correction In Title 40 of the Code of Federal Regulations, parts 700 to 789, revised as of July 1, 2008, on page 609, in § 745.225, remove the phrase ‘‘leadbased paint activities’’ and add in its place the phrase ‘‘renovator, dust sampling technician, or lead-based paint activities’’ in paragraphs (c)(13)(i) (two occurrences); (c)(13)(ii) introductory text, (A), and (B); (c)(13)(iii); (c)(13)(vi); and (c)(13)(viii). [FR Doc. E9–10939 Filed 5–7–09; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Part 8 [Docket No. USCG–2008–1014] RIN 1625–AB31 International Air Pollution Prevention (IAPP) Certificates Coast Guard, DHS. Direct final rule; request for comments. AGENCY: ACTION: SUMMARY: By this direct final rule, the Coast Guard amends its vessel inspection regulations to add the International Air Pollution Prevention (IAPP) certificate to the list of certificates a recognized classification society may be authorized to issue on behalf of the United States. This action is being taken because the United States recently deposited an instrument of ratification with the International PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 Maritime Organization for Annex VI of the International Convention for the Prevention of Pollution by Ships, 1973 as modified by the Protocol of 1978 (MARPOL 73/78). As a result, Annex VI entered into force for the United States on January 8, 2009. This rulemaking will offer a more efficient means for U.S. ships to obtain an IAPP certificate. DATES: This rule is effective August 6, 2009, unless an adverse comment, or notice of intent to submit an adverse comment, is either submitted to our online docket via http:// www.regulations.gov on or before June 22, 2009 or reaches the Docket Management Facility by that date. If an adverse comment, or notice of intent to submit an adverse comment, is received by June 22, 2009, we will withdraw this direct final rule and publish a timely notice of withdrawal in the Federal Register. ADDRESSES: You may submit comments identified by docket number USCG– 2008–1014 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building, Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these methods. For instructions on submitting comments, see the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call Mr. Wayne Lundy, Systems Engineering Division, Coast Guard, telephone 202– 372–1379. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Table of Contents for the Preamble I. Public Participation and Request for Comments A. Submitting Comments B. Viewing Comments and Documents C. Privacy Act D. Public Meeting II. Abbreviations III. Regulatory Information IV. Background and Purpose E:\FR\FM\08MYR1.SGM 08MYR1 Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations V. Discussion of the Rule VI. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment Enter, and then click on the item in the Docket ID column. If you do not have access to the internet, you may also view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation, West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. I. Public Participation and Request for Comments C. Privacy Act Anyone can search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008 issue of the Federal Register (73 FR 3316). We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http:// www.regulations.gov and will include any personal information you have provided. A. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2008–1014), indicate the specific section of this document to which each comment applies, and give the reason for each suggestion or recommendation. You may submit your comments and material online, or by fax, mail or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an e-mail address, or a phone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, select the Advanced Docket Search option on the right side of the screen, insert ‘‘USCG– 2008–1014’’ in the Docket ID box, press Enter, and then click on the balloon shape in the actions column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. hsrobinson on PROD1PC76 with RULES B. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, select the Advanced Docket Search option on the right side of the screen, insert ‘‘USCG– 2008–1014’’ in the Docket ID box, press VerDate Nov<24>2008 17:29 May 07, 2009 Jkt 217001 D. Public Meeting We do not now plan to hold a public meeting. But you may use the same means of submitting a comment to request a public meeting. In your request, explain why you believe this additional forum for public comments would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. II. Abbreviations Annex VI MARPOL Annex Re Prevention of Air Pollution From Ships APPS Act to Prevent Pollution from Ships CFR Code of Federal Regulations DHS Department of Homeland Security EIAPP Engine International Air Pollution Prevention EPA Environmental Protection Agency IAPP International Air Pollution Prevention IMO International Maritime Organization MARPOL International Convention for the Prevention of Pollution from Ships, as modified by the Protocol of 1978 MPPA Maritime Pollution Prevention Act of 2008 NEPA National Environmental Policy Act of 1969 NTTAA National Technology Transfer and Advancement Act U.S.C. United States Code III. Regulatory Information We are publishing this direct final rule under 33 CFR 1.05–55 because we do not expect an adverse comment. If no adverse comment or notice of intent to submit an adverse comment is received by June 22, 2009, this rule will become effective as stated in the DATES section. In that case, approximately 30 days PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 21555 before the effective date, we will publish a document in the Federal Register stating that no adverse comment was received and confirming that this rule will become effective as scheduled. However, if we receive an adverse comment or notice of intent to submit an adverse comment, we will publish a document in the Federal Register announcing the withdrawal of all or part of this direct final rule. A comment is considered ‘‘adverse’’ if it explains why this rule or a part of this rule would be inappropriate, including a challenge to its underlying premise or approach, or would be ineffective or unacceptable without a change. If an adverse comment applies only to part of this rule and it is possible to remove that part without defeating the purpose of this rule, we may adopt, as final, those parts of this rule on which no adverse comment was received. We will withdraw the part of this rule that was the subject of an adverse comment. If we cannot proceed to a direct final rule following receipt of an adverse comment, and we decide to proceed with a rulemaking, we will publish a separate notice of proposed rulemaking (NPRM) and provide a new opportunity for comment. IV. Background and Purpose On May 19, 2005, air pollution prevention regulations in Annex VI to the International Convention for the Prevention of Pollution from Ships, as modified by the Protocol of 1978 (MARPOL), came into force internationally. Under the terms of the convention, Article V(4), nations that are parties to MARPOL Annex VI may require ships in their waters to comply with these international air pollution prevention regulations. The International Air Pollution Prevention (IAPP) Certificate and Engine International Air Pollution Prevention (EIAPP) Certificate are used to document compliance with MARPOL Annex VI. On July 21, 2008, the United States enacted the Maritime Pollution Prevention Act of 2008 (MPPA), Pub. L. 110–280, 122 Stat 2611. The MPPA amends the Act to Prevent Pollution from Ships (APPS), 33 U.S.C. 1901– 1910, for the purpose of implementing MARPOL Annex VI. The U.S. State Department deposited the U.S. instrument of ratification for Annex VI with the International Maritime Organization (IMO) on October 8, 2008. Under MARPOL Article 15(5), Annex VI entered into force for the United States on January 8, 2009. With the exception of EIAPP certificates to be issued by the Environmental Protection Agency E:\FR\FM\08MYR1.SGM 08MYR1 hsrobinson on PROD1PC76 with RULES 21556 Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations (EPA), in 33 U.S.C. 1904, Congress directs the Secretary of the Department of Homeland Security (DHS) to designate those persons authorized to issue on behalf of the United States the certificates required by the MARPOL Protocol. The Secretary delegated that authority to the Coast Guard Commandant in DHS Delegation No. 0170.1 sec. 2(77). The Commandant has delegated authority to issue IAPP certificates to the Assistant Commandant for Marine Safety, Security and Stewardship and Coast Guard Officers in Charge, Marine Inspection (OCMI). Under authority of 46 U.S.C. 3103, 3306, 3316, 3703, the Coast Guard may delegate authority to issue international convention certificates to a recognized classification society. Because the United States had not ratified MARPOL Annex VI until recently, our Vessel Inspection Alternatives regulations in 46 CFR part 8 do not include the IAPP certificate as one of the international certificates that may be so delegated. In this direct final rule, we are adding the IAPP certificate to the list of international certificates that a recognized classification society may be authorized to issue on our behalf. Regulation 7 of MARPOL Annex VI, which entered into force internationally on May 19, 2005, prohibits issuing an IAPP certificate to a ship that is entitled to fly the flag of a State which is not a Party to MARPOL Annex VI. Although the U.S. deposited the instrument of ratification on October 8, 2008, MARPOL Annex VI did not enter into force for the United States until January 8, 2009. Starting on that date, IAPP certificates may be issued to U.S. ships. Before January 8, 2009, U.S. ships had not been able to obtain an IAPP certificate. This put them at risk of port state control from nations already party to MARPOL Annex VI. Therefore, the Coast Guard coordinated with the EPA to reduce that risk by documenting compliance with MARPOL Annex VI without issuing an IAPP certificate. Under this program, owners and operators of those ships required by MARPOL Annex VI to have an EIAPP certificate could request a statement of voluntary compliance with the MARPOL Annex VI engine certification provisions from EPA. See discussion in 68 FR 9746, at 9756–57 and 9769–70, February 28, 2003. Once the statement of voluntary compliance was issued by EPA, the ship owner or operator could ask the Coast Guard or a recognized classification society for a statement of voluntary compliance with all the provisions in MARPOL Annex VI. The owners and operators of ships not VerDate Nov<24>2008 14:27 May 07, 2009 Jkt 217001 required by MARPOL Annex VI to have an EIAPP certificate could approach the Coast Guard or a recognized classification society directly for a statement of voluntary compliance for the ship. Therefore, to obtain a statement of voluntary compliance, U.S. ships underwent, on a voluntary basis, the same surveys, testing, and inspection called for by MARPOL Annex VI for an IAPP certificate. Since the United States is now a party to MARPOL Annex VI, ship owners and operators possessing a valid statement of voluntary compliance issued by the Coast Guard or a recognized classification society may exchange the statement of voluntary compliance for an IAPP certificate if they have obtained an Engine International Air Pollution Prevention (EIAPP) certificate from the EPA. To make this exchange, ship owners and operators should request an EIAPP certificate from the EPA. Then, the owner or operator should display the EIAPP to the local Coast Guard OCMI or a recognized classification society to receive the IAPP certificate. Owners and operators of ships not required by MARPOL Annex VI to have an EIAPP certificate may simply approach the local OCMI or recognized classification society directly for an IAPP certificate. Under this process, the new IAPP certificate would have the same expiration date as the statement of voluntary compliance. Alternatively, an owner or operator could have the ship undergo an initial inspection to obtain an IAPP certificate. If the ship were required to have an EIAPP, it could not be issued an IAPP certificate without first having obtained an EIAPP certificate from the EPA. For further information, Policy Letter 09–01 from the Coast Guard Office of Vessel Activities provides guidance for owners and operators of U.S. and foreign flag ships that operate in U.S. waters regarding compliance with the provisions of MARPOL 73/78. This policy letter and other guidance pertaining to Annex VI compliance, including links to Annex VI, the NOx Technical code, and EPA EIAPP Certificate information, are available on the Coast Guard’s Annex VI information web site at http://homeport.uscg.mil by selecting the following tabs: Missions > Domestic Vessels > Domestic Vessel General > MARPOL ANNEX VI. V. Discussion of Rule Through this direct final rule, the Coast Guard amends 46 CFR 8.320(b) by adding the MARPOL 73/78 International Air Pollution Prevention Certificate to the current list of certificates in that section. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 VI. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on 13 of these statutes or executive orders. A. Regulatory Planning and Review 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. The rule does not impose mandatory actions on the U.S. maritime industry. Industry will have to meet the conditions of MARPOL Annex VI regardless of whether this rulemaking is promulgated. This rule initiates the process that may allow recognized classification societies to issue IAPP certificates on behalf of the Coast Guard. The full range of activities related to compliance with the MARPOL Annex VI requirements are beyond the scope of this limited rulemaking and are not accounted for under this rule as these activities will take place in the absence of this rulemaking. However, as a result of the rule, classification societies may take action to request delegation of authority to conduct IAPP inspections and certifications. In response, the Coast Guard would evaluate the application and may issue a delegation of authority. Although voluntary, classification societies may incur minor costs associated with requesting the delegation of authority to conduct IAPP inspections and certifications. The Coast Guard may incur costs associated with the evaluation of these requests and the issuance of delegations of authority to recognized classification societies. We estimate that the rule potentially affects five classification societies that may request delegation of authority to issue IAPP certifications. We use OMBapproved collections of information (1625–0101, 1625–0095, 1625–0093, and 1625–0041) to estimate the costs and burden. We estimate that it will take classification society employees about 5.25 hours to review the rulemaking requirements and prepare the delegation request, at an average cost of $458.50 per classification society (3.5 hours @ $112 per hour for a director and 1.75 hours @ $38 per hour for a secretary). We estimate the total one-time costs for E:\FR\FM\08MYR1.SGM 08MYR1 Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations hsrobinson on PROD1PC76 with RULES all five classification societies to be $2,300 (rounded). In addition, we estimate that the federal government (Coast Guard) will incur one-time costs to review and approve the requests for delegation. Based on the OMB-approved collections of information discussed above, we estimate that it will take about 3.5 hours to review and approve each request for delegation and 1.5 hours to issue an order to delegate authority for a total one-time government cost of $1,800 based on OMB-approved collection of information estimates. We estimate the total one-time cost of this rule to be $4,100 (non-discounted) for classification societies and the government combined. The rulemaking would result in several direct and indirect benefits to the U.S. maritime industry. The rule may result in a reduction in potential wait time for IAPP certificates. In the absence of delegation of authority to classification societies, vessel owners and operators might have to queue for IAPP certificates from the Coast Guard. Combined with the Coast Guard’s other activities, such a process could result in an unnecessary and burdensome wait for vessels. The Coast Guard might have to redirect resources that would have been used for other missions which may result in a less efficient use of government resources. Finally, the rulemaking may mitigate potential consequences to U.S. vessels due to non-compliance with MARPOL Annex VI, including costly vessel detentions in foreign ports. B. 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. Classification societies affected by this rule will most likely be classified under one of the following North American Industry Classification System (NAICS) 6-digit codes for water transportation: 488330—Navigation Services to Shipping or 488390—Other Support Activities for Water Transportation. According to the Small Business Administration’s size standards, a U.S. company classified under these NAICS codes with annual revenues less than $7 million is considered a small entity. VerDate Nov<24>2008 14:27 May 07, 2009 Jkt 217001 21557 We have determined that there is only one U.S. classification society affected by this rule. We researched size and revenue data using proprietary and public business databases and found that this entity earns more than $7 million in annual revenue and is not considered a small entity by the Small Business Administration’s size standards. In addition, we found other classification societies not to be small and foreign owned and operated. However, this rule is not mandatory and classification societies, regardless of size, will only choose to participate if the benefits are greater than the costs. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule would not have a significant economic impact on a substantial number of small entities. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment to the Docket Management Facility at the address under ADDRESSES. In your comment, explain why you think it qualifies and how and to what degree this rule would economically affect it. That notice invited comments on our proposed information collection request. Our proposed information collection request estimated the burden for requests and delegation of certificates similar to the IAPP certificates. We received no comments in response to that notice and submitted our information collection request to OMB. 73 FR 41364, July 18, 2008. We received OMB approval without change on November 19, 2008. However, we expect only five entities will be affected by this requirement in the first year it is implemented. As such, this rule contains no new collection of information under the Paperwork Reduction Act. C. Assistance for Small Entities 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. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule so that they can better evaluate its effects on them and participate in the rulemaking. If the rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult Mr. Wayne Lundy, Systems Engineering Division, Coast Guard, telephone 202–372–1379. The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. D. 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). On April 8, 2008, we published a notice in the Federal Register announcing our plans to seek a 3-year extension of OMB’s approval of our 1625–0041 collection of information entitled, ‘‘Various International Agreement Pollution Prevention Certificates and Documents, and Equivalency Certificates’’ (73 FR 19082, April 8, 2008), under which IAPP voluntary compliance certificates are issued. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if the rule 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. F. Unfunded Mandates Reform Act G. 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. H. 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. I. 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 E:\FR\FM\08MYR1.SGM 08MYR1 21558 Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations M. Environment health or risk to safety that may disproportionately affect children. J. 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. K. 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. hsrobinson on PROD1PC76 with RULES L. 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 adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. In the separate action of a recognized classification society issuing an IAPP, any technical standards applied would be those from MARPOL Annex VI itself and 33 U.S.C. 1907(a), which makes it unlawful to act in violation of the MARPOL Protocol. MARPOL Protocol is now defined to include Annex VI. 33 U.S.C. 1901(a)(4)&(5). VerDate Nov<24>2008 14:27 May 07, 2009 Jkt 217001 DEPARTMENT OF COMMERCE We have analyzed this rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.lD, 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 this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. Therefore, this rule is categorically excluded, under section 2.B.2. Figure 2–1, paragraph 34(d), from the Instruction and neither an environmental assessment nor an environmental impact statement is required. This rule involves IAPP certificates and falls within the documentation portion of this categorical exclusion. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 970730185–7206–02] RIN 0648–XO98 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Gulf of Mexico Recreational Fishery for Red Snapper AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS closes the recreational fishery for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). In addition, a person aboard a vessel for which a Federal charter vessel/headboat permit for Gulf reef fish has been issued, must also List of Subjects for 46 CFR Part 8 abide by these closure provisions in Administrative practice and state waters if the Federal closure procedure, Incorporation by reference, provisions are more restrictive than Organization and functions applicable state law. NMFS has (Government agencies), Reporting and determined this action is necessary to recordkeeping requirements, Vessels. prevent the recreational fishery from ■ For the reasons discussed in the exceeding its quota for the fishing year. preamble, the Coast Guard amends 46 This closure is necessary to prevent CFR part 8 as follows: overfishing of Gulf red snapper. DATES: The closure is effective 12:01 PART 8—VESSEL INSPECTION a.m., local time, August 15, 2009, ALTERNATIVES through December 31, 2009. The ■ 1. The authority citation for part 8 recreational fishery will reopen on June continues to read as follows: 1, 2010, the beginning of the 2010 recreational fishing season. Authority: 46 U.S.C. 3103, 3306, 3316, FOR FURTHER INFORMATION CONTACT: Dr. 3703; Department of Homeland Security Delegation No. 0170.1. Steve Branstetter, telephone 727–551– 5796, fax 727–824–5308, e-mail ■ 2. In § 8.320— Steve.Branstetter@noaa.gov. ■ a. In paragraph (b)(10), remove the SUPPLEMENTARY INFORMATION: The red word ‘‘and’’; snapper fishery of the Gulf of Mexico is ■ b. In paragraph (b)(11), remove the managed under the Fishery period and add, in its place, ‘‘; and’’; Management Plan for the Reef Fish and Resources of the Gulf of Mexico (FMP). ■ c. Add new paragraph (b)(12) to read The FMP was prepared by the Gulf of as follows: Mexico Fishery Management Council § 8.320 Classification society authorization (Council) and is implemented under the to issue international certificates. authority of the Magnuson-Stevens * * * * * Fishery Conservation and Management Act (Magnuson-Stevens Act) by (b) * * * (12) MARPOL 73/78 International Air regulations at 50 CFR part 622. Pollution Prevention Certificate. Background * * * * * Constraining harvest to the quota is Dated: April 30, 2009. crucial to meeting the legal Jeffrey G. Lantz, requirements to prevent and end U.S. Coast Guard, Director, Commercial overfishing and rebuild the red snapper Regulations and Standards. resource of the Gulf of Mexico. On [FR Doc. E9–10749 Filed 5–7–09; 8:45 am] February 28, 2008, new fishing regulations were implemented by NMFS BILLING CODE 4910–15–P PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\08MYR1.SGM 08MYR1

Agencies

[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Rules and Regulations]
[Pages 21554-21558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10749]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 8

[Docket No. USCG-2008-1014]
RIN 1625-AB31


International Air Pollution Prevention (IAPP) Certificates

AGENCY: Coast Guard, DHS.

ACTION: Direct final rule; request for comments.

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SUMMARY: By this direct final rule, the Coast Guard amends its vessel 
inspection regulations to add the International Air Pollution 
Prevention (IAPP) certificate to the list of certificates a recognized 
classification society may be authorized to issue on behalf of the 
United States. This action is being taken because the United States 
recently deposited an instrument of ratification with the International 
Maritime Organization for Annex VI of the International Convention for 
the Prevention of Pollution by Ships, 1973 as modified by the Protocol 
of 1978 (MARPOL 73/78). As a result, Annex VI entered into force for 
the United States on January 8, 2009. This rulemaking will offer a more 
efficient means for U.S. ships to obtain an IAPP certificate.

DATES: This rule is effective August 6, 2009, unless an adverse 
comment, or notice of intent to submit an adverse comment, is either 
submitted to our online docket via http://www.regulations.gov on or 
before June 22, 2009 or reaches the Docket Management Facility by that 
date. If an adverse comment, or notice of intent to submit an adverse 
comment, is received by June 22, 2009, we will withdraw this direct 
final rule and publish a timely notice of withdrawal in the Federal 
Register.

ADDRESSES: You may submit comments identified by docket number USCG-
2008-1014 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these methods. For 
instructions on submitting comments, see the ``Public Participation and 
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section 
below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Mr. Wayne Lundy, Systems Engineering Division, Coast Guard, 
telephone 202-372-1379. If you have questions on viewing or submitting 
material to the docket, call Renee V. Wright, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Contents for the Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Regulatory Information
IV. Background and Purpose

[[Page 21555]]

V. Discussion of the Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2008-1014), indicate the specific section of this 
document to which each comment applies, and give the reason for each 
suggestion or recommendation. You may submit your comments and material 
online, or by fax, mail or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an e-mail address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2008-1014'' in the Docket ID box, press Enter, 
and then click on the balloon shape in the actions column. If you 
submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
select the Advanced Docket Search option on the right side of the 
screen, insert ``USCG-2008-1014'' in the Docket ID box, press Enter, 
and then click on the item in the Docket ID column. If you do not have 
access to the internet, you may also view the docket online by visiting 
the Docket Management Facility in Room W12-140 on the ground floor of 
the Department of Transportation, West Building, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. We have an agreement with the 
Department of Transportation to use the Docket Management Facility.

C. Privacy Act

    Anyone can search the electronic form of all comments received into 
any of our dockets by the name of the individual submitting the comment 
(or signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008 issue of the 
Federal Register (73 FR 3316).

D. Public Meeting

    We do not now plan to hold a public meeting. But you may use the 
same means of submitting a comment to request a public meeting. In your 
request, explain why you believe this additional forum for public 
comments would be beneficial. If we determine that one would aid this 
rulemaking, we will hold one at a time and place announced by a later 
notice in the Federal Register.

II. Abbreviations

Annex VI MARPOL Annex Re Prevention of Air Pollution From Ships
APPS Act to Prevent Pollution from Ships
CFR Code of Federal Regulations
DHS Department of Homeland Security
EIAPP Engine International Air Pollution Prevention
EPA Environmental Protection Agency
IAPP International Air Pollution Prevention
IMO International Maritime Organization
MARPOL International Convention for the Prevention of Pollution from 
Ships, as modified by the Protocol of 1978
MPPA Maritime Pollution Prevention Act of 2008
NEPA National Environmental Policy Act of 1969
NTTAA National Technology Transfer and Advancement Act
U.S.C. United States Code

III. Regulatory Information

    We are publishing this direct final rule under 33 CFR 1.05-55 
because we do not expect an adverse comment. If no adverse comment or 
notice of intent to submit an adverse comment is received by June 22, 
2009, this rule will become effective as stated in the DATES section. 
In that case, approximately 30 days before the effective date, we will 
publish a document in the Federal Register stating that no adverse 
comment was received and confirming that this rule will become 
effective as scheduled. However, if we receive an adverse comment or 
notice of intent to submit an adverse comment, we will publish a 
document in the Federal Register announcing the withdrawal of all or 
part of this direct final rule.
    A comment is considered ``adverse'' if it explains why this rule or 
a part of this rule would be inappropriate, including a challenge to 
its underlying premise or approach, or would be ineffective or 
unacceptable without a change. If an adverse comment applies only to 
part of this rule and it is possible to remove that part without 
defeating the purpose of this rule, we may adopt, as final, those parts 
of this rule on which no adverse comment was received. We will withdraw 
the part of this rule that was the subject of an adverse comment. If we 
cannot proceed to a direct final rule following receipt of an adverse 
comment, and we decide to proceed with a rulemaking, we will publish a 
separate notice of proposed rulemaking (NPRM) and provide a new 
opportunity for comment.

IV. Background and Purpose

    On May 19, 2005, air pollution prevention regulations in Annex VI 
to the International Convention for the Prevention of Pollution from 
Ships, as modified by the Protocol of 1978 (MARPOL), came into force 
internationally. Under the terms of the convention, Article V(4), 
nations that are parties to MARPOL Annex VI may require ships in their 
waters to comply with these international air pollution prevention 
regulations. The International Air Pollution Prevention (IAPP) 
Certificate and Engine International Air Pollution Prevention (EIAPP) 
Certificate are used to document compliance with MARPOL Annex VI.
    On July 21, 2008, the United States enacted the Maritime Pollution 
Prevention Act of 2008 (MPPA), Pub. L. 110-280, 122 Stat 2611. The MPPA 
amends the Act to Prevent Pollution from Ships (APPS), 33 U.S.C. 1901-
1910, for the purpose of implementing MARPOL Annex VI. The U.S. State 
Department deposited the U.S. instrument of ratification for Annex VI 
with the International Maritime Organization (IMO) on October 8, 2008. 
Under MARPOL Article 15(5), Annex VI entered into force for the United 
States on January 8, 2009. With the exception of EIAPP certificates to 
be issued by the Environmental Protection Agency

[[Page 21556]]

(EPA), in 33 U.S.C. 1904, Congress directs the Secretary of the 
Department of Homeland Security (DHS) to designate those persons 
authorized to issue on behalf of the United States the certificates 
required by the MARPOL Protocol. The Secretary delegated that authority 
to the Coast Guard Commandant in DHS Delegation No. 0170.1 sec. 2(77). 
The Commandant has delegated authority to issue IAPP certificates to 
the Assistant Commandant for Marine Safety, Security and Stewardship 
and Coast Guard Officers in Charge, Marine Inspection (OCMI).
    Under authority of 46 U.S.C. 3103, 3306, 3316, 3703, the Coast 
Guard may delegate authority to issue international convention 
certificates to a recognized classification society. Because the United 
States had not ratified MARPOL Annex VI until recently, our Vessel 
Inspection Alternatives regulations in 46 CFR part 8 do not include the 
IAPP certificate as one of the international certificates that may be 
so delegated. In this direct final rule, we are adding the IAPP 
certificate to the list of international certificates that a recognized 
classification society may be authorized to issue on our behalf.
    Regulation 7 of MARPOL Annex VI, which entered into force 
internationally on May 19, 2005, prohibits issuing an IAPP certificate 
to a ship that is entitled to fly the flag of a State which is not a 
Party to MARPOL Annex VI. Although the U.S. deposited the instrument of 
ratification on October 8, 2008, MARPOL Annex VI did not enter into 
force for the United States until January 8, 2009. Starting on that 
date, IAPP certificates may be issued to U.S. ships.
    Before January 8, 2009, U.S. ships had not been able to obtain an 
IAPP certificate. This put them at risk of port state control from 
nations already party to MARPOL Annex VI. Therefore, the Coast Guard 
coordinated with the EPA to reduce that risk by documenting compliance 
with MARPOL Annex VI without issuing an IAPP certificate.
    Under this program, owners and operators of those ships required by 
MARPOL Annex VI to have an EIAPP certificate could request a statement 
of voluntary compliance with the MARPOL Annex VI engine certification 
provisions from EPA. See discussion in 68 FR 9746, at 9756-57 and 9769-
70, February 28, 2003. Once the statement of voluntary compliance was 
issued by EPA, the ship owner or operator could ask the Coast Guard or 
a recognized classification society for a statement of voluntary 
compliance with all the provisions in MARPOL Annex VI. The owners and 
operators of ships not required by MARPOL Annex VI to have an EIAPP 
certificate could approach the Coast Guard or a recognized 
classification society directly for a statement of voluntary compliance 
for the ship. Therefore, to obtain a statement of voluntary compliance, 
U.S. ships underwent, on a voluntary basis, the same surveys, testing, 
and inspection called for by MARPOL Annex VI for an IAPP certificate.
    Since the United States is now a party to MARPOL Annex VI, ship 
owners and operators possessing a valid statement of voluntary 
compliance issued by the Coast Guard or a recognized classification 
society may exchange the statement of voluntary compliance for an IAPP 
certificate if they have obtained an Engine International Air Pollution 
Prevention (EIAPP) certificate from the EPA. To make this exchange, 
ship owners and operators should request an EIAPP certificate from the 
EPA. Then, the owner or operator should display the EIAPP to the local 
Coast Guard OCMI or a recognized classification society to receive the 
IAPP certificate. Owners and operators of ships not required by MARPOL 
Annex VI to have an EIAPP certificate may simply approach the local 
OCMI or recognized classification society directly for an IAPP 
certificate. Under this process, the new IAPP certificate would have 
the same expiration date as the statement of voluntary compliance.
    Alternatively, an owner or operator could have the ship undergo an 
initial inspection to obtain an IAPP certificate. If the ship were 
required to have an EIAPP, it could not be issued an IAPP certificate 
without first having obtained an EIAPP certificate from the EPA.
    For further information, Policy Letter 09-01 from the Coast Guard 
Office of Vessel Activities provides guidance for owners and operators 
of U.S. and foreign flag ships that operate in U.S. waters regarding 
compliance with the provisions of MARPOL 73/78. This policy letter and 
other guidance pertaining to Annex VI compliance, including links to 
Annex VI, the NOx Technical code, and EPA EIAPP Certificate 
information, are available on the Coast Guard's Annex VI information 
web site at http://homeport.uscg.mil by selecting the following tabs: 
Missions > Domestic Vessels > Domestic Vessel General > MARPOL ANNEX 
VI.

V. Discussion of Rule

    Through this direct final rule, the Coast Guard amends 46 CFR 
8.320(b) by adding the MARPOL 73/78 International Air Pollution 
Prevention Certificate to the current list of certificates in that 
section.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 13 of these statutes or executive orders.

A. Regulatory Planning and Review

    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.
    The rule does not impose mandatory actions on the U.S. maritime 
industry. Industry will have to meet the conditions of MARPOL Annex VI 
regardless of whether this rulemaking is promulgated.
    This rule initiates the process that may allow recognized 
classification societies to issue IAPP certificates on behalf of the 
Coast Guard. The full range of activities related to compliance with 
the MARPOL Annex VI requirements are beyond the scope of this limited 
rulemaking and are not accounted for under this rule as these 
activities will take place in the absence of this rulemaking.
    However, as a result of the rule, classification societies may take 
action to request delegation of authority to conduct IAPP inspections 
and certifications. In response, the Coast Guard would evaluate the 
application and may issue a delegation of authority.
    Although voluntary, classification societies may incur minor costs 
associated with requesting the delegation of authority to conduct IAPP 
inspections and certifications. The Coast Guard may incur costs 
associated with the evaluation of these requests and the issuance of 
delegations of authority to recognized classification societies.
    We estimate that the rule potentially affects five classification 
societies that may request delegation of authority to issue IAPP 
certifications. We use OMB-approved collections of information (1625-
0101, 1625-0095, 1625-0093, and 1625-0041) to estimate the costs and 
burden.
    We estimate that it will take classification society employees 
about 5.25 hours to review the rulemaking requirements and prepare the 
delegation request, at an average cost of $458.50 per classification 
society (3.5 hours @ $112 per hour for a director and 1.75 hours @ $38 
per hour for a secretary). We estimate the total one-time costs for

[[Page 21557]]

all five classification societies to be $2,300 (rounded).
    In addition, we estimate that the federal government (Coast Guard) 
will incur one-time costs to review and approve the requests for 
delegation. Based on the OMB-approved collections of information 
discussed above, we estimate that it will take about 3.5 hours to 
review and approve each request for delegation and 1.5 hours to issue 
an order to delegate authority for a total one-time government cost of 
$1,800 based on OMB-approved collection of information estimates.
    We estimate the total one-time cost of this rule to be $4,100 (non-
discounted) for classification societies and the government combined.
    The rulemaking would result in several direct and indirect benefits 
to the U.S. maritime industry. The rule may result in a reduction in 
potential wait time for IAPP certificates. In the absence of delegation 
of authority to classification societies, vessel owners and operators 
might have to queue for IAPP certificates from the Coast Guard. 
Combined with the Coast Guard's other activities, such a process could 
result in an unnecessary and burdensome wait for vessels. The Coast 
Guard might have to redirect resources that would have been used for 
other missions which may result in a less efficient use of government 
resources. Finally, the rulemaking may mitigate potential consequences 
to U.S. vessels due to non-compliance with MARPOL Annex VI, including 
costly vessel detentions in foreign ports.

B. 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.
    Classification societies affected by this rule will most likely be 
classified under one of the following North American Industry 
Classification System (NAICS) 6-digit codes for water transportation: 
488330--Navigation Services to Shipping or 488390--Other Support 
Activities for Water Transportation. According to the Small Business 
Administration's size standards, a U.S. company classified under these 
NAICS codes with annual revenues less than $7 million is considered a 
small entity.
    We have determined that there is only one U.S. classification 
society affected by this rule. We researched size and revenue data 
using proprietary and public business databases and found that this 
entity earns more than $7 million in annual revenue and is not 
considered a small entity by the Small Business Administration's size 
standards. In addition, we found other classification societies not to 
be small and foreign owned and operated. However, this rule is not 
mandatory and classification societies, regardless of size, will only 
choose to participate if the benefits are greater than the costs.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this rule would not have a significant economic impact on a substantial 
number of small entities. If you think that your business, 
organization, or governmental jurisdiction qualifies as a small entity 
and that this rule would have a significant economic impact on it, 
please submit a comment to the Docket Management Facility at the 
address under ADDRESSES. In your comment, explain why you think it 
qualifies and how and to what degree this rule would economically 
affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them and participate in the rulemaking. If the rule will 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please consult Mr. Wayne Lundy, Systems Engineering 
Division, Coast Guard, telephone 202-372-1379. The Coast Guard will not 
retaliate against small entities that question or complain about this 
rule or any policy or action of the Coast Guard.

D. 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). On April 8, 
2008, we published a notice in the Federal Register announcing our 
plans to seek a 3-year extension of OMB's approval of our 1625-0041 
collection of information entitled, ``Various International Agreement 
Pollution Prevention Certificates and Documents, and Equivalency 
Certificates'' (73 FR 19082, April 8, 2008), under which IAPP voluntary 
compliance certificates are issued.
    That notice invited comments on our proposed information collection 
request. Our proposed information collection request estimated the 
burden for requests and delegation of certificates similar to the IAPP 
certificates. We received no comments in response to that notice and 
submitted our information collection request to OMB. 73 FR 41364, July 
18, 2008. We received OMB approval without change on November 19, 2008. 
However, we expect only five entities will be affected by this 
requirement in the first year it is implemented. As such, this rule 
contains no new collection of information under the Paperwork Reduction 
Act.

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if the rule 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.

F. 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.

G. 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.

H. 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.

I. 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

[[Page 21558]]

health or risk to safety that may disproportionately affect children.

J. 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.

K. 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.

L. 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 adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards. In the separate 
action of a recognized classification society issuing an IAPP, any 
technical standards applied would be those from MARPOL Annex VI itself 
and 33 U.S.C. 1907(a), which makes it unlawful to act in violation of 
the MARPOL Protocol. MARPOL Protocol is now defined to include Annex 
VI. 33 U.S.C. 1901(a)(4)&(5).

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01 and Commandant Instruction M16475.lD, 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 this action 
is one of a category of actions which do not individually or 
cumulatively have a significant effect on the human environment. 
Therefore, this rule is categorically excluded, under section 2.B.2. 
Figure 2-1, paragraph 34(d), from the Instruction and neither an 
environmental assessment nor an environmental impact statement is 
required. This rule involves IAPP certificates and falls within the 
documentation portion of this categorical exclusion. An environmental 
analysis checklist and a categorical exclusion determination are 
available in the docket where indicated under ADDRESSES.

List of Subjects for 46 CFR Part 8

    Administrative practice and procedure, Incorporation by reference, 
Organization and functions (Government agencies), Reporting and 
recordkeeping requirements, Vessels.

0
For the reasons discussed in the preamble, the Coast Guard amends 46 
CFR part 8 as follows:

PART 8--VESSEL INSPECTION ALTERNATIVES

0
1. The authority citation for part 8 continues to read as follows:

    Authority:  46 U.S.C. 3103, 3306, 3316, 3703; Department of 
Homeland Security Delegation No. 0170.1.


0
2. In Sec.  8.320--
0
a. In paragraph (b)(10), remove the word ``and'';
0
b. In paragraph (b)(11), remove the period and add, in its place, ``; 
and''; and
0
c. Add new paragraph (b)(12) to read as follows:


Sec.  8.320  Classification society authorization to issue 
international certificates.

* * * * *
    (b) * * *
    (12) MARPOL 73/78 International Air Pollution Prevention 
Certificate.
* * * * *

    Dated: April 30, 2009.
Jeffrey G. Lantz,
U.S. Coast Guard, Director, Commercial Regulations and Standards.
[FR Doc. E9-10749 Filed 5-7-09; 8:45 am]
BILLING CODE 4910-15-P