Requirements for Vessels With Registry Endorsements or Foreign-Flagged Vessels That Perform Certain Aquaculture Support Operations, 63420-63427 [2016-22097]
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Federal Register / Vol. 81, No. 179 / Thursday, September 15, 2016 / Rules and Regulations
safety zone is unnecessary or
impractical for the purpose of maritime
security.
(f) Penalties. Vessels or persons
violating this rule are subject to the
penalties set forth in 33 U.S.C. 1232 and
50 U.S.C. 192.
Dated: August 17, 2016.
James B. Pruett,
Captain, U.S. Coast Guard, Captain of the
Port, Guam.
Click on Open Docket Folder on the line
associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: For
information about this document, 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.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
[FR Doc. 2016–22228 Filed 9–14–16; 8:45 am]
BILLING CODE 9110–04–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
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
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
AGENCY:
I. Abbreviations
ACTION:
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
MARAD Maritime Administration
NAICS North American Industry
Classification System
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Pub. L. Public Law
RA Regulatory Analysis
SNPRM Supplemental notice of proposed
rulemaking
U.S.C. United States Code
Coast Guard, DHS.
Final rule.
The Coast Guard is amending
its regulations to implement Subsection
901(c) of the Coast Guard Authorization
Act of 2010, which 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 new part establishes the
requirement for an owner or operator of
a vessel that is issued a waiver allowing
the vessel to conduct aquaculture
support operations by the Secretary of
DOT to notify the Coast Guard that the
vessel owner or operator has been
issued such a waiver. The part also
establishes operational and geographic
requirements for vessels that are issued
such a waiver.
DATES: This final rule is effective
October 17, 2016.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2015–0086. To view public comments
or documents mentioned in this
preamble as being available in the
docket, go to the Federal eRulemaking
Portal at https://www.regulations.gov,
type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
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SUMMARY:
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II. Regulatory History
On July 30, 2015, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Requirements for Vessels With
Registry Endorsements or ForeignFlagged Vessels That Perform Certain
Aquaculture Support Operations’’ in the
Federal Register (FR) (80 FR 45491). We
received one submission with three
comments on the proposed rule. No
public meeting was requested and none
was held.
III. Basis and Purpose
Under Title 46 of United States Code
(U.S.C.) 12102(d)(1), the Secretary of the
U.S. Department of Transportation
(DOT) may issue an ‘‘Aquaculture
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Support Operations 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, that a suitable vessel of the
United States is not available to perform
those services.1
In this final rule, the Coast Guard is
amending 46 CFR subchapter I—Cargo
and Miscellaneous Vessels, by adding a
new part 106 that establishes the
requirement for an owner or operator of
a vessel that is issued an Aquaculture
Support Operations Waiver by the
Maritime Administration (MARAD),2 for
the purpose of conducting certain
aquaculture support operations, to
notify the Coast Guard that such a
waiver has been issued. This new part
also establishes operational and
geographic requirements for a vessel
that is issued such a waiver.
IV. Background
On May 27, 2010, 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).3 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.
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 an Aquaculture Support
Operations Waiver allowing a
documented vessel with a registry
endorsement or a foreign-flagged vessel
to be used in operations that treat or
protect aquaculture fish from disease,
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 vessels’ fish holds. 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 hold. 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.
2 On October 14, 2014, the Secretary of
Transportation delegated the authority to
administer paragraph 901(c)(1) of the CGAA to the
Maritime Administrator, MARAD.
3 This ruling is available online from CBP by
going to https://rulings.cbp.gov/, entering ‘‘HQ
H105735’’ in the ‘‘Search’’ box and clicking ‘‘Go’’.
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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 rule is necessary to implement
the Coast Guard’s rulemaking
responsibility as prescribed by 901(c)(2)
of the CGAA. In that paragraph,
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 to implement subsection
901(c). 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 are establishing the
requirement that an owner or operator
of a vessel who is issued an Aquaculture
Support Operations Waiver by MARAD
for the purpose of conducting certain
aquaculture support operations must
notify the Coast Guard that such a
waiver has been issued. This rule also
establishes operational and geographic
requirements for vessels that are issued
such waivers.
V. Discussion of Comments and
Changes
One commenter submitted three
comments for our consideration. These
comments are available for viewing in
the public docket for this rulemaking,
where indicated under ADDRESSES.
Below, we summarize these comments
and our responses to them.
A. The commenter states that instead
of putting the notification burden on the
owner/operator, the responsibility to
notify the Coast Guard that an
Aquaculture Support Operations Waiver
has been issued for a particular vessel
should rest with the DOT. The
commenter states that having DOT
notify the Coast Guard that DOT has
issued an Aquaculture Support
Operations Waiver is more efficient and
practical than having the owner/
operator notify the Coast Guard and that
doing so would also reduce the risk of
communication error or delay.
We do not agree. First, it is important
to note that the statute does not require
MARAD to notify the Coast Guard that
it has issued an Aquaculture Support
Operations Waiver for an otherwise
unqualified vessel to conduct
aquaculture support operations in U.S.
waters. Second, while the Coast Guard
may expect MARAD to provide
notification to the Coast Guard that it
has issued an Aquaculture Support
Operations Waiver, we cannot control
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the timing of MARAD’s notification to
the Coast Guard.
It also benefits the owner/operator of
a vessel to have full control over when
to notify the Coast Guard that he or she
has received an Aquaculture Support
Operations Waiver because it facilitates
faster notification and eliminates the
potential for administrative delay.
Accordingly, if an owner/operator wants
to be sure that the Coast Guard is
notified of his or her vessel’s
Aquaculture Support Operations Waiver
before conducting aquaculture support
operations in U.S. waters, it benefits the
owner/operator to notify the Coast
Guard because it removes the risk of
administrative delay that could result in
the Coast Guard not receiving
notification before the vessel engages in
aquaculture support operations.
Prompt notification is necessary to
ensure that the Coast Guard does not
expend resources unnecessarily by
deploying assets to conduct a law
enforcement boarding to determine the
eligibility of a vessel with only a registry
endorsement or a foreign-flagged vessel
to engage in aquaculture support
operations in U.S. waters.
As discussed earlier, CBP ruled that
aquaculture support activities constitute
engaging in the fisheries, for which a
vessel must possess a COD with a
fishery endorsement. This effectively
disqualifies any U.S. vessel without a
‘‘fisheries’’ endorsement or any foreignflagged vessel from carrying out these
activities without an Aquaculture
Support Operations Waiver issued by
MARAD. The notification requirement,
therefore, is necessary for the Coast
Guard’s maritime domain awareness
which, in turn, will help streamline the
Coast Guard’s law enforcement
activities.
Additionally, placing the notification
requirement on the owner/operator (the
waiver-applicant), is not unprecedented.
The ‘‘Small Vessel Waiver Program’’ is
a program administered by MARAD.
Under that program, MARAD has the
authority to grant waivers of the U.S.
build requirements for foreign-built
vessels to operate in the United States
as commercial passenger vessels. Under
the Small Vessel Waiver Program, at the
time that MARAD issues a waiver to the
applicant, MARAD informs the
applicant of the need to notify the Coast
Guard’s National Vessel Documentation
Center that a waiver has been issued
which, in turn, makes the vessel eligible
to receive a coastwise trade
endorsement on the vessel’s Certificate
of Documentation. 46 CFR 388.6(a)(2)
(MARAD requirement); 46 CFR 67.7
(Coast Guard COD requirement). Placing
the responsibility for notifying the Coast
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Guard that an owner/operator has
received a waiver from MARAD to
engage in aquaculture support
operations is consistent with the
notification responsibility provided
under an existing, similarly
administered MARAD program.
B. The commenter next states that the
requirement to limit the vessel’s
aquaculture support operations to the
geographic area identified in DOT’s
Aquaculture Support Operations Waiver
lacks rationale and imposes a restriction
not contemplated in the statute. We
agree that the statute does not impose
any restrictions regarding the
geographic area within which a vessel
may conduct aquaculture support
operations. However, a vessel’s
geographic operational area is a factor in
MARAD’s analysis of whether there are
any U.S. vessels available to perform
those operations. Therefore, the
requirement to conduct aquaculture
support operations within the
geographic area identified in MARAD’s
Aquaculture Support Operations
Waiver, serves to uphold the terms of
the waiver, which is issued, in large
part, based upon the representations
(including operational geographic
representations 4) of the owner/operator.
In the interest of providing flexibility
consistent with the statute and the
geographical limits of the Aquaculture
Support Operations Waiver, however,
the Coast Guard will accept waivers for
operations in multiple locations.
Accordingly, if an owner/operator
anticipates that the vessel’s aquaculture
support operations will occur in several
geographic locations, then the owner/
operator can list those locations in its
Aquaculture Support Operations Waiver
application to MARAD to aid MARAD
in its analysis of whether there are any
suitable U.S.-flagged vessels available to
conduct aquaculture support operations
in those identified areas. The Coast
Guard has revised § 106.120(a)(2) to
reflect the possibility that a waiver may
allow operations in more than one
location. Because this change is a logical
outgrowth of the NPRM, a supplemental
notice of proposed rulemaking (SNPRM)
is unnecessary. Further opportunity for
public comment would only serve to
delay completion of this rulemaking.
Thus, we find good cause under 5
U.S.C. 553(b)(B) to proceed with
4 Since 2010, in every application for an interim
permit that the Coast Guard has received [eight as
of November 2015], the applicant has identified, in
general terms, the geographic area in which the
vessel would be conducting aquaculture support
operations. This same geographic area of operations
information was, in turn, also provided to MARAD
for the purpose of aiding MARAD in its U.S. vessel
availability analysis.
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publication of this final rule without an
SNPRM.
C. Lastly, the commenter inquires
whether the regulations in this
rulemaking represent the completion of
the Coast Guard’s rulemaking
obligations under subsection 901(c) of
the CGAA. At this time, the Coast Guard
does not expect to engage in further
rulemaking to implement subsection
901(c).However, as prescribed in
paragraph 901(c)(1), the Secretary of
DOT was provided the discretionary
authority to issue waivers allowing
documented vessels with registry
endorsements or foreign-flagged vessels
to be used in aquaculture support
operations when suitable vessels of the
United States are not available that
could perform those services. As noted
above, on October 14, 2014, the
Secretary of DOT delegated the
authority to administer paragraph
901(c)(1) of the CGAA to the Maritime
Administrator. Accordingly, we defer to
MARAD on the process associated with
the application for, and the issuance of,
an Aquaculture Support Operations
Waiver.
D. After publication of the NPRM, we
determined that the wording of the
‘‘Penalties’’ section of the proposed
regulation, § 106.125, raised an
unintended ambiguity by providing that
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. We believe this wording
may be incorrectly interpreted to mean
that there can only be a violation if the
vessel is not operating. We are,
therefore, making a minor change to
§ 106.125 in this final rule to remove
that unintended ambiguity by amending
the section to provide that violation of
this part is subject to the civil penalties
set forth under 46 U.S.C. 12151. In
addition to removing the unintended
ambiguity, this wording is consistent
with 46 U.S.C. 12151 and is also
consistent with other Coast Guard
regulations. See, for example, 46 CFR
4.06–70 and 46 CFR 16.115. Because
this change is a logical outgrowth of the
NPRM, an SNPRM is unnecessary. In
addition, an SNPRM is unnecessary
because the change is a non-substantive
clarification. Further opportunity for
public comment would only serve to
delay completion of this rulemaking.
Thus, we find good cause under 5
U.S.C. 553(b)(B) to proceed with
publication of this final rule without an
SNPRM.
Additionally, in light of the Secretary
of Transportation’s delegation to
MARAD to administer the Aquaculture
Support Operations Waiver program, we
are changing the nomenclature from
‘‘DOT’’ to ‘‘MARAD’’ in § 106.115 and
§ 106.120 to more accurately reflect the
issuing authority for aquaculture
waivers. Because this change is a logical
outgrowth of the proposed rule, an
SNPRM is unnecessary. For the same
reasons discussed earlier, we find good
cause under 5 U.S.C. 553(b)(B) to
proceed with publication of this final
rule without an SNPRM.
VI. Regulatory Analyses
We developed this 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 rule is not a significant
regulatory action under subsection 3(f)
of E.O. 12866 as supplemented by E.O.
13563. The Office of Management and
Budget has not reviewed it under E.O.
12866. We developed an analysis of the
costs and benefits of the rule to
ascertain its probable impacts on
industry. A final Regulatory Analysis
(RA) follows.
This RA provides an evaluation of the
economic impacts associated with this
final rule. The table that follows
provides a summary of the rule’s costs
and benefits.
TABLE 1—SUMMARY OF THE RULE’S IMPACTS
Category
Summary
Applicability ...............................................................................................
Owners or operators of vessels that are issued an Aquaculture Support
Operations 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: $819.65.
Annualized: $116.70.
Allows the Coast Guard to readily identify vessels with waivers to perform certain aquaculture support operations.
Affected Population ..................................................................................
Costs to Industry and Government ($, 7% discount rate) .......................
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Unquantified Benefits ...............................................................................
Wellboats (or live fish carriers) were
especially affected by CBP’s ruling (HQ
H105735) that aquaculture activities
constitute ‘‘engaging in the fisheries’’
and are thus within the meaning of 46
U.S.C. 108, for which a vessel must
possess a Certificate of Documentation
endorsed pursuant to 46 U.S.C. 12113.
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. There are
only a few coastwise qualified wellboats
suitable and available for this work.
This is why a considered Aquaculture
Support Operations Waiver process that
would allow inclusion of foreign-flagged
wellboats is necessary.
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Through this rulemaking, the Coast
Guard is amending its regulations to
implement subsection 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, after
posting a notice in the Federal Register,
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the Secretary of DOT determines that no
suitable U.S.-flagged vessel is available.
Under this rule, a vessel owner or
operator of a vessel who has been issued
a waiver by MARAD 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 are also establishing
operational and geographic
requirements for a vessel that is issued
a waiver by MARAD to perform
aquaculture support operations. For
more information on these
requirements, refer to § 106.120
Operational and Geographic
Requirements.
No changes were made in the RA of
this final rule as a result of public
comments. The only change in this final
rule’s RA is that we updated the labor
rates to reflect the most recent available
wage data.
Affected Population
The Coast Guard determined the
affected population based on the
number of Aquaculture Support
Operations 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,
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Waivers are issued individually for each
vessel involved in aquaculture support
operations, and therefore, costs are
estimated on a per vessel basis.
and we anticipate that this entity will
continue to apply for Aquaculture
Support Operations Waivers in the
future. Therefore, this rule is expected
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 Aquaculture
Support Operations Waivers that would
be submitted to the Coast Guard.
Industry Costs
Costs
In this rule, owners or operators of
foreign-flagged vessels, which are issued
waivers by MARAD to conduct certain
aquaculture support operations, must
notify the Coast Guard that such waivers
have been issued. The costs of this rule
include the costs to the industry to
provide copies of the Aquaculture
Support Operations Waivers and the
costs to the Government to process the
information. Aquaculture Support
Operations 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.
The Coast Guard estimates it will take
0.5 hours for a legal secretary to copy
and send each Aquaculture Support
Operations 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 2014). BLS reports that
the mean hourly rate for a legal assistant
is $24.92.5 To account for employee
benefits, we use the load factor of 1.43,
which we calculated from June 2014
BLS data.6 The loaded wage rate for a
legal assistant is estimated at $35.70 per
hour ($24.92 wage rate × 1.43 load
factor). The expected cost to industry to
provide copies of the Aquaculture
Support Operations Waiver is $35.70
($35.70 × 0.5 hours × 2 vessels). The
total 10-year undiscounted industry cost
of this final rule is $357. Table 2 shows
the total 10-year cost of two affected
vessels to be $250.74 and annualized
cost of $35.70, both discounted at 7
percent.
TABLE 2—TOTAL 10-YEAR COST TO INDUSTRY
Undiscounted
costs
Year
Discount rate
7%
3%
1 ...................................................................................................................................................
2 ...................................................................................................................................................
3 ...................................................................................................................................................
4 ...................................................................................................................................................
5 ...................................................................................................................................................
6 ...................................................................................................................................................
7 ...................................................................................................................................................
8 ...................................................................................................................................................
9 ...................................................................................................................................................
10 .................................................................................................................................................
$35.70
35.70
35.70
35.70
35.70
35.70
35.70
35.70
35.70
35.70
$33.36
31.18
29.14
27.24
25.45
23.79
22.23
20.78
19.42
18.15
$34.66
33.65
32.67
31.72
30.80
29.90
29.03
28.18
27.36
26.56
Total ......................................................................................................................................
Annualized ...................................................................................................................................
357.00
........................
250.74
35.70
304.53
35.70
Note: Total may not add due to rounding.
Government Costs
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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 Aquaculture
5 Mean wage, https://www.bls.gov/oes/2014/may/
oes232011.htm.
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Support Operations Waivers. The fully
loaded wage rate for a GS–13 is $81, per
Commandant Instruction 7310.1Q.7 The
total cost for the Coast Guard is $81 [(0.5
hours × $81) × 2 vessels]. The total 10-
year undiscounted Government cost of
this final rule is $810. Table 3 shows the
total Government 10-year discounted
cost at $568.91, and the annualized cost
at $81, both discounted at 7 percent.
6 Employer Costs for Employee Compensation
news release text provides information on the
employer compensation, and can be found at https://
www.bls.gov/schedule/archives/ecec_nr.htm.
7 See https://www.uscg.mil/directives/ci/70007999/CI_7310_1Q.pdf.
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TABLE 3—TOTAL GOVERNMENT COST
Undiscounted
costs
Year
Discount rate
7%
3%
1 ...................................................................................................................................................
2 ...................................................................................................................................................
3 ...................................................................................................................................................
4 ...................................................................................................................................................
5 ...................................................................................................................................................
6 ...................................................................................................................................................
7 ...................................................................................................................................................
8 ...................................................................................................................................................
9 ...................................................................................................................................................
10 .................................................................................................................................................
$81.00
81.00
81.00
81.00
81.00
81.00
81.00
81.00
81.00
81.00
$75.70
70.75
66.12
61.79
57.75
53.97
50.44
47.14
44.06
41.18
$78.64
76.35
74.13
71.97
69.87
67.84
65.86
63.94
62.08
60.27
Total ......................................................................................................................................
Annualized ...................................................................................................................................
810.00
........................
568.91
81.00
690.95
81.00
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 this rule is $1,167.
The total 10-year (industry and
government) discounted cost of this
final rule is $819.65 and the annualized
cost is $116.70, both discounted at 7
percent.
TABLE 4—TOTAL COSTS OF THE RULE
Total
undiscounted
costs
Year
Total, discounted
7%
3%
1 ...................................................................................................................................................
2 ...................................................................................................................................................
3 ...................................................................................................................................................
4 ...................................................................................................................................................
5 ...................................................................................................................................................
6 ...................................................................................................................................................
7 ...................................................................................................................................................
8 ...................................................................................................................................................
9 ...................................................................................................................................................
10 .................................................................................................................................................
$116.70
116.70
116.70
116.70
116.70
116.70
116.70
116.70
116.70
116.70
$109.07
101.93
95.26
89.03
83.21
77.76
72.67
67.92
63.48
59.32
$113.30
110.00
106.80
103.69
100.67
97.73
94.89
92.12
89.44
86.84
Total ......................................................................................................................................
Annualized ...................................................................................................................................
1,167.00
........................
819.65
116.70
995.47
116.70
Note: Total may not add due to rounding.
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Benefits
This 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
requirement that an owner or operator
of a vessel who has received an
Aquaculture Support Operations Waiver
from MARAD 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 an
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Aquaculture Support Operations 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 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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Fmt 4700
Sfmt 4700
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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63425
TABLE 5—NAICS CODE AND SMALL ENTITIES SIZE STANDARDS
NAICS code
Description
424460 ..............
Fish and Seafood Merchant Wholesalers ..............................................................................
We reviewed business revenue data
provided by a publicly available
source 8 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 rule will
not have a significant economic impact
on a substantial number of small
entities.
C. Assistance for Small Entities
Under subsection 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we offered to assist small entities
in understanding this rule so that they
can better evaluate its effects on them
and participate in the rulemaking. The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
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).
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D. Collection of Information
This rule calls 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 collection, 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,
8 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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Small business size standard
gathering and maintaining the data
needed, and completing and reviewing
the collection.
Under the provisions of the rule, an
owner or operator of a vessel who is
issued an Aquaculture Support
Operations Waiver to conduct certain
aquaculture support operations must
notify the Coast Guard that such a
waiver has been issued.
Title: Requirements for Vessels that
Perform Certain Aquaculture Support
Operations.
OMB Control Number: 1625–0126.
Summary of the Collection of
Information: An owner or operator of a
vessel who is issued a waiver to conduct
certain aquaculture support operations
must 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 an Aquaculture
Support Operations Waiver issued by
DOT under the authority of 46 U.S.C.
12102(d)(1).
Use of Information: The Coast Guard
would use this information to enhance
its maritime domain awareness and to
streamline its law enforcement activities
by ensuring that Coast Guard law
enforcement officials are aware that
foreign-flagged vessels or vessels with
only a registry endorsement are
conducting aquaculture support
activities in U.S. waters pursuant to an
Aquaculture Support Operations Waiver
issued by DOT under the authority of 46
U.S.C. 12102(d)(1).
Description of the Respondents: The
respondents are owners or operators of
vessels that are issued Aquaculture
Support Operations Waivers by MARAD
to conduct certain aquaculture support
operations.
Number of Respondents: The number
of respondents is one per year.
Frequency of Response: Aquaculture
Support Operations 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 Aquaculture Support
Operations Waivers and send
information to the Coast Guard.
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Frm 00065
Fmt 4700
Sfmt 4700
Less than 100 employees.
Estimate of Total Annual Burden:
There is currently one entity operating
two vessels that have been issued
Aquaculture Support Operations
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
$35.70, the annual cost burden for this
requirement is $35.70 ($35.70 loaded
wage rate × 1 total entity hours).
You are not required to respond to a
collection of information unless it
displays a currently valid OMB control
number. OMB has not yet completed its
review of this collection. Therefore, we
are not making 46 CFR 106.115 effective
until OMB completes action on our
information collection request, at which
time we will publish a Federal Register
notice describing OMB’s action and, if
OMB grants approval, notifying you
when that provision takes effect.
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
this rule under that order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements as described
in E.O. 13132. Our analysis is explained
below.
This rule implements subsection
901(c) of the CGAA. Subsection 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. In
paragraph 901(c)(2), Congress granted
the Coast Guard, via delegation from the
Secretary, exclusive authority to
promulgate regulations that are
necessary and appropriate for
permitting nonqualified vessels to
perform certain aquaculture support
operations. Therefore, 46 CFR part 106
is established within a field foreclosed
from State or local regulation. In light of
the analysis above, this rule is
consistent with the principles of
federalism and preemption
requirements in E.O. 13132.
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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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This rule will not 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 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 rule under E.O.
13045, Protection of Children from
Environmental Health Risks and Safety
Risks. This 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.
rmajette on DSK2TPTVN1PROD with RULES
J. Indian Tribal Governments
This 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 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, codified as a
note to 15 U.S.C. 272, directs agencies
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14:38 Sep 14, 2016
Jkt 238001
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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this 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
determined that it is one of a category
of actions that do not individually or
cumulatively have a significant effect on
the human environment. A final
environmental analysis checklist
supporting this determination is
available in the docket. This rule is
categorically excluded under section
2.B.2, figure 2–1, paragraphs 34(a) and
34(d) of the Instruction. These
paragraphs respectively pertain to
promulgation of regulations that are
editorial or procedural in nature, and
those concerning vessel documentation
requirements. This rule entails a minor
regulatory change pertaining to vessels
used in certain aquaculture operations
and the Coast Guard’s notification
requirements for those vessels.
Specifically, DOT has the authority to
issue waivers allowing a documented
vessel with a registry endorsement or a
foreign-flagged vessel to be used in
aquaculture support activities. The new
part establishes the requirement for an
owner or operator of a vessel that is
issued a waiver to notify the Coast
Guard. The part also establishes
operational and geographic
requirements for vessels that are issued
such a waiver.
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 amends 46
CFR by adding part 106 to read as
follows:
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
Title 46—Shipping
PART 106—REQUIREMENTS FOR
NONQUALIFIED 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).
§ 106.105
Applicability.
The regulations in this part apply to
a documented vessel with only a
registry endorsement or a foreignflagged vessel that has been issued an
Aquaculture Support Operations Waiver
by the Department of Transportation
(DOT) under 46 U.S.C. 12102(d)(1), for
the purpose of conducting aquaculture
support operations.
§ 106.110
Definitions.
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 an Aquaculture
Support Operations Waiver by DOT’s
Maritime Administration (MARAD) 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 Aquaculture Support Operations
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 MARAD-issued
Aquaculture Support Operations
Waiver.
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(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.
§ 106.120 Operational and geographic
requirements.
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(a) Vessels with a MARAD-issued
Aquaculture Support Operations
Waiver, issued under 46 U.S.C.
12102(d)(1), for the purpose of
performing aquaculture support
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Jkt 238001
operations are subject to the following
restrictions:
(1) Commercial operations in U.S.
waters 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(s)
identified in the waiver issued by
MARAD; and
(3) Vessels will not conduct
aquaculture support operations beyond
the period of time approved in the
waiver issued by MARAD.
(b) Vessels conducting aquaculture
support operations will, at all times,
PO 00000
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Fmt 4700
Sfmt 9990
63427
maintain a copy of the waiver issued by
MARAD on board the vessel as proof of
its eligibility to conduct aquaculture
support operations.
§ 106.125
Penalties.
A person who violates any
requirement prescribed by the
regulations in this part is subject to
penalty under 46 U.S.C. 12151.
Dated: September 9, 2016.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Director of
Inspections and Compliance.
[FR Doc. 2016–22097 Filed 9–14–16; 8:45 am]
BILLING CODE 9110–04–P
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]]>Agencies
[Federal Register Volume 81, Number 179 (Thursday, September 15, 2016)]
[Rules and Regulations]
[Pages 63420-63427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22097]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is amending its regulations to implement
Subsection 901(c) of the Coast Guard Authorization Act of 2010, which
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 new part establishes
the requirement for an owner or operator of a vessel that is issued a
waiver allowing the vessel to conduct aquaculture support operations by
the Secretary of DOT to notify the Coast Guard that the vessel owner or
operator has been issued such a waiver. The part also establishes
operational and geographic requirements for vessels that are issued
such a waiver.
DATES: This final rule is effective October 17, 2016.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0086. To view public comments or documents mentioned in this
preamble as being available in the docket, go to the Federal
eRulemaking Portal at https://www.regulations.gov, type the docket
number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket
Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: For information about this document,
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.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
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. 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
MARAD Maritime Administration
NAICS North American Industry Classification System
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
Pub. L. Public Law
RA Regulatory Analysis
SNPRM Supplemental notice of proposed rulemaking
U.S.C. United States Code
II. Regulatory History
On July 30, 2015, we published a notice of proposed rulemaking
(NPRM) entitled ``Requirements for Vessels With Registry Endorsements
or Foreign-Flagged Vessels That Perform Certain Aquaculture Support
Operations'' in the Federal Register (FR) (80 FR 45491). We received
one submission with three comments on the proposed rule. No public
meeting was requested and none was held.
III. Basis and Purpose
Under Title 46 of United States Code (U.S.C.) 12102(d)(1), the
Secretary of the U.S. Department of Transportation (DOT) may issue an
``Aquaculture Support Operations 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, 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 vessels' fish holds. 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 hold. 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 final rule, the Coast Guard is amending 46 CFR subchapter
I--Cargo and Miscellaneous Vessels, by adding a new part 106 that
establishes the requirement for an owner or operator of a vessel that
is issued an Aquaculture Support Operations Waiver by the Maritime
Administration (MARAD),\2\ for the purpose of conducting certain
aquaculture support operations, to notify the Coast Guard that such a
waiver has been issued. This new part also establishes operational and
geographic requirements for a vessel that is issued such a waiver.
---------------------------------------------------------------------------
\2\ On October 14, 2014, the Secretary of Transportation
delegated the authority to administer paragraph 901(c)(1) of the
CGAA to the Maritime Administrator, MARAD.
---------------------------------------------------------------------------
IV. Background
On May 27, 2010, 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).\3\ 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.
---------------------------------------------------------------------------
\3\ This ruling is available online from CBP by going to https://rulings.cbp.gov/, entering ``HQ H105735'' in the ``Search'' box and
clicking ``Go''.
---------------------------------------------------------------------------
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 an
Aquaculture Support Operations Waiver allowing a documented vessel with
a registry endorsement or a foreign-flagged vessel to be used in
operations that treat or protect aquaculture fish from disease,
[[Page 63421]]
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 rule is necessary to implement the Coast Guard's rulemaking
responsibility as prescribed by 901(c)(2) of the CGAA. In that
paragraph, 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
to implement subsection 901(c). 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 are establishing the requirement that an owner or
operator of a vessel who is issued an Aquaculture Support Operations
Waiver by MARAD for the purpose of conducting certain aquaculture
support operations must notify the Coast Guard that such a waiver has
been issued. This rule also establishes operational and geographic
requirements for vessels that are issued such waivers.
V. Discussion of Comments and Changes
One commenter submitted three comments for our consideration. These
comments are available for viewing in the public docket for this
rulemaking, where indicated under ADDRESSES. Below, we summarize these
comments and our responses to them.
A. The commenter states that instead of putting the notification
burden on the owner/operator, the responsibility to notify the Coast
Guard that an Aquaculture Support Operations Waiver has been issued for
a particular vessel should rest with the DOT. The commenter states that
having DOT notify the Coast Guard that DOT has issued an Aquaculture
Support Operations Waiver is more efficient and practical than having
the owner/operator notify the Coast Guard and that doing so would also
reduce the risk of communication error or delay.
We do not agree. First, it is important to note that the statute
does not require MARAD to notify the Coast Guard that it has issued an
Aquaculture Support Operations Waiver for an otherwise unqualified
vessel to conduct aquaculture support operations in U.S. waters.
Second, while the Coast Guard may expect MARAD to provide notification
to the Coast Guard that it has issued an Aquaculture Support Operations
Waiver, we cannot control the timing of MARAD's notification to the
Coast Guard.
It also benefits the owner/operator of a vessel to have full
control over when to notify the Coast Guard that he or she has received
an Aquaculture Support Operations Waiver because it facilitates faster
notification and eliminates the potential for administrative delay.
Accordingly, if an owner/operator wants to be sure that the Coast Guard
is notified of his or her vessel's Aquaculture Support Operations
Waiver before conducting aquaculture support operations in U.S. waters,
it benefits the owner/operator to notify the Coast Guard because it
removes the risk of administrative delay that could result in the Coast
Guard not receiving notification before the vessel engages in
aquaculture support operations.
Prompt notification is necessary to ensure that the Coast Guard
does not expend resources unnecessarily by deploying assets to conduct
a law enforcement boarding to determine the eligibility of a vessel
with only a registry endorsement or a foreign-flagged vessel to engage
in aquaculture support operations in U.S. waters.
As discussed earlier, CBP ruled that aquaculture support activities
constitute engaging in the fisheries, for which a vessel must possess a
COD with a fishery endorsement. This effectively disqualifies any U.S.
vessel without a ``fisheries'' endorsement or any foreign-flagged
vessel from carrying out these activities without an Aquaculture
Support Operations Waiver issued by MARAD. The notification
requirement, therefore, is necessary for the Coast Guard's maritime
domain awareness which, in turn, will help streamline the Coast Guard's
law enforcement activities.
Additionally, placing the notification requirement on the owner/
operator (the waiver-applicant), is not unprecedented. The ``Small
Vessel Waiver Program'' is a program administered by MARAD. Under that
program, MARAD has the authority to grant waivers of the U.S. build
requirements for foreign-built vessels to operate in the United States
as commercial passenger vessels. Under the Small Vessel Waiver Program,
at the time that MARAD issues a waiver to the applicant, MARAD informs
the applicant of the need to notify the Coast Guard's National Vessel
Documentation Center that a waiver has been issued which, in turn,
makes the vessel eligible to receive a coastwise trade endorsement on
the vessel's Certificate of Documentation. 46 CFR 388.6(a)(2) (MARAD
requirement); 46 CFR 67.7 (Coast Guard COD requirement). Placing the
responsibility for notifying the Coast Guard that an owner/operator has
received a waiver from MARAD to engage in aquaculture support
operations is consistent with the notification responsibility provided
under an existing, similarly administered MARAD program.
B. The commenter next states that the requirement to limit the
vessel's aquaculture support operations to the geographic area
identified in DOT's Aquaculture Support Operations Waiver lacks
rationale and imposes a restriction not contemplated in the statute. We
agree that the statute does not impose any restrictions regarding the
geographic area within which a vessel may conduct aquaculture support
operations. However, a vessel's geographic operational area is a factor
in MARAD's analysis of whether there are any U.S. vessels available to
perform those operations. Therefore, the requirement to conduct
aquaculture support operations within the geographic area identified in
MARAD's Aquaculture Support Operations Waiver, serves to uphold the
terms of the waiver, which is issued, in large part, based upon the
representations (including operational geographic representations \4\)
of the owner/operator.
---------------------------------------------------------------------------
\4\ Since 2010, in every application for an interim permit that
the Coast Guard has received [eight as of November 2015], the
applicant has identified, in general terms, the geographic area in
which the vessel would be conducting aquaculture support operations.
This same geographic area of operations information was, in turn,
also provided to MARAD for the purpose of aiding MARAD in its U.S.
vessel availability analysis.
---------------------------------------------------------------------------
In the interest of providing flexibility consistent with the
statute and the geographical limits of the Aquaculture Support
Operations Waiver, however, the Coast Guard will accept waivers for
operations in multiple locations. Accordingly, if an owner/operator
anticipates that the vessel's aquaculture support operations will occur
in several geographic locations, then the owner/operator can list those
locations in its Aquaculture Support Operations Waiver application to
MARAD to aid MARAD in its analysis of whether there are any suitable
U.S.-flagged vessels available to conduct aquaculture support
operations in those identified areas. The Coast Guard has revised Sec.
106.120(a)(2) to reflect the possibility that a waiver may allow
operations in more than one location. Because this change is a logical
outgrowth of the NPRM, a supplemental notice of proposed rulemaking
(SNPRM) is unnecessary. Further opportunity for public comment would
only serve to delay completion of this rulemaking. Thus, we find good
cause under 5 U.S.C. 553(b)(B) to proceed with
[[Page 63422]]
publication of this final rule without an SNPRM.
C. Lastly, the commenter inquires whether the regulations in this
rulemaking represent the completion of the Coast Guard's rulemaking
obligations under subsection 901(c) of the CGAA. At this time, the
Coast Guard does not expect to engage in further rulemaking to
implement subsection 901(c).However, as prescribed in paragraph
901(c)(1), the Secretary of DOT was provided the discretionary
authority to issue waivers allowing documented vessels with registry
endorsements or foreign-flagged vessels to be used in aquaculture
support operations when suitable vessels of the United States are not
available that could perform those services. As noted above, on October
14, 2014, the Secretary of DOT delegated the authority to administer
paragraph 901(c)(1) of the CGAA to the Maritime Administrator.
Accordingly, we defer to MARAD on the process associated with the
application for, and the issuance of, an Aquaculture Support Operations
Waiver.
D. After publication of the NPRM, we determined that the wording of
the ``Penalties'' section of the proposed regulation, Sec. 106.125,
raised an unintended ambiguity by providing that 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. We believe this wording
may be incorrectly interpreted to mean that there can only be a
violation if the vessel is not operating. We are, therefore, making a
minor change to Sec. 106.125 in this final rule to remove that
unintended ambiguity by amending the section to provide that violation
of this part is subject to the civil penalties set forth under 46
U.S.C. 12151. In addition to removing the unintended ambiguity, this
wording is consistent with 46 U.S.C. 12151 and is also consistent with
other Coast Guard regulations. See, for example, 46 CFR 4.06-70 and 46
CFR 16.115. Because this change is a logical outgrowth of the NPRM, an
SNPRM is unnecessary. In addition, an SNPRM is unnecessary because the
change is a non-substantive clarification. Further opportunity for
public comment would only serve to delay completion of this rulemaking.
Thus, we find good cause under 5 U.S.C. 553(b)(B) to proceed with
publication of this final rule without an SNPRM.
Additionally, in light of the Secretary of Transportation's
delegation to MARAD to administer the Aquaculture Support Operations
Waiver program, we are changing the nomenclature from ``DOT'' to
``MARAD'' in Sec. 106.115 and Sec. 106.120 to more accurately reflect
the issuing authority for aquaculture waivers. Because this change is a
logical outgrowth of the proposed rule, an SNPRM is unnecessary. For
the same reasons discussed earlier, we find good cause under 5 U.S.C.
553(b)(B) to proceed with publication of this final rule without an
SNPRM.
VI. Regulatory Analyses
We developed this 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 rule is not a significant regulatory action under subsection
3(f) of E.O. 12866 as supplemented by E.O. 13563. The Office of
Management and Budget has not reviewed it under E.O. 12866. We
developed an analysis of the costs and benefits of the rule to
ascertain its probable impacts on industry. A final Regulatory Analysis
(RA) follows.
This RA provides an evaluation of the economic impacts associated
with this final rule. The table that follows provides a summary of the
rule's costs and benefits.
Table 1--Summary of the Rule's Impacts
------------------------------------------------------------------------
Category Summary
------------------------------------------------------------------------
Applicability.......................... Owners or operators of vessels
that are issued an Aquaculture
Support Operations 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 ($, 7% 10-year: $819.65.
discount rate). Annualized: $116.70.
Unquantified Benefits.................. Allows the Coast Guard to
readily identify vessels with
waivers to perform certain
aquaculture support
operations.
------------------------------------------------------------------------
Wellboats (or live fish carriers) were especially affected by CBP's
ruling (HQ H105735) that aquaculture activities constitute ``engaging
in the fisheries'' and are thus within the meaning of 46 U.S.C. 108,
for which a vessel must possess a Certificate of Documentation endorsed
pursuant to 46 U.S.C. 12113. 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 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.
There are only a few coastwise qualified wellboats suitable and
available for this work. This is why a considered Aquaculture Support
Operations Waiver process that would allow inclusion of foreign-flagged
wellboats is necessary.
Through this rulemaking, the Coast Guard is amending its
regulations to implement subsection 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, after
posting a notice in the Federal Register,
[[Page 63423]]
the Secretary of DOT determines that no suitable U.S.-flagged vessel is
available. Under this rule, a vessel owner or operator of a vessel who
has been issued a waiver by MARAD 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 are also establishing
operational and geographic requirements for a vessel that is issued a
waiver by MARAD to perform aquaculture support operations. For more
information on these requirements, refer to Sec. 106.120 Operational
and Geographic Requirements.
No changes were made in the RA of this final rule as a result of
public comments. The only change in this final rule's RA is that we
updated the labor rates to reflect the most recent available wage data.
Affected Population
The Coast Guard determined the affected population based on the
number of Aquaculture Support Operations 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 Aquaculture Support
Operations Waivers in the future. Therefore, this rule is expected 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 Aquaculture Support Operations Waivers that
would be submitted to the Coast Guard.
Costs
In this rule, owners or operators of foreign-flagged vessels, which
are issued waivers by MARAD to conduct certain aquaculture support
operations, must notify the Coast Guard that such waivers have been
issued. The costs of this rule include the costs to the industry to
provide copies of the Aquaculture Support Operations Waivers and the
costs to the Government to process the information. Aquaculture Support
Operations 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 Aquaculture Support Operations 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 2014). BLS reports that the mean hourly rate for
a legal assistant is $24.92.\5\ To account for employee benefits, we
use the load factor of 1.43, which we calculated from June 2014 BLS
data.\6\ The loaded wage rate for a legal assistant is estimated at
$35.70 per hour ($24.92 wage rate x 1.43 load factor). The expected
cost to industry to provide copies of the Aquaculture Support
Operations Waiver is $35.70 ($35.70 x 0.5 hours x 2 vessels). The total
10-year undiscounted industry cost of this final rule is $357. Table 2
shows the total 10-year cost of two affected vessels to be $250.74 and
annualized cost of $35.70, both discounted at 7 percent.
---------------------------------------------------------------------------
\5\ Mean wage, https://www.bls.gov/oes/2014/may/oes232011.htm.
\6\ Employer Costs for Employee Compensation news release text
provides information on the employer compensation, and can be found
at https://www.bls.gov/schedule/archives/ecec_nr.htm.
Table 2--Total 10-Year Cost to Industry
----------------------------------------------------------------------------------------------------------------
Discount rate
Year Undiscounted -------------------------------
costs 7% 3%
----------------------------------------------------------------------------------------------------------------
1............................................................... $35.70 $33.36 $34.66
2............................................................... 35.70 31.18 33.65
3............................................................... 35.70 29.14 32.67
4............................................................... 35.70 27.24 31.72
5............................................................... 35.70 25.45 30.80
6............................................................... 35.70 23.79 29.90
7............................................................... 35.70 22.23 29.03
8............................................................... 35.70 20.78 28.18
9............................................................... 35.70 19.42 27.36
10.............................................................. 35.70 18.15 26.56
-----------------------------------------------
Total....................................................... 357.00 250.74 304.53
Annualized...................................................... .............. 35.70 35.70
----------------------------------------------------------------------------------------------------------------
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 Aquaculture Support Operations Waivers. The fully loaded wage rate
for a GS-13 is $81, per Commandant Instruction 7310.1Q.\7\ The total
cost for the Coast Guard is $81 [(0.5 hours x $81) x 2 vessels]. The
total 10-year undiscounted Government cost of this final rule is $810.
Table 3 shows the total Government 10-year discounted cost at $568.91,
and the annualized cost at $81, both discounted at 7 percent.
---------------------------------------------------------------------------
\7\ See https://www.uscg.mil/directives/ci/7000-7999/CI_7310_1Q.pdf.
[[Page 63424]]
Table 3--Total Government Cost
----------------------------------------------------------------------------------------------------------------
Discount rate
Year Undiscounted -------------------------------
costs 7% 3%
----------------------------------------------------------------------------------------------------------------
1............................................................... $81.00 $75.70 $78.64
2............................................................... 81.00 70.75 76.35
3............................................................... 81.00 66.12 74.13
4............................................................... 81.00 61.79 71.97
5............................................................... 81.00 57.75 69.87
6............................................................... 81.00 53.97 67.84
7............................................................... 81.00 50.44 65.86
8............................................................... 81.00 47.14 63.94
9............................................................... 81.00 44.06 62.08
10.............................................................. 81.00 41.18 60.27
-----------------------------------------------
Total....................................................... 810.00 568.91 690.95
Annualized...................................................... .............. 81.00 81.00
----------------------------------------------------------------------------------------------------------------
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 this rule is $1,167. The total 10-
year (industry and government) discounted cost of this final rule is
$819.65 and the annualized cost is $116.70, both discounted at 7
percent.
Table 4--Total Costs of the Rule
----------------------------------------------------------------------------------------------------------------
Total Total, discounted
Year undiscounted -------------------------------
costs 7% 3%
----------------------------------------------------------------------------------------------------------------
1............................................................... $116.70 $109.07 $113.30
2............................................................... 116.70 101.93 110.00
3............................................................... 116.70 95.26 106.80
4............................................................... 116.70 89.03 103.69
5............................................................... 116.70 83.21 100.67
6............................................................... 116.70 77.76 97.73
7............................................................... 116.70 72.67 94.89
8............................................................... 116.70 67.92 92.12
9............................................................... 116.70 63.48 89.44
10.............................................................. 116.70 59.32 86.84
-----------------------------------------------
Total....................................................... 1,167.00 819.65 995.47
Annualized...................................................... .............. 116.70 116.70
----------------------------------------------------------------------------------------------------------------
Note: Total may not add due to rounding.
Benefits
This 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 requirement that an owner
or operator of a vessel who has received an Aquaculture Support
Operations Waiver from MARAD 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 an Aquaculture Support Operations 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 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 63425]]
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 \8\ 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.
---------------------------------------------------------------------------
\8\ 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 rule will not have a significant economic impact on a substantial
number of small entities.
C. Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, Public Law 104-121, we offered to
assist small entities in understanding this rule so that they can
better evaluate its effects on them and participate in the rulemaking.
The Coast Guard will not retaliate against small entities that question
or complain about this rule or any policy or action of the Coast Guard.
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 rule calls 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 collection, 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 rule, an owner or operator of a vessel
who is issued an Aquaculture Support Operations Waiver to conduct
certain aquaculture support operations must notify the Coast Guard that
such a waiver has been issued.
Title: Requirements for Vessels that Perform Certain Aquaculture
Support Operations.
OMB Control Number: 1625-0126.
Summary of the Collection of Information: An owner or operator of a
vessel who is issued a waiver to conduct certain aquaculture support
operations must 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 an
Aquaculture Support Operations Waiver issued by DOT under the authority
of 46 U.S.C. 12102(d)(1).
Use of Information: The Coast Guard would use this information to
enhance its maritime domain awareness and to streamline its law
enforcement activities by ensuring that Coast Guard law enforcement
officials are aware that foreign-flagged vessels or vessels with only a
registry endorsement are conducting aquaculture support activities in
U.S. waters pursuant to an Aquaculture Support Operations Waiver issued
by DOT under the authority of 46 U.S.C. 12102(d)(1).
Description of the Respondents: The respondents are owners or
operators of vessels that are issued Aquaculture Support Operations
Waivers by MARAD to conduct certain aquaculture support operations.
Number of Respondents: The number of respondents is one per year.
Frequency of Response: Aquaculture Support Operations 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 Aquaculture Support Operations 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 Aquaculture Support
Operations 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 $35.70, the annual cost burden for this
requirement is $35.70 ($35.70 loaded wage rate x 1 total entity hours).
You are not required to respond to a collection of information
unless it displays a currently valid OMB control number. OMB has not
yet completed its review of this collection. Therefore, we are not
making 46 CFR 106.115 effective until OMB completes action on our
information collection request, at which time we will publish a Federal
Register notice describing OMB's action and, if OMB grants approval,
notifying you when that provision takes effect.
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 this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements as described in E.O. 13132. Our
analysis is explained below.
This rule implements subsection 901(c) of the CGAA. Subsection
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. In paragraph 901(c)(2),
Congress granted the Coast Guard, via delegation from the Secretary,
exclusive authority to promulgate regulations that are necessary and
appropriate for permitting nonqualified vessels to perform certain
aquaculture support operations. Therefore, 46 CFR part 106 is
established within a field foreclosed from State or local regulation.
In light of the analysis above, this rule is consistent with the
principles of federalism and preemption requirements in E.O. 13132.
[[Page 63426]]
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 rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not 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 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 rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This 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 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 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, codified as a
note to 15 U.S.C. 272, 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this 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 determined that it
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. A
final environmental analysis checklist supporting this determination is
available in the docket. This rule is categorically excluded under
section 2.B.2, figure 2-1, paragraphs 34(a) and 34(d) of the
Instruction. These paragraphs respectively pertain to promulgation of
regulations that are editorial or procedural in nature, and those
concerning vessel documentation requirements. This rule entails a minor
regulatory change pertaining to vessels used in certain aquaculture
operations and the Coast Guard's notification requirements for those
vessels. Specifically, DOT has the authority to issue waivers allowing
a documented vessel with a registry endorsement or a foreign-flagged
vessel to be used in aquaculture support activities. The new part
establishes the requirement for an owner or operator of a vessel that
is issued a waiver to notify the Coast Guard. The part also establishes
operational and geographic requirements for vessels that are issued
such a waiver.
List of Subjects in 46 CFR Part 106
Aquaculture operations, Coastwise, Fishing vessels, Registry
endorsement, Waiver.
0
For the reasons discussed in the preamble, the Coast Guard amends 46
CFR by adding part 106 to read as follows:
Title 46--Shipping
PART 106--REQUIREMENTS FOR NONQUALIFIED 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).
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
an Aquaculture Support Operations Waiver by the Department of
Transportation (DOT) under 46 U.S.C. 12102(d)(1), for the purpose of
conducting aquaculture support operations.
Sec. 106.110 Definitions.
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 an Aquaculture Support Operations Waiver
by DOT's Maritime Administration (MARAD) 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 Aquaculture Support
Operations 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 MARAD-issued Aquaculture Support Operations
Waiver.
[[Page 63427]]
(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 MARAD-issued Aquaculture Support Operations
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 in U.S. waters 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(s) identified in the
waiver issued by MARAD; and
(3) Vessels will not conduct aquaculture support operations beyond
the period of time approved in the waiver issued by MARAD.
(b) Vessels conducting aquaculture support operations will, at all
times, maintain a copy of the waiver issued by MARAD on board the
vessel as proof of its eligibility to conduct aquaculture support
operations.
Sec. 106.125 Penalties.
A person who violates any requirement prescribed by the regulations
in this part is subject to penalty under 46 U.S.C. 12151.
Dated: September 9, 2016.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2016-22097 Filed 9-14-16; 8:45 am]
BILLING CODE 9110-04-P
