Passenger Vessel Operator Financial Responsibility Requirements for Non-Performance of Transportation, 11995-11997 [2012-4749]
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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules
EPA specifically solicits additional
comment on this proposed rule from
tribal officials.
EPA lacks the discretionary authority
to address environmental justice in this
rulemaking.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements.
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This rule is not subject to
Executive Order 13045, because it
proposes to approve a State rule
implementing a Federal standard.
Authority: 42 U.S.C. 7401 et seq.
Dated: February 15, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012–4737 Filed 2–27–12; 8:45 am]
BILLING CODE 6560–50–P
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
FEDERAL MARITIME COMMISSION
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) because it is
not a significant regulatory action under
Executive Order 12866.
[Docket No. 11–16]
I. National Technology Transfer and
Advancement Act
mstockstill on DSK4VPTVN1PROD with PROPOSALS
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
18:48 Feb 27, 2012
Jkt 226001
RIN 3072–AC45
Passenger Vessel Operator Financial
Responsibility Requirements for NonPerformance of Transportation
Federal Maritime Commission.
Proposed rule: Request for
additional comments and information.
AGENCY:
ACTION:
Section 12 of the National Technology
Transfer and Advancement Act
(NTTAA) of 1995 requires Federal
agencies to evaluate existing technical
standards when developing a new
regulation. To comply with NTTAA,
EPA must consider and use ‘‘voluntary
consensus standards’’ (VCS) if available
and applicable when developing
programs and policies unless doing so
would be inconsistent with applicable
law or otherwise impractical.
The EPA believes that VCS are
inapplicable to this action. Today’s
action does not require the public to
perform activities conducive to the use
of VCS.
VerDate Mar<15>2010
46 CFR Parts 501 and 540
The Federal Maritime
Commission requests additional
comments and information in order to
assist the Commission’s determination
whether passenger vessel operators may
be deemed ‘‘small entities’’ under the
Regulatory Flexibility Act (as amended
by the Small Business Regulatory
Enforcement Fairness Act).
DATES: Submit comments on or before
March 30, 2012.
ADDRESSES: Address all comments
concerning this proposed rule to: Karen
V. Gregory, Secretary, Federal Maritime
Commission, 800 North Capitol Street
NW., Washington, DC 20573–0001,
Phone: (202) 523–5725, Email:
secretary@fmc.gov.
FOR FURTHER INFORMATION CONTACT:
Vern W. Hill, Director, Bureau of
Certification and Licensing, 800 North
Capitol Street NW., Washington, DC
20573–0001, Phone: (202) 523–5787,
Email: bcl@fmc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Submit Comments
Non-confidential Comments and
Information. For non-confidential
comments submit an original and five
(5) paper copies, and if possible, send a
PDF of the document by email to
secretary@fmc.gov. Include in the
subject line: Docket No. 11–16 and
[Company/Individual Name].
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11995
Confidential Comments and
Information. Confidential filings must
be submitted in the traditional manner
on paper, rather than by email.
Comments and information that are
submitted for confidential treatment
must be submitted in hard copy by U.S.
mail or courier. Confidential filings
must be accompanied by a transmittal
letter that identifies the filing as
‘‘confidential’’ and describes the nature
and extent of the confidential treatment
requested. Responses to this Request
that contain confidential information
must consist of (1) the complete filing
and (2) be marked by the filer as
‘‘Confidential-Restricted,’’ with the
confidential material clearly marked on
each page. When a confidential filing is
submitted, an original and one
additional copy of the public version of
the filing must be submitted. The public
version of the filing should exclude
confidential materials, and be clearly
marked on each affected page,
‘‘confidential materials excluded.’’ The
Commission will provide confidential
treatment to the extent allowed by law
for those submissions, or parts of
submissions, for which the parties
request confidentiality.
Questions regarding filing or
treatment of confidential responses to
this NPRM should be directed to the
Commission’s Secretary, Karen V.
Gregory, at the telephone number or
email provided above.
Discussion
On September 13, 2011, the
Commission issued its Notice of
Proposed Rulemaking (NPRM) to update
its financial responsibility requirements
for nonperformance of passenger vessel
service by passenger vessel operators
that are subject to section 3 of Public
Law 89–777, 46 U.S.C. 44101–44106.
The NPRM was published in the
Federal Register on September 20, 2011.
76 FR 58227–58236.
In the NPRM, the Commission relied
upon the rebuttable presumption
established in 20031 that PVOs are
generally large companies with more
than 500 employees and noted that
there are no PVO small entities that
would be affected by the proposed rule.
NPRM, p. 12. In addition, the
Commission also provided the factual
basis under the Regulatory Flexibility
Act (RFA),2 as amended by the Small
1 See, FMC Policy and Procedures Regarding
Proper Consideration of Small Entities in
Rulemakings (February 7, 2003). (Commission
SBREFA Policy). See, https://www.fmc.gov/assets/1/
Page/SBREFA_Guidelines_2003.pdf.
2 Regulatory Flexibility Act, Pub. L. 96–354, 94
Stat. 1164 (codified at 5 U.S.C. 601 et seq.).
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11996
Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Business Regulatory Enforcement
Fairness Act (SBREFA),3 for the
Chairman’s certification that the rule
will not have a significant economic
impact on a substantial number of small
entities. It was noted that the proposed
rule could result in significant
reductions in the cost of financial
responsibility coverage because of the
use of alternative coverage options.
However, the public was requested to
comment on the certification and its
underlying assumptions.4
American Cruise Lines, Inc. (ACL)
requests in its comments that the
Commission treat it as a small entity
under the RFA and SBREFA. ACL
informed the Commission that it has
less than 500 employees, which is the
maximum number a PVO can employ
and be considered a small entity under
SBA’s current size standards.5 ACL
Comments, pp. 2–3. The Passenger
Vessel Association (PVA) similarly
asserts that four of its members would
qualify as small entities under RFA and
SBREFA and that a ‘‘good faith
analysis’’ under those statutes should be
made. PVA Comments, p. 3. In view of
these comments, the Commission seeks
additional information relevant to the
Commission’s analysis whether there
will be significant economic impacts on
a substantial number of small entities.
In its SBREFA Policy, the
Commission adopted the small business
size standards established by the Small
Business Administration that are
matched to industry classifications in
the North American Industry
Classification System (NAICS).6 The
Commission specifically identified
industry code and title: 483112—Deep
Sea Passenger Transportation. However,
two additional code classifications in
the NAICS may apply to passenger
vessel operators: 483114—Coastal and
Great Lakes Passenger Transportation;
and, 483212 Inland Water Passenger
Transportation. For each of these three
code classifications, the same size
standard applies. In other words, a PVO
may have no more than 500 employees
in order to be considered a small entity.
In order to determine the number and
extent to which small entity PVOs may
be affected by the proposed rule, the
Commission invites response from all
3 Small Business Regulatory Enforcement
Fairness Act of 1996, Pub. L. 104–121, 110 Stat.
857.
4 The Commission SBREFA Policy also
encourages small PVOs to ‘‘submit a request for
such treatment * * *, along with payroll * * *
evidence * * *, to substantiate its claim and rebut
the presumption.’’ SBREFA Policy, p. 4.
5 See https://www.sba.gov/sites/default/files/
Size_Standards_Table.pdf.
6 SBREFA Policy, at p. 3.
VerDate Mar<15>2010
18:48 Feb 27, 2012
Jkt 226001
PVOs as to the number of employees
employed by their companies.7 The
employee data sought includes full time
and temporary employees, and the
number of employees of each PVO’s
foreign and domestic affiliates.
In addition, the Commission’s
threshold analysis under RFA and
SBREFA also involves estimating:
• The economic impacts upon those
entities,
• Whether those impacts are
significant (including whether such
entities would be placed at a
competitive disadvantage relative to
larger entities), and
• Whether such effects will fall upon
a substantial number of small entities.
In pursuing this analysis, the
Commission needs information from
large and small PVOs. The questions set
forth below seek information related to:
each PVO’s estimated cost of
compliance with the proposed rule; the
company’s total revenues, expenses and
earnings; the average revenue per
passenger; the number of passengers
embarked at U.S. and foreign ports; and
identification of direct competitors in
the United States cruise markets in
which the PVO is currently operating.
In view of the foregoing, the
Commission requests written comments
and responses to the following
questions by interested parties,
including those that previously filed
comments in response to the proposed
rulemaking.8
Questions
1. Please detail your estimated cost of
compliance with the proposed rule’s
requirements pertaining to financial
responsibility for nonperformance of
passenger vessel transportation (i.e.,
premiums and fees by sureties;
collateral required by credit card
issuers; other costs):
(a) Based on current operations and
costs for the past year (2011).
(b) Your estimated cost of compliance
if alternative forms of protections as
contained in the proposed rule are
available.
2. Will the nonperformance
requirements in the proposed rule
7 SBA regulations establish principles relative to
the calculation of a business’ total number of
employees. For example ‘‘the average number of
employees of the concern is used * * * based upon
the numbers of employees for each of the pay
periods for the preceding completed 12 calendar
months.’’ 13 CFR 121.106(b).
8 Comments were received from Congressman
Andy Harris, M.D. (Maryland), The Surety &
Fidelity Association of America, Lindblad
Expeditions, Inc., Royal Caribbean Cruises Ltd.,
National Association of Surety Bond Producers,
Cruise Lines International Association, Inc.,
American Cruise Lines, Inc., Passenger Vessel
Association, Carnival Corporation & plc.
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Fmt 4702
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change your type of coverage? If so,
explain how.
3. How will the proposed changes to
the requirements affect your continuing
operations?
4. Estimated number of your
company’s staff hours required to
comply with proposed changes to the
application form (Form 131).
5. Estimated number of your
company’s staff hours required to
comply with proposed changes to
Unearned Passenger Revenue (UPR)
reports.
6. What was your total revenue in
2011? These figures should reflect
revenues obtained from all sources (not
just from cruises under the
Commission’s program).
7. What were your total expenses in
2011? These figures should reflect
expenditures incurred by all activities
(not just by cruises under the
Commission’s program).
8. What were your earnings after taxes
in 2011? These figures should reflect
earnings after taxes from all operations
(not just operations conducted under
the Commission’s program).
9. Please provide the following
information regarding the number of
employees your company employed in
the most recent 12 calendar months
(include any domestic and/or foreign
affiliates in calculating number of
employees):
(a) Full-time, permanent employees
(head-count).
(b) Part-time, permanent employees
(head-count and full-time equivalents).
(c) Full-time, seasonal or temporary
employees (head-count).
(d) Part-time, seasonal or temporary
employees (head-count and full-time
equivalents).
(e) Staff obtained from temporary
employment agencies (head-count and
full-time equivalents). Do not include
these totals in (a) through (d) above.
(f) Staff obtained from professional
employee organizations (head-count and
full-time equivalents). Do not include
these totals in (a) through (d) above.
10. Which passenger vessel operators
(brand(s)) do you consider your closest
competitor(s) in U.S.-based markets?
11. What was the average revenue
generated by each passenger who
embarked on your U.S.-based cruises in
2011?
12. How many passengers did you
embark in 2011 at:
(a) U.S. ports.
(b) Non-U.S. ports.
13. Please provide any other
comments or information that you
believe would assist the Commission in
analyzing the economic or competitive
impact of the proposed rule in this
proceeding.
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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2012–4749 Filed 2–27–12; 8:45 am]
BILLING CODE 6730–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket Nos. 12–38 and 03–123; DA 12–
208]
Consumer and Governmental Affairs
Bureau Seeks To Refresh the Record
Regarding Misuse of Internet Protocol
Relay Service
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission, via the Consumer and
Governmental Affairs Bureau (Bureau)
seeks comment to refresh the record
regarding misuse of Internet Protocol
relay service. Further comments are
requested to bring the record up to date
on proposed additional rules that would
have the intended effect of reducing or
eliminating misuse of Internet Protocol
Relay.
DATES: Submit comments on or before
March 20, 2012.
ADDRESSES: You may submit comments,
identified by CG Docket Nos. 12–38 and
03–123, by any of the following
methods:
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the Commission’s Electronic
Comment Filing System (ECFS), through
the Commission’s Web site https://
fjallfoss.fcc.gov/ecfs2/. Filers should
follow the instructions provided on the
Web site for submitting comments. For
ECFS filers, in completing the
transmittal screen, filers should include
their full name, U.S. Postal service
mailing address, and CG Docket Nos.
12–38 and 03–123.
• Paper filers: Parties who choose to
file by paper must file an original and
four copies of each filing. Filings can be
sent by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail (although the Commission
continues to experience delays in
receiving U.S. Postal Service mail). All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
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SUMMARY:
VerDate Mar<15>2010
18:48 Feb 27, 2012
Jkt 226001
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
• Commercial Mail sent by overnight
mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be
sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail should be
addressed to 445 12th Street SW.,
Washington, DC 20554.
In addition, parties must serve one
copy of each pleading with the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, or via email to
fcc@bcpiweb.com.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: Eliot
Greenwald, Consumer and
Governmental Affairs Bureau, Disability
Rights Office, at (202) 418–2235 (voice),
(202) 418–2922 (TTY), or email at
Eliot.Greenwald@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Public
Notice, document DA 12–208, released
February 13, 2012. The full text of
document DA 12–208 and copies of any
subsequently filed documents in this
matter will be available for public
inspection and copying during regular
business hours at the FCC Reference
Information Center, Portals II, 445 12th
Street SW., Room CY–A257,
Washington, DC 20554. Document DA
12–208 and copies of subsequently filed
documents in this matter may also be
purchased from the Commission’s
duplicating contractor at Portals II, 445
12th Street SW., Room CY–B402,
Washington, DC 20554. Customers may
contact the Commission’s duplicating
contractor at its Web site
www.bcpiweb.com, or by calling 1–800–
378–3160. To request materials in
accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
email to fcc504@fcc.gov or call the
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY). Document DA 12–208
can also be downloaded in Word or
Portable Document Format (PDF) at:
https://www.fcc.gov/cgb/dro/trs.html.
Pursuant to 47 CFR 1.415 and 1.419,
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11997
interested parties may file comments on
or before the date indicated in the DATES
section of this document. Comments
must include a short and concise
summary of the substantive discussion
and questions raised in the document
DA 12–208. The Commission further
directs all interested parties to include
the name of the filing party and the date
of the filing on each page of their
comments. Comments must otherwise
comply with 47 CFR 1.48 and all other
applicable sections of the Commission’s
rules.
• Pursuant to 47 CFR 1.1200 et. seq.,
this matter shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance
with the Commission’s ex parte rules.
Persons making ex parte presentations
must file a copy of any written
presentation or a memorandum
summarizing any oral presentation
within two business days after the
presentation (unless a different deadline
applicable to the Sunshine period
applies). Persons making oral ex parte
presentations are reminded that
memoranda summarizing the
presentation must: (1) List all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made; and (2)
summarize all data presented and
arguments made during the
presentation. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with § 1.1206(b)
of the Commission’s rules. In
proceedings governed by § 1.49(f) or for
which the Commission has made
available a method of electronic filing,
written ex parte presentations and
memoranda summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
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Agencies
[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Proposed Rules]
[Pages 11995-11997]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4749]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Parts 501 and 540
[Docket No. 11-16]
RIN 3072-AC45
Passenger Vessel Operator Financial Responsibility Requirements
for Non-Performance of Transportation
AGENCY: Federal Maritime Commission.
ACTION: Proposed rule: Request for additional comments and information.
-----------------------------------------------------------------------
SUMMARY: The Federal Maritime Commission requests additional comments
and information in order to assist the Commission's determination
whether passenger vessel operators may be deemed ``small entities''
under the Regulatory Flexibility Act (as amended by the Small Business
Regulatory Enforcement Fairness Act).
DATES: Submit comments on or before March 30, 2012.
ADDRESSES: Address all comments concerning this proposed rule to: Karen
V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol
Street NW., Washington, DC 20573-0001, Phone: (202) 523-5725, Email:
secretary@fmc.gov.
FOR FURTHER INFORMATION CONTACT: Vern W. Hill, Director, Bureau of
Certification and Licensing, 800 North Capitol Street NW., Washington,
DC 20573-0001, Phone: (202) 523-5787, Email: bcl@fmc.gov.
SUPPLEMENTARY INFORMATION:
Submit Comments
Non-confidential Comments and Information. For non-confidential
comments submit an original and five (5) paper copies, and if possible,
send a PDF of the document by email to secretary@fmc.gov. Include in
the subject line: Docket No. 11-16 and [Company/Individual Name].
Confidential Comments and Information. Confidential filings must be
submitted in the traditional manner on paper, rather than by email.
Comments and information that are submitted for confidential treatment
must be submitted in hard copy by U.S. mail or courier. Confidential
filings must be accompanied by a transmittal letter that identifies the
filing as ``confidential'' and describes the nature and extent of the
confidential treatment requested. Responses to this Request that
contain confidential information must consist of (1) the complete
filing and (2) be marked by the filer as ``Confidential-Restricted,''
with the confidential material clearly marked on each page. When a
confidential filing is submitted, an original and one additional copy
of the public version of the filing must be submitted. The public
version of the filing should exclude confidential materials, and be
clearly marked on each affected page, ``confidential materials
excluded.'' The Commission will provide confidential treatment to the
extent allowed by law for those submissions, or parts of submissions,
for which the parties request confidentiality.
Questions regarding filing or treatment of confidential responses
to this NPRM should be directed to the Commission's Secretary, Karen V.
Gregory, at the telephone number or email provided above.
Discussion
On September 13, 2011, the Commission issued its Notice of Proposed
Rulemaking (NPRM) to update its financial responsibility requirements
for nonperformance of passenger vessel service by passenger vessel
operators that are subject to section 3 of Public Law 89-777, 46 U.S.C.
44101-44106. The NPRM was published in the Federal Register on
September 20, 2011. 76 FR 58227-58236.
In the NPRM, the Commission relied upon the rebuttable presumption
established in 2003\1\ that PVOs are generally large companies with
more than 500 employees and noted that there are no PVO small entities
that would be affected by the proposed rule. NPRM, p. 12. In addition,
the Commission also provided the factual basis under the Regulatory
Flexibility Act (RFA),\2\ as amended by the Small
[[Page 11996]]
Business Regulatory Enforcement Fairness Act (SBREFA),\3\ for the
Chairman's certification that the rule will not have a significant
economic impact on a substantial number of small entities. It was noted
that the proposed rule could result in significant reductions in the
cost of financial responsibility coverage because of the use of
alternative coverage options. However, the public was requested to
comment on the certification and its underlying assumptions.\4\
---------------------------------------------------------------------------
\1\ See, FMC Policy and Procedures Regarding Proper
Consideration of Small Entities in Rulemakings (February 7, 2003).
(Commission SBREFA Policy). See, https://www.fmc.gov/assets/1/Page/SBREFA_Guidelines_2003.pdf.
\2\ Regulatory Flexibility Act, Pub. L. 96-354, 94 Stat. 1164
(codified at 5 U.S.C. 601 et seq.).
\3\ Small Business Regulatory Enforcement Fairness Act of 1996,
Pub. L. 104-121, 110 Stat. 857.
\4\ The Commission SBREFA Policy also encourages small PVOs to
``submit a request for such treatment * * *, along with payroll * *
* evidence * * *, to substantiate its claim and rebut the
presumption.'' SBREFA Policy, p. 4.
---------------------------------------------------------------------------
American Cruise Lines, Inc. (ACL) requests in its comments that the
Commission treat it as a small entity under the RFA and SBREFA. ACL
informed the Commission that it has less than 500 employees, which is
the maximum number a PVO can employ and be considered a small entity
under SBA's current size standards.\5\ ACL Comments, pp. 2-3. The
Passenger Vessel Association (PVA) similarly asserts that four of its
members would qualify as small entities under RFA and SBREFA and that a
``good faith analysis'' under those statutes should be made. PVA
Comments, p. 3. In view of these comments, the Commission seeks
additional information relevant to the Commission's analysis whether
there will be significant economic impacts on a substantial number of
small entities.
---------------------------------------------------------------------------
\5\ See https://www.sba.gov/sites/default/files/Size_Standards_Table.pdf.
---------------------------------------------------------------------------
In its SBREFA Policy, the Commission adopted the small business
size standards established by the Small Business Administration that
are matched to industry classifications in the North American Industry
Classification System (NAICS).\6\ The Commission specifically
identified industry code and title: 483112--Deep Sea Passenger
Transportation. However, two additional code classifications in the
NAICS may apply to passenger vessel operators: 483114--Coastal and
Great Lakes Passenger Transportation; and, 483212 Inland Water
Passenger Transportation. For each of these three code classifications,
the same size standard applies. In other words, a PVO may have no more
than 500 employees in order to be considered a small entity.
---------------------------------------------------------------------------
\6\ SBREFA Policy, at p. 3.
---------------------------------------------------------------------------
In order to determine the number and extent to which small entity
PVOs may be affected by the proposed rule, the Commission invites
response from all PVOs as to the number of employees employed by their
companies.\7\ The employee data sought includes full time and temporary
employees, and the number of employees of each PVO's foreign and
domestic affiliates.
---------------------------------------------------------------------------
\7\ SBA regulations establish principles relative to the
calculation of a business' total number of employees. For example
``the average number of employees of the concern is used * * * based
upon the numbers of employees for each of the pay periods for the
preceding completed 12 calendar months.'' 13 CFR 121.106(b).
---------------------------------------------------------------------------
In addition, the Commission's threshold analysis under RFA and
SBREFA also involves estimating:
The economic impacts upon those entities,
Whether those impacts are significant (including whether
such entities would be placed at a competitive disadvantage relative to
larger entities), and
Whether such effects will fall upon a substantial number
of small entities.
In pursuing this analysis, the Commission needs information from
large and small PVOs. The questions set forth below seek information
related to: each PVO's estimated cost of compliance with the proposed
rule; the company's total revenues, expenses and earnings; the average
revenue per passenger; the number of passengers embarked at U.S. and
foreign ports; and identification of direct competitors in the United
States cruise markets in which the PVO is currently operating.
In view of the foregoing, the Commission requests written comments
and responses to the following questions by interested parties,
including those that previously filed comments in response to the
proposed rulemaking.\8\
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\8\ Comments were received from Congressman Andy Harris, M.D.
(Maryland), The Surety & Fidelity Association of America, Lindblad
Expeditions, Inc., Royal Caribbean Cruises Ltd., National
Association of Surety Bond Producers, Cruise Lines International
Association, Inc., American Cruise Lines, Inc., Passenger Vessel
Association, Carnival Corporation & plc.
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Questions
1. Please detail your estimated cost of compliance with the
proposed rule's requirements pertaining to financial responsibility for
nonperformance of passenger vessel transportation (i.e., premiums and
fees by sureties; collateral required by credit card issuers; other
costs):
(a) Based on current operations and costs for the past year (2011).
(b) Your estimated cost of compliance if alternative forms of
protections as contained in the proposed rule are available.
2. Will the nonperformance requirements in the proposed rule change
your type of coverage? If so, explain how.
3. How will the proposed changes to the requirements affect your
continuing operations?
4. Estimated number of your company's staff hours required to
comply with proposed changes to the application form (Form 131).
5. Estimated number of your company's staff hours required to
comply with proposed changes to Unearned Passenger Revenue (UPR)
reports.
6. What was your total revenue in 2011? These figures should
reflect revenues obtained from all sources (not just from cruises under
the Commission's program).
7. What were your total expenses in 2011? These figures should
reflect expenditures incurred by all activities (not just by cruises
under the Commission's program).
8. What were your earnings after taxes in 2011? These figures
should reflect earnings after taxes from all operations (not just
operations conducted under the Commission's program).
9. Please provide the following information regarding the number of
employees your company employed in the most recent 12 calendar months
(include any domestic and/or foreign affiliates in calculating number
of employees):
(a) Full-time, permanent employees (head-count).
(b) Part-time, permanent employees (head-count and full-time
equivalents).
(c) Full-time, seasonal or temporary employees (head-count).
(d) Part-time, seasonal or temporary employees (head-count and
full-time equivalents).
(e) Staff obtained from temporary employment agencies (head-count
and full-time equivalents). Do not include these totals in (a) through
(d) above.
(f) Staff obtained from professional employee organizations (head-
count and full-time equivalents). Do not include these totals in (a)
through (d) above.
10. Which passenger vessel operators (brand(s)) do you consider
your closest competitor(s) in U.S.-based markets?
11. What was the average revenue generated by each passenger who
embarked on your U.S.-based cruises in 2011?
12. How many passengers did you embark in 2011 at:
(a) U.S. ports.
(b) Non-U.S. ports.
13. Please provide any other comments or information that you
believe would assist the Commission in analyzing the economic or
competitive impact of the proposed rule in this proceeding.
[[Page 11997]]
By the Commission.
Karen V. Gregory,
Secretary.
[FR Doc. 2012-4749 Filed 2-27-12; 8:45 am]
BILLING CODE 6730-01-P