Retrospective Review Under E.O. 13563: Regulated Transactions Involving Documented Vessels and Other Maritime Interests, 35769-35771 [2013-13992]

Download as PDF Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. 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 document 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 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 action will be effective August 13, 2013, unless objections to this authorization are received. mstockstill on DSK4VPTVN1PROD with RULES List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). Dated: May 16, 2013. Gwendolyn Keyes Fleming, Regional Administrator, Region 4. [FR Doc. 2013–13850 Filed 6–13–13; 8:45 am] BILLING CODE 6560–50–P VerDate Mar<15>2010 15:51 Jun 13, 2013 Jkt 229001 DEPARTMENT OF TRANSPORTATION Maritime Administration 46 CFR Part 221 [Docket No. MARAD–2013–0021] RIN 2133–AB81 Retrospective Review Under E.O. 13563: Regulated Transactions Involving Documented Vessels and Other Maritime Interests Maritime Administration, Department of Transportation. ACTION: Final rule. AGENCY: SUMMARY: In accordance with Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ the Maritime Administration (MarAd) is evaluating the continued accuracy of its rules and determining whether they effectively address current issues and provide the regulated public with necessary guidance. As part of this review, MarAd has decided to issue this final rule to correct numerous citations in accordance with the codification of Title 46 of the United States Code, update relevant agency contacts, update citations, and revise portions of the text. This rulemaking will have no substantive effect on the regulated public. DATES: This rule is effective July 15, 2013. You may contact T. Mitchell Hudson, Jr., Attorney-Advisor, Office of Chief Counsel, at (202) 366–9373. You may send mail to Mr. Hudson at Office of Chief Counsel, MAR–222, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. You may send electronic mail to Mitch.Hudson@dot.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On January 18, 2011, President Obama issued Executive Order 13563, which outlined a plan to improve regulation and regulatory review (76 FR 3821, 1/21/11). Executive Order 13563 reaffirms and builds upon governing principles of contemporary regulatory review, including Executive Order 12866, ‘‘Regulatory Planning and Review,’’ (58 FR 51735, 10/4/1993), by requiring Federal agencies to design cost-effective, evidence-based regulations that are compatible with economic growth, job creation, and competitiveness. The President’s plan recognizes that these principles should not only guide the Federal government’s PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 35769 approach to new regulations, but to existing ones as well. To that end, Executive Order 13563 requires agencies to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome. Accordingly, the Maritime Administration identified its regulations governing transactions involving documented vessels and other maritime interests for improvement consistent with the President’s Order. The regulations were deemed to provide outof-date information and citations. By updating agency regulations, this rulemaking will make the regulatory program more effective and less burdensome on the public. As authorized by Subtitle III of 46 U.S.C. Chapters 301 and 313, and Subtitle V of 46 U.S.C. Chapter 561, and delegated under 49 CFR 1.93, MarAd may approve transactions involving the transfer of interest in or control of Documented Vessels owned by Citizens of the United States to Noncitizens or approve a Documented Vessel to registry or operation under the authority of a foreign country or for scrapping in a foreign country. In addition, under Part 221, MarAd may assess civil penalties arising under commercial instruments and maritime liens in time of war or national emergency. Part 221 is now being updated to include technical changes such as MarAd’s address at 1200 New Jersey Avenue and to include corrections to statutory references, some of which were made obsolete as the result of the codification of the Appendix to Title 46 of the United States Code. Rulemaking Analysis and Notices Executive Orders 12866 (Regulatory Planning and Review), 13563 (Improving Regulation and Regulatory Review) and DOT Regulatory Policies and Procedures Under E.O. 12866 (58 FR 51735, October 4, 1993), supplemented by E.O. 13563 (76 FR 3821, January 18, 2011) and DOT policies and procedures, MarAd must determine whether a regulatory action is ‘‘significant,’’ and therefore subject to Office of Management and Budget (‘‘OMB’’) review and the requirements of the E.O. The Order defines ‘‘significant regulatory action’’ as one likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal government or communities; (2) Create E:\FR\FM\14JNR1.SGM 14JNR1 35770 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations a serious inconsistency or otherwise interfere with an action taken or planned by another Agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; and (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the E.O. MarAd has determined that this final rule is not considered a significant regulatory action under section 3(f) of Executive Order 12866 and, therefore, it was not reviewed by the Office of Management and Budget. This final rule will not result in any of the effects contemplated under E.O. 12866 or E.O. 13563. It also is not considered a major rule for purposes of Congressional review under Pub. L. 104–121. The rule is also not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034, February 26, 1979). The costs and overall economic impact of this rulemaking do not require further analysis. Executive Order 13132 (Federalism) We analyzed this rulemaking in accordance with the principles and criteria contained in Executive Order 13132 (‘‘Federalism’’) and have determined that it does not have sufficient Federalism implications to warrant the preparation of a Federalism summary impact statement. This rule has no substantial effect on the States, or on the current Federal-State relationship, or on the current distribution of power and responsibilities among the various local officials. Nothing in this document preempts any State law or regulation. Therefore, MarAd did not consult with State and local officials because it was not necessary. mstockstill on DSK4VPTVN1PROD with RULES Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments) MarAd does not believe that this final rule will significantly or uniquely affect the communities of Indian tribal governments when analyzed under the principles and criteria contained in Executive Order 13175 (Consultation and Coordination with Indian Tribal Governments). Therefore, the funding and consultation requirements of this Executive Order do not apply. Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on VerDate Mar<15>2010 15:51 Jun 13, 2013 Jkt 229001 Federal programs and activities do not apply to this rule. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 requires MarAd to assess whether this rule would have a significant economic impact on a substantial number of small entities and to minimize any adverse impact. MarAd certifies that this rule will not have a significant economic impact on a substantial number of small entities. Environmental Assessment We have analyzed this final rule for purposes of compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and have concluded that under the categorical exclusions provision in section 4.05 of Maritime Administrative Order (MAO) 600–1, ‘‘Procedures for Considering Environmental Impacts,’’ 50 FR 11606 (March 22, 1985), neither the preparation of an Environmental Assessment, an Environmental Impact Statement, nor a Finding of No Significant Impact for this rulemaking is required. This rulemaking has no environmental impact. Executive Order 13211 (Energy Supply, Distribution, or Use) MarAd has determined that the final rule will not significantly affect energy supply, distribution, or use. Therefore, no Statement of Energy Effects is required. Executive Order 13045 (Protection of Children) Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks, requires agencies issuing ‘‘economically significant’’ rules that involve an environmental health or safety risk that may disproportionately affect children, to include an evaluation of the regulation’s environmental health and safety effects on children. As discussed previously, this final rule is not economically significant, and it will cause no environmental or health risk that disproportionately affects children. Executive Order 12988 (Civil Justice Reform) This action meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 12630 (Taking of Private Property) This rule will not effect a taking of private property or otherwise have PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. National Technology Transfer and Advancement Act The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) requires Federal agencies adopting Government technical standards to consider whether voluntary consensus standards are available. If the Agency chooses to adopt its own standards in place of existing voluntary consensus standards, it must explain its decision in a separate statement to OMB. MarAd determined that there are no voluntary national consensus standards related to vessel registry transfer requests or other maritime interests under this regulation. International Trade Impact Assessment This rule is not expected to contain standards-related activities that create unnecessary obstacles to the foreign commerce of the United States. Privacy Impact Assessment Section 522(a)(5) of the Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108– 447, div. H, 118 Stat. 2809 at 3268) requires the Department of Transportation and certain other Federal agencies to conduct a privacy impact assessment of each final rule that will affect the privacy of individuals. Claims submitted under this rule will be treated the same as all legal claims received by MarAd. The processing and treatment of any claim within the scope of this rulemaking by MarAd shall comply with all legal, regulatory, and policy requirements regarding privacy. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from OMB for each collection of information they conduct, sponsor, or require through regulations. This final rule provides regulatory clarification to those seeking to transfer their vessels to noncitizens, or to registry or operation under the authority of a foreign country as well as addressing other maritime interests. This rulemaking contains no new or amended information collection or recordkeeping requirements that have been approved or require approval by the Office of Management and Budget. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 requires Agencies to evaluate whether an Agency action would result E:\FR\FM\14JNR1.SGM 14JNR1 Federal Register / Vol. 78, No. 115 / Friday, June 14, 2013 / Rules and Regulations in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $141.3 million or more (as adjusted for inflation) in any one year, and if so, to take steps to minimize these unfunded mandates. This final rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $141.3 million or more to either State, local, or tribal governments, in the aggregate, or to the private sector, and is the least burdensome alternative that achieves the objectives of the rule. Regulation Identifier Number (RIN) A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN number contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. List of Subjects in 46 CFR Part 221 Administrative practice and procedure, Maritime carriers, Mortgages, Penalties, Reporting and recordkeeping requirements, Trusts and trustees. Accordingly, MarAd amends 46 CFR part 221 as follows: PART 221—REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND OTHER MARITIME INTERESTS Authority: 46 U.S.C. chs. 301, 313, and 561; 49 CFR 1.93. 2. In § 221.1: a. In paragraph (a)(1), remove ‘‘46 App. U.S.C. 808’’ and add, in its place, ‘‘46 U.S.C. 56101 and 56103’’. ■ b. In paragraph (a)(2), remove ‘‘46 App. U.S.C. 835’’ and add, in its place, ‘‘46 U.S.C. 56102’’. ■ 3. In § 221.3: ■ a. In paragraph (a), remove ‘‘46 App. U.S.C. 883–1(a)–(e)’’ and add, in its place, ‘‘46 U.S.C. 12118’’. ■ b. In paragraph (c) introductory text, remove ‘‘46 App. U.S.C. 803’’ and add, in its place, ‘‘46 U.S.C. 50502’’. ■ c. In paragraph (d)(5), remove ‘‘46 App. U.S.C. 802’’ and add, in its place, ‘‘46 U.S.C. 50501’’. ■ d. Revise paragraph (u). The revision reads as follows: mstockstill on DSK4VPTVN1PROD with RULES ■ ■ § 221.3 * * Definitions. * VerDate Mar<15>2010 * * 15:51 Jun 13, 2013 Jkt 229001 [Amended] By Order of the Maritime Administrator. Julie Agarwal, Secretary, Maritime Administration. BILLING CODE 4910–81–P 4. In § 221.5(a), remove ‘‘sections 9 or 37 of the Shipping Act of 1916 (46 App. U.S.C. 808 and 837)’’ and add, in its place, ‘‘46 U.S.C. 56101 and 56103’’. ■ § 221.11 [Amended] DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 5. In § 221.11(a) introductory text, remove ‘‘12106(e)’’ and add, in its place, ‘‘12119’’. 50 CFR Part 679 § 221.13 RIN 0648–XC724 ■ [Amended] 6. In § 221.13(a), remove ‘‘46 App. U.S.C. 808(c)(1)’’ and add, in its place, ‘‘46 U.S.C. 56101’’. ■ 7. In § 221.15: ■ a. In paragraph (a)(3), remove ‘‘section 37 of the Shipping Act, 1916, as amended (46 App. U.S.C. 835)’’ and add, in its place, ‘‘46 U.S.C. 56102’’. ■ b. In paragraph (c)(2), remove ‘‘section 902 of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1242)’’ and add, in its place, ‘‘46 U.S.C. chapters 563 and 565’’. ■ c. In paragraph (c)(4), revise the second sentence. ■ d. In paragraph (f)(2), remove ‘‘App. U.S.C. 808, 835 and 839,’’ and add, in its place ‘‘U.S.C. chapter 561’’. The revision reads as follows: ■ * [Amended] under 46 U.S.C. 31309 and 31330, and 46 U.S.C. 56101, pursuant to 49 U.S.C. 336. * * * * * [FR Doc. 2013–13992 Filed 6–13–13; 8:45 am] § 221.5 § 221.15 Approval for transfer of registry or operation under authority of a foreign country or for scrapping in a foreign country. 1. The authority citation for part 221 is revised to read as follows: ■ § 221.1 (u) Vessel Transfer Officer means the Maritime Administration’s Vessel Transfer and Disposal Officer, whose address is MAR–630, Maritime Administration, United States Department of Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590, or that person’s delegate. 35771 * * * * (c) * * * (4) * * * Pursuant to 46 U.S.C. 56105, the Maritime Administrator may remit forfeiture of the vessel upon such conditions as may be required under the circumstances of the particular case, including the payment of a sum in lieu of forfeiture, and execution of a new agreement containing substantially the same conditions set forth above and such others as the Maritime Administrator may deem appropriate and which will be applicable to the vessel for the remaining period of the original agreement. * * * * * * * * ■ 8. In § 221.61, revise the introductory text to read as follows: § 221.61 Purpose. This subpart describes procedures for the administration of civil penalties that the Maritime Administration may assess PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 [Docket No. 121018563–3148–02] Fisheries of the Exclusive Economic Zone Off Alaska; Atka Mackerel in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for Atka mackerel in the Central Aleutian district (CAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2013 total allowable catch (TAC) of Atka mackerel in this area allocated to vessels participating in the BSAI trawl limited access fishery. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), June 11, 2013, through 2400 hrs, A.l.t., December 31, 2013. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7269. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR parts 600 and 679. The 2013 TAC of Atka mackerel, in the CAI, allocated to vessels participating in the BSAI trawl limited access fishery was established as a directed fishing allowance of 664 metric tons by the final 2013 and 2014 harvest E:\FR\FM\14JNR1.SGM 14JNR1

Agencies

[Federal Register Volume 78, Number 115 (Friday, June 14, 2013)]
[Rules and Regulations]
[Pages 35769-35771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13992]


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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 221

[Docket No. MARAD-2013-0021]
RIN 2133-AB81


Retrospective Review Under E.O. 13563: Regulated Transactions 
Involving Documented Vessels and Other Maritime Interests

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule.

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

SUMMARY: In accordance with Executive Order 13563, ``Improving 
Regulation and Regulatory Review,'' the Maritime Administration (MarAd) 
is evaluating the continued accuracy of its rules and determining 
whether they effectively address current issues and provide the 
regulated public with necessary guidance. As part of this review, MarAd 
has decided to issue this final rule to correct numerous citations in 
accordance with the codification of Title 46 of the United States Code, 
update relevant agency contacts, update citations, and revise portions 
of the text. This rulemaking will have no substantive effect on the 
regulated public.

DATES: This rule is effective July 15, 2013.

FOR FURTHER INFORMATION CONTACT: You may contact T. Mitchell Hudson, 
Jr., Attorney-Advisor, Office of Chief Counsel, at (202) 366-9373. You 
may send mail to Mr. Hudson at Office of Chief Counsel, MAR-222, 
Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 
20590-0001. You may send electronic mail to Mitch.Hudson@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    On January 18, 2011, President Obama issued Executive Order 13563, 
which outlined a plan to improve regulation and regulatory review (76 
FR 3821, 1/21/11). Executive Order 13563 reaffirms and builds upon 
governing principles of contemporary regulatory review, including 
Executive Order 12866, ``Regulatory Planning and Review,'' (58 FR 
51735, 10/4/1993), by requiring Federal agencies to design cost-
effective, evidence-based regulations that are compatible with economic 
growth, job creation, and competitiveness. The President's plan 
recognizes that these principles should not only guide the Federal 
government's approach to new regulations, but to existing ones as well. 
To that end, Executive Order 13563 requires agencies to promote 
retrospective analysis of rules that may be outmoded, ineffective, 
insufficient, or excessively burdensome.
    Accordingly, the Maritime Administration identified its regulations 
governing transactions involving documented vessels and other maritime 
interests for improvement consistent with the President's Order. The 
regulations were deemed to provide out-of-date information and 
citations. By updating agency regulations, this rulemaking will make 
the regulatory program more effective and less burdensome on the 
public.
    As authorized by Subtitle III of 46 U.S.C. Chapters 301 and 313, 
and Subtitle V of 46 U.S.C. Chapter 561, and delegated under 49 CFR 
1.93, MarAd may approve transactions involving the transfer of interest 
in or control of Documented Vessels owned by Citizens of the United 
States to Noncitizens or approve a Documented Vessel to registry or 
operation under the authority of a foreign country or for scrapping in 
a foreign country. In addition, under Part 221, MarAd may assess civil 
penalties arising under commercial instruments and maritime liens in 
time of war or national emergency. Part 221 is now being updated to 
include technical changes such as MarAd's address at 1200 New Jersey 
Avenue and to include corrections to statutory references, some of 
which were made obsolete as the result of the codification of the 
Appendix to Title 46 of the United States Code.

Rulemaking Analysis and Notices

Executive Orders 12866 (Regulatory Planning and Review), 13563 
(Improving Regulation and Regulatory Review) and DOT Regulatory 
Policies and Procedures

    Under E.O. 12866 (58 FR 51735, October 4, 1993), supplemented by 
E.O. 13563 (76 FR 3821, January 18, 2011) and DOT policies and 
procedures, MarAd must determine whether a regulatory action is 
``significant,'' and therefore subject to Office of Management and 
Budget (``OMB'') review and the requirements of the E.O. The Order 
defines ``significant regulatory action'' as one likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal government or communities; 
(2) Create

[[Page 35770]]

a serious inconsistency or otherwise interfere with an action taken or 
planned by another Agency; (3) Materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; and (4) Raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in the E.O.
    MarAd has determined that this final rule is not considered a 
significant regulatory action under section 3(f) of Executive Order 
12866 and, therefore, it was not reviewed by the Office of Management 
and Budget. This final rule will not result in any of the effects 
contemplated under E.O. 12866 or E.O. 13563. It also is not considered 
a major rule for purposes of Congressional review under Pub. L. 104-
121. The rule is also not significant under the Regulatory Policies and 
Procedures of the Department of Transportation (44 FR 11034, February 
26, 1979). The costs and overall economic impact of this rulemaking do 
not require further analysis.

Executive Order 13132 (Federalism)

    We analyzed this rulemaking in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism'') and have 
determined that it does not have sufficient Federalism implications to 
warrant the preparation of a Federalism summary impact statement. This 
rule has no substantial effect on the States, or on the current 
Federal-State relationship, or on the current distribution of power and 
responsibilities among the various local officials. Nothing in this 
document preempts any State law or regulation. Therefore, MarAd did not 
consult with State and local officials because it was not necessary.

Executive Order 13175 (Consultation and Coordination With Indian Tribal 
Governments)

    MarAd does not believe that this final rule will significantly or 
uniquely affect the communities of Indian tribal governments when 
analyzed under the principles and criteria contained in Executive Order 
13175 (Consultation and Coordination with Indian Tribal Governments). 
Therefore, the funding and consultation requirements of this Executive 
Order do not apply.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this rule.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires MarAd to assess 
whether this rule would have a significant economic impact on a 
substantial number of small entities and to minimize any adverse 
impact. MarAd certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

Environmental Assessment

    We have analyzed this final rule for purposes of compliance with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and have concluded that under the categorical exclusions provision in 
section 4.05 of Maritime Administrative Order (MAO) 600-1, ``Procedures 
for Considering Environmental Impacts,'' 50 FR 11606 (March 22, 1985), 
neither the preparation of an Environmental Assessment, an 
Environmental Impact Statement, nor a Finding of No Significant Impact 
for this rulemaking is required. This rulemaking has no environmental 
impact.

Executive Order 13211 (Energy Supply, Distribution, or Use)

    MarAd has determined that the final rule will not significantly 
affect energy supply, distribution, or use. Therefore, no Statement of 
Energy Effects is required.

Executive Order 13045 (Protection of Children)

    Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks, requires agencies issuing ``economically 
significant'' rules that involve an environmental health or safety risk 
that may disproportionately affect children, to include an evaluation 
of the regulation's environmental health and safety effects on 
children. As discussed previously, this final rule is not economically 
significant, and it will cause no environmental or health risk that 
disproportionately affects children.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Executive Order 12630 (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.

National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
note) requires Federal agencies adopting Government technical standards 
to consider whether voluntary consensus standards are available. If the 
Agency chooses to adopt its own standards in place of existing 
voluntary consensus standards, it must explain its decision in a 
separate statement to OMB. MarAd determined that there are no voluntary 
national consensus standards related to vessel registry transfer 
requests or other maritime interests under this regulation.

International Trade Impact Assessment

    This rule is not expected to contain standards-related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States.

Privacy Impact Assessment

    Section 522(a)(5) of the Transportation, Treasury, Independent 
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, div. H, 118 Stat. 2809 at 3268) requires the Department of 
Transportation and certain other Federal agencies to conduct a privacy 
impact assessment of each final rule that will affect the privacy of 
individuals. Claims submitted under this rule will be treated the same 
as all legal claims received by MarAd. The processing and treatment of 
any claim within the scope of this rulemaking by MarAd shall comply 
with all legal, regulatory, and policy requirements regarding privacy.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from OMB for each 
collection of information they conduct, sponsor, or require through 
regulations. This final rule provides regulatory clarification to those 
seeking to transfer their vessels to noncitizens, or to registry or 
operation under the authority of a foreign country as well as 
addressing other maritime interests. This rulemaking contains no new or 
amended information collection or recordkeeping requirements that have 
been approved or require approval by the Office of Management and 
Budget.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 requires Agencies to 
evaluate whether an Agency action would result

[[Page 35771]]

in the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $141.3 million or more (as 
adjusted for inflation) in any one year, and if so, to take steps to 
minimize these unfunded mandates. This final rule does not impose 
unfunded mandates under the Unfunded Mandates Reform Act of 1995. It 
does not result in costs of $141.3 million or more to either State, 
local, or tribal governments, in the aggregate, or to the private 
sector, and is the least burdensome alternative that achieves the 
objectives of the rule.

 Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects in 46 CFR Part 221

    Administrative practice and procedure, Maritime carriers, 
Mortgages, Penalties, Reporting and recordkeeping requirements, Trusts 
and trustees.

    Accordingly, MarAd amends 46 CFR part 221 as follows:

PART 221--REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND 
OTHER MARITIME INTERESTS

0
1. The authority citation for part 221 is revised to read as follows:

    Authority:  46 U.S.C. chs. 301, 313, and 561; 49 CFR 1.93.


Sec.  221.1  [Amended]

0
2. In Sec.  221.1:
0
a. In paragraph (a)(1), remove ``46 App. U.S.C. 808'' and add, in its 
place, ``46 U.S.C. 56101 and 56103''.
0
b. In paragraph (a)(2), remove ``46 App. U.S.C. 835'' and add, in its 
place, ``46 U.S.C. 56102''.

0
3. In Sec.  221.3:
0
a. In paragraph (a), remove ``46 App. U.S.C. 883-1(a)-(e)'' and add, in 
its place, ``46 U.S.C. 12118''.
0
b. In paragraph (c) introductory text, remove ``46 App. U.S.C. 803'' 
and add, in its place, ``46 U.S.C. 50502''.
0
c. In paragraph (d)(5), remove ``46 App. U.S.C. 802'' and add, in its 
place, ``46 U.S.C. 50501''.
0
d. Revise paragraph (u).
    The revision reads as follows:


Sec.  221.3  Definitions.

* * * * *
    (u) Vessel Transfer Officer means the Maritime Administration's 
Vessel Transfer and Disposal Officer, whose address is MAR-630, 
Maritime Administration, United States Department of Transportation, 
1200 New Jersey Ave. SE., Washington, DC 20590, or that person's 
delegate.


Sec.  221.5  [Amended]

0
4. In Sec.  221.5(a), remove ``sections 9 or 37 of the Shipping Act of 
1916 (46 App. U.S.C. 808 and 837)'' and add, in its place, ``46 U.S.C. 
56101 and 56103''.


Sec.  221.11  [Amended]

0
5. In Sec.  221.11(a) introductory text, remove ``12106(e)'' and add, 
in its place, ``12119''.


Sec.  221.13  [Amended]

0
6. In Sec.  221.13(a), remove ``46 App. U.S.C. 808(c)(1)'' and add, in 
its place, ``46 U.S.C. 56101''.
0
7. In Sec.  221.15:
0
a. In paragraph (a)(3), remove ``section 37 of the Shipping Act, 1916, 
as amended (46 App. U.S.C. 835)'' and add, in its place, ``46 U.S.C. 
56102''.
0
b. In paragraph (c)(2), remove ``section 902 of the Merchant Marine 
Act, 1936, as amended (46 App. U.S.C. 1242)'' and add, in its place, 
``46 U.S.C. chapters 563 and 565''.
0
c. In paragraph (c)(4), revise the second sentence.
0
d. In paragraph (f)(2), remove ``App. U.S.C. 808, 835 and 839,'' and 
add, in its place ``U.S.C. chapter 561''.
    The revision reads as follows:


Sec.  221.15  Approval for transfer of registry or operation under 
authority of a foreign country or for scrapping in a foreign country.

* * * * *
    (c) * * *
    (4) * * * Pursuant to 46 U.S.C. 56105, the Maritime Administrator 
may remit forfeiture of the vessel upon such conditions as may be 
required under the circumstances of the particular case, including the 
payment of a sum in lieu of forfeiture, and execution of a new 
agreement containing substantially the same conditions set forth above 
and such others as the Maritime Administrator may deem appropriate and 
which will be applicable to the vessel for the remaining period of the 
original agreement. * * *
* * * * *

0
8. In Sec.  221.61, revise the introductory text to read as follows:


Sec.  221.61  Purpose.

    This subpart describes procedures for the administration of civil 
penalties that the Maritime Administration may assess under 46 U.S.C. 
31309 and 31330, and 46 U.S.C. 56101, pursuant to 49 U.S.C. 336.
* * * * *

    By Order of the Maritime Administrator.
Julie Agarwal,
Secretary, Maritime Administration.
[FR Doc. 2013-13992 Filed 6-13-13; 8:45 am]
BILLING CODE 4910-81-P

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