Maritime Regulatory Reform, 22993-22995 [2018-10539]

Agencies

• Management and Budget Office

[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Notices]
[Pages 22993-22995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10539]


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OFFICE OF MANAGEMENT AND BUDGET


Maritime Regulatory Reform

AGENCY: Office of Information and Regulatory Affairs, Office of 
Management and Budget.

ACTION: Request for information (RFI).

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SUMMARY: Consistent with Executive Order 12866 and the Regulatory Right 
to Know Act, the Office of Information and Regulatory Affairs (OIRA), 
within the Office of Management and Budget is seeking public input on 
how the Federal government may prudently manage regulatory costs 
imposed on the maritime sector. Multiple Federal agencies regulate the 
U.S. maritime sector consistent with their statutory authorities. OIRA 
seeks public comment on how existing agency requirements affecting the 
maritime sector can be modified or repealed to increase efficiency, 
reduce or eliminate unnecessary or unjustified regulatory burdens, or 
simplify regulatory compliance while continuing to meet statutory 
missions. This RFI is meant to inform agencies' development of 
regulatory reform proposals. Additionally, OIRA intends to make all 
submissions publicly available on www.regulations.gov.

[[Page 22994]]


DATES: Written comments and information are requested on or before July 
16, 2018.

ADDRESSES: Interested persons are encouraged to submit comments, 
identified by ``Maritime Regulatory Reform RFI,'' by any of the 
following methods: Federal Rulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. 
Email: [email protected]. Include ``Maritime Regulatory 
Reform RFI'' in the subject line of the message.

FOR FURTHER INFORMATION CONTACT: Shannon Joyce, Office of Information 
and Regulatory Affairs, 725 17th Street NW, Washington, DC 20503. 
Telephone: 202-395-5897.

SUPPLEMENTARY INFORMATION: 

I. Background

A. Executive Order 13771

    On January 30, 2017, the President issued Executive Order 13771, 
``Reducing Regulation and Controlling Regulatory Costs.'' That Order 
stated, ``[T]he policy of the executive branch is to be prudent and 
financially responsible in the expenditure of funds, from both public 
and private sources.'' The Order stated, ``[I]t is essential to manage 
the costs associated with the governmental imposition of private 
expenditures required to comply with Federal regulations.'' On February 
24, 2017, the President issued Executive Order 13777, ``Enforcing the 
Regulatory Reform Agenda.'' The Order, among other things, directed 
each agency to establish a Regulatory Reform Task Force (RRTF) to make 
recommendations to the agency head regarding the repeal, replacement, 
or modification of existing regulations, consistent with applicable 
law. At a minimum, each RRTF is directed to attempt to identify 
regulations that:
    (i) Eliminate jobs, or inhibit job creation;
    (ii) are outdated, unnecessary, or ineffective;
    (iii) impose costs that exceed benefits;
    (iv) create a serious inconsistency or otherwise interfere with 
regulatory reform initiatives and policies;
    (v) are inconsistent with the requirements of Information Quality 
Act, or the guidance issued pursuant to that Act, in particular those 
regulations that rely in whole or in part on data, information, or 
methods that are not publicly available or that are insufficiently 
transparent to meet the standard for reproducibility; or
    (vi) derived from or implement Executive Orders or other 
Presidential directives that have been subsequently rescinded or 
substantially modified.
    Although agencies are directed by Executive Order 12866 to 
promulgate rules ``only upon a reasoned determination that the benefits 
of the intended regulation justify its costs,'' it is difficult to 
predict all of the consequences of a rule, including its costs and 
benefits, until it has been put into place. In addition, circumstances 
surrounding a rule often change because of changes in technology, 
information availability, market conditions, or other reasons. The 
regulatory programs of two agencies may apply to the same population in 
a way that is redundant, or the programs of one agency may complicate 
compliance with the programs of another agency as an unintended 
consequence.
    To facilitate implementation of these Executive Orders in the 
maritime sector, OIRA is seeking public comment on how best to achieve 
meaningful burden reduction in the maritime sector--across all agencies 
operating in this space--while continuing to fulfill agencies' 
statutory responsibilities and objectives. OIRA is also interested in 
understanding how regulations from the United States might be better 
coordinated with the regulations and requirements of other countries, 
especially Canada and Mexico, in shared bodies of water. Although some 
agencies that regulate the maritime sector have previously sought 
regulatory reform ideas, this RFI seeks broader input on regulations 
across all agencies regulating the maritime sector. OIRA intends to 
communicate regulatory reform suggestions suggested by the public to 
the RRTFs at the appropriate federal agencies for their consideration 
and to aid the agencies in the coordination of interagency streamlining 
of regulatory requirements.

B. Definition of the Maritime Sector

    For purposes of this initiative, the maritime sector includes all 
enterprises related to maritime commerce, including: (1) Designing, 
building, acquiring, repairing, or scrapping vessels; (2) operating, 
manning, or maintaining vessels, port facilities, or shipyards; (3) 
operating shipping lines, customs brokerage services, shipping and 
freight forwarding services, or maritime activities related to resource 
extraction, renewable energy, cable laying, or marine research.
    OIRA is particularly interested in learning more about experiences 
with regulations involving cargo or passenger vessels, but welcomes any 
comment falling under the definition above.
    The maritime sector is subject to regulation by multiple federal 
agencies, including but not limited to, the Federal Maritime 
Commission, the Department of Transportation, the Department of 
Homeland Security, the Department of Defense, the Department of Labor, 
the Department of Commerce, the Environmental Protection Agency, the 
Council on Environmental Quality, and the Department of the Interior.

II. Request for Information

    OIRA seeks information from members of the public on maritime 
regulations promulgated by agencies of the Federal government. The goal 
is to identify existing rules that are inefficient, obsolete, 
unnecessary, redundant, or otherwise not justified. OIRA seeks views 
from the public on specific rules or information requirements that 
should be altered, streamlined, or eliminated.
    To allow OIRA to more effectively evaluate maritime regulatory 
reform suggestions, OIRA requests that comments include:
     Supporting data or other information such as cost 
information;
     Specific suggestions regarding repeal, replacement, or 
modification, including, if possible, citations to the relevant 
sections of the Code of Federal Regulations;
     Insight into the experiences of the regulated public 
regarding regulatory redundancy, compliance inefficiencies, outdated 
requirements, etc.;
     Information regarding difficulties for small- and medium-
sized enterprises that may not have been initially taken into 
consideration when the regulatory program was promulgated; or
     Information regarding the possibility of increased 
regulatory cooperation between the United States and foreign partners, 
especially Canada and Mexico, to relieve burden on the industry.
    OIRA provides the following list of questions to guide public 
input. This non-exhaustive list is meant to assist in the formulation 
of comments and is not intended to restrict the issues that may be 
addressed. In addressing these questions or others, OIRA requests that 
commenters specify the regulation, guidance document, or form or 
reporting requirement at issue, providing legal citation or form number 
where known and available. OIRA also requests that commenters provide, 
in as much detail as possible, an explanation of why the regulatory 
requirement should be modified, streamlined, or repealed, as well as 
specific suggestions of ways agencies can do so while achieving their 
regulatory objectives.

[[Page 22995]]

    (1) Are there regulations that have become unnecessary, 
ineffective, or are no longer justified, and if so what are they (e.g., 
vessel equipment, manning, or reporting requirements)?
    (2) Are there rules or reporting requirements that have become 
outdated and, if so, how can they be modernized to better accomplish 
their objective?
    (3) Are there requirements (e.g. flagging, certification, or 
training rules) that could be streamlined, reduced, or provided in an 
easier-to-access manner, such as online training and certification?
    (4) Are there rules from different agencies that involve similar, 
overlapping activities such as training, drills, or inspections that 
might be consolidated or coordinated to reduce the regulatory burden on 
the industry?
    (5) Are there reporting or other information collection 
requirements imposed by multiple regulatory agencies that involve 
similar, overlapping reporting that might be consolidated or 
coordinated to reduce the regulatory burden on the industry?
    (6) Are there rules or reporting requirements imposed by the United 
States and other countries--especially Canada and Mexico--that are 
inconsistent with one another to the point of creating barriers to 
commerce? Are there reporting requirements between Canada and the 
United States, particularly on the Great Lakes, that are similar to the 
point that the two countries may be able to share information, to the 
extent permissible by law, to reduce the burden on industry?
    (7) Are there rules that have not achieved their intended purpose 
or otherwise not operating as well as expected such that a modified, or 
different approach at lower cost should be considered?
    (8) Are there rules that are preventing or creating barriers to the 
adoption of new, innovative technologies in the maritime industry?
    (9) Are there rules preventing, curtailing, or causing the decision 
to outsource maritime related activities that would otherwise add value 
to the domestic economy? What types of economically beneficial maritime 
activities might be animated if these rules were abolished?
    (10) Do agencies currently collect information that they do not 
need or use effectively?
    (11) Are there regulations, reporting requirements, or regulatory 
processes that are unnecessarily complicated that could be made more 
efficient?
    (12) Are there rules or reporting requirements that have been 
overtaken by technological developments? Can new technologies be 
leveraged to modify, streamline, or do away with existing regulatory or 
reporting requirements?
    (13) How can agencies that regulate the maritime sector best reduce 
regulatory costs while achieving the agencies' statutory objectives, 
and how can they best identify those rules that might be modified, 
streamlined, or repealed?
    (14) What factors should agencies consider in selecting and 
prioritizing rules and reporting requirements for reform?
    (15) How can agencies obtain and analyze accurate, objective 
information and data about the costs and benefits of existing 
regulations? Are there existing sources of data to use to evaluate the 
current effects of regulations?
    This RFI is meant to inform agencies' development of regulatory 
reform proposals. OIRA intends to make all submissions publicly 
available on www.regulations.gov.

Neomi Rao,
Administrator, Office of Information and Regulatory Affairs.
[FR Doc. 2018-10539 Filed 5-16-18; 8:45 am]
BILLING CODE 3110-01-P