Requirements for Vessels With Registry Endorsements or Foreign-Flagged Vessels That Perform Certain Aquaculture Support Operations, 45491-45498 [2015-18620]
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Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules
monitored violation of the PM10 NAAQS
occurs. Finally, we are proposing to
approve the 2012 emissions inventory
as meeting applicable requirements for
emissions inventories in Section 172 of
the CAA.
Last, we propose that the
Maintenance Plan’s motor vehicle
emissions budgets meet applicable CAA
requirements for maintenance plans and
transportation conformity requirements
under 40 CFR 93.118(e). With this
action, we are starting the public
comment period on the adequacy of
these proposed motor vehicle emissions
budgets.
We are soliciting comments on this
proposed action. We will accept
comments from the public on this
proposal for 30 days following
publication of this proposal in the
Federal Register. We will consider these
comments before taking final action.
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VII. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this proposed action
merely proposes to approve State law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by State law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and,
• does not provide EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed action does
not apply on any Indian reservation
land or in any other area where EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 10, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2015–18531 Filed 7–29–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Part 106
[Docket No. USCG–2015–0086]
RIN 1625–AC23
Requirements for Vessels With
Registry Endorsements or ForeignFlagged Vessels That Perform Certain
Aquaculture Support Operations
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
amend its regulations to implement
SUMMARY:
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45491
Section 901(c) of the Coast Guard
Authorization Act of 2010 that grants
the Secretary of the U.S. Department of
Transportation (DOT) the authority to
issue a waiver allowing a documented
vessel with only a registry endorsement
or a foreign-flagged vessel to be used in
certain aquaculture operations.
Specifically, those operations include
the treatment and/or protection of
aquaculture fish from disease, parasitic
infestation, or other threats to their
health. The proposed part would
establish the requirement for an owner
or operator of a vessel who is issued a
waiver by the Secretary of DOT to notify
the Coast Guard that the vessel owner or
operator has been issued a waiver that
allows the vessel to conduct certain
aquaculture support operations. The
proposed part would also establish
operational and geographic
requirements for vessels that are issued
such a waiver.
DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before October 28, 2015 or reach
the Docket Management Facility by that
date. Comments sent to the Office of
Management and Budget (OMB) on the
collection of information must reach
OMB on or before October 28, 2015.
ADDRESSES: You may submit comments
identified by docket number USCG–
2015–0086 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://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 four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
Collection of Information Comments:
If you have comments on the collection
of information discussed in section
VI.D. of this notice of proposed
rulemaking, you must also send
comments to the Office of Information
and Regulatory Affairs (OIRA), Office of
Management and Budget. To ensure that
your comments to OIRA are received on
time, the preferred methods are by email
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to oira_submission@omb.eop.gov
(include the docket number and
‘‘Attention: Desk Officer for Coast
Guard, DHS’’ in the subject line of the
email) or fax at 202–395–6566. An
alternate, though slower, method is by
the U.S. Postal Service to the Office of
Information and Regulatory Affairs,
Office of Management and Budget, 725
17th Street NW., Washington, DC 20503,
ATTN: Desk Officer, U.S. Coast Guard.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call or email Mr. David Belliveau,
Fishing Vessels Division (CG–CVC–3),
U.S. Coast Guard; telephone 202–372–
1247, email David.J.Belliveau@uscg.mil.
If you have questions on viewing or
submitting material to the docket, call
Ms. Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
delivery, but please use only one of
these means. We recommend that you
include your name and a mailing
address, an email 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
https://www.regulations.gov, and follow
the instructions on that Web site. 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 comments 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 and may change this proposed
rule based on your comments.
Table of Contents for Preamble
B. Viewing Comments and Documents
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Proposed 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
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and follow
the instructions on that Web site. If you
do not have access to the Internet, you
may 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
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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 https://
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–2015–0086),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
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You can search the electronic form of
comments received into any of our
dockets by searching for the name of the
individual who submitted the comment
(or who signed the comment, if the
comment was 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 plan to hold a public
meeting, but you may submit a request
for one to the docket using one of the
methods specified under ADDRESSES. In
your request, explain why you believe a
public meeting would be beneficial. If
we determine that a public meeting
would aid this rulemaking, we will hold
one at a time and place announced in
a later notice in the Federal Register.
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II. Abbreviations
BLS U.S. Bureau of Labor Statistics
CBP U.S. Customs and Border Protection
CFR Code of Federal Regulations
CGAA Coast Guard Authorization Act of
2010
COD Certificate of Documentation
DHS U.S. Department of Homeland
Security
DOT U.S. Department of Transportation
E.O. Executive Order
FR Federal Register
NAICS North American Industry
Classification System
NPRM Notice of proposed rulemaking
OIRA Office of Information and Regulatory
Affairs
OMB Office of Management and Budget
Pub. L. Public Law
RA Regulatory Analysis
U.S.C. United States Code
III. Basis and Purpose
Under Title 46 U.S.C. 12102(d)(1), the
Secretary of the U.S. Department of
Transportation (DOT) may issue a
waiver to allow a documented vessel
with only a registry endorsement or a
foreign-flagged vessel to be used in
operations that treat aquaculture fish for
or protect aquaculture fish from disease,
parasitic infestation, or other threats to
their health if the Secretary finds, after
publishing a notice in the Federal
Register (FR), that a suitable vessel of
the United States is not available to
perform those services.1
In this notice of proposed rulemaking
(NPRM), the Coast Guard proposes to
amend 46 CFR subchapter I—Cargo and
Miscellaneous Vessels, by adding a new
part 106 that would establish the
requirement for an owner or operator of
a vessel who is issued a waiver by the
Secretary of DOT, for the purpose of
conducting certain aquaculture support
operations, to notify the Coast Guard
that such a waiver has been issued. The
proposed part would also establish
operational and geographic
requirements for a vessel that is issued
such a waiver.
IV. Background
Section 901 of the Coast Guard
Authorization Act of 2010 (CGAA) (Pub.
L. 111–281) amended 46 U.S.C. 12102
by adding subsection (d). Pursuant to 46
U.S.C. 12102(d)(1), the Secretary of DOT
may issue a waiver allowing a
documented vessel with only a registry
1 These services are generally performed by
‘‘wellboats’’ (commonly understood as fishing and
housing facility vessels) that pump fish out of their
pens and into the vessel’s fish hold. The fish hold
is full of sea water and while the fish are inside the
fish hold, a metered dose of de-lousing chemical is
added to the fish holds. The water is then circulated
vigorously to ensure complete mixing of the delousing agent. Upon completion of the treatment
cycle, the fish are returned to their pens.
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endorsement or a foreign-flagged vessel
to be used in operations that treat or
protect aquaculture fish from disease,
parasitic infestation, or other threats to
their health if the Secretary finds, after
publishing a notice in the Federal
Register, that a suitable vessel of the
United States is not available that could
perform those services.
This NPRM proposes regulations
necessary to implement the Coast
Guard’s rulemaking responsibility as
prescribed by 901(c)(2) of the CGAA. In
that subsection, Congress directed the
Secretary of the U.S. Department of
Homeland Security (DHS), the
department under which the Coast
Guard operates, to promulgate
regulations that are necessary and
appropriate for permitting nonqualified
vessels to perform certain aquaculture
support operations. It also authorizes
the Secretary of DHS to ‘‘grant interim
permits pending the issuance of such
regulations upon receipt of applications
containing the required information.’’
Through this rule, we propose to
establish the requirement that an owner
or operator of a vessel who is issued a
waiver by the Secretary of DOT for the
purpose of conducting certain
aquaculture support operations notify
the Coast Guard that such a waiver has
been issued. This proposed rule would
also establish operational and
geographic requirements for vessels that
are issued such waivers.
V. Discussion of Proposed Rule
Through this rulemaking, the Coast
Guard proposes to add 46 CFR part 106,
‘‘Requirements for Nonqualified Vessels
that Perform Certain Aquaculture
Support Operations.’’ This proposed
part would establish the requirement for
owners or operators of vessels who are
issued a waiver by the Secretary of DOT
to conduct certain aquaculture support
operations to notify the Coast Guard that
such a waiver has been issued. In
developing this proposed notification
requirement, we considered the
possibility of DOT notifying the Coast
Guard that a waiver has been issued
rather than imposing this notification
burden on the owner/operator.
However, we decided that an owner/
operator may be better served if the
owner/operator retains the
responsibility of notifying the Coast
Guard rather than rely on the issuing
agency because doing so gives the
owner/operator full and complete
control regarding the timing of the
notification. For more information on
this proposed notification requirement,
including the mailing and email
addresses that notifications are to be
sent, refer to § 106.115. We are
interested in hearing public comment
on this proposed notification
requirement (and the possibility of
having DOT provide waiver
notifications instead of an owner/
operator) as we do with all of the
requirements proposed in this rule. The
proposed part would also establish
operational and geographic
requirements for vessels that are issued
such a waiver. Based on submissions of
applications for interim permits, we
propose to require an owner or operator
of a vessel who is issued a waiver by the
Secretary of DOT, to submit to the Coast
Guard:
(1) The vessel(s) name(s);
(2) The vessel’s official and/or
International Maritime Organization
number;
(3) The geographic location within the
waters of the United States where the
vessel(s) will conduct aquaculture
treatment operations;
(4) The period of time during which
the waiver for the vessel(s) is approved
including:
45493
(i) The start date (MM/DD/YYYY);
and
(ii) The expiration date (MM/DD/
YYYY); and
(5) A copy of the DOT-approved
aquaculture waiver.
VI. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders (E.O.s) related to
rulemaking. Below we summarize our
analyses based on these statutes or
E.O.s.
A. Regulatory Planning and Review
Executive Orders 12866, Regulatory
Planning and Review, and 13563,
Improving Regulation and Regulatory
Review, direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility.
This NPRM is not a significant
regulatory action under section 3(f) of
E.O. 12866 as supplemented by E.O.
13563. Accordingly, the Office of
Management and Budget (OMB) has not
reviewed it under that Order. A
combined preliminary Regulatory
Analysis (RA) follows.
This RA provides an evaluation of the
economic impacts associated with this
proposed rule. The table that follows
provides a summary of the proposed
rule’s costs and benefits.
TABLE 1—SUMMARY OF THE PROPOSED RULE’S IMPACTS
Category
Summary
Applicability .....................................
Owners or operators of vessels that are issued a waiver allowing a documented vessel with only a registry
endorsement or a foreign-flagged vessel to be used in operations that treat aquaculture fish.
2 vessels.
10-year: $808.98.
Annualized: $115.18.
Allows the Coast Guard to readily identify vessels with waivers to perform certain aquaculture support operations.
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Affected Population .........................
Costs to Industry and Government
($, 7% discount rate) ......................
Unquantified Benefits ......................
On May 27, 2010, the U.S. Customs
and Border Protection (CBP) ruled that
aquaculture activities constitute
‘‘engag[ing] in the fisheries,’’ and is thus
within the meaning of 46 U.S.C. 108, for
which a vessel must possess a
Certificate of Documentation (COD)
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endorsed pursuant to 46 U.S.C. 12113
(See CBP ruling HQ H105735). Title 46
U.S.C. 12113 limits employment in the
fisheries to a vessel issued a COD with
a fishery endorsement. This effectively
disqualifies any foreign-flagged vessel
from carrying out these activities.
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Wellboats (or live fish carriers) were
especially affected by this CBP ruling.
Wellboats are highly specialized vessels
that are used to treat farmed salmon.
The wellboats are designed to service
large inventories of farmed salmon
during the salt-water grow-out phase
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and are specially equipped to protect
the fish onboard the vessel. Direct
treatment aboard a wellboat is currently
the most efficient and effective method
to treat salmon. If left untreated, salmon
inventories can be destroyed and the
industry can lose revenue. Currently, no
U.S.-flagged wellboats exist. The only
wellboats available to the U.S. salmon
aquaculture industry are foreign-flagged
vessels, which make the industry highly
dependent on foreign-flagged wellboats.
Through this rulemaking, the Coast
Guard proposes to amend its regulations
to implement Section 901(c) of the
CGAA. Under that provision, the
Secretary of DOT has the authority to
issue a waiver allowing a documented
vessel with only a registry endorsement
or a foreign-flagged vessel to be used in
certain aquaculture support operations
that treat or protect aquaculture fish
from disease, parasitic infestation, or
other threats to their health if no
suitable U.S.-flagged vessel is available
to perform those services. Under this
proposed rule, a vessel owner or
operator of a vessel who has been issued
a waiver by DOT to perform aquaculture
support operations will be required to
notify and provide a copy of the waiver
to the Coast Guard. Through this
rulemaking, we also propose to establish
operational and geographic
requirements for a vessel that is issued
a waiver by DOT to perform aquaculture
support operations. For more
information on these requirements, refer
to § 106.120 Operational and
Geographic Requirements.
Affected Population
The Coast Guard determined the
affected population based on the
number of waiver requests from vessel
owners and operators. Since the 2010
CBP ruling, only one entity has applied
for waivers for foreign-flagged wellboats
to treat salmon. This U.S. entity
operates two foreign-flagged wellboats,
and we anticipate that this entity will
continue to apply for waivers in the
future. Therefore, this proposed rule is
projected to affect one U.S. entity that
operates two vessels. Depending on the
growth of the salmon aquaculture
industry, there is the potential for the
number of affected vessels to increase in
the future. However, current trends
indicate no increase in growth in the
salmon aquaculture industry. Therefore,
we did not consider, in this analysis, an
annual increase in the number of
waivers that would be submitted to the
Coast Guard.
Costs
In this proposed rule, owners or
operators of foreign-flagged vessels,
which are issued waivers by DOT to
conduct certain aquaculture support
operations, must notify the Coast Guard
that such waivers have been issued. The
costs of this proposed rule include the
costs to the industry to provide copies
of the waivers and the costs to the
Government to process the information.
Waivers will be issued on an annual
basis per DOT requirements. Owners or
operators of the vessels are required to
provide copies of these waivers to the
Coast Guard annually. Waivers are
issued individually for each vessel
involved in aquaculture support
operations, and therefore, costs are
estimated on a per vessel basis.
Industry Costs
The Coast Guard estimates it will take
0.5 hours for a legal secretary to copy
and send each waiver to the Coast
Guard, via postal mail and electronic
mail. The wage rate for a legal assistant
was obtained from the U.S. Bureau of
Labor Statistics (BLS), using
Occupational Series 23–2011, Paralegals
and Legal Assistants (May 2013). BLS
reports that the mean hourly rate for a
legal assistant is $24.60.2 To account for
employee benefits, we use the load
factor of 1.43, which we calculated from
June 2014 BLS data.3 The loaded wage
rate for a legal assistant is estimated at
$35.18 per hour ($24.60 wage rate × 1.43
load factor). The expected cost to
industry to provide copies of the waiver
is $35.18 ($35.18 × 0.5 hours × 2
vessels). Table 2 shows the total 10-year
cost of two affected vessels to be
$247.09 and annualized cost of $35.18,
both discounted at 7 percent.
TABLE 2—TOTAL 10 YEAR COST TO INDUSTRY
Undiscounted
costs
Year
1 .....................................................................................................................................................
2 .....................................................................................................................................................
3 .....................................................................................................................................................
4 .....................................................................................................................................................
5 .....................................................................................................................................................
6 .....................................................................................................................................................
7 .....................................................................................................................................................
8 .....................................................................................................................................................
9 .....................................................................................................................................................
10 ...................................................................................................................................................
Total ........................................................................................................................................
Annualized .....................................................................................................................................
$35.18
35.18
35.18
35.18
35.18
35.18
35.18
35.18
35.18
35.18
351.80
..............................
Discount rate
7%
$32.88
30.73
28.72
26.84
25.08
23.44
21.91
20.48
19.14
17.88
247.09
35.18
3%
$34.16
33.16
32.19
31.26
30.35
29.46
28.60
27.77
26.96
26.18
300.09
35.18
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Note: Total may not add due to rounding.
Government Costs
The Coast Guard estimates it will take
0.5 hours per vessel for Coast Guard
personnel at the GS–13 level to record
the information from the waivers. The
fully loaded wage rate for a GS–13 is
$80, per Commandant Instruction
7310.1P.4 The total cost for the Coast
Guard is $80 [(0.5 hours ″ $80) × 2
vessels]. The total 10-year undiscounted
Government cost of the proposed rule is
$800. Table 3 shows the total
Government 10-year discounted cost at
$561.89, and the annualized cost at $80,
both discounted at 7 percent.
2 Mean wage, https://www.bls.gov/oes/2013/may/
oes232011.htm.
3 Employer Costs for Employee Compensation
news release text provides information on the
employer compensation, and can be found at https://
www.bls.gov/news.release/archives/
ecec_09102014.htm.
4 See https://www.uscg.mil/directives/ci/70007999/CI_ 7310_1P.pdf.
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TABLE 3—TOTAL GOVERNMENT COST
Undiscounted
costs
Year
1 .....................................................................................................................................................
2 .....................................................................................................................................................
3 .....................................................................................................................................................
4 .....................................................................................................................................................
5 .....................................................................................................................................................
6 .....................................................................................................................................................
7 .....................................................................................................................................................
8 .....................................................................................................................................................
9 .....................................................................................................................................................
10 ...................................................................................................................................................
Total ........................................................................................................................................
Annualized .....................................................................................................................................
Discount rate
7%
$80.00
80.00
80.00
80.00
80.00
80.00
80.00
80.00
80.00
80.00
800.00
..............................
3%
$74.77
69.88
65.30
61.03
57.04
53.31
49.82
46.56
43.51
40.67
561.89
80.00
$77.67
75.41
73.21
71.08
69.01
67.00
65.05
63.15
61.31
59.53
682.42
80.00
Note: Total may not add due to rounding.
Table 4 displays the total costs on an
undiscounted basis, and discounted at 7
percent and 3 percent interest rates,
respectively. The total 10-year
undiscounted cost of the proposed rule
is $1,151.80. The total 10-year (industry
and government) discounted cost of the
proposed rule is $808.98 and the
annualized cost is $115.18, both
discounted at 7 percent.
TABLE 4—TOTAL COSTS OF THE PROPOSED RULE
Total undiscounted
costs
Year
1 ...........................................................................................................................................................
2 ...........................................................................................................................................................
3 ...........................................................................................................................................................
4 ...........................................................................................................................................................
5 ...........................................................................................................................................................
6 ...........................................................................................................................................................
7 ...........................................................................................................................................................
8 ...........................................................................................................................................................
9 ...........................................................................................................................................................
10 .........................................................................................................................................................
Total ..............................................................................................................................................
Annualized ...........................................................................................................................................
$115.18
115.18
115.18
115.18
115.18
115.18
115.18
115.18
115.18
115.18
1,151.80
....................................
Total, discounted
7%
3%
$107.64
100.60
94.02
87.87
82.12
76.75
71.73
67.04
62.65
58.55
808.98
115.18
$111.83
108.57
105.41
102.34
99.36
96.46
93.65
90.92
88.28
85.70
982.51
115.18
Note: Total may not add due to rounding.
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Benefits
This proposed rule does not provide
any quantitative benefits. However, it
does have a qualitative benefit. It
provides the Coast Guard with greater
maritime domain awareness through the
proposed requirement that an owner or
operator of a vessel who has received a
waiver from DOT must submit a copy of
the waiver to the Coast Guard. The
requirement to submit a copy of the
waiver to the Coast Guard will ensure
that appropriate Coast Guard officials
are aware that foreign-flagged vessels or
vessels with only registry endorsements
are conducting aquaculture support
activities in U.S waters pursuant to a
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waiver issued by DOT under the
authority of 46 U.S.C. 12102(d)(1).
B. Small Entities
Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, we have considered
whether this proposed 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.
There is one U.S. entity that operates
two foreign-flagged vessels that would
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Frm 00047
Fmt 4702
Sfmt 4702
be affected by this rulemaking at this
time. This entity is neither a not-forprofit nor a governmental organization.
The North American Industry
Classification System (NAICS) for this
entity is 424460, Fish and Seafood
Merchant Wholesalers. An entity with
this NAICS code is considered a small
entity if it has less than 100 employees.
Using the small entity definition for the
NAICS code, we determined the entity
is classified as a small entity, since this
entity has 40 employees. Table 5 shows
information on the U.S. entity classified
as a small entity by NAICS code, and
the small entity standard size
established by the Small Business
Administration.
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Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules
TABLE 5—NAICS CODE AND SMALL ENTITIES SIZE STANDARDS
NAICS Code
Description
Small business size standard
424460 .................................
Fish and Seafood Merchant Wholesalers ....................................................................
Less than 100 employees.
We reviewed business revenue data
provided by a publicly available
source 5 and found that this entity has
annual revenue estimated at $4,800,000.
Therefore, the expected burden on the
company from this rulemaking is
estimated at less than 0.001 percent of
total annual revenue.
Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule, if promulgated, will 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 proposed 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 proposed
rule would economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we want to assist small entities in
understanding this proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
If you think that the proposed rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please consult with the
Coast Guard personnel listed under the
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FOR FURTHER INFORMATION CONTACT
section of this proposed rule. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
5 MANTA (https:// www.manta.com/ ) is an online
business service directory and search engine that
provides business revenue and size data.
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Jkt 235001
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
D. Collection of Information
This proposed rule would call for a
new collection of information under the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501–3520. This collection is
explained below under ESTIMATE OF
TOTAL ANNUAL BURDEN. As defined
in 5 CFR 1320.3(c), ‘‘collection of
information’’ comprises reporting,
recordkeeping, monitoring, posting,
labeling, and other, similar actions. The
title and description of the information
collections, a description of those who
must collect the information, and an
estimate of the total annual burden
follow. The estimate covers the time for
reviewing instructions, searching
existing sources of data, gathering and
maintaining the data needed, and
completing and reviewing the
collection.
Under the provisions of the proposed
rule, an owner or operator of a vessel
who is issued a waiver to conduct
certain aquaculture support operations
would notify the Coast Guard that such
a waiver has been issued.
Title: Requirements for Vessels that
Perform Certain Aquaculture Support
Operations
Summary of the Collection of
Information: An owner or operator of a
vessel who is issued a waiver to conduct
certain aquaculture support operations
would be required to notify the Coast
Guard that such a waiver has been
issued.
Need for Information: This
information is necessary to ensure that
appropriate Coast Guard officials are
aware that foreign-flagged vessels or
documented vessels with only registry
endorsements are conducting
aquaculture support activities in U.S.
waters pursuant to waivers issued by
DOT under the authority of 46 U.S.C.
12102(d)(1).
Proposed Use of Information: The
Coast Guard would use this information
to ensure vessels operating in U.S.
waters in support of aquaculture are
compliant with DOT’s requirement.
Description of the Respondents: The
respondents are owners or operators of
vessels that are issued waivers to
conduct certain aquaculture support
operations.
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Number of Respondents: The number
of respondents is one per year.
Frequency of Response: Waivers are
issued on an annual basis, so the
frequency of response is one response
per vessel, per year.
Burden of Response: The estimated
burden for each respondent is 0.5 hours
per vessel to copy waivers and send
information to the Coast Guard.
Estimate of Total Annual Burden:
There is currently one entity operating
two vessels that have been issued
waivers. The total annual burden would
be 1 hour (0.5 hours × 2 vessels).
Assuming this task is performed by a
legal assistant at a loaded hourly rate of
$35.18, the annual cost burden for this
requirement is $35.18 ($35.18 loaded
wage rate × 1 total entity hours).
We ask for public comment on the
proposed collection of information to
help us determine—
(1) How useful the information is;
(2) Whether it can help us perform
our functions better;
(3) Whether it is readily available
elsewhere;
(4) How accurate our estimate of the
burden of collection is;
(5) How valid our methods for
determining burden are;
(6) How we can improve the quality,
usefulness, and clarity of the
information; and
(7) How we can minimize the burden
of collection.
If you submit comments on the
collection of information, submit them
to both OMB and to the Docket
Management Facility where indicated
under ADDRESSES, by the date under
DATES.
You are not required to respond to a
collection of information unless it
displays a currently valid control
number from OMB. Before we could
enforce the collection of information
requirements in this proposed rule,
OMB would need to approve our
request to collect this information.
E. Federalism
A rule has implications for federalism
under E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
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this rule under that order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
E.O. 13132. Our analysis is explained
below.
This proposed rule implements
Section 901(c) of the Coast Guard
Authorization Act of 2010. Section
901(c) amends Section 12102 of Chapter
121 of 46 U.S.C. by adding a waiver of
certain Federal vessel documentation
requirements for vessels performing
aquaculture support operations. Neither
Section 901 nor Chapter 121 contains
authority for States to waive Federal
vessel documentation requirements.
Additionally, while Chapter 121 does
not expressly prohibit States from
having state titling systems, vessels that
are required to be documented under
Chapter 121 cannot be simultaneously
titled by a State or numbered by a State
pursuant to Chapter 123 (see 46 U.S.C.
Section 12106). Therefore, the rule is
consistent with the principles of
federalism and preemption
requirements in E.O. 13132.
While it is well settled that States may
not regulate in categories in which
Congress intended the Coast Guard to be
the sole source of a vessel’s obligations,
the Coast Guard recognizes the key role
that State and local governments may
have in making regulatory
determinations. Additionally, for rules
with federalism implications and
preemptive effect, E.O. 13132
specifically directs agencies to consult
with State and local governments during
the rulemaking process. If you believe
this proposed rule has implications for
federalism under E.O. 13132, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section of
this preamble.
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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 (adjusted for inflation) or
more in any one year. Though this
proposed rule would not result in such
an expenditure, we do discuss the
effects of this proposed rule elsewhere
in this preamble.
G. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under E.O.
12630, Governmental Actions and
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13:52 Jul 29, 2015
Jkt 235001
Interference with Constitutionally
Protected Property Rights.
H. Civil Justice Reform
This proposed rule 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.
I. Protection of Children
We have analyzed this proposed rule
under E.O. 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This proposed
rule is not an economically significant
rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
J. Indian Tribal Governments
This proposed rule does not have
tribal implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
would 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 proposed rule
under E.O. 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 E.O. 12866 and
is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer
and Advancement Act, 15 U.S.C. 272
note directs agencies to use voluntary
consensus standards in their regulatory
activities unless the agency provides
Congress, through OMB, 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 proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
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45497
M. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969, 42
U.S.C. 4321–4370f, and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under the ‘‘Public Participation and
Request for Comments’’ section of this
preamble. This proposed rule involves
vessels that have received waivers from
the DOT to perform certain aquaculture
support operations in U.S. waters (or
could receive such waivers in the
future) and the Coast Guard’s
notification and documentation
requirements for those vessels. The
proposed rule entails administrative
activities, which pertain to regulations
concerning documentation of vessels,
and collectively appear to fall under
section 2.B.2 and Figure 2–1, paragraphs
(34)(a) and (d) of the Instruction. We
seek any comments or information that
may lead to the discovery of a
significant environmental impact
resulting from this proposed rule.
List of Subjects in 46 CFR Part 106
Aquaculture operations, Coastwise,
Fishing vessels, Registry endorsement,
Waiver.
For the reasons discussed in the
preamble, the Coast Guard proposes to
add 46 CFR part 106 to read as follows:
Title 46—Shipping
PART 106—REQUIREMENTS FOR
NON-QUALIFIED VESSELS THAT
PERFORM CERTAIN AQUACULTURE
SUPPORT OPERATIONS
Sec.
106.100 Purpose.
106.105 Applicability.
106.110 Definitions.
106.115 Notification requirements.
106.120 Operational and geographic
requirements.
106.125 Penalties.
Authority: Sec. 901(c)(2), Pub. L. 111–281,
124 Stat. 2905, Title IX; Department of
Homeland Security Delegation No. 0170.1.
§ 106.100
Purpose.
The regulations in this part
implement 46 U.S.C. 12102(d).
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§ 106.105
Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules
Applicability.
The regulations in this part apply to
a documented vessel with only a
registry endorsement or a foreignflagged vessel that has been issued a
waiver by DOT under 46 U.S.C.
12102(d)(1), for the purpose of
conducting aquaculture support
operations.
§ 106.110
Definitions.
For the purpose of this part:
Aquaculture support operations
means activities that treat aquaculture
fish for or protect aquaculture fish from
disease, parasitic infestation, or other
threats to their health.
§ 106.115
Notification requirements.
(a) Prior to operating in U.S. waters,
a vessel owner, operator, or charterer
that has been issued a waiver by DOT
to conduct aquaculture support
operations must notify the Coast Guard
in writing of its status. The notification
must include the following information:
(1) The vessel(s) name(s);
(2) The vessel’s official and/ or
International Maritime Organization
number;
(3) The geographic location within the
waters of the United States where the
vessel(s) will conduct treatment
operations;
(4) The period of time during which
the waiver for the vessel(s) is approved
including:
(i) The start date (MM/ DD/ YYYY);
and
(ii) The expiration date (MM/ DD/
YYYY); and
(5) A copy of the DOT-approved
aquaculture waiver.
(b) Written notification must be made
to the Commandant (CG–CVC), ATTN:
Office of Commercial Vessel
Compliance, U.S. Coast Guard Stop
7501, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593–
7501, or by email to CG–CVC–3@
uscg.mil.
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§ 106.120 Operational and geographic
requirements.
(a) Vessels with a DOT waiver, issued
under 46 U.S.C. 12102(d)(1), for the
purpose of performing aquaculture
support operations are subject to the
following restrictions:
(1) Commercial operations other than
operations that treat or protect
aquaculture fish are prohibited;
(2) While conducting aquaculture
support operations, vessels will operate
solely within the geographic location
identified in the approved waiver issued
by DOT; and
(3) Vessels will not conduct
aquaculture support operations beyond
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13:52 Jul 29, 2015
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the period of time approved in the
waiver issued by DOT.
(b) Vessels conducting aquaculture
support operations will, at all times,
maintain a copy of the waiver issued by
DOT on board the vessel as proof of its
eligibility to conduct aquaculture
support operations.
§ 106.125
Penalties.
A vessel owner, operator, or charterer
not operating a vessel as required in this
part is subject to penalty under 46
U.S.C. 12151.
Dated: July 23, 2015.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Director of
Inspections and Compliance.
[FR Doc. 2015–18620 Filed 7–29–15; 8:45 am]
BILLING CODE 9110–04–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 536 and 552
[GSAR Case 2015–G508; Docket No. 2005–
0013; Sequence No. 1]
RIN 3090–AJ57
General Services Administration
Acquisition Regulation (GSAR);
Removal of Unnecessary Construction
Clauses and Editorial Changes
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Proposed rule.
AGENCY:
The General Services
Administration (GSA) is issuing a
proposed rule amending the General
Services Administration Acquisition
Regulation (GSAR) coverage on
Construction and Architect-Engineer
Contracts, including provisions and
clauses for solicitations and resultant
contracts, to remove unnecessary
regulations.
SUMMARY:
Interested parties should submit
written comments to the Regulatory
Secretariat at one of the addressees
shown below on or before September
28, 2015 to be considered in the
formation of the final rule.
ADDRESSES: Submit comments in
response to GSAR Case 2015–G508 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
by searching for ‘‘GSAR Case 2015–
G508’’. Select the link ‘‘Comment Now’’
that corresponds with ‘‘GSAR Case
2015–G508.’’ Follow the instructions
provided at the ‘‘Comment Now’’
screen. Please include your name,
company name (if any), and ‘‘GSAR
DATES:
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Frm 00050
Fmt 4702
Sfmt 4702
Case 2015–G508’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Ms. Flowers, 1800 F
Street NW., 2nd Floor, Washington, DC
20405.
Instructions: Please submit comments
only and cite GSAR Case 2015–G508, in
all correspondence related to this case.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Christina Mullins, Program Analyst, at
202–969–4066 or email at
Christina.Mullins@gsa.gov, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
Please cite GSAR Case 2015–G508.
SUPPLEMENTARY INFORMATION:
I. Background
GSA is proposing to amend the GSAR
to revise sections of GSAR part 536,
Construction and Architect-Engineer
Contracts, and part 552, Solicitation
Provisions and Contract Clauses, to
remove unnecessary construction
clauses.
The proposed rule includes the
removal of one section and seven GSAR
subpart 536.5 supplemental provisions
and clauses that are now covered in the
Federal Acquisition Regulation (FAR) or
are otherwise no longer necessary for
the agency.
A GSA Acquisition Manual (GSAM)
rewrite initiative was undertaken by
GSA to revise the GSAM starting in
2008. A proposed rule to update GSAR
part 536, Construction and ArchitectEngineer Contracts was initially
published as GSAR Case 2008–G509 in
the Federal Register at 73 FR 73199,
December 2, 2008. Due to the variety of
issues addressed in the GSAR 536
rewrite, and strong internal stakeholder
interest, the agency re-evaluated the
implementation plan for the GSAR 536
rewrite and withdrew this initial
proposed rule. The initial proposed rule
withdrawal was published in the
Federal Register at 80 FR 6944,
February 9, 2015. GSAR Case 2015–
G508 is the first of several new GSAR
cases to separately address the issues
and update the GSAR 536 text.
II. Discussion and Analysis
The changes to the GSAM included in
the proposed rule are summarized
below:
• GSAR subpart 536.1, General:
Revised to add language at GSAR
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]]>Agencies
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Proposed Rules]
[Pages 45491-45498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18620]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 106
[Docket No. USCG-2015-0086]
RIN 1625-AC23
Requirements for Vessels With Registry Endorsements or Foreign-
Flagged Vessels That Perform Certain Aquaculture Support Operations
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to amend its regulations to implement
Section 901(c) of the Coast Guard Authorization Act of 2010 that grants
the Secretary of the U.S. Department of Transportation (DOT) the
authority to issue a waiver allowing a documented vessel with only a
registry endorsement or a foreign-flagged vessel to be used in certain
aquaculture operations. Specifically, those operations include the
treatment and/or protection of aquaculture fish from disease, parasitic
infestation, or other threats to their health. The proposed part would
establish the requirement for an owner or operator of a vessel who is
issued a waiver by the Secretary of DOT to notify the Coast Guard that
the vessel owner or operator has been issued a waiver that allows the
vessel to conduct certain aquaculture support operations. The proposed
part would also establish operational and geographic requirements for
vessels that are issued such a waiver.
DATES: Comments and related material must either be submitted to our
online docket via https://www.regulations.gov on or before October 28,
2015 or reach the Docket Management Facility by that date. Comments
sent to the Office of Management and Budget (OMB) on the collection of
information must reach OMB on or before October 28, 2015.
ADDRESSES: You may submit comments identified by docket number USCG-
2015-0086 using any one of the following methods:
(1) Federal eRulemaking Portal: https://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 four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
Collection of Information Comments: If you have comments on the
collection of information discussed in section VI.D. of this notice of
proposed rulemaking, you must also send comments to the Office of
Information and Regulatory Affairs (OIRA), Office of Management and
Budget. To ensure that your comments to OIRA are received on time, the
preferred methods are by email
[[Page 45492]]
to oira_submission@omb.eop.gov (include the docket number and
``Attention: Desk Officer for Coast Guard, DHS'' in the subject line of
the email) or fax at 202-395-6566. An alternate, though slower, method
is by the U.S. Postal Service to the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street
NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email Mr. David Belliveau, Fishing Vessels Division (CG-
CVC-3), U.S. Coast Guard; telephone 202-372-1247, email
uscg.mil">David.J.Belliveau@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Ms. Cheryl Collins, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for 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. Basis and Purpose
IV. Background
V. Discussion of Proposed 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 https://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-2015-0086), indicate the specific section of this
document to which each comment applies, and provide a 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 email 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 https://www.regulations.gov,
and follow the instructions on that Web site. 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 comments 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 and may change this proposed rule based on your
comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov and
follow the instructions on that Web site. If you do not have access to
the Internet, you may 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
You can search the electronic form of comments received into any of
our dockets by searching for the name of the individual who submitted
the comment (or who signed the comment, if the comment was 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 plan to hold a public meeting, but you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that a public meeting would aid
this rulemaking, we will hold one at a time and place announced in a
later notice in the Federal Register.
II. Abbreviations
BLS U.S. Bureau of Labor Statistics
CBP U.S. Customs and Border Protection
CFR Code of Federal Regulations
CGAA Coast Guard Authorization Act of 2010
COD Certificate of Documentation
DHS U.S. Department of Homeland Security
DOT U.S. Department of Transportation
E.O. Executive Order
FR Federal Register
NAICS North American Industry Classification System
NPRM Notice of proposed rulemaking
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
Pub. L. Public Law
RA Regulatory Analysis
U.S.C. United States Code
III. Basis and Purpose
Under Title 46 U.S.C. 12102(d)(1), the Secretary of the U.S.
Department of Transportation (DOT) may issue a waiver to allow a
documented vessel with only a registry endorsement or a foreign-flagged
vessel to be used in operations that treat aquaculture fish for or
protect aquaculture fish from disease, parasitic infestation, or other
threats to their health if the Secretary finds, after publishing a
notice in the Federal Register (FR), that a suitable vessel of the
United States is not available to perform those services.\1\
---------------------------------------------------------------------------
\1\ These services are generally performed by ``wellboats''
(commonly understood as fishing and housing facility vessels) that
pump fish out of their pens and into the vessel's fish hold. The
fish hold is full of sea water and while the fish are inside the
fish hold, a metered dose of de-lousing chemical is added to the
fish holds. The water is then circulated vigorously to ensure
complete mixing of the de-lousing agent. Upon completion of the
treatment cycle, the fish are returned to their pens.
---------------------------------------------------------------------------
In this notice of proposed rulemaking (NPRM), the Coast Guard
proposes to amend 46 CFR subchapter I--Cargo and Miscellaneous Vessels,
by adding a new part 106 that would establish the requirement for an
owner or operator of a vessel who is issued a waiver by the Secretary
of DOT, for the purpose of conducting certain aquaculture support
operations, to notify the Coast Guard that such a waiver has been
issued. The proposed part would also establish operational and
geographic requirements for a vessel that is issued such a waiver.
IV. Background
Section 901 of the Coast Guard Authorization Act of 2010 (CGAA)
(Pub. L. 111-281) amended 46 U.S.C. 12102 by adding subsection (d).
Pursuant to 46 U.S.C. 12102(d)(1), the Secretary of DOT may issue a
waiver allowing a documented vessel with only a registry
[[Page 45493]]
endorsement or a foreign-flagged vessel to be used in operations that
treat or protect aquaculture fish from disease, parasitic infestation,
or other threats to their health if the Secretary finds, after
publishing a notice in the Federal Register, that a suitable vessel of
the United States is not available that could perform those services.
This NPRM proposes regulations necessary to implement the Coast
Guard's rulemaking responsibility as prescribed by 901(c)(2) of the
CGAA. In that subsection, Congress directed the Secretary of the U.S.
Department of Homeland Security (DHS), the department under which the
Coast Guard operates, to promulgate regulations that are necessary and
appropriate for permitting nonqualified vessels to perform certain
aquaculture support operations. It also authorizes the Secretary of DHS
to ``grant interim permits pending the issuance of such regulations
upon receipt of applications containing the required information.''
Through this rule, we propose to establish the requirement that an
owner or operator of a vessel who is issued a waiver by the Secretary
of DOT for the purpose of conducting certain aquaculture support
operations notify the Coast Guard that such a waiver has been issued.
This proposed rule would also establish operational and geographic
requirements for vessels that are issued such waivers.
V. Discussion of Proposed Rule
Through this rulemaking, the Coast Guard proposes to add 46 CFR
part 106, ``Requirements for Nonqualified Vessels that Perform Certain
Aquaculture Support Operations.'' This proposed part would establish
the requirement for owners or operators of vessels who are issued a
waiver by the Secretary of DOT to conduct certain aquaculture support
operations to notify the Coast Guard that such a waiver has been
issued. In developing this proposed notification requirement, we
considered the possibility of DOT notifying the Coast Guard that a
waiver has been issued rather than imposing this notification burden on
the owner/operator. However, we decided that an owner/operator may be
better served if the owner/operator retains the responsibility of
notifying the Coast Guard rather than rely on the issuing agency
because doing so gives the owner/operator full and complete control
regarding the timing of the notification. For more information on this
proposed notification requirement, including the mailing and email
addresses that notifications are to be sent, refer to Sec. 106.115. We
are interested in hearing public comment on this proposed notification
requirement (and the possibility of having DOT provide waiver
notifications instead of an owner/operator) as we do with all of the
requirements proposed in this rule. The proposed part would also
establish operational and geographic requirements for vessels that are
issued such a waiver. Based on submissions of applications for interim
permits, we propose to require an owner or operator of a vessel who is
issued a waiver by the Secretary of DOT, to submit to the Coast Guard:
(1) The vessel(s) name(s);
(2) The vessel's official and/or International Maritime
Organization number;
(3) The geographic location within the waters of the United States
where the vessel(s) will conduct aquaculture treatment operations;
(4) The period of time during which the waiver for the vessel(s) is
approved including:
(i) The start date (MM/DD/YYYY); and
(ii) The expiration date (MM/DD/YYYY); and
(5) A copy of the DOT-approved aquaculture waiver.
VI. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on these statutes or E.O.s.
A. Regulatory Planning and Review
Executive Orders 12866, Regulatory Planning and Review, and 13563,
Improving Regulation and Regulatory Review, direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
This NPRM is not a significant regulatory action under section 3(f)
of E.O. 12866 as supplemented by E.O. 13563. Accordingly, the Office of
Management and Budget (OMB) has not reviewed it under that Order. A
combined preliminary Regulatory Analysis (RA) follows.
This RA provides an evaluation of the economic impacts associated
with this proposed rule. The table that follows provides a summary of
the proposed rule's costs and benefits.
Table 1--Summary of the Proposed Rule's Impacts
------------------------------------------------------------------------
Category Summary
------------------------------------------------------------------------
Applicability..................... Owners or operators of vessels that
are issued a waiver allowing a
documented vessel with only a
registry endorsement or a foreign-
flagged vessel to be used in
operations that treat aquaculture
fish.
Affected Population............... 2 vessels.
Costs to Industry and Government.. 10-year: $808.98.
($, 7% discount rate)............. Annualized: $115.18.
Unquantified Benefits............. Allows the Coast Guard to readily
identify vessels with waivers to
perform certain aquaculture support
operations.
------------------------------------------------------------------------
On May 27, 2010, the U.S. Customs and Border Protection (CBP) ruled
that aquaculture activities constitute ``engag[ing] in the fisheries,''
and is thus within the meaning of 46 U.S.C. 108, for which a vessel
must possess a Certificate of Documentation (COD) endorsed pursuant to
46 U.S.C. 12113 (See CBP ruling HQ H105735). Title 46 U.S.C. 12113
limits employment in the fisheries to a vessel issued a COD with a
fishery endorsement. This effectively disqualifies any foreign-flagged
vessel from carrying out these activities.
Wellboats (or live fish carriers) were especially affected by this
CBP ruling. Wellboats are highly specialized vessels that are used to
treat farmed salmon. The wellboats are designed to service large
inventories of farmed salmon during the salt-water grow-out phase
[[Page 45494]]
and are specially equipped to protect the fish onboard the vessel.
Direct treatment aboard a wellboat is currently the most efficient and
effective method to treat salmon. If left untreated, salmon inventories
can be destroyed and the industry can lose revenue. Currently, no U.S.-
flagged wellboats exist. The only wellboats available to the U.S.
salmon aquaculture industry are foreign-flagged vessels, which make the
industry highly dependent on foreign-flagged wellboats.
Through this rulemaking, the Coast Guard proposes to amend its
regulations to implement Section 901(c) of the CGAA. Under that
provision, the Secretary of DOT has the authority to issue a waiver
allowing a documented vessel with only a registry endorsement or a
foreign-flagged vessel to be used in certain aquaculture support
operations that treat or protect aquaculture fish from disease,
parasitic infestation, or other threats to their health if no suitable
U.S.-flagged vessel is available to perform those services. Under this
proposed rule, a vessel owner or operator of a vessel who has been
issued a waiver by DOT to perform aquaculture support operations will
be required to notify and provide a copy of the waiver to the Coast
Guard. Through this rulemaking, we also propose to establish
operational and geographic requirements for a vessel that is issued a
waiver by DOT to perform aquaculture support operations. For more
information on these requirements, refer to Sec. 106.120 Operational
and Geographic Requirements.
Affected Population
The Coast Guard determined the affected population based on the
number of waiver requests from vessel owners and operators. Since the
2010 CBP ruling, only one entity has applied for waivers for foreign-
flagged wellboats to treat salmon. This U.S. entity operates two
foreign-flagged wellboats, and we anticipate that this entity will
continue to apply for waivers in the future. Therefore, this proposed
rule is projected to affect one U.S. entity that operates two vessels.
Depending on the growth of the salmon aquaculture industry, there is
the potential for the number of affected vessels to increase in the
future. However, current trends indicate no increase in growth in the
salmon aquaculture industry. Therefore, we did not consider, in this
analysis, an annual increase in the number of waivers that would be
submitted to the Coast Guard.
Costs
In this proposed rule, owners or operators of foreign-flagged
vessels, which are issued waivers by DOT to conduct certain aquaculture
support operations, must notify the Coast Guard that such waivers have
been issued. The costs of this proposed rule include the costs to the
industry to provide copies of the waivers and the costs to the
Government to process the information. Waivers will be issued on an
annual basis per DOT requirements. Owners or operators of the vessels
are required to provide copies of these waivers to the Coast Guard
annually. Waivers are issued individually for each vessel involved in
aquaculture support operations, and therefore, costs are estimated on a
per vessel basis.
Industry Costs
The Coast Guard estimates it will take 0.5 hours for a legal
secretary to copy and send each waiver to the Coast Guard, via postal
mail and electronic mail. The wage rate for a legal assistant was
obtained from the U.S. Bureau of Labor Statistics (BLS), using
Occupational Series 23-2011, Paralegals and Legal Assistants (May
2013). BLS reports that the mean hourly rate for a legal assistant is
$24.60.\2\ To account for employee benefits, we use the load factor of
1.43, which we calculated from June 2014 BLS data.\3\ The loaded wage
rate for a legal assistant is estimated at $35.18 per hour ($24.60 wage
rate x 1.43 load factor). The expected cost to industry to provide
copies of the waiver is $35.18 ($35.18 x 0.5 hours x 2 vessels). Table
2 shows the total 10-year cost of two affected vessels to be $247.09
and annualized cost of $35.18, both discounted at 7 percent.
---------------------------------------------------------------------------
\2\ Mean wage, https://www.bls.gov/oes/2013/may/oes232011.htm.
\3\ Employer Costs for Employee Compensation news release text
provides information on the employer compensation, and can be found
at https://www.bls.gov/news.release/archives/ecec_09102014.htm.
Table 2--Total 10 Year Cost to Industry
----------------------------------------------------------------------------------------------------------------
Discount rate
Year Undiscounted -------------------------
costs 7% 3%
----------------------------------------------------------------------------------------------------------------
1.................................................................. $35.18 $32.88 $34.16
2.................................................................. 35.18 30.73 33.16
3.................................................................. 35.18 28.72 32.19
4.................................................................. 35.18 26.84 31.26
5.................................................................. 35.18 25.08 30.35
6.................................................................. 35.18 23.44 29.46
7.................................................................. 35.18 21.91 28.60
8.................................................................. 35.18 20.48 27.77
9.................................................................. 35.18 19.14 26.96
10................................................................. 35.18 17.88 26.18
Total.......................................................... 351.80 247.09 300.09
Annualized......................................................... ................. 35.18 35.18
----------------------------------------------------------------------------------------------------------------
Note: Total may not add due to rounding.
Government Costs
The Coast Guard estimates it will take 0.5 hours per vessel for
Coast Guard personnel at the GS-13 level to record the information from
the waivers. The fully loaded wage rate for a GS-13 is $80, per
Commandant Instruction 7310.1P.\4\ The total cost for the Coast Guard
is $80 [(0.5 hours [sec] $80) x 2 vessels]. The total 10-year
undiscounted Government cost of the proposed rule is $800. Table 3
shows the total Government 10-year discounted cost at $561.89, and the
annualized cost at $80, both discounted at 7 percent.
---------------------------------------------------------------------------
\4\ See https://www.uscg.mil/directives/ci/7000-7999/CI_
7310_1P.pdf.
[[Page 45495]]
Table 3--Total Government Cost
----------------------------------------------------------------------------------------------------------------
Discount rate
Year Undiscounted -------------------------
costs 7% 3%
----------------------------------------------------------------------------------------------------------------
1.................................................................. $80.00 $74.77 $77.67
2.................................................................. 80.00 69.88 75.41
3.................................................................. 80.00 65.30 73.21
4.................................................................. 80.00 61.03 71.08
5.................................................................. 80.00 57.04 69.01
6.................................................................. 80.00 53.31 67.00
7.................................................................. 80.00 49.82 65.05
8.................................................................. 80.00 46.56 63.15
9.................................................................. 80.00 43.51 61.31
10................................................................. 80.00 40.67 59.53
Total.......................................................... 800.00 561.89 682.42
Annualized......................................................... ................. 80.00 80.00
----------------------------------------------------------------------------------------------------------------
Note: Total may not add due to rounding.
Table 4 displays the total costs on an undiscounted basis, and
discounted at 7 percent and 3 percent interest rates, respectively. The
total 10-year undiscounted cost of the proposed rule is $1,151.80. The
total 10-year (industry and government) discounted cost of the proposed
rule is $808.98 and the annualized cost is $115.18, both discounted at
7 percent.
Table 4--Total Costs of the Proposed Rule
------------------------------------------------------------------------
Total, discounted
Year Total undiscounted -------------------
costs 7% 3%
------------------------------------------------------------------------
1............................. $115.18 $107.64 $111.83
2............................. 115.18 100.60 108.57
3............................. 115.18 94.02 105.41
4............................. 115.18 87.87 102.34
5............................. 115.18 82.12 99.36
6............................. 115.18 76.75 96.46
7............................. 115.18 71.73 93.65
8............................. 115.18 67.04 90.92
9............................. 115.18 62.65 88.28
10............................ 115.18 58.55 85.70
Total..................... 1,151.80 808.98 982.51
Annualized.................... .................... 115.18 115.18
------------------------------------------------------------------------
Note: Total may not add due to rounding.
Benefits
This proposed rule does not provide any quantitative benefits.
However, it does have a qualitative benefit. It provides the Coast
Guard with greater maritime domain awareness through the proposed
requirement that an owner or operator of a vessel who has received a
waiver from DOT must submit a copy of the waiver to the Coast Guard.
The requirement to submit a copy of the waiver to the Coast Guard will
ensure that appropriate Coast Guard officials are aware that foreign-
flagged vessels or vessels with only registry endorsements are
conducting aquaculture support activities in U.S waters pursuant to a
waiver issued by DOT under the authority of 46 U.S.C. 12102(d)(1).
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this proposed 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.
There is one U.S. entity that operates two foreign-flagged vessels
that would be affected by this rulemaking at this time. This entity is
neither a not-for-profit nor a governmental organization. The North
American Industry Classification System (NAICS) for this entity is
424460, Fish and Seafood Merchant Wholesalers. An entity with this
NAICS code is considered a small entity if it has less than 100
employees. Using the small entity definition for the NAICS code, we
determined the entity is classified as a small entity, since this
entity has 40 employees. Table 5 shows information on the U.S. entity
classified as a small entity by NAICS code, and the small entity
standard size established by the Small Business Administration.
[[Page 45496]]
Table 5--NAICS Code and Small Entities Size Standards
----------------------------------------------------------------------------------------------------------------
NAICS Code Description Small business size standard
----------------------------------------------------------------------------------------------------------------
424460............................ Fish and Seafood Merchant Less than 100 employees.
Wholesalers.
----------------------------------------------------------------------------------------------------------------
We reviewed business revenue data provided by a publicly available
source \5\ and found that this entity has annual revenue estimated at
$4,800,000. Therefore, the expected burden on the company from this
rulemaking is estimated at less than 0.001 percent of total annual
revenue.
---------------------------------------------------------------------------
\5\ MANTA (https:// www.manta.com/ ) is an online business
service directory and search engine that provides business revenue
and size data.
---------------------------------------------------------------------------
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule, if promulgated, will 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 proposed 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 proposed rule would economically affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If you
think that the proposed rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please consult
with the Coast Guard personnel listed under the FOR FURTHER INFORMATION
CONTACT section of this proposed rule. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This proposed rule would call for a new collection of information
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. This
collection is explained below under ESTIMATE OF TOTAL ANNUAL BURDEN. As
defined in 5 CFR 1320.3(c), ``collection of information'' comprises
reporting, recordkeeping, monitoring, posting, labeling, and other,
similar actions. The title and description of the information
collections, a description of those who must collect the information,
and an estimate of the total annual burden follow. The estimate covers
the time for reviewing instructions, searching existing sources of
data, gathering and maintaining the data needed, and completing and
reviewing the collection.
Under the provisions of the proposed rule, an owner or operator of
a vessel who is issued a waiver to conduct certain aquaculture support
operations would notify the Coast Guard that such a waiver has been
issued.
Title: Requirements for Vessels that Perform Certain Aquaculture
Support Operations
Summary of the Collection of Information: An owner or operator of a
vessel who is issued a waiver to conduct certain aquaculture support
operations would be required to notify the Coast Guard that such a
waiver has been issued.
Need for Information: This information is necessary to ensure that
appropriate Coast Guard officials are aware that foreign-flagged
vessels or documented vessels with only registry endorsements are
conducting aquaculture support activities in U.S. waters pursuant to
waivers issued by DOT under the authority of 46 U.S.C. 12102(d)(1).
Proposed Use of Information: The Coast Guard would use this
information to ensure vessels operating in U.S. waters in support of
aquaculture are compliant with DOT's requirement.
Description of the Respondents: The respondents are owners or
operators of vessels that are issued waivers to conduct certain
aquaculture support operations.
Number of Respondents: The number of respondents is one per year.
Frequency of Response: Waivers are issued on an annual basis, so
the frequency of response is one response per vessel, per year.
Burden of Response: The estimated burden for each respondent is 0.5
hours per vessel to copy waivers and send information to the Coast
Guard.
Estimate of Total Annual Burden: There is currently one entity
operating two vessels that have been issued waivers. The total annual
burden would be 1 hour (0.5 hours x 2 vessels). Assuming this task is
performed by a legal assistant at a loaded hourly rate of $35.18, the
annual cost burden for this requirement is $35.18 ($35.18 loaded wage
rate x 1 total entity hours).
We ask for public comment on the proposed collection of information
to help us determine--
(1) How useful the information is;
(2) Whether it can help us perform our functions better;
(3) Whether it is readily available elsewhere;
(4) How accurate our estimate of the burden of collection is;
(5) How valid our methods for determining burden are;
(6) How we can improve the quality, usefulness, and clarity of the
information; and
(7) How we can minimize the burden of collection.
If you submit comments on the collection of information, submit
them to both OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You are not required to respond to a collection of information
unless it displays a currently valid control number from OMB. Before we
could enforce the collection of information requirements in this
proposed rule, OMB would need to approve our request to collect this
information.
E. Federalism
A rule has implications for federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed
[[Page 45497]]
this rule under that order and have determined that it is consistent
with the fundamental federalism principles and preemption requirements
described in E.O. 13132. Our analysis is explained below.
This proposed rule implements Section 901(c) of the Coast Guard
Authorization Act of 2010. Section 901(c) amends Section 12102 of
Chapter 121 of 46 U.S.C. by adding a waiver of certain Federal vessel
documentation requirements for vessels performing aquaculture support
operations. Neither Section 901 nor Chapter 121 contains authority for
States to waive Federal vessel documentation requirements.
Additionally, while Chapter 121 does not expressly prohibit States from
having state titling systems, vessels that are required to be
documented under Chapter 121 cannot be simultaneously titled by a State
or numbered by a State pursuant to Chapter 123 (see 46 U.S.C. Section
12106). Therefore, the rule is consistent with the principles of
federalism and preemption requirements in E.O. 13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. Additionally, for rules with federalism implications
and preemptive effect, E.O. 13132 specifically directs agencies to
consult with State and local governments during the rulemaking process.
If you believe this proposed rule has implications for federalism under
E.O. 13132, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this preamble.
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 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.
G. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This proposed rule 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.
I. Protection of Children
We have analyzed this proposed rule under E.O. 13045, Protection of
Children from Environmental Health Risks and Safety Risks. This
proposed rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under E.O.
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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 proposed rule under E.O. 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 E.O. 12866 and is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, 15 U.S.C. 272
note directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through OMB,
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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
M. Environment
We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969, 42 U.S.C. 4321-4370f, and have made a
preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this determination is available in the docket
where indicated under the ``Public Participation and Request for
Comments'' section of this preamble. This proposed rule involves
vessels that have received waivers from the DOT to perform certain
aquaculture support operations in U.S. waters (or could receive such
waivers in the future) and the Coast Guard's notification and
documentation requirements for those vessels. The proposed rule entails
administrative activities, which pertain to regulations concerning
documentation of vessels, and collectively appear to fall under section
2.B.2 and Figure 2-1, paragraphs (34)(a) and (d) of the Instruction. We
seek any comments or information that may lead to the discovery of a
significant environmental impact resulting from this proposed rule.
List of Subjects in 46 CFR Part 106
Aquaculture operations, Coastwise, Fishing vessels, Registry
endorsement, Waiver.
For the reasons discussed in the preamble, the Coast Guard proposes
to add 46 CFR part 106 to read as follows:
Title 46--Shipping
PART 106--REQUIREMENTS FOR NON-QUALIFIED VESSELS THAT PERFORM
CERTAIN AQUACULTURE SUPPORT OPERATIONS
Sec.
106.100 Purpose.
106.105 Applicability.
106.110 Definitions.
106.115 Notification requirements.
106.120 Operational and geographic requirements.
106.125 Penalties.
Authority: Sec. 901(c)(2), Pub. L. 111-281, 124 Stat. 2905,
Title IX; Department of Homeland Security Delegation No. 0170.1.
Sec. 106.100 Purpose.
The regulations in this part implement 46 U.S.C. 12102(d).
[[Page 45498]]
Sec. 106.105 Applicability.
The regulations in this part apply to a documented vessel with only
a registry endorsement or a foreign-flagged vessel that has been issued
a waiver by DOT under 46 U.S.C. 12102(d)(1), for the purpose of
conducting aquaculture support operations.
Sec. 106.110 Definitions.
For the purpose of this part:
Aquaculture support operations means activities that treat
aquaculture fish for or protect aquaculture fish from disease,
parasitic infestation, or other threats to their health.
Sec. 106.115 Notification requirements.
(a) Prior to operating in U.S. waters, a vessel owner, operator, or
charterer that has been issued a waiver by DOT to conduct aquaculture
support operations must notify the Coast Guard in writing of its
status. The notification must include the following information:
(1) The vessel(s) name(s);
(2) The vessel's official and/ or International Maritime
Organization number;
(3) The geographic location within the waters of the United States
where the vessel(s) will conduct treatment operations;
(4) The period of time during which the waiver for the vessel(s) is
approved including:
(i) The start date (MM/ DD/ YYYY); and
(ii) The expiration date (MM/ DD/ YYYY); and
(5) A copy of the DOT-approved aquaculture waiver.
(b) Written notification must be made to the Commandant (CG-CVC),
ATTN: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop
7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
7501, or by email to CG-CVC-3@ uscg.mil.
Sec. 106.120 Operational and geographic requirements.
(a) Vessels with a DOT waiver, issued under 46 U.S.C. 12102(d)(1),
for the purpose of performing aquaculture support operations are
subject to the following restrictions:
(1) Commercial operations other than operations that treat or
protect aquaculture fish are prohibited;
(2) While conducting aquaculture support operations, vessels will
operate solely within the geographic location identified in the
approved waiver issued by DOT; and
(3) Vessels will not conduct aquaculture support operations beyond
the period of time approved in the waiver issued by DOT.
(b) Vessels conducting aquaculture support operations will, at all
times, maintain a copy of the waiver issued by DOT on board the vessel
as proof of its eligibility to conduct aquaculture support operations.
Sec. 106.125 Penalties.
A vessel owner, operator, or charterer not operating a vessel as
required in this part is subject to penalty under 46 U.S.C. 12151.
Dated: July 23, 2015.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2015-18620 Filed 7-29-15; 8:45 am]
BILLING CODE 9110-04-P
