Investigation Into Conditions Created by Canadian Ballast Water Regulations in the U.S./Canada Great Lakes Trade, 6173-6175 [2022-02186]

Download as PDF Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices on the registration review case have been completed. Authority: 7 U.S.C. 136 et seq. Dated: January 27, 2022. Mary Reaves, Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs. [FR Doc. 2022–02198 Filed 2–2–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9535–01–OA] Notification of Public Meeting Environmental Protection Agency (EPA). ACTION: Notification of public meeting. AGENCY: Pursuant to the Federal Advisory Committee Act (FACA), EPA hereby provides notice of a meeting of the Local Government Advisory Committee (LGAC) and the Small Communities Advisory Subcommittee (SCAS) on the date and times described below. This meeting will be open to the public. For information on public attendance and participation, please see the registration information under SUPPLEMENTARY INFORMATION section. DATES: The SCAS will meet virtually February 17th, 2022, starting at 11:30 a.m. through 1:00 p.m. Eastern Time. The LGAC will meet virtually February 17th, 2022, starting at 2:00 p.m. through 4:30 p.m. Eastern Time. FOR FURTHER INFORMATION CONTACT: Paige Lieberman, Designated Federal Officer (DFO), at LGAC@epa.gov or 202– 564–9957. Information on Accessibility: For information on access or services for individuals requiring accessibility accommodations, please contact Paige Lieberman by email at LGAC@epa.gov. To request accommodation, please do so five (5) business days prior to the meeting, to give EPA as much time as possible to process your request. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES I. General Information Following the passage of the historic Bipartisan Infrastructure Law (BIL), the U.S. Environmental Protection Agency (EPA) will be making significant investments in the health, equity, and resilience of American communities. With unprecedented funding to support our national infrastructure, EPA will improve people’s health and safety, help create good-paying jobs, and increase climate resilience throughout the country. VerDate Sep<11>2014 18:08 Feb 02, 2022 Jkt 256001 As EPA works to implement the law, EPA has asked the LGAC for their input on the following: • How can we ensure that investments in water infrastructure promote sustainable and healthy communities? • Are there specific recommendations for how EPA can prioritize equity, environmental justice, and the lived experience of those most impacted by water pollution? • Are there technical resources or assistance that EPA can provide to help local governments upgrade their water and wastewater infrastructure? • How can EPA make funding more accessible to local governments and more adaptable to the unique needs a community faces—particularly underserved communities? • Are there specific recommendations for how EPA can include workforce development as part of the implementation of this bill? • Do you have specific recommendations for how EPA can encourage consideration of climate impacts (e.g., GHG mitigation, adaptation, resilience) in the projects funded? • Is there specific technical assistance that EPA should offer local governments to ensure they plan for, develop and build infrastructure that supports multiple community goals, including improving environmental and economic outcomes, supporting equity and environmental justice, and increasing communities’ abilities to create climate resilience? • Is there specific input you have for EPA as it develops the Clean School Bus program the in BIL? During this meeting the LGAC will present, finalize and formally adopt final recommendations for charge questions noted above. Prior to the LGAC meeting, the SCAS will convene to discuss and provide input from their perspective on the LGAC’s draft recommendations for implementation of the Bipartisan Infrastructure Law (BIL). All interested persons are invited to attend and participate. The SCAS will hear comments from the public from 12:45–1:00 p.m. (EST). The LGAC will hear comments from the public from 3:15–3:30 p.m. (EST). Individuals or organizations wishing to address the Committee or Subcommittee will be allowed a maximum of five (5) minutes to present their point of view. Also, written comments should be submitted electronically to LGAC@epa.gov for the LGAC and SCAS. Please contact the DFO at the email listed under FOR FURTHER INFORMATION CONTACT to PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 6173 schedule a time on the agenda by February 14, 2022. Time will be allotted on a first-come first-served basis, and the total period for comments may be extended if the number of requests for appearances requires it. Registration: The meeting will be held virtually through an online audio and video platform. Members of the public who wish to participate should register by contacting the Designated Federal Officer (DFO) at LGAC@epa.gov by February 11, 2022. The agenda and other supportive meeting materials will be available online at https:// www.epa.gov/ocir/local-governmentadvisory-committee-lgac and can be obtained by written request to the DFO. In the event of cancellation for unforeseen circumstances, please contact the DFO or check the website above for reschedule information. Julian Bowles, Director, State and Local Relations, Office of Congressional and Intergovernmental Relations. [FR Doc. 2022–02300 Filed 2–2–22; 8:45 am] BILLING CODE 6560–50–P FEDERAL MARITIME COMMISSION [Docket No. 20–10; Petition No. P1–20] Investigation Into Conditions Created by Canadian Ballast Water Regulations in the U.S./Canada Great Lakes Trade Federal Maritime Commission. Request for comments. AGENCY: ACTION: Because of developments within Canada and the United States, the Federal Maritime Commission (Commission) is seeking additional public comments on a petition filed by the Lake Carriers’ Association (Petitioner) alleging that conditions created by the Government of Canada (Canada) are unfavorable to shipping in the United States/Canada trade. DATES: Submit comments on or before March 7, 2022. ADDRESSES: You may submit comments, identified by Docket No. 20–10, by the following method: • Email: secretary@fmc.gov. For comments, include in the subject line: ‘‘Docket No. 20–10, Comments on Conditions Created by Canadian Ballast Water Regulations in the U.S./Canada Great Lakes Trade.’’ Comments should be attached to the email as a Microsoft Word or text searchable PDF document. Docket: For access to the docket to read background documents or public comments received, go to the Commission’s Electronic Reading Room SUMMARY: E:\FR\FM\03FEN1.SGM 03FEN1 6174 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices at: www2.fmc.gov/readingroom/ proceeding/20-10/. Unless otherwise directed by the commenter, all comments will be treated as confidential under 46 U.S.C. 42105 and 46 CFR 550.104. FOR FURTHER INFORMATION CONTACT: For questions regarding submitting comments or the treatment of confidential information, contact William Cody, Secretary; Phone: (202) 523–5725; Email: secretary@fmc.gov. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES I. Introduction On March 6, 2020, the Lake Carriers’ Association (Petitioner), a trade association made up of U.S. owners and operators of vessels serving the Great Lakes (Lakers), filed a petition alleging that conditions created by Transport Canada, an agency of the Government of Canada, are unfavorable to shipping in the United States/Canada trade, pursuant to Section 19(1)(b) of the Merchant Marine Act, 1920 (Section 19) codified in 46 U.S.C. 42101. Section 19 authorizes the Federal Maritime Commission (Commission) to investigate these conditions and to adopt regulations to ‘‘adjust or meet general or special conditions unfavorable to shipping in foreign trade’’. In this instance, the Petitioner requested that the Commission adopt regulations in order to remedy a condition it alleges will result in irreparable harm to Petitioner’s members which are U.S. flag owners and operators of vessels on the Great Lakes. Specifically, Petitioner argued that then-proposed regulations by Transport Canada which require the installation of ballast water management systems (BWMS) on Laker vessels serve no environmental purpose and because the cost of compliance is prohibitively high for U.S. vessels, Petitioner suggests that the real purpose of the regulations is to drive out U.S. vessels from this trade. Petitioner asked the Commission to issue a regulation to meet the unfair competitive conditions created by Transport Canada based on a finding that the Canadian regulations create conditions unfavorable to the Petitioners. Petitioner provided a proposed regulation that would assess a fee of 300,000.00 U.S. dollars each time a Canadian vessel enters any U.S. port. On June 16, 2020, the Commission issued a Notice of Investigation and Request for Comments (Notice). In the Notice, the Commission concluded the petition met the threshold requirements for consideration under the Commission’s regulations and initiated VerDate Sep<11>2014 18:08 Feb 02, 2022 Jkt 256001 an investigation into whether the proposed Transport Canada regulations create unfavorable conditions to shipping in the foreign trade of the United States. Notice of Investigation and Request for Comments: Canada Ballast Water 85 FR 37453 (June 22, 2020). The Commission designated the Deputy Managing Director to lead an investigation into the Petitioner’s allegations and to prepare a report on the investigation’s findings and recommendations for Commission consideration. Id at 37454. As an initial step in the investigation, the Commission requested that interested persons submit views, arguments and/or data on the Petition. Between June 22, 2020, and July 22, 2020, the Commission received 21 comments. Id. The majority of comments received by the Commission supported the Petition and a small minority opposed. One main objection to the petition, raised by the Embassy of Canada in Washington, DC,1 was that the regulatory process was ongoing, and, because the proposed regulations by Transport Canada were not final, any Commission action would be premature. II. Additional Developments Since the issuance of the June 2020 Notice and the subsequent receipt of comments, there have been developments which impact the Commission’s consideration of the Petition including proposed rules within the United States and the finalization of the Canadian rule. On October 26, 2020, the Environmental Protection Agency (EPA), published a Notice of Proposed Rulemaking, Vessel Incidental Discharge National Standards of Performance, in the Federal Register. See Notice of Proposed Rulemaking: Vessel Incidental Discharge National Standards of Performance, 85 FR 67818 (October 26, 2020). Like the proposed Canadian rule, the EPA’s proposed rule intends to reduce the environmental impact of vessel discharges, such as ballast water. Though similar in intent, the EPA’s approach to Great Lakes ballast water in their proposed rule did not align with the proposed Canadian approach and will not have an effect on the U.S. Great Lakes fleet. The Notice of Proposed Rulemaking required that comments be received on or before November 25, 2020. The EPA’s next 1 Unless otherwise directed by the commenter, all the comments received were treated as confidential. The Embassy of Canada requested that its comments not be treated as confidential, and they are available in the FMC reading room, https:// www2.fmc.gov/readingroom/proceeding/20-10/. PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 action is not expected until sometime in 2022. On June 23, 2021, Transport Canada issued its final rule. The general approach to the regulation of Great Lakes ballast water did not change. However, while the effective date of the final rule remains 2024, the rule delayed implementation until 2030 for vessels built prior to January 1, 2009. III. Investigation and Additional Request for Comments The Commission is continuing to investigate whether the proposed Transport Canada regulations create unfavorable conditions to shipping in the foreign trade of the United States. The Deputy Managing Director position no longer exists, and the Commission has therefore designated the General Counsel to lead the ongoing investigation into the Petitioner’s allegations and to prepare a report on the investigation’s findings and recommendations for Commission consideration. Considering the developments noted earlier, the Commission desires additional information. Thus, in furtherance of this investigation interested persons are requested to submit views, arguments and/or data on the Petition no later than 30 days after this publication. Submitted comments may address any aspect of the petition, but the Commission is specifically interested in comments on the following topics: A. The application of the final Canadian regulation. The Commission believes that a majority of the U.S. flagged commercial vessels operating on the Great Lakes were built prior to 2009. The Commission seeks more information about the specific number of U.S. vessels to which the Canadian rule will apply, and the timing for when the Canadian rule will apply to those vessels. Pre-2009: How many U.S. flag vessels operating on the Great Lakes in the U.S./ Canada trade were built prior to January 1, 2009? Post-2009: How many U.S. flag vessels operating on the Great Lakes in the U.S./Canada trade were built in 2009 or later? Historical Trade: For both categories of vessels, what is the amount or percent of their historical and anticipated Canadian trade relative to their U.S. trade? Please specify the measure used to quantify the answer, for example is the measure based on the value of goods/revenue, the number of port calls, or any other metric. Canada/U.S. Flagged: What amount or percent of the historical trade is carried by U.S. flagged vessels and what E:\FR\FM\03FEN1.SGM 03FEN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices percent is carried by Canadian flagged vessels? Please specify the metrics used to quantify the answer. B. The impact of the final Canadian regulation. The Commission believes that the phased implementation of the Canadian rule could delay, and possibly eliminate, the impacts of the rule on a portion of U.S. flagged vessels. The Commission seeks specific information about the types of impacts and the timing of those impacts relative to the 2024 and 2030 implementation dates. The Commission also seeks information about the overall impact, if any, of final Canadian regulation on the Commission’s consideration of the Petition: Contractual Impacts: Will the final Canadian regulation affect the ability of U.S. flag vessels to negotiate contracts for the U.S./Canada trade? What are the specific or estimated economic impacts? When will any economic impacts first be realized? Repair/Design Impacts: At what date will affected U.S. flag vessels be impacted by vessel repair/design considerations in order to achieve compliance with the Canadian regulations? What are the estimated costs of compliance under the final Canadian regulation? Business Model: Will the final Canadian rule drive any changes in business models for U.S. flagged vessels? For any impacts identified above, please be specific as to when an economic impact will present and upon what data the impact is based. Please identify any distinctions in impacts based on type of cargo, vessel, expiration date of contract, implementation date of proposed contract or type of carriage agreement. C. Other considerations. The Commission’s role in this investigation is solely to determine if there exist ‘‘conditions unfavorable to shipping in foreign trade’’ under 46 U.S.C. 41201. In making this determination there are other matters that may be outside the control or the authority of the Commission but nevertheless should be considered during the Commission’s investigation and recommendations. EPA Rule: How should the Commission consider the status of the EPA’s proposed rule? International Convention: Is the 2004 Ballast Water Management Convention (International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004) relevant to this Petition? Is the Canadian rule required or optional under the Convention? Have other parties to the Convention enacted a similar provision? VerDate Sep<11>2014 18:08 Feb 02, 2022 Jkt 256001 Developments: What industry or scientific developments have an impact on this Petition? Have there been any relevant developments since the Commission’s initial request for comments in June 2020? Changes: Have any of the analyses or projections provided to the Commission by the Petitioner changed? If so, provide the Commission with any data that has changed since the filing of the Petition and that has not been captured through answers to the questions above. D. Commission’s future actions. The Commission’s investigation is ongoing and will consider all relevant information and potential actions, including: Other Information: Do other sources of relevant information or data exist that should be considered? Where is that information/data located? Fee: The original petition requested that the Commission issue a regulation that would assess a fee of 300,000.00 U.S. dollars each time a Canadian vessel enters any U.S. port. Is this request still valid and are there other corrective actions that should be considered, including requests to other agencies under 46 U.S.C. 42102(a)? Comments in response to the questions above, or other feedback, should include objectively quantifiable data to back up any numerical or statistical information provided rather than generalized information/arguments for or against the petition. By the Commission. Issued: January 28, 2022. William Cody, Secretary. [FR Doc. 2022–02186 Filed 2–2–22; 8:45 am] BILLING CODE 6730–02–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS–10036] Agency Information Collection Activities: Proposed Collection; Comment Request Centers for Medicare & Medicaid Services, Health and Human Services (HHS). ACTION: Notice. AGENCY: The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS’ intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the SUMMARY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 6175 PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency’s functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden. DATES: Comments must be received by April 4, 2022. ADDRESSES: When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways: 1. Electronically. You may send your comments electronically to http:// www.regulations.gov. Follow the instructions for ‘‘Comment or Submission’’ or ‘‘More Search Options’’ to find the information collection document(s) that are accepting comments. 2. By regular mail. You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs, Division of Regulations Development, Attention: Document Identifier/OMB Control Number: ll, Room C4–26–05, 7500 Security Boulevard, Baltimore, Maryland 21244–1850. To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following: 1. Access CMS’ website address at website address at https://www.cms.gov/ Regulations-and-Guidance/Legislation/ PaperworkReductionActof1995/PRAListing. FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786–4669. SUPPLEMENTARY INFORMATION: Contents This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection’s supporting statement and associated materials (see ADDRESSES). E:\FR\FM\03FEN1.SGM 03FEN1

Agencies

[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6173-6175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02186]


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FEDERAL MARITIME COMMISSION

[Docket No. 20-10; Petition No. P1-20]


Investigation Into Conditions Created by Canadian Ballast Water 
Regulations in the U.S./Canada Great Lakes Trade

AGENCY: Federal Maritime Commission.

ACTION: Request for comments.

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

SUMMARY: Because of developments within Canada and the United States, 
the Federal Maritime Commission (Commission) is seeking additional 
public comments on a petition filed by the Lake Carriers' Association 
(Petitioner) alleging that conditions created by the Government of 
Canada (Canada) are unfavorable to shipping in the United States/Canada 
trade.

DATES: Submit comments on or before March 7, 2022.

ADDRESSES: You may submit comments, identified by Docket No. 20-10, by 
the following method:
     Email: [email protected]. For comments, include in the 
subject line: ``Docket No. 20-10, Comments on Conditions Created by 
Canadian Ballast Water Regulations in the U.S./Canada Great Lakes 
Trade.'' Comments should be attached to the email as a Microsoft Word 
or text searchable PDF document.
    Docket: For access to the docket to read background documents or 
public comments received, go to the Commission's Electronic Reading 
Room

[[Page 6174]]

at: www2.fmc.gov/readingroom/proceeding/20-10/.
    Unless otherwise directed by the commenter, all comments will be 
treated as confidential under 46 U.S.C. 42105 and 46 CFR 550.104.

FOR FURTHER INFORMATION CONTACT: For questions regarding submitting 
comments or the treatment of confidential information, contact William 
Cody, Secretary; Phone: (202) 523-5725; Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    On March 6, 2020, the Lake Carriers' Association (Petitioner), a 
trade association made up of U.S. owners and operators of vessels 
serving the Great Lakes (Lakers), filed a petition alleging that 
conditions created by Transport Canada, an agency of the Government of 
Canada, are unfavorable to shipping in the United States/Canada trade, 
pursuant to Section 19(1)(b) of the Merchant Marine Act, 1920 (Section 
19) codified in 46 U.S.C. 42101. Section 19 authorizes the Federal 
Maritime Commission (Commission) to investigate these conditions and to 
adopt regulations to ``adjust or meet general or special conditions 
unfavorable to shipping in foreign trade''. In this instance, the 
Petitioner requested that the Commission adopt regulations in order to 
remedy a condition it alleges will result in irreparable harm to 
Petitioner's members which are U.S. flag owners and operators of 
vessels on the Great Lakes.
    Specifically, Petitioner argued that then-proposed regulations by 
Transport Canada which require the installation of ballast water 
management systems (BWMS) on Laker vessels serve no environmental 
purpose and because the cost of compliance is prohibitively high for 
U.S. vessels, Petitioner suggests that the real purpose of the 
regulations is to drive out U.S. vessels from this trade. Petitioner 
asked the Commission to issue a regulation to meet the unfair 
competitive conditions created by Transport Canada based on a finding 
that the Canadian regulations create conditions unfavorable to the 
Petitioners. Petitioner provided a proposed regulation that would 
assess a fee of 300,000.00 U.S. dollars each time a Canadian vessel 
enters any U.S. port.
    On June 16, 2020, the Commission issued a Notice of Investigation 
and Request for Comments (Notice). In the Notice, the Commission 
concluded the petition met the threshold requirements for consideration 
under the Commission's regulations and initiated an investigation into 
whether the proposed Transport Canada regulations create unfavorable 
conditions to shipping in the foreign trade of the United States. 
Notice of Investigation and Request for Comments: Canada Ballast Water 
85 FR 37453 (June 22, 2020). The Commission designated the Deputy 
Managing Director to lead an investigation into the Petitioner's 
allegations and to prepare a report on the investigation's findings and 
recommendations for Commission consideration. Id at 37454.
    As an initial step in the investigation, the Commission requested 
that interested persons submit views, arguments and/or data on the 
Petition. Between June 22, 2020, and July 22, 2020, the Commission 
received 21 comments. Id. The majority of comments received by the 
Commission supported the Petition and a small minority opposed. One 
main objection to the petition, raised by the Embassy of Canada in 
Washington, DC,\1\ was that the regulatory process was ongoing, and, 
because the proposed regulations by Transport Canada were not final, 
any Commission action would be premature.
---------------------------------------------------------------------------

    \1\ Unless otherwise directed by the commenter, all the comments 
received were treated as confidential. The Embassy of Canada 
requested that its comments not be treated as confidential, and they 
are available in the FMC reading room, https://www2.fmc.gov/readingroom/proceeding/20-10/.
---------------------------------------------------------------------------

II. Additional Developments

    Since the issuance of the June 2020 Notice and the subsequent 
receipt of comments, there have been developments which impact the 
Commission's consideration of the Petition including proposed rules 
within the United States and the finalization of the Canadian rule.
    On October 26, 2020, the Environmental Protection Agency (EPA), 
published a Notice of Proposed Rulemaking, Vessel Incidental Discharge 
National Standards of Performance, in the Federal Register. See Notice 
of Proposed Rulemaking: Vessel Incidental Discharge National Standards 
of Performance, 85 FR 67818 (October 26, 2020). Like the proposed 
Canadian rule, the EPA's proposed rule intends to reduce the 
environmental impact of vessel discharges, such as ballast water. 
Though similar in intent, the EPA's approach to Great Lakes ballast 
water in their proposed rule did not align with the proposed Canadian 
approach and will not have an effect on the U.S. Great Lakes fleet. The 
Notice of Proposed Rulemaking required that comments be received on or 
before November 25, 2020. The EPA's next action is not expected until 
sometime in 2022.
    On June 23, 2021, Transport Canada issued its final rule. The 
general approach to the regulation of Great Lakes ballast water did not 
change. However, while the effective date of the final rule remains 
2024, the rule delayed implementation until 2030 for vessels built 
prior to January 1, 2009.

III. Investigation and Additional Request for Comments

    The Commission is continuing to investigate whether the proposed 
Transport Canada regulations create unfavorable conditions to shipping 
in the foreign trade of the United States. The Deputy Managing Director 
position no longer exists, and the Commission has therefore designated 
the General Counsel to lead the ongoing investigation into the 
Petitioner's allegations and to prepare a report on the investigation's 
findings and recommendations for Commission consideration. Considering 
the developments noted earlier, the Commission desires additional 
information. Thus, in furtherance of this investigation interested 
persons are requested to submit views, arguments and/or data on the 
Petition no later than 30 days after this publication. Submitted 
comments may address any aspect of the petition, but the Commission is 
specifically interested in comments on the following topics:
    A. The application of the final Canadian regulation. The Commission 
believes that a majority of the U.S. flagged commercial vessels 
operating on the Great Lakes were built prior to 2009. The Commission 
seeks more information about the specific number of U.S. vessels to 
which the Canadian rule will apply, and the timing for when the 
Canadian rule will apply to those vessels.
    Pre-2009: How many U.S. flag vessels operating on the Great Lakes 
in the U.S./Canada trade were built prior to January 1, 2009?
    Post-2009: How many U.S. flag vessels operating on the Great Lakes 
in the U.S./Canada trade were built in 2009 or later?
    Historical Trade: For both categories of vessels, what is the 
amount or percent of their historical and anticipated Canadian trade 
relative to their U.S. trade? Please specify the measure used to 
quantify the answer, for example is the measure based on the value of 
goods/revenue, the number of port calls, or any other metric.
    Canada/U.S. Flagged: What amount or percent of the historical trade 
is carried by U.S. flagged vessels and what

[[Page 6175]]

percent is carried by Canadian flagged vessels? Please specify the 
metrics used to quantify the answer.
    B. The impact of the final Canadian regulation. The Commission 
believes that the phased implementation of the Canadian rule could 
delay, and possibly eliminate, the impacts of the rule on a portion of 
U.S. flagged vessels. The Commission seeks specific information about 
the types of impacts and the timing of those impacts relative to the 
2024 and 2030 implementation dates. The Commission also seeks 
information about the overall impact, if any, of final Canadian 
regulation on the Commission's consideration of the Petition:
    Contractual Impacts: Will the final Canadian regulation affect the 
ability of U.S. flag vessels to negotiate contracts for the U.S./Canada 
trade? What are the specific or estimated economic impacts? When will 
any economic impacts first be realized?
    Repair/Design Impacts: At what date will affected U.S. flag vessels 
be impacted by vessel repair/design considerations in order to achieve 
compliance with the Canadian regulations? What are the estimated costs 
of compliance under the final Canadian regulation?
    Business Model: Will the final Canadian rule drive any changes in 
business models for U.S. flagged vessels?
    For any impacts identified above, please be specific as to when an 
economic impact will present and upon what data the impact is based. 
Please identify any distinctions in impacts based on type of cargo, 
vessel, expiration date of contract, implementation date of proposed 
contract or type of carriage agreement.
    C. Other considerations. The Commission's role in this 
investigation is solely to determine if there exist ``conditions 
unfavorable to shipping in foreign trade'' under 46 U.S.C. 41201. In 
making this determination there are other matters that may be outside 
the control or the authority of the Commission but nevertheless should 
be considered during the Commission's investigation and 
recommendations.
    EPA Rule: How should the Commission consider the status of the 
EPA's proposed rule?
    International Convention: Is the 2004 Ballast Water Management 
Convention (International Convention for the Control and Management of 
Ships' Ballast Water and Sediments, 2004) relevant to this Petition? Is 
the Canadian rule required or optional under the Convention? Have other 
parties to the Convention enacted a similar provision?
    Developments: What industry or scientific developments have an 
impact on this Petition? Have there been any relevant developments 
since the Commission's initial request for comments in June 2020?
    Changes: Have any of the analyses or projections provided to the 
Commission by the Petitioner changed? If so, provide the Commission 
with any data that has changed since the filing of the Petition and 
that has not been captured through answers to the questions above.
    D. Commission's future actions. The Commission's investigation is 
ongoing and will consider all relevant information and potential 
actions, including:
    Other Information: Do other sources of relevant information or data 
exist that should be considered? Where is that information/data 
located?
    Fee: The original petition requested that the Commission issue a 
regulation that would assess a fee of 300,000.00 U.S. dollars each time 
a Canadian vessel enters any U.S. port. Is this request still valid and 
are there other corrective actions that should be considered, including 
requests to other agencies under 46 U.S.C. 42102(a)?
    Comments in response to the questions above, or other feedback, 
should include objectively quantifiable data to back up any numerical 
or statistical information provided rather than generalized 
information/arguments for or against the petition.

    By the Commission.

    Issued: January 28, 2022.
William Cody,
Secretary.
[FR Doc. 2022-02186 Filed 2-2-22; 8:45 am]
BILLING CODE 6730-02-P