User Fees for Inspected Towing Vessels, 89595-89608 [2023-28112]
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations
EPA-APPROVED NEW YORK STATE REGULATIONS AND LAWS
State citation
Title/subject
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Title 6, Part 202, Subpart
202–2.
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Coast Guard
46 CFR Part 2
[Docket No. USCG–2018–0538]
RIN 1625–AC55
User Fees for Inspected Towing
Vessels
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is updating
its user fees for seagoing towing vessels
that are 300 gross tons or more and
revising user fees for other inspected
towing vessels. The Coast Guard is
issuing these updates because it is
required to establish and maintain a fair
fee for its vessel inspection services and
to separate the fees for inspection
options that involve third-party auditors
and surveyors from inspection options
that do not involve third parties. Under
this final rule, owners and operators of
vessels using the Alternate Compliance
Program, Streamlined Inspection
Program, or the Towing Safety
Management System options will pay a
lower fee than vessels that use the
traditional Coast Guard inspection
option.
SUMMARY:
This final rule is effective March
27, 2024.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0538 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
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For
information about this document call or
email Ms. Jennifer Hnatow, Coast
Guard; telephone 202–372–1216, email
Jennifer.L.Hnatow@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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I. Abbreviations
II. Basis and Purpose
A. The Problem We Seek To Address
B. Legal Authority To Address This
Problem
C. Recent Legislation
III. Background
A. Origins of Annual Vessel Inspection
Fees
B. Current Fees for Towing Vessels Subject
to 46 CFR Subchapters I and M
IV. Discussion of Comments and Changes
V. Discussion of the Rule
A. Categories of Annual Fees
B. Amending Annual Inspection Fees for
Seagoing Towing Vessels Subject to 46
CFR Subchapter I
C. Establishing Specific Annual Inspection
Fees for Towing Vessels Subject to 46
CFR Subchapter M
D. Methodology for Calculating Fees
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
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
ACP Alternate Compliance Program
CAA 2022 Consolidated Appropriations Act
of 2022
CGAA 2018 Frank LoBiondo Coast Guard
Authorization Act of 2018
CG–CVC Office of Commercial Vessel
Compliance
COI Certificate of Inspection
DAPI Drug and Alcohol Program Inspector
DHS Department of Homeland Security
FR Federal Register
FRFA Final Regulatory Flexibility Analysis
FTE Full-Time Equivalent
ICR Information Collection Request
IRFA Initial Regulatory Flexibility Analysis
MISLE Marine Information for Safety and
Law Enforcement
MTSA Maritime Transportation Security
Act
NAICS North American Industry
Classification System
NPRM Notice of proposed rulemaking
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Comments
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• EPA approval finalized at [insert Federal
Register citation].
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Table of Contents for Preamble
DEPARTMENT OF HOMELAND
SECURITY
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SUPPLEMENTARY INFORMATION:
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ACTION:
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OMB Office of Management and Budget
RFA Regulatory Flexibility Act
SBA Small Business Administration
§ Section
SIP Streamlined Inspection Program
SSM Sector Staffing Model
TSMS Towing Safety Management System
TVNCOE Towing Vessel National Center of
Expertise
U.S.C. United States Code
II. Basis and Purpose
In this section, the Coast Guard
identifies the problem we intend to
address, the well-established statutory
authority that enables us to issue this
final rule, and the recent legislation that
provides additional authority for this
rulemaking.
A. The Problem We Seek To Address
On June 20, 2016, the Coast Guard
published a final rule titled ‘‘Inspection
of Towing Vessels’’ (81 FR 40003), in
which we stated our plan to begin a
rulemaking for annual inspection fees
for towing vessels. The updated annual
inspection fees in this final rule reflect
the program’s costs for two options for
towing vessels to document compliance
for obtaining a Certificate of Inspection
(COI): 1 the Coast Guard option and the
Towing Safety Management System
(TSMS) option.2 As indicated in the
2016 final rule, the existing default fee
of $1,030 was identified as the annual
inspection fee for towing vessels subject
to 46 CFR subchapter M until new rates
were established. The existing fee of
$1,030 is found in 46 CFR 2.10–101 and
applies to any inspected vessel not
listed in table 2.10–101.3
In addition to towing vessels subject
to subchapter M that are required to
obtain COIs, towing vessels that qualify
as seagoing motor vessels (300 gross
tons or more) are required to have COIs
under regulations in 46 CFR, chapter I,
1 See 46 CFR 136.130—Options for documenting
compliance to obtain a Certificate of Inspection.
2 The TSMS option is a voluntary inspection
option that permits qualified third-party
organizations to conduct certain vessel
examinations in place of Coast Guard inspections.
See 46 CFR part 138—Towing Safety Management
System (TSMS).
3 See 81 FR 40005. We discuss a recent statutory
exception for TSMS-option vessels below.
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subchapter I for cargo and
miscellaneous vessels.4 The Coast
Guard set the annual inspection fee for
these towing vessels at $2,915 in 1995,
and this figure has never been updated.5
On January 11, 2022, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘User Fees for Inspected
Towing Vessels’’ (87 FR 1378). Having
considered comments submitted in
response to that NPRM, we are issuing
this final rule to update inspection fees
for subchapter M and I towing vessels.
B. Legal Authority To Address This
Problem
The Coast Guard is issuing this final
rule based on authority in Section 2110
of Title 46 of the United States Code
(U.S.C.) (46 U.S.C. 2110), which has
been delegated to the Commandant
under Department of Homeland
Security (DHS) Delegation No.
00170.1(II)(92), Revision 01.3. These
provisions direct the Coast Guard to
establish a fee or charge for inspections
and related services described in 46
U.S.C. 2110(a)(1). Under the law, the
Coast Guard is required to establish a
fee for its inspection services that is fair
and based on costs to the Government,
the value to the recipient, and public
interest. The law also requires that we
review the costs of inspecting towing
vessels for the Government using the
Coast Guard option or a third-party
option, and revise such fees if there is
a difference.
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C. Recent Legislation
On December 4, 2018, Congress
enacted the Frank LoBiondo Coast
Guard Authorization Act of 2018 (CGAA
2018).6 Section 815 of the CGAA 2018
directs the Coast Guard to review and
revise the fees for towing vessel
inspections. First, the Coast Guard must
compare the costs to the Government for
towing vessel inspections performed by
the Coast Guard and towing vessel
inspections performed by a third party
to determine if the costs are different.
The Coast Guard interprets ‘‘costs to the
Government’’ in Section 815(a) to mean
the cost to the Coast Guard for providing
inspection and related services to
determine whether a vessel meets
requirements to maintain its COI. If
there is a difference in costs, Section
4 See 46 CFR 2.01–7 and 90.05–1. Under 46
U.S.C. 3301, seagoing motor vessels are subject to
inspection. Towing vessels are motor vessels
(vessels propelled by machinery other than steam),
and they fall within the definition of ‘‘seagoing
motor vessel’’ if they are at least 300 gross tons and
make voyages beyond the Boundary Line. See
definitions in 46 U.S.C. 2101.
5 See 60 FR 13550, March 13, 1995; 46 CFR 2.10–
101.
6 Public Law 115–282, 132 Stat. 4192.
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815 of the CGAA 2018 directs us to
revise the fee we assess for such
inspections to conform to 31 U.S.C.
9701, and to base the fee on the cost to
the Government. We have conducted
that comparison and determined that
there is a difference in costs to the
Government between the inspection
options for towing vessels that involve
a third party and for those that do not
and will revise the fees for these
inspections as a result.
On March 15, 2022, Congress enacted
the Consolidated Appropriations Act of
2022 (CAA 2022).7 Section 231 of the
CAA 2022 prohibits the Coast Guard
from charging inspection user fees for
towing vessels using the TSMS option
until the requirements of Section 815 of
the CGAA 2018 are met.8 Thus, the
intent of this final rule is to meet those
requirements of Section 815 of the
CGAA 2018 by updating its inspection
fees for its Alternate Compliance
Program (ACP), Streamlined Inspection
Program (SIP), and the TSMS option.
Until the Coast Guard implements this
final rule and updates to the inspection
fees become effective, our agency will
not charge TSMS option towing vessels
an inspection user fee.
III. Background
A. Origins of Annual Vessel Inspection
Fees
The provisions of 46 U.S.C. 2110
require the establishment and collection
of user fees for Coast Guard services
provided under Subtitle II of Title 46,
United States Code. On March 13, 1995,
the Coast Guard published the final rule
on ‘‘Direct User Fees for Inspection or
Examination of U.S. and Foreign
Commercial Vessels.’’ 9 The fees in that
final rule were intended to recover the
costs associated with providing Coast
Guard vessel inspection services
directly or through an alternative
reinspection program, although the
alternative reinspection program only
applied to certain offshore supply
vessels. The final rule established user
fees for services related to commercial
vessel inspection including annual fees
for seagoing towing vessels.
On June 20, 2016, the Coast Guard
published the ‘‘Inspection of Towing
Vessels’’ final rule, in which we
indicated that, in a subsequent
rulemaking, we would establish specific
fees that would reflect program costs
associated with the TSMS and Coast
Guard inspection options for obtaining
COIs. We stated that until those specific
7 Public
Law 117–103, 136 Stat. 325.
Sec. 231 of CAA 2020, Public Law 117–103,
136 Stat. 325.
9 60 FR 13550.
8 See
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fees were established, the annual
inspection fee for towing vessels subject
to 46 CFR subchapter M would be the
existing fee of $1,030 in 46 CFR 2.10–
101 for any inspected vessel not listed
in table 2.10–101.10
B. Current Fees for Towing Vessels
Subject to 46 CFR Subchapters I and M
With the noted exception of towing
vessels using the TSMS-option, the
Coast Guard currently charges an annual
vessel inspection fee for U.S. and
foreign vessels requiring a COI,
following the fee schedule set in 46 CFR
2.10–101.11 The current fee for seagoing
towing vessels inspected under
subchapter I is $2,915 for all inspection
options—the Coast Guard, the ACP, and
the SIP. The current fee for towing
vessels inspected under all inspection
options under 46 CFR subchapter M is
$1,030, which is the fee for ‘‘[a]ny vessel
not listed in this table.’’ As stated above,
TSMS fees are not currently being
charged, and will not be charged until
this final rule is published.
IV. Discussion of Comments and
Changes
In response to the NPRM we
published January 11, 2022, we received
13 written submissions (plus one
duplicate) to our docket. In total, there
are 35 comments in response to the
proposed rule. These written
submissions are available in the public
docket for this rulemaking, where
indicated under ADDRESSES or use the
direct link https://www.regulations.gov/
docket/USCG-2018-0538. The Coast
Guard appreciates the comments from
the public, as these insights continue to
inform Coast Guard actions and
programs. Below we summarize the
comments and our responses.
The Coast Guard received a number of
comments about the proposed fees.
Some commenters stated that the
proposed fees provided no incentive for
choosing the TSMS option, and that the
TSMS user fee was unfair due to the
third-party costs associated with that
option. Some commenters said that the
TSMS option offers increased safety,
which actually reduces the Coast Guard
burden, so this should lead to lower
fees. Several commenters requested that
the Coast Guard option user fee remain
$1,030. One commenter recommended a
10 See
81 FR at 40005.
46 CFR 2.01–6(b), foreign vessels from
countries which are nonsignatory to the
International Convention for the Safety of Life at
Sea, 1974, are issued a COI, if the inspector
approves the vessel and its equipment as described
in § 2.01–5. We have records of COIs issued to
foreign vessels in our Marine Information for Safety
and Law Enforcement (MISLE) database, but no
records of a COI issued to a foreign towing vessel.
11 Under
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reduction of the user fees for both TSMS
option vessels and Coast Guard option
vessels.
After considering these comments, we
retain the user fees proposed in the
NPRM for this final rule. Our reasons
are as follows. The law requires the
Coast Guard to establish a fee for its
inspection services and the fees must be
fair and based on the costs to the
Government, value to the recipient, and
public interest. See 31 U.S.C. 9701. In
addition, Section 815 of the CGAA 2018
requires the Coast Guard to review the
costs to the Government of Coast Guard
and third-party inspections for towing
vessels. If there is a difference in the
costs to the Government, we must revise
the annual inspection fees set by the
Coast Guard for towing vessels. To
revise the fees, we must comply with
the same fee-establishing requirements
in 31 U.S.C. 9701. The user fee amounts
we set are based on the direct and
indirect costs for the Coast Guard to
perform specific vessel inspection
activities. The ‘‘Cost Study to Determine
User Fees for Inspected Towing
Vessels,’’ available in the docket where
indicated under the ADDRESSES section
of this preamble, explains in detail how
we determine direct and indirect costs
and calculate user fees. In developing
the Cost Study, Coast Guard program,
budget, and field offices 12 specified the
cost model elements, provided the data
sources, and validated the methodology
used to determine towing vessel user
fees, as well as the study results.
Furthermore, the user fees vary
because the frequency of inspections
and the times for inspection activities
vary based on vessel class and
inspection option. Selecting the TSMS
or Coast Guard inspection option is a
business decision by the vessel owner or
operator.
Currently, owners and operators of
about 70 percent of subchapter M
inspected towing vessels with a COI
have chosen the TSMS option while 30
percent of COIs for subchapter M
inspected towing vessels are issued
under the traditional Coast Guard
option. This number has not
substantially changed since the
implementation of the 2016 ‘‘Inspection
of Towing Vessels’’ final rule and the
first COIs were issued in 2017. The user
fees for the TSMS option account for the
12 Coast Guard offices and units involved in the
Cost Study development include the—Office of
Commercial Vessel Compliance (CG–CVC), Office of
Standards Evaluation and Development (CG–REG),
Office of Resource Management (CG–83) (formerly
CG–DCO–83), Office of Shore Forces (CG–741),
Towing Vessel National Center of Expertise
(TVNCOE), Finance Center (FINCEN) and Marine
Safety Unit Paducah, Kentucky.
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cost to the Government to provide
inspections services for this vessel class
and inspection option. A vessel owner
or operator who selects the TSMS
option is making a business decision
that should account for the cost to
contract with a third-party organization.
For these reasons, there are no changes
to the final rule in response to the
comments on the proposed fees.
Several commenters stated that the
Cost Study is flawed. We received
comments indicating that the fees are
duplicative, excessive, do not accurately
reflect the Coast Guard workload, and
do not represent the commenters’
observed experience.
The Coast Guard disagrees. The fees
we proposed for the Coast Guard option
and TSMS option accurately estimate
the cost to the Government to provide
our inspection services. The Cost Study
explains how we determine direct and
indirect costs. We derive the user fee
from the cost to the Coast Guard to
perform a specific set of vessel
inspection activities. The time it takes to
perform any specific inspection activity
includes more than just the observed
time or ‘‘boots on deck’’ time on a
vessel. A typical inspection involves
pre-inspection activities (for example,
identifying vessel type, safety
requirements, and vessel history), inperson assessment activities (for
example, verifying the integrity of
vessel’s hull and presence of
appropriate safety equipment, and
assessing proper operation of electrical
and mechanical equipment), and followup activities (for example, reporting
identified deficiencies, updating vessel
data into the Coast Guard’s Coast
Guard’s Marine Information for Safety
and Law Enforcement (MISLE) system,
and verifying deficiency rectification).
The Coast Guard periodically
validates the duration of these vessel
inspection activity times. Concurrent
inspection activities are allocated less
time than the primary inspection
activities because concurrent inspection
activities are conducted together.
Additionally, unlike primary inspection
activities, concurrent inspection
activities are not allocated travel time
credit. Because the time for primary
inspection activities is recorded and
allocated differently from concurrent
inspection activities, such concurrent
inspection charges are not redundant.
For these reasons, the Coast Guard is
maintaining its reliance on the Cost
Study in this area. As such, there is no
change to this final rule based on these
comments.
One commenter stated that the Coast
Guard has not yet determined the time
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and resources necessary for the COI
renewal process.
The Coast Guard disagrees. As stated
above, the Cost Study explains how we
determine direct and indirect costs. The
fees we proposed for the Coast Guard
option and TSMS option accurately
estimate the cost to the Government to
provide our inspection services. For this
reason, we have made no changes from
the proposed rule in response to this
comment.
Several commenters stated that the
proposed fees impose a financial
hardship or burden on small business
due to the state of the economy, and that
the Coast Guard should defer imposition
of fees until we study the costs further.
In accordance with 46 U.S.C. 2110,
the Coast Guard is required to establish
a fee for its inspection services that is
fair and based on the costs to the
Government, value to the recipient, and
public interest. The proposed user fees
were developed in accordance with law,
and further delay or study is
unnecessary. For this reason, we have
made no changes from the proposed
rule in response to these comments.
One commenter stated that in not
applying the inflation factor, the
proposed fees result in a significant
increase in annual Government
revenues from user fees. The commenter
said that for the TSMS option, the
current user fee of $1,030 should be
increased by the inflation factor of 1.58,
and then divided by 5 to account for the
5-year period between inspections and
adjusted for the minimal periods of
oversight.
The Coast Guard disagrees. We did
not adjust the user fee for towing vessels
by an inflation factor since the previous
user fee was not specific to subchapter
M towing vessels and did not reflect the
costs to the Coast Guard for performing
inspections on towing vessels. The user
fee of $1,030 in Table 2.10–101 is for
inspections on ‘‘[a]ny inspected vessel
not listed in this table.’’ The TSMS
option user fee in this rule is based on
the costs to the Government to provide
inspection services. For these reasons,
we have made no changes from the
proposed rule in response to this
comment.
One commenter stated that an
inspection visit resulted in lost revenue
from a potential barge move.
Lost revenue due to inspections is not
within the scope of this rulemaking. In
2004, Congress determined that towing
vessels are to be subject to inspection,
resulting in the 2016 ‘‘Inspection of
Towing Vessels’’ final rule. The costs,
including lost revenue, were considered
in that rulemaking and its
accompanying regulatory analysis. For
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this reason, we have made no changes
from the proposed rule in response to
this comment.
A commenter stated that this rule fails
to acknowledge those towing vessels on
any water that are more than 15 gross
tons and carrying cargo for hire. The
commenter said those vessels would
also fall under subchapter I and they
should be addressed in this rulemaking.
The Coast Guard disagrees. Every
request for inspection submitted is
reviewed on a case-by-case basis. Per 46
CFR 2.01–7, Table 2.01–7(a), a vessel
inspected under subchapter I includes
‘‘[a]ll vessels >15 gross tons carrying
freight-for-hire[.]’’ However, any vessel
that is (1) more than 15 gross tons but
less than 300 gross tons and (2) towing
and also carrying cargo for hire on board
the vessel separate from the tow, would
be considered for a multi-service vessel
certification. A vessel certificated for
more than one service is already
covered under 46 CFR 2.10–101. The
owner or operator of the vessel must pay
only the higher of the two applicable
fees. For this reason, we have made no
changes from the proposed rule in
response to this comment.
Another commenter stated that audits
by Drug and Alcohol Program Inspectors
(DAPI) and Maritime Transportation
Security Act (MTSA) verifications
should be removed from the Cost Study
because they are not derived from the
requirements of subchapter M.
The Coast Guard disagrees. The Coast
Guard included DAPI audits (46 CFR
16.401) and MTSA verifications (46 CFR
140.660) in the Cost Study because
compliance with these requirements
must be met prior to the Coast Guard
issuing a COI, regardless of the vessel
inspection option chosen. For this
reason, we have made no changes from
the proposed rule in response to this
comment.
One commenter stated that two
categories of indirect costs are not
appropriate in an assessment of agency
costs to provide towing vessel
inspection services: (1) policy and
oversight costs, and (2) facility overhead
and support costs. The commenter
further stated that the operating and
personnel costs of billets for staff at the
Towing Vessel National Center of
Expertise (TVNCOE) and Coast Guard
District, Area, and Headquarters predate
the publication and implementation of
subchapter M. The commenter also
stated that they were unaware of any
new facilities or Coast Guard units that
have been created for the purpose of
providing towing vessel inspection
services or, more broadly, implementing
and enforcing subchapter M. The
commenter recommended eliminating
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the policy and oversight costs, and
facility overhead and support costs.
The Coast Guard disagrees. Policy and
oversight activities are an essential
element to ensure consistent application
of nationwide towing vessel inspection
requirements. Facility overhead and
support costs are included to fairly
account for the cost to the Government
to provide inspection services.
Historically, operating and overhead
costs have been included in vessel
inspection user fees, as well as other
Coast Guard user fees such as merchant
mariner credentialing and vessel
documentation. For these reasons, we
have made no changes from the
proposed rule in response to this
comment.
V. Discussion of the Rule
This final rule updates existing
annual inspection fees for both seagoing
towing vessels (300 gross tons or more)
and vessels subject to the towing-vessel
regulations in 46 CFR, subchapter M
issued in 2016.
The annual inspection fees are located
in 46 CFR part 2—Vessel Inspections. In
addition to the fees in § 2.10–101, this
part contains definitions in § 2.10–25.
We are adding the following new
defined terms to § 2.10–25:
• Alternate Compliance Program
option;
• Annual vessel inspection fee;
• Coast Guard option;
• Streamlined Inspection Program
option;
• Towing Safety Management System
option; and
• Towing vessel.
We define annual vessel inspection
fee as the fee charged by the Coast
Guard for providing inspection and
related services to determine whether a
vessel meets the requirements to
maintain its COI. The fee charged by the
Coast Guard reflects the cost to the
Coast Guard. There are several existing
options for inspection, which we define
in revised § 2.10–25 by referencing the
regulations that establish each option.
For both seagoing and subchapter M
towing vessels, there is a Coast Guard
option in which the Coast Guard
performs all the relevant inspection
activity. For both types of vessels, there
is also a third-party option, already
established in regulation, in which a
third party performs some of the
relevant activity, but the Coast Guard
still inspects the vessel and examines
evidence of compliance provided by
third parties.
For seagoing towing vessels there is
an additional option, the SIP. The SIP
option does not involve a third party.
Under the SIP option, a vessel is
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inspected in accordance with an
approved Vessel Action Plan that the
company’s SIP agent develops with
guidance from the Coast Guard. In our
definition of SIP, we point to subpart E
of 46 CFR part 8, which spells out SIP
program requirements.
We define towing vessel as a
commercial vessel engaged in or
intending to engage in the service of
pulling, pushing, or hauling alongside,
or any combination of pulling, pushing,
or hauling alongside.
We are also modifying the definition
of an existing term in § 2.10–25, Seagoing towing vessel. We are removing
the modifier ‘‘seagoing’’ from the
definition itself and inserting a
description of what seagoing means.
The inserted description is ‘‘and that
makes voyages beyond the Boundary
Line as defined by 46 U.S.C. 103.’’ 13
The vessel must be 300 gross tons or
more, to distinguish seagoing towing
vessels from towing vessels subject to
subchapter M that travel beyond the
Boundary Line. We also remove the
hyphen from seagoing.
A. Categories of Annual Fees
For towing vessels subject to 46 CFR
subchapter M, we added two categories
of fees: the Coast Guard option and the
TSMS option. For seagoing towing
vessels subject to 46 CFR subchapter I,
we develop three fee categories: the
Coast Guard option, the ACP option,
and the SIP option. This fee structure
helps to ensure the Coast Guard is able
to recover full costs to the Government
and to separate annual inspection fees
for options involving third-party
surveys and audits of towing vessels
using safety management systems.
B. Amending Annual Inspection Fees
for Seagoing Towing Vessels Subject to
46 CFR Subchapter I
We will be charging one of three
annual fees for seagoing towing vessels
that are inspected under subchapter I:
• $2,747 for those using the Coast
Guard option;
• $1,850 for those using the ACP
option; and
• $2,260 for those using the SIP
option.
The previous annual fee for seagoing
towing vessels that are inspected under
subchapter I was $2,915.
For a detailed discussion of how these
fees were derived, see Methodology for
13 Under 46 U.S.C. 103 and 33 U.S.C. 151(b),
boundary lines are used for dividing inland waters
of the United States from the high seas to delineate
the application of certain U.S. statutes. For a list of
boundary lines and the statutes those lines are used
to delineate, see 46 CFR part 7, which lists
boundary lines for the Atlantic Coast, Gulf Coast,
Pacific Coast, and the states of Alaska and Hawaii.
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Calculating Fees in section V.D of this
preamble.
Methodology for Calculating Fees in
section V.D of this preamble.
C. Establishing Specific Annual
Inspection Fees for Towing Vessels
Subject to 46 CFR Subchapter M
D. Methodology for Calculating Fees
We will also be charging one of two
fees for towing vessels inspected under
subchapter M:
• $2,184 for those using the Coast
Guard option, and
• $973 for those using the TSMS
option.
The previous annual fee applied to
subchapter M towing vessels was
$1,030.
For a more detailed discussion of how
these fees were derived, see
This section summarizes the
methodology for calculating fees. For
more details, see the Cost Study 14 in the
docket where indicated under the
ADDRESSES section of this preamble.
To derive the costs of the various
inspection types, we used an activitybased costing 15 approach in
conjunction with the Sector Staffing
Model (SSM). The SSM is an activitybased model designed to establish
human capital requirements and
quantify resources at Shore Forces
units.16 The SSM measures specific
activity and frequency to determine the
89599
Full-Time Equivalent (FTE) workforce
needed to meet a particular workload.
Data in the model is derived from Coast
Guard enterprise databases and surveys
conducted at the Coast Guard field unit
level. The model also incorporates unit
specific travel times for conducting
missions, collateral duty workload, and
mission required training. In Spring
2012, the SSM was accredited in
accordance with official Coast Guard
policy and currently serves as the
primary decision tool for managing
sector enterprise staffing. Table 1 shows
the cost of activities for providing COI
services to each type of inspection.
These costs are derived using SSM FTE
calculations; see the Cost Study in the
docket for the full derivation of figures.
TABLE 1—PER VESSEL COST OF ACTIVITIES FOR PROVIDING COI SERVICES BY USER FEE SEGMENT
Subchapter M:
Coast Guard
Subchapter M:
TSMS
Subchapter I:
Coast Guard
Subchapter I:
ACP
Subchapter I:
SIP
Inspection Activity Costs * ..........................................
Travel Costs ...............................................................
Supervision and Administration Costs .......................
Indirect Costs 17 .........................................................
$1,182
317
243
442
$407
40
84
442
$1,617
356
332
442
$873
356
179
442
$1,213
356
249
442
Total Annual Costs .............................................
2,184
973
2,747
1,850
2,260
* Due to a rounding error in the NPRM, Inspection Activity Costs were overstated by $1 for four of the inspection types. This does not impact
the final user fees.
The Coast Guard intends to collect
one of five different user fees from the
approximately 4,762 towing vessels that
require COIs under subchapters I and
M.18 Table 2 shows the fee charged
before the CAA 2022 went into effect,
the CAA 2022 fee, the final rule fee, the
incremental fee adjustment from the
CAA 2022 fee, and the percent change
to the user fee from the CAA 2022 fee.19
The annual cost of services for each
vessel class is the final rule user fee for
that vessel class.
TABLE 2—PRE-CAA 2022, CAA 2022 SUBCHAPTER M AND I USER FEES AND FINAL RULE USER FEE ADJUSTMENT
AMOUNTS
Fee type/user fee class
khammond on DSKJM1Z7X2PROD with RULES
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
M: Coast Guard option .........................................................................
M: TSMS option ...................................................................................
I: Coast Guard option ...........................................................................
I: ACP option ........................................................................................
I: SIP option ..........................................................................................
Pre-CAA
2022 fee
CAA
2022 fee
$1,030
1,030
2,915
2,915
2,915
$1,030
0
2,915
2,915
2,915
VI. Regulatory Analyses
A. Regulatory Planning and Review
We developed this final rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on these statutes or Executive
orders.
Executive Orders 12866 (Regulatory
Planning and Review), as amended by
Executive Order 14094 (Modernizing
Regulatory Review) and 13563
(Improving Regulation and Regulatory
Review) direct agencies to assess the
14 The Cost Study is the same one referenced in
the NPRM and has not been changed.
15 Activity-based costing is a method for
determining the cost of a service based on the cost
of each individual element of that service.
16 Shore Forces units are Coast Guard sector
commands and their subunits or field units. See the
Coast Guard Strategic Cost Manual, COMDTINST
M7000.4 (February 2005), which is available in the
docket.
17 Indirect Costs are costs such as facility and
overhead costs as well as IT costs, since these costs
are fixed regardless of inspection type, the costs
were divided by the vessel population as of the Cost
Study.
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Final
Rule fee
$2,184
973
2,747
1,850
2,260
Incremental
fee
adjustment
$1,154
973
¥168
¥1,065
¥655
Percent
change
(%)
112
..............
¥6
¥37
¥22
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
18 Vessel population data came from MISLE as of
2023. See the Affected Population section for more
details.
19 The NPRM for this rule was published prior to
the CAA 2022, thus the NPRM refers to the
‘‘Current Fee.’’ The ‘‘Current Fee’’ of the NPRM is
now labeled as the ‘‘Pre-CAA 2022 Fee’’ to avoid
confusion.
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equity). Executive Order 13563
emphasizes the importance of
quantifying costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility.
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866, as
amended by Executive Order 14094.
This rule has not been reviewed by
OMB. A regulatory analysis follows.
khammond on DSKJM1Z7X2PROD with RULES
Changes From the Notice of Proposed
Rulemaking
This final rule’s regulatory analysis
has made two changes from the NPRM
we published in 2022 (87 FR 1378), but
the user fees are not changed from the
NPRM’s rates. First, we updated the
populations to reflect current data from
MISLE; the subchapter M population
decreased while the subchapter I
population remained relatively stable.
Second, the baseline for TSMS fees
under subchapter M decreased from
$1,030 to $0. This is because the CAA
2022 directed the Coast Guard not to
charge user fees to TSMS vessels under
subchapter M until it follows the steps
in Section 815 of the CGAA 2018, and
based on its findings reported above,
revises its fees. This rule will revise
those fees effective March 27, 2024.
Baselines
Currently, towing vessels are
inspected under subchapter I or
subchapter M, dependent on their size
and area of operation. Owners and
operators of towing vessels inspected
under 46 CFR subchapter I pay a user
fee of $2,915 annually. Owners and
operators of towing vessels under 46
CFR subchapter M that choose to be
inspected by the Coast Guard pay a user
fee of $1,030 annually. Owners and
operators of towing vessels under
subchapter M that choose the TSMS
option do not pay a user fee because of
the CAA 2022. However, as noted
earlier, the subchapter M user fee is not
specific to towing vessels; rather it is for
all inspected vessels that do not have a
specific user fee on Table 2.10–101.
Prior to the CAA 2022 owners and
operators of towing vessels under
subchapter M that choose the TSMS
option paid a user fee of $1,030
annually.
Under the current CAA 2022 baseline,
we calculate that owners and operators
of 43 towing vessels inspected under
subchapter I pay $125,345 annually, and
that owners and operators of 4,719
towing vessels inspected under
subchapter M pay $1,458,480 annually
for inspection services, respectively.
Thus, the current transfer from vessel
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owners to the Coast Guard for towing
vessel inspection services is $1,583,825
annually. Prior to the CAA 2022, when
the TSMS user fee was not suspended,
owners and operators of all subchapter
M towing vessels (TSMS option and
Coast Guard option) paid the $1,030
user fee. This would have resulted in an
annual transfer from subchapter M and
I vessel owners and operators to the
Coast Guard for towing vessel
inspection services of $4,985,915.
Owners and operators of towing vessels
choose between several vessel
inspection alternatives. Once selected,
the inspection option is unlikely to
change due to a change in user fees,
since there are private business costs
associated with changing inspection
options. The Coast Guard’s COI service
costs are fully funded through annual
appropriations.20
This final rule establishes a user fee
specific to towing vessels under
subchapter M, revises the user fee
specific to towing vessels under
subchapter I, and establishes user fees
for alternatives for vessel inspection that
require fewer Coast Guard inspection
activities or that take less time and thus
have a lower cost to the Coast Guard.
This updated structure for user fees will
help to ensure the Coast Guard’s ability
to offset costs to the Government, and to
separate annual inspection fees for
options involving third-party surveys
and audits of towing vessels using safety
management systems. From a baseline
of the CAA 2022, this final rule results
in an estimated $4.8 million annual
transfer payment from owners and
operators of towing vessels to the
Federal Government for COI services.
The 10-year transfers, undiscounted, are
$49,320,822. The discounted annualized
figure, at 7 percent, is $4,918,994. The
discounted annualized figure, at 3
percent, is $4,926,329.
The Coast Guard also does the
following in this final rule:
(1) Modifies the definition in § 2.10–
25 of Sea-going towing vessel. We
remove the modifier ‘‘seagoing’’ from
the definition and replace it with a
description of what ‘‘seagoing’’ means.
The updated language is ‘‘and that
makes voyages beyond the Boundary
Line as defined by 46 U.S.C. 103.’’ Also,
we specify that the vessel must be 300
gross tons or more to distinguish
seagoing towing vessels from towing
vessels that travel beyond the Boundary
Line, which may be subject to
subchapter M. This is an administrative
20 The user fees collected for these services are
offsetting receipts and are deposited to the
Department of Treasury and credited to DHS
appropriation as proprietary receipts. See 46 U.S.C.
2110(h).
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change, and it would have no economic
impact.
(2) Amends the user fees for towing
vessels under 46 CFR subchapter I. The
current fee for the 43 seagoing towing
vessels inspected under subchapter I is
$2,915 for all inspection options (Coast
Guard, ACP, and SIP). This final rule
makes the fees specific to each
inspection as shown below in table 3.
Owners and operators of vessels have
already chosen their inspection option
and are unlikely to change their current
option. This is because there are costs
associated with switching inspection
options and there are transactions in
private industry and business-specific
costs 21 beyond the inspection cost that
make the user fee a small portion of the
overall cost of inspections.
TABLE 3—CURRENT AND FINAL RULE
USER FEES FOR TOWING VESSELS
UNDER 46 CFR SUBCHAPTER I
Current
fee
Inspection type
Coast Guard option .............
ACP option ..........................
SIP option ............................
Revised
fee
$2,915
I
I
$2,747
1,850
2,260
(3) Creates a specific user fee category
for the 4,719 towing vessels subject to
46 CFR subchapter in the table of fees
in § 2.10–101 and updates the current
user fees for annual inspection fees for
towing vessels to reflect the specific
program costs associated with the two
subchapter M options: the TSMS option
and the Coast Guard inspection option.
The Coast Guard inspection option’s
current annual fee is $1,030 for towing
vessels subject to subchapter M. The
existing fee of $1,030 is found in 46 CFR
2.10–101 and applies to any inspected
vessel not listed in table 2.10–101.
Owners and operators of subchapter M
vessels that choose the TSMS inspection
option do not currently pay a user fee.
This final rule makes the fees specific to
each inspection type as shown below in
table 4. Similar to owners and operators
of subchapter I vessels, owners and
operators of subchapter M vessels have
already chosen their inspection option
and are unlikely to change for the same
reasons.
21 Transaction costs vary by inspection option.
Towing vessels that elect to participate in the ACP
must comply with the requirements in 46 CFR part
8 subpart D, that includes working with an ACP
authorized classification society. Towing vessels
that elect to participate in the SIP must comply
with the requirements in 46 CFR part 8 subpart E,
that includes the development of a Company Action
Plan and a Vessel Action Plan.
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vessel and marine activity database and
TABLE 4—CURRENT AND REVISED
USER FEES FOR TOWING VESSELS contains the best and most readily
available vessel population data.
UNDER SUBCHAPTER M
Current
fee
Inspection type
Coast Guard option .............
TSMS option .......................
I
$1,030
0
Revised
fee
I
$2,184
973
(4) Defines the following new terms
added to the table of fees in § 2.10–101:
Annual vessel inspection fee,
Alternative Compliance Program option,
Coast Guard option, Streamlined
Inspection Program option, Towing
Safety Management System option, and
Towing vessel. This is an administrative
change and has no economic impact. All
these points are described in greater
detail in the Cost Study.
Affected Population
To obtain the affected population for
this final rule, we used the MISLE
system. MISLE is the Coast Guard’s
According to MISLE data as of 2023, the
total affected population of this final
rule is 4,762 inspected towing vessels.
There are approximately 4,719 towing
vessels that will require inspection
under 46 CFR subchapter M and 43
towing vessels that are inspected under
46 CFR subchapter I. Coast Guard
subject matter experts in the Office of
Commercial Vessel Compliance (CG–
CVC) estimate that the subchapter M
population will increase by an average
of 23 vessels per year because a number
of subchapter M vessels began the
inspection process to obtain a COI
during the 4-year phase-in period but
did not complete the process. The Coast
Guard believes that, over time, these
vessels will obtain new COIs; thus, the
subchapter M population will increase.
The subchapter I population is expected
89601
to remain stable because it historically
has done so.
Rather than a single fee category for
all towing vessels covered by a
subchapter, the Coast Guard is creating
two categories for subchapter M and
three categories for subchapter I vessels.
For subchapter M, the inspection types
are the Coast Guard option and the
TSMS option. For subchapter I, the
inspection types are the Coast Guard
option, the ACP option, and the SIP
option. Table 5 presents the total
population of inspected towing vessels
impacted by this final rule and the
current breakdown of inspections
within each subchapter. Table 6
presents the projected subchapter M
population and their projected counts of
inspection type. We assume that the
subchapter M towing vessel population
will maintain their current split of 70
percent using the TSMS option and 30
percent using the Coast Guard option
during the duration of the analysis.
TABLE 5—TOTAL AFFECTED POPULATION FOR INSPECTED TOWING VESSELS
User Fee Categories Population
46 CFR Subchapter M
Coast Guard
option
Population ..................................................................................................................
% of Population
46 CFR Subchapter I ...............................................................
Coast Guard
option
TSMS option
1,416
30%
Total
3,303
70%
Vessel Inspection Alternatives
Alternate
Compliance
Program (ACP)
option
4,719
100%
Total
Streamlined
Inspection
Program (SIP)
option
Population ................................................................................
% of Population .......................................................................
26
61%
16
37%
1
2%
43
100%
Total Population ................................................................
..............................
..............................
..............................
4,762
TABLE 6—PROJECTED SUBCHAPTER M POPULATION BY INSPECTION OPTION
Estimated annual subchapter M population by inspection type
khammond on DSKJM1Z7X2PROD with RULES
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year
Year
CG option
1 ......................................................................................................................................................................
2 ......................................................................................................................................................................
3 ......................................................................................................................................................................
4 ......................................................................................................................................................................
5 ......................................................................................................................................................................
6 ......................................................................................................................................................................
7 ......................................................................................................................................................................
8 ......................................................................................................................................................................
9 ......................................................................................................................................................................
10 ....................................................................................................................................................................
Costs and Benefits
This final rule does not impose any
new societal costs because all the
inspection activities are done by
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regulated entities and the Coast Guard.
Instead, the impacts of this final rule are
in the form of transfer payments, which
are monetary payments from one group
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1,416
1,423
1,429
1,436
1,443
1,450
1,457
1,464
1,471
1,478
TSMS option
3,303
3,319
3,336
3,352
3,368
3,384
3,400
3,416
3,432
3,448
to another that do not affect the total
resources available to society.
This final rule does not provide any
quantitative benefits; however, revising
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations
user fees to reflect the actual cost for the
Coast Guard to provide inspection
services is a qualitative benefit. The
result is a fairer distribution of costs to
inspected towing vessels by inspection
type. Section 2110 of Title 46 of the
U.S.C. directs that the fee or charge be
established in accordance with 31
U.S.C. 9701, which specifies that each
charge be fair and based on the costs to
the Government; the value of the service
or thing to the recipient, public policy,
or interest served; and other relevant
facts. Consistent with these objectives,
once a fee or charge is established,
Section 2110 allows the fee or charge to
be adjusted to accommodate changes in
the cost of providing a specific service
or thing of value. This final rule aids the
Coast Guard in compliance with those
statutory requirements.
Transfer Payments
This final rule adjusts the user fees
collected from the current entities so
that there are now five different fees
based on the towing vessel subchapter
and program used for vessel
certification. There currently are 4,762
affected towing vessels. Table 7 shows
the pre-CAA 2022 baseline fee, CAA
2022 baseline fee, the final rule fee, the
change, and the percent change to the
user fee from the pre-CAA 2022 and
CAA 2022 baseline fees. The annual
cost of services for each vessel class is
the user fee for that vessel class.
TABLE 7—PRE-CAA 2022 BASELINE FEE, CAA 2022 BASELINE FEE, FOR 46 CFR SUBCHAPTER M AND I USER FEES
AND FINAL RULE USER FEE ADJUSTMENT AMOUNTS
Pre-CAA
2022
baseline
fee
Fee type/user fee class
Subchapter
Subchapter
Subchapter
Subchapter
Subchapter
M: Coast Guard option ......................................
M: TSMS option .................................................
I: Coast Guard option ........................................
I: ACP option .....................................................
I: SIP option .......................................................
$1,030
1,030
2,915
2,915
2,915
CAA
2022
baseline
fee
Final rule
fee
$1,030
0
2,915
2,915
2,915
Incremental
fee
adjustment
from preCAA 2022
$2,184
973
2,747
1,850
2,260
Percent
change from
pre-CAA
2022
$1,154
¥57
¥168
¥1,065
¥655
Incremental
fee adjustment
from CAA
2022
112%
¥6%
¥6%
¥37%
¥22%
Percent
change
from CAA
2022
$1,154
973
¥168
¥1,065
¥655
112%
....................
¥6%
¥37%
¥22%
Note: Since there are no distinct categories for TSMS, SIP, or ACP in the current user fee table, all owners and operators of subchapter M vessels would normally
pay one fee and all owners and operators of subchapter I vessels pay one fee.
In table 8, we show the total increase
in annual transfer payments from each
vessel class to the Government and the
total increase for all vessels. For
example, owners and operators of
subchapter M vessels that choose the
Coast Guard option will pay an
additional $1,154 per vessel in user fees
to the Coast Guard for inspection
services. Negative numbers represent a
decrease in user fees. Transfer payments
are monetary payments from one group
to another that do not affect total
resources. For this final rule, a user fee
is a transfer payment from the vessel’s
owner or operator to the Government to
offset the costs to the Coast Guard for
providing COI services. This is
calculated by multiplying the vessel
population by the incremental fee
change. Because the population of 46
CFR subchapter M vessels is projected
to increase, table 9 shows annual
incremental transfer payments for this
subchapter. Totals are calculated by
multiplying the populations in table 6
by the appropriate fees.
TABLE 8—FIRST YEAR ANNUAL INCREMENTAL FEE AMOUNTS 22
Estimated
population
Fee type/user fee class
Incremental
fee change
from
pre-CAA
2022 baseline
First year
fee transfer
payments
from
pre-CAA 2022
baseline
Incremental
fee change
from CAA
2022 baseline
First year fee
transfer
payments from
CAA 2022
baseline
Subchapter M: Coast Guard option ......................................................................
Subchapter M: TSMS option .................................................................................
1,416
3,303
$1,154
¥57
$1,634,064
¥188,271
$1,154
973
$1,634,064
3,213,819
Subtotal ..........................................................................................................
4,719
........................
1,445,793
........................
4,847,883
Subchapter I: Coast Guard option ........................................................................
Subchapter I: ACP option .....................................................................................
Subchapter I: SIP option .......................................................................................
26
16
1
¥168
¥1,065
¥655
¥4,368
¥17,040
¥655
¥168
¥1,065
¥655
¥4,368
¥17,040
¥655
Subtotal ..........................................................................................................
43
........................
¥22,063
........................
¥22,063
Annual Total ............................................................................................
........................
........................
1,423,730
........................
4,825,820
TABLE 9—SUBCHAPTER M ANNUAL INCREMENTAL TRANSFER PAYMENTS 23
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Year
Year
Year
Year
Year
Year
1
2
3
4
5
........................................................................................
........................................................................................
........................................................................................
........................................................................................
........................................................................................
22 The incremental changes in transfers are from
the specified baseline to the Final Rule user fee.
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CG option
Pre-CAA
2022 baseline
TSMS
option
pre-CAA 2022
baseline
Subchapter M
total from
Pre-CAA
2022 baseline
$1,634,064
1,642,142
1,649,066
1,657,144
1,665,222
¥188,271
¥189,183
¥190,152
¥191,064
¥191,976
$1,445,793
1,452,959
1,458,914
1,466,080
1,473,246
CG
option CAA
2022
baseline
$1,634,064
1,642,142
1,649,066
1,657,144
1,665,222
23 The incremental changes in transfers are from
the specified baseline to the Final Rule user fee.
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E:\FR\FM\28DER1.SGM
28DER1
TSMS
option CAA
2022
baseline
$3,213,819
3,229,387
3,245,928
3,261,496
3,277,064
Subchapter M
total
from CAA
2022 baseline
$4,847,883
4,871,529
4,894,994
4,918,640
4,942,286
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TABLE 9—SUBCHAPTER M ANNUAL INCREMENTAL TRANSFER PAYMENTS 23—Continued
Year
Year
Year
Year
Year
Year
6 ........................................................................................
7 ........................................................................................
8 ........................................................................................
9 ........................................................................................
10 ......................................................................................
CG option
Pre-CAA
2022 baseline
TSMS
option
pre-CAA 2022
baseline
Subchapter M
total from
Pre-CAA
2022 baseline
1,673,300
1,681,378
1,689,456
1,697,534
1,705,612
¥192,888
¥193,800
¥194,712
¥195,624
¥196,536
1,480,412
1,487,578
1,494,744
1,501,910
1,509,076
CG
option CAA
2022
baseline
TSMS
option CAA
2022
baseline
1,673,300
1,681,378
1,689,456
1,697,534
1,705,612
Subchapter M
total
from CAA
2022 baseline
3,292,632
3,308,200
3,323,768
3,339,336
3,354,904
4,965,932
4,989,578
5,013,224
5,036,870
5,060,516
Note: The total transfer payments for subchapter M vessels rise annually due to an estimated annual increase in the population of 23 vessels.
The reduction in fees for owners and
operators of vessels under 46 CFR
subchapter I will result in a decrease in
transfer payments in the first year from
the subchapter I towing vessel industry
to the Government of $22,063. Relative
to the CAA 2022 baseline, the Coast
Guard expects to have an increase in
transfer payments from owners and
operators of subchapter M towing
vessels for the COI services of
$4,847,883 in the first year to the
Government. The net change in transfer
payments is $4,825,820 in the first year.
The 10-year transfer payments,
undiscounted, total $49,320,822. The
discounted annualized figure, at 7
percent, is $4,918,994.
Relative to the Pre-CAA 2022
baseline, the Coast Guard expects to
have an increase in transfer payments
from owners and operators of
subchapter M towing vessels for the COI
services of $1,445,793 in the first year
to the Government as shown in table 9.
The sum of transfer payments for
vessels under subchapter I and M is
$1,423,730 in the first year from the
subchapter I towing vessel industry to
the Government since subchapter I user
fees are decreasing. The total 10-year
change in transfer payments,
undiscounted, is $14,550,082. The
discounted annualized figure, at 7
percent, is $1,451,108. Table 10
summarizes the total 10-year change in
transfer payments from the towing
vessel industry to the Government.
TABLE 10—DISCOUNTED TRANSFER PAYMENTS FROM TOWING VESSEL OPERATORS TO THE GOVERNMENT
Pre-CAA 2022 baseline
CAA 2022 baseline
Discounted
Year
Discounted
Undiscounted
Undiscounted
7%
3%
7%
3%
1 ................................................................................................
2 ................................................................................................
3 ................................................................................................
4 ................................................................................................
5 ................................................................................................
6 ................................................................................................
7 ................................................................................................
8 ................................................................................................
9 ................................................................................................
10 ..............................................................................................
$1,423,730
1,430,896
1,436,851
1,444,017
1,451,183
1,458,349
1,465,515
1,472,681
1,479,847
1,487,013
$1,330,589
1,249,800
1,172,898
1,101,634
1,034,673
971,760
912,649
857,114
804,939
755,922
$1,382,262
1348,757
1,314,922
1,282,990
1,251,803
1,221,344
1,191,598
1,162,548
1,134,180
1,106,477
$4,825,820
4,849,466
4,872,931
4,896,577
4,920,223
4,943,869
4,967,515
4,991,161
5,014,807
5,038,453
$4,510,112
4,235,711
3,977,763
3,735,575
3,508,051
3,294,309
3,093,519
2,904,901
2,727,723
2,561,294
$4,685,262
4,571,087
4,459,422
4,350,545
4,244,228
4,140,412
4,039,044
3,940,069
3,843,432
3,749,082
Total * .................................................................................
14,550,082
10,191,977
12,396,882
49,320,822
34,548,958
42,022,583
Annualized .................................................................................
........................
1,451,108
1,453,293
........................
4,918,994
4,926,329
Note: Totals may not sum due to rounding.
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Regulatory Alternatives
Alternatives considered include
adjusting our current user fees for
inflation, updating only the Coast Guard
option user fees, or continuing with the
current user fees. Each of these options
will be considered in the following
discussion.
Under the first alternative, Coast
Guard considered adjusting the 1995
user fees for inflation from 1995 dollars
to 2022 dollars. To adjust for inflation,
we use an inflation factor from the
annual gross domestic product deflator
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data.24 We calculate the inflation factor
of 1.76 by dividing the annual 2022
index number (117.996) by the annual
1995 index number (66.993). We then
multiply the current fees for 46 CFR
subchapters I and M by the inflation
factor and round it to the nearest dollar.
If we simply adjusted the user fees for
inflation, the annual fees charged under
24 U.S. Bureau of Economic Analysis, ‘‘Table
1.1.4. Price Indexes for Gross Domestic Product,’’
https://apps.bea.gov/iTable/?reqid=19&
step=3&isuri=1&1910=x&0=-99&
1921=survey&1903=4&1904=2009&
1905=2018&1906=a&1911=0 (accessed December 1,
2023).
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subchapters I and M would increase 76
percent, by $2,215 and $783,
respectively. These fees, when
multiplied by the number of annual COI
renewals, would yield a total annual
revenue of approximately $8.8 million
and an increase in transfer payments of
$3.8 million. We rejected this
alternative because the annual revenue
collected under this methodology would
not reflect the full cost to the Coast
Guard of providing the COI-related
services. Table 11 shows the inflation
adjusted user fees for subchapter I and
M vessels.
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TABLE 11—COMPARISON OF USER FEES IN 1995 DOLLARS AND 2022 DOLLARS
[Alternative 1] *
1995 $
fee
Fee category
Inflation
factor
2022
dollars
Population
Incremental
fee adjustment
Annual fee
transfer
payments
Annual
revenue
collected
from user fees
Subchapter I vessels .............................................................
Subchapter M vessels ...........................................................
$2,915
1,030
1.76
1.76
$5,130
1,813
43
4,719
$2,215
783
$95,245
3,694,977
$220,590
8,555,547
Total ...............................................................................
................
....................
................
....................
........................
3,790,222
8,776,137
Note: All dollar figures rounded to the closest whole dollar.
In the second alternative, we
considered updating only the Coast
Guard option user fees. We rejected this
alternative because it would not comply
with Section 815 of the CGAA 2018.
Section 815 directs the Coast Guard to
review and, based on our findings,
revise the fee for towing vessel
inspections. First, the Coast Guard must
compare the costs to the Government of
towing vessel inspections performed by
the Coast Guard and towing vessel
inspections performed by a third party,
to determine if they are different. We
have conducted that comparison and
determined that there is a difference in
costs to the Government between the
inspection options for towing vessels
that involve a third party and those that
do not. If there is a difference in costs,
Section 815 of the CGAA 2018 directs
us to revise the fees we assess for towing
vessel inspections to conform to 31
U.S.C. 9701 and to base the fee on the
cost to the Government.
In our third alternative, we
considered maintaining the current user
fee 25 without an adjustment. We
rejected this alternative because the
annual revenue collected under this
methodology would not cover the full
cost to the Coast Guard of providing the
COI-related services.
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B. Small Entities
Under the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601–612, we have
considered the impact of this rule on
small entities. The term ‘‘small entities’’
comprises small businesses, not-forprofit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
A Final Regulatory Flexibility
Analysis (FRFA) discussing the impact
of this rule on small entities follows. An
FRFA addresses the following:
(1) A statement of the need for, and
objectives of, the rule;
25 Per the CAA 2022, towing vessels using the
TSMS option would continue to pay no annual
inspection user fee.
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(2) A statement of the significant
issues raised by the public comments in
response to the Initial Regulatory
Flexibility Analysis (IRFA), a statement
of the assessment of the agency of such
issues, and a statement of any changes
made in the proposed rule as a result of
such comments;
(3) The response of the agency to any
comments filed by the Chief Counsel for
Advocacy of the Small Business
Administration (SBA) in response to the
proposed rule, and a detailed statement
of any change made to the proposed rule
in the final rule as a result of the
comments;
(4) A description of and an estimate
of the number of small entities to which
the rule will apply or an explanation of
why no such estimate is available;
(5) A description of the projected
reporting, recordkeeping, and other
compliance requirements of the rule,
including an estimate of the classes of
small entities which will be subject to
the requirement and the type of
professional skills necessary for
preparation of the report or record; and
(6) A description of the steps the
agency has taken to minimize the
significant economic impact on small
entities consistent with the stated
objectives of applicable statutes,
including a statement of the factual,
policy, and legal reasons for selecting
the alternative adopted in the final rule
and why each of the other significant
alternatives to the rule considered by
the agency which affect the impact on
small entities was rejected.26
Below is a discussion of the FRFA
analysis for each of these six elements.
(1) A statement of the need for, and
objectives of, the rule.
The Coast Guard is updating the user
fees for inspected towing vessels
because after reviewing the costs to the
Government of inspections under the
Coast Guard option or options using a
third party, the Coast Guard has
determined that updates are necessary
to ensure that fees for all options are fair
and based on costs to the Government.
User fees for towing vessels inspected
26 5
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Frm 00066
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Sfmt 4700
under 46 CFR subchapter I have not
been updated since 1995. The changes
to the fees are also consistent with the
2016 ‘‘Inspection of Towing Vessels’’
final rule, in which we stated that we
planned to issue a separate rulemaking
for annual inspection fees for towing
vessels that would reflect the specific
program costs associated with the two
46 CFR subchapter M options—the
TSMS option and the Coast Guard
inspection option.
The objective of this final rule is to
comply with the law, which requires the
Coast Guard to establish a fee or charge
for inspections and related services
described in 46 U.S.C. 2110(a)(1). Under
this law, the Coast Guard is required to
establish a fee for its inspection services
that is fair and based on costs to the
Government, the value to the recipient,
and public interest.
(2) A statement of the significant
issues raised by the public comments in
response to the IRFA, a statement of the
assessment of the agency of such issues,
and a statement of any changes made in
the proposed rule as a result of such
comments.
This regulatory action received no
comments directly related to the IRFA
analysis. However, we received several
comments regarding financial hardship
due to the fee increase. The Coast
Guard, in accordance with 46 U.S.C.
2110, is required to establish a fee for
its inspection services that is fair and
based on the costs to the Government,
value to the recipient, and public
interest. The user fees were developed
in accordance with law. Each entity
chooses its inspection option and
corresponding fee according to its
business needs. For a review of all the
public comments received on the
rulemaking, see section IV., Discussion
of Public Comments.
(3) The response of the agency to any
comments filed by the Chief Counsel for
Advocacy of the SBA in response to the
proposed rule, and a detailed statement
of any change made to the proposed
rule in the final rule as a result of the
comments.
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This regulatory action received no
comments from the Chief Counsel for
the Advocacy of the SBA.
(4) A description of and an estimate
of the number of small entities to which
the rule will apply or an explanation of
why no such estimate is available.
This final rule will affect the owners
and operators of certain towing vessels
under 46 CFR subchapters I and M. We
retrieved this towing vessel population
from the Coast Guard’s MISLE system.
From this database, we identified 4,762
vessels affected by this final rule—4,719
subchapter M towing vessels and 43
subchapter I towing vessels (see table 5).
There are 1,223 unique companies that
own or operate these vessels. Eight
companies own vessels under both
subchapters I and M. One company
owns only subchapter I vessels.
We used available information on
operator names and addresses to
research public and proprietary
databases for entity type (subsidiary or
parent company), primary line of
business, employee size, revenue, and
other information.27 We found vessels
owned by 21 government entities and 4
nonprofit entities. The remaining 1,211
vessels are owned by business entities.
For governmental jurisdictions, we
determined whether the jurisdiction had
populations of less than 50,000 as per
the criteria in the RFA. For nonprofits,
we evaluated whether the nonprofit was
independently owned and operated and
if it was not dominant in its field.28 For
the business entities, we matched their
information with the SBA’s latest Table
of Small Business Size Standards to
determine if a business entity is small
in its primary line of business as
classified in the North American
Industry Classification System
(NAICS).29
We broke the population down into
46 CFR subchapters I and M. For
subchapter M, we used a random
sample from the unique towing vessel
companies to reach the 95-percent
confidence level. Using Cochran’s
Formula, the Coast Guard chose a
statistically valid random sample of 385
entities that own and operate towing
vessels.30
There are a total of 97 NAICS-coded
industries in this final rule’s sample
affected population. Table 12 displays
the 10 industries that appear most
frequently in the affected population of
owners or operators of towing vessels in
subchapters I and M.
TABLE 12—MOST COMMON NAICS CODES
NAICS
code
488330
238910
441222
488410
236115
.....
.....
.....
.....
.....
336611
237990
713930
483211
551111
.....
.....
.....
.....
.....
Count of towing
vessel owners or
operators
Percent
of total *
Description
Small entity definition
Navigational Services to Shipping .................................................
Site Preparation Contractors .........................................................
Boat Dealers ..................................................................................
Motor Vehicle Towing ....................................................................
New Single-family Housing Construction (Except For-Sale Builders).
Ship Building and Repairing ..........................................................
Other Heavy and Civil Engineering Construction .........................
Marinas ..........................................................................................
Inland Water Freight Transportation .............................................
Offices of Bank Holding Companies .............................................
<$47,000,000 .............................
<$19,000,000 .............................
<$40,000,000 .............................
<$9,000,000 ...............................
<$45,000,000 .............................
45
33
29
18
16
11
8
7
5
4
<1,300 Employees .....................
<$45,000,000 .............................
<$11,000,000 .............................
<1,050 Employees .....................
<$38,500,000 .............................
9
8
8
7
6
2
2
2
2
2
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Note: Total does not sum to 100 percent, since these percentages reflect only the top 10 most common NAICS codes of the sample. The remaining 55 percent of NAICS codes were not within the 10 most commonly occurring.
For subchapter M, the Coast Guard
chose a sample of 385 businesses that
own and operate the towing vessels. Of
the 385 businesses, 33 exceeded the
SBA small business size standards, 271
companies were considered to be small
businesses by the SBA size standards,
and 81 companies had no information
available. Consistent with DHS’s
practices, entities with no information
available are considered small entities.
Thus, there are 352 businesses in our
sample that we consider to be small
entities. Based on our random sample,
91.4 percent of subchapter M entities
are considered small and therefore
when applied to the population of
unique towing vessel companies, 1,118
subchapter M entities are considered
small.
For subchapter I, we searched all nine
unique towing vessel companies in the
available databases. All had available
revenue and employee data. Of these
nine unique towing vessel companies,
eight exceeded the SBA small business
size standards and one was considered
a small entity by the SBA size
standards.
For this analysis, we considered the
annual weighted average transfer from
industry to the Coast Guard by
subchapter. For subchapter M vessels,
we found the average fleet size for small
entities is two vessels and multiplied it
by the weighted average of incremental
changes in user fees. According to our
analysis of small subchapter M vessels,
98 percent of entities choose the Coast
Guard option for their inspection option
and 2 percent choose the TSMS option.
Thus, we multiplied the rates for
entities choosing their inspection option
by the incremental change in user fees
compared to the CAA 2022 baseline and
the average fleet size for small
subchapter M entities, which yielded an
average increase in impact of $1,150 per
subchapter M vessel and $2,300 per
small subchapter M entity due to the
incremental change in subchapter M
fees.31 We repeated this process for
subchapter I entities. We found that
each small entity had an average fleet
size of two vessels and multiplied it by
the weighted average of incremental
changes in user fees. According to our
27 https://www.cortera.com/, https://
www.manta.com/, and https://www.reference
usagov.com (accessed July 10, 2023).
28 We used https://www.guidestar.org to evaluate
nonprofits (accessed July 10, 2023).
29 https://www.sba.gov/document/support-tablesize-standards (accessed July 10, 2023).
30 A statistically valid random sample size of 292
businesses would be required to achieve a 95percent confidence level out of the 1,222 unique
towing vessel companies. In this analysis, the Coast
Guard oversampled to analyze 385 businesses to
ensure enough data and information was available
on the businesses to meet the sampling
requirements.
31 The incremental change in subchapter M Coast
Guard option user fees is $1,154, while the
incremental change in subchapter M TSMS option
user fee is $973. Thus, the average impact of $2,300
was found by taking the weighted average of their
inspection options by the fleet size. ($1,154 × 98%)
+ ($973 × 2%) = $1,150. $1,150 × 2 = $2,300.
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analysis of small subchapter I vessels,
all entities chose the ACP inspection
option. This final rule will save
subchapter I entities $2,130. Tables 13
and 14 show the impact on revenues for
small entities that we had revenue data
for under each subchapter.
TABLE 13—ESTIMATED ANNUAL REVENUE IMPACT FOR SMALL ENTITIES UNDER 46 CFR SUBCHAPTER M
Revenue impact range
(%)
Number of entities
Percent of entities
0 < 1 ........................................................................................................................................................................
1 < 3 ........................................................................................................................................................................
3 < 5 ........................................................................................................................................................................
5 < 10 ......................................................................................................................................................................
Above 10 ..................................................................................................................................................................
170
31
7
3
0
80.6
14.7
3.3
1.4
0
Total ..................................................................................................................................................................
211
100
TABLE 14—ESTIMATED ANNUAL REVENUE IMPACT FOR SMALL ENTITIES UNDER 46 CFR SUBCHAPTER I
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Revenue impact range
(%)
Number of
small entities
Percent of
small entities
0 ≤ 1 .........................................................................................................................................................................
1 ≤ 3 .........................................................................................................................................................................
Above 3 ....................................................................................................................................................................
1
0
0
100
0
0
Total ..................................................................................................................................................................
1
100
According to our analysis, 80.6
percent of subchapter M entities will
have an annual impact to revenue of 1
percent or less. Approximately 14.7
percent will have an annual impact to
revenue between 1 and 3 percent. The
remaining 4.7 percent will have an
annual impact to revenue greater than 3
percent. For subchapter I entities, our
analysis shows a less than 1 percent
impact to annual revenue for all small
entities.
(5) A description of the projected
reporting, recordkeeping, and other
compliance requirements of the rule,
including an estimate of the classes of
small entities which will be subject to
the requirement and the type of
professional skills necessary for
preparation of the report or record.
This final rule calls for no new
reporting, recordkeeping, or other
compliance requirements.
(6) A description of the steps the
agency has taken to minimize the
significant economic impact on small
entities consistent with the stated
objectives of applicable statutes,
including a statement of the factual,
policy, and legal reasons for selecting
the alternative adopted in the final rule
and why each of the other significant
alternatives to the rule considered by
the agency which affect the impact on
small entities was rejected.
This final rule implements section
815 of CGAA 2018. The CGAA 2018
mandates the revision of towing vessel
inspection user fees if there are
differences in costs to the Government.
As such, the Coast Guard has no
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discretion to offer alternatives that
minimize the impact on small entities
while accomplishing the stated
objective of the statute.
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).
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.
Conclusion
In conclusion, we estimate that 80.6
percent of entities under 46 CFR
subchapter M with revenue data will
have an annual impact to revenue of 1
percent or less. Approximately 14.7
percent will have an annual impact to
revenue between 1 and 3 percent. The
remaining 4.7 percent will have an
annual impact to revenue greater than 3
percent. For entities under 46 CFR
subchapter I, our analysis shows a less
than 1 percent impact to annual revenue
for all small entities. We also discussed
several regulatory alternatives,
including our preferred alternative. Our
preferred alternative is to: (1) update the
user fee for seagoing towing vessels; (2)
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revise the user fee for other inspected
towing vessels; and (3) establish fees for
towing vessels using the ACP, SIP, or
TSMS options. Owners and operators of
vessels using the ACP, SIP, or TSMS
option will pay a lower fee than owners
and operators of vessels that use the
traditional Coast Guard inspection
option.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we offer to assist small entities in
understanding this final 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 final 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 final rule calls for no new or
revised collection of information under
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the Paperwork Reduction Act of 1995,
44 U.S.C. 3501–3520.
E. Federalism
A rule has implications for federalism
under Executive Order 13132
(Federalism) if it has a substantial direct
effect on 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 Executive
Order 13132 and have determined that
it is consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132. Our analysis follows.
It is well settled that States may not
regulate in categories reserved for
regulation by the Coast Guard. It is also
well settled that all of the categories
covered in 46 U.S.C. 3306, 3703, 7101,
and 8101 (design, construction,
alteration, repair, maintenance,
operation, equipping, personnel
qualification, and manning of vessels),
as well as the reporting of casualties and
any other category in which Congress
intended the Coast Guard to be the sole
source of a vessel’s obligations, are
within the field foreclosed from
regulation by the States. See the
Supreme Court’s decision in United
States v. Locke and Intertanko v. Locke,
529 U.S. 89, 120 S.Ct. 1135 (2000).
Therefore, because the States may not
regulate within these categories, this
rule is consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
I. Protection of Children
We have analyzed this final rule
under Executive Order 13045
(Protection of Children from
Environmental Health Risks and Safety
Risks). This final rule is not an
economically significant rule and will
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This final rule does not have tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments),
because it will 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 final rule
under Executive Order 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 Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
G. Taking of Private Property
This final rule will not cause a taking
of private property or otherwise have
taking implications under Executive
Order 12630 (Governmental Actions and
Interference with Constitutionally
Protected Property Rights).
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 (for
example, 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.
H. Civil Justice Reform
This final rule meets applicable
standards in sections 3(a) and 3(b)(2) of
M. Environment
We have analyzed this final rule
under Department of Homeland
F. Unfunded Mandates
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. Although this
final rule will not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
khammond on DSKJM1Z7X2PROD with RULES
Executive Order 12988 (Civil Justice
Reform) to minimize litigation,
eliminate ambiguity, and reduce
burden.
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Security Management Directive 023–01,
Rev. 1, associated implementing
instructions, and Environmental
Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
determination that this action is one of
a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. A Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
This final rule is categorically excluded
under paragraphs L54 and L57 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev 1.32
Paragraph L54 pertains to regulations
that are editorial or procedural.
Paragraph L57 pertains to regulations
concerning manning, documentation,
admeasurement, inspection, and
equipping of vessels.
This final rule updates the existing
user fee for seagoing towing vessels that
are 300 gross tons or more and
establishes specific user fees for other
towing vessels that have more recently
become subject to inspection.
List of Subjects in 46 CFR Part 2
Marine safety, Reporting and
recordkeeping requirements, Vessels.
For the reasons discussed in the
preamble, the Coast Guard amends 46
CFR part 2 as follows:
PART 2—VESSEL INSPECTIONS
1. The authority citation for part 2 is
revised to read as follows:
■
Authority: Sec. 622, Pub. L. 111–281; 33
U.S.C. 1903; 43 U.S.C. 1333; 46 U.S.C. 2103,
2110, 3306, 3703, 70034; DHS Delegation No.
00170.1, Revision No. 01.3, paragraph
(II)(77), (90), (92)(a), (92)(b); E.O. 12234, 45
FR 58801, 3 CFR, 1980 Comp., p. 277, sec.
1–105.
2. Amend § 2.10–25 by:
a. Revising the definition of ‘‘Seagoing towing vessel’’; and
■ b. Adding the definitions in
alphabetical order for ‘‘Alternative
Compliance Program option’’, ‘‘Annual
vessel inspection fee’’, ‘‘Coast Guard
option’’, ‘‘Streamlined Inspection
Program option’’, ‘‘Towing Safety
Management System option’’, and
‘‘Towing vessel’’.
■
■
32 https://www.dhs.gov/sites/default/files/
publications/DHS_Instruction%20Manual%2002301-001-01%20Rev%2001_
508%20Admin%20Rev.pdf (accessed July 10,
2023).
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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations
The additions and revision read as
follows:
§ 2.10–25
Definitions.
*
*
*
*
*
Alternative Compliance Program
option means the option described in 46
CFR part 8, subpart D.
Annual vessel inspection fee means
the fee charged for inspection and
related services provided by the Coast
Guard to determine whether a vessel
meets the requirements to maintain its
Certificate of Inspection.
Coast Guard option means an option
used by—
(1) A vessel inspected under a 46 CFR
subchapter that is not participating in
the Alternative Compliance Program
described in 46 CFR part 8, subpart D;
(2) A vessel inspected under a 46 CFR
subchapter that is not participating in
the Streamlined Inspection Program
described in 46 CFR part 8, subpart E;
or
(3) A vessel inspected under 46 CFR
subchapter M that is not participating in
the Towing Safety Management System
option described in 46 CFR part 138.
*
*
*
*
*
Seagoing towing vessel means a
commercial vessel 300 gross tons or
more engaged in or intending to engage
in the service of pulling, pushing, or
hauling alongside, or any combination
of pulling, pushing, or hauling
alongside, and that makes voyages
beyond the Boundary Line as defined by
46 U.S.C. 103, and has been issued a
Certificate of Inspection under the
provisions of subchapter I of this
chapter.
*
*
*
*
*
Streamlined Inspection Program
option means the option described in 46
CFR part 8, subpart E.
*
*
*
*
*
Towing Safety Management System
option means the option described in 46
CFR part 138 for towing vessels subject
to 46 CFR subchapter M.
Towing vessel means a commercial
vessel engaged in or intending to engage
in the service of pulling, pushing, or
hauling alongside, or any combination
of pulling, pushing, or hauling
alongside.
*
*
*
*
*
3. Amend § 2.10–101, in Table 2.10–
101, by:
■ a. Revising the ‘‘Sea-going Towing
Vessels’’ entry and, in order, adding the
subentries ‘‘Coast Guard option’’,
‘‘Alternative Compliance option’’, and
‘‘Streamlined Inspection Program
option’’; and
■ b. Adding an entry for ‘‘Towing
Vessels (Inspected under 46 CFR
Subchapter M)’’ and, in order, adding
the subentries ‘‘Coast Guard option’’
and ‘‘Towing Safety Management
System option’’.
The addition and revision read as
follows:
■
§ 2.10–101
Annual vessel inspection fee.
*
*
*
*
*
TABLE 2.10–101—ANNUAL VESSEL INSPECTION FEES FOR U.S. AND FOREIGN VESSELS REQUIRING A CERTIFICATE OF
INSPECTION
*
*
*
*
*
*
*
Seagoing Towing Vessels (Inspected under 46 CFR Subchapter I):
Coast Guard option ..................................................................................................................................................................................................
Alternative Compliance Program option ..................................................................................................................................................................
Streamlined Inspection Program option ...................................................................................................................................................................
2,747
1,850
2,260
*
*
*
*
*
*
*
Towing Vessels (Inspected under 46 CFR Subchapter M):
Coast Guard option ..................................................................................................................................................................................................
Towing Safety Management System option ............................................................................................................................................................
2,184
973
*
*
*
*
*
*
*
*
[FR Doc. 2023–28112 Filed 12–27–23; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 1
khammond on DSKJM1Z7X2PROD with RULES
[MD Docket Nos. 22–301, 23–159; FCC 23–
34; FR ID 191170]
Review of the Commission’s
Assessment and Collection of
Regulatory Fees; Assessment and
Collection of Regulatory Fees for
Fiscal Year 2023
Federal Communications
Commission.
ACTION: Final action.
AGENCY:
19:28 Dec 27, 2023
*
In this document, the Federal
Communications Commission
(Commission) amends its rules to
simplify and streamline the
Commission’s procedures for filing
waiver, deferral, and reduction requests
for regulatory fees and the procedures
for filing installment payment requests
for all debt owed to the Commission,
including regulatory fees, to reduce
administrative expenses and ensure
more rapid disposition of such requests.
DATES: The revision to the
Commission’s waiver procedure, 47 CFR
1.1166, became effective on October 16,
2023. The revision to 47 CFR 1.1914 is
delayed indefinitely until after review
by the Office of Management and
Budget (OMB), as required by the
Paperwork Reduction Act.
FOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of Managing
Director, at (202) 418–0444.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
SUMMARY:
Dated: December 18, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention Policy.
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*
and Order (May Report and Order), in
MD Docket Nos. 22–301 and 23–159,
FCC 23–34, adopted on May 12, 2023,
and released on May 15, 2023, as
amended by the sua sponte technical
corrections the Commission made to the
language of 47 CFR 1.1166 and 1.1914
in the Commission’s Report and Order,
FCC 23–66, MD Docket Nos. 22–310 and
23–159, adopted and released on August
10, 2023 (August Report and Order), 88
FR 63694, (Sept. 15, 2023). The full text
of the Commission’s May Report and
Order and August Report and Order are
available for public inspection by
downloading the text from the
Commission’s website at https://
www.fcc.gov/licensing-databases/fees/
regulatory-fees.
I. Administrative Matters
A. Final Paperwork Reduction Act of
1995 Analysis
1. The Commission adopted
amendments to 47 CFR 1.1166 and
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]]>Agencies
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89595-89608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28112]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 2
[Docket No. USCG-2018-0538]
RIN 1625-AC55
User Fees for Inspected Towing Vessels
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is updating its user fees for seagoing towing
vessels that are 300 gross tons or more and revising user fees for
other inspected towing vessels. The Coast Guard is issuing these
updates because it is required to establish and maintain a fair fee for
its vessel inspection services and to separate the fees for inspection
options that involve third-party auditors and surveyors from inspection
options that do not involve third parties. Under this final rule,
owners and operators of vessels using the Alternate Compliance Program,
Streamlined Inspection Program, or the Towing Safety Management System
options will pay a lower fee than vessels that use the traditional
Coast Guard inspection option.
DATES: This final rule is effective March 27, 2024.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0538 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Ms. Jennifer Hnatow, Coast Guard; telephone 202-372-1216,
email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose
A. The Problem We Seek To Address
B. Legal Authority To Address This Problem
C. Recent Legislation
III. Background
A. Origins of Annual Vessel Inspection Fees
B. Current Fees for Towing Vessels Subject to 46 CFR Subchapters
I and M
IV. Discussion of Comments and Changes
V. Discussion of the Rule
A. Categories of Annual Fees
B. Amending Annual Inspection Fees for Seagoing Towing Vessels
Subject to 46 CFR Subchapter I
C. Establishing Specific Annual Inspection Fees for Towing
Vessels Subject to 46 CFR Subchapter M
D. Methodology for Calculating Fees
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
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
ACP Alternate Compliance Program
CAA 2022 Consolidated Appropriations Act of 2022
CGAA 2018 Frank LoBiondo Coast Guard Authorization Act of 2018
CG-CVC Office of Commercial Vessel Compliance
COI Certificate of Inspection
DAPI Drug and Alcohol Program Inspector
DHS Department of Homeland Security
FR Federal Register
FRFA Final Regulatory Flexibility Analysis
FTE Full-Time Equivalent
ICR Information Collection Request
IRFA Initial Regulatory Flexibility Analysis
MISLE Marine Information for Safety and Law Enforcement
MTSA Maritime Transportation Security Act
NAICS North American Industry Classification System
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
RFA Regulatory Flexibility Act
SBA Small Business Administration
Sec. Section
SIP Streamlined Inspection Program
SSM Sector Staffing Model
TSMS Towing Safety Management System
TVNCOE Towing Vessel National Center of Expertise
U.S.C. United States Code
II. Basis and Purpose
In this section, the Coast Guard identifies the problem we intend
to address, the well-established statutory authority that enables us to
issue this final rule, and the recent legislation that provides
additional authority for this rulemaking.
A. The Problem We Seek To Address
On June 20, 2016, the Coast Guard published a final rule titled
``Inspection of Towing Vessels'' (81 FR 40003), in which we stated our
plan to begin a rulemaking for annual inspection fees for towing
vessels. The updated annual inspection fees in this final rule reflect
the program's costs for two options for towing vessels to document
compliance for obtaining a Certificate of Inspection (COI): \1\ the
Coast Guard option and the Towing Safety Management System (TSMS)
option.\2\ As indicated in the 2016 final rule, the existing default
fee of $1,030 was identified as the annual inspection fee for towing
vessels subject to 46 CFR subchapter M until new rates were
established. The existing fee of $1,030 is found in 46 CFR 2.10-101 and
applies to any inspected vessel not listed in table 2.10-101.\3\
---------------------------------------------------------------------------
\1\ See 46 CFR 136.130--Options for documenting compliance to
obtain a Certificate of Inspection.
\2\ The TSMS option is a voluntary inspection option that
permits qualified third-party organizations to conduct certain
vessel examinations in place of Coast Guard inspections. See 46 CFR
part 138--Towing Safety Management System (TSMS).
\3\ See 81 FR 40005. We discuss a recent statutory exception for
TSMS-option vessels below.
---------------------------------------------------------------------------
In addition to towing vessels subject to subchapter M that are
required to obtain COIs, towing vessels that qualify as seagoing motor
vessels (300 gross tons or more) are required to have COIs under
regulations in 46 CFR, chapter I,
[[Page 89596]]
subchapter I for cargo and miscellaneous vessels.\4\ The Coast Guard
set the annual inspection fee for these towing vessels at $2,915 in
1995, and this figure has never been updated.\5\
---------------------------------------------------------------------------
\4\ See 46 CFR 2.01-7 and 90.05-1. Under 46 U.S.C. 3301,
seagoing motor vessels are subject to inspection. Towing vessels are
motor vessels (vessels propelled by machinery other than steam), and
they fall within the definition of ``seagoing motor vessel'' if they
are at least 300 gross tons and make voyages beyond the Boundary
Line. See definitions in 46 U.S.C. 2101.
\5\ See 60 FR 13550, March 13, 1995; 46 CFR 2.10-101.
---------------------------------------------------------------------------
On January 11, 2022, we published a notice of proposed rulemaking
(NPRM) entitled ``User Fees for Inspected Towing Vessels'' (87 FR
1378). Having considered comments submitted in response to that NPRM,
we are issuing this final rule to update inspection fees for subchapter
M and I towing vessels.
B. Legal Authority To Address This Problem
The Coast Guard is issuing this final rule based on authority in
Section 2110 of Title 46 of the United States Code (U.S.C.) (46 U.S.C.
2110), which has been delegated to the Commandant under Department of
Homeland Security (DHS) Delegation No. 00170.1(II)(92), Revision 01.3.
These provisions direct the Coast Guard to establish a fee or charge
for inspections and related services described in 46 U.S.C. 2110(a)(1).
Under the law, the Coast Guard is required to establish a fee for its
inspection services that is fair and based on costs to the Government,
the value to the recipient, and public interest. The law also requires
that we review the costs of inspecting towing vessels for the
Government using the Coast Guard option or a third-party option, and
revise such fees if there is a difference.
C. Recent Legislation
On December 4, 2018, Congress enacted the Frank LoBiondo Coast
Guard Authorization Act of 2018 (CGAA 2018).\6\ Section 815 of the CGAA
2018 directs the Coast Guard to review and revise the fees for towing
vessel inspections. First, the Coast Guard must compare the costs to
the Government for towing vessel inspections performed by the Coast
Guard and towing vessel inspections performed by a third party to
determine if the costs are different. The Coast Guard interprets
``costs to the Government'' in Section 815(a) to mean the cost to the
Coast Guard for providing inspection and related services to determine
whether a vessel meets requirements to maintain its COI. If there is a
difference in costs, Section 815 of the CGAA 2018 directs us to revise
the fee we assess for such inspections to conform to 31 U.S.C. 9701,
and to base the fee on the cost to the Government. We have conducted
that comparison and determined that there is a difference in costs to
the Government between the inspection options for towing vessels that
involve a third party and for those that do not and will revise the
fees for these inspections as a result.
---------------------------------------------------------------------------
\6\ Public Law 115-282, 132 Stat. 4192.
---------------------------------------------------------------------------
On March 15, 2022, Congress enacted the Consolidated Appropriations
Act of 2022 (CAA 2022).\7\ Section 231 of the CAA 2022 prohibits the
Coast Guard from charging inspection user fees for towing vessels using
the TSMS option until the requirements of Section 815 of the CGAA 2018
are met.\8\ Thus, the intent of this final rule is to meet those
requirements of Section 815 of the CGAA 2018 by updating its inspection
fees for its Alternate Compliance Program (ACP), Streamlined Inspection
Program (SIP), and the TSMS option. Until the Coast Guard implements
this final rule and updates to the inspection fees become effective,
our agency will not charge TSMS option towing vessels an inspection
user fee.
---------------------------------------------------------------------------
\7\ Public Law 117-103, 136 Stat. 325.
\8\ See Sec. 231 of CAA 2020, Public Law 117-103, 136 Stat. 325.
---------------------------------------------------------------------------
III. Background
A. Origins of Annual Vessel Inspection Fees
The provisions of 46 U.S.C. 2110 require the establishment and
collection of user fees for Coast Guard services provided under
Subtitle II of Title 46, United States Code. On March 13, 1995, the
Coast Guard published the final rule on ``Direct User Fees for
Inspection or Examination of U.S. and Foreign Commercial Vessels.'' \9\
The fees in that final rule were intended to recover the costs
associated with providing Coast Guard vessel inspection services
directly or through an alternative reinspection program, although the
alternative reinspection program only applied to certain offshore
supply vessels. The final rule established user fees for services
related to commercial vessel inspection including annual fees for
seagoing towing vessels.
---------------------------------------------------------------------------
\9\ 60 FR 13550.
---------------------------------------------------------------------------
On June 20, 2016, the Coast Guard published the ``Inspection of
Towing Vessels'' final rule, in which we indicated that, in a
subsequent rulemaking, we would establish specific fees that would
reflect program costs associated with the TSMS and Coast Guard
inspection options for obtaining COIs. We stated that until those
specific fees were established, the annual inspection fee for towing
vessels subject to 46 CFR subchapter M would be the existing fee of
$1,030 in 46 CFR 2.10-101 for any inspected vessel not listed in table
2.10-101.\10\
---------------------------------------------------------------------------
\10\ See 81 FR at 40005.
---------------------------------------------------------------------------
B. Current Fees for Towing Vessels Subject to 46 CFR Subchapters I and
M
With the noted exception of towing vessels using the TSMS-option,
the Coast Guard currently charges an annual vessel inspection fee for
U.S. and foreign vessels requiring a COI, following the fee schedule
set in 46 CFR 2.10-101.\11\ The current fee for seagoing towing vessels
inspected under subchapter I is $2,915 for all inspection options--the
Coast Guard, the ACP, and the SIP. The current fee for towing vessels
inspected under all inspection options under 46 CFR subchapter M is
$1,030, which is the fee for ``[a]ny vessel not listed in this table.''
As stated above, TSMS fees are not currently being charged, and will
not be charged until this final rule is published.
---------------------------------------------------------------------------
\11\ Under 46 CFR 2.01-6(b), foreign vessels from countries
which are nonsignatory to the International Convention for the
Safety of Life at Sea, 1974, are issued a COI, if the inspector
approves the vessel and its equipment as described in Sec. 2.01-5.
We have records of COIs issued to foreign vessels in our Marine
Information for Safety and Law Enforcement (MISLE) database, but no
records of a COI issued to a foreign towing vessel.
---------------------------------------------------------------------------
IV. Discussion of Comments and Changes
In response to the NPRM we published January 11, 2022, we received
13 written submissions (plus one duplicate) to our docket. In total,
there are 35 comments in response to the proposed rule. These written
submissions are available in the public docket for this rulemaking,
where indicated under ADDRESSES or use the direct link https://www.regulations.gov/docket/USCG-2018-0538. The Coast Guard appreciates
the comments from the public, as these insights continue to inform
Coast Guard actions and programs. Below we summarize the comments and
our responses.
The Coast Guard received a number of comments about the proposed
fees. Some commenters stated that the proposed fees provided no
incentive for choosing the TSMS option, and that the TSMS user fee was
unfair due to the third-party costs associated with that option. Some
commenters said that the TSMS option offers increased safety, which
actually reduces the Coast Guard burden, so this should lead to lower
fees. Several commenters requested that the Coast Guard option user fee
remain $1,030. One commenter recommended a
[[Page 89597]]
reduction of the user fees for both TSMS option vessels and Coast Guard
option vessels.
After considering these comments, we retain the user fees proposed
in the NPRM for this final rule. Our reasons are as follows. The law
requires the Coast Guard to establish a fee for its inspection services
and the fees must be fair and based on the costs to the Government,
value to the recipient, and public interest. See 31 U.S.C. 9701. In
addition, Section 815 of the CGAA 2018 requires the Coast Guard to
review the costs to the Government of Coast Guard and third-party
inspections for towing vessels. If there is a difference in the costs
to the Government, we must revise the annual inspection fees set by the
Coast Guard for towing vessels. To revise the fees, we must comply with
the same fee-establishing requirements in 31 U.S.C. 9701. The user fee
amounts we set are based on the direct and indirect costs for the Coast
Guard to perform specific vessel inspection activities. The ``Cost
Study to Determine User Fees for Inspected Towing Vessels,'' available
in the docket where indicated under the ADDRESSES section of this
preamble, explains in detail how we determine direct and indirect costs
and calculate user fees. In developing the Cost Study, Coast Guard
program, budget, and field offices \12\ specified the cost model
elements, provided the data sources, and validated the methodology used
to determine towing vessel user fees, as well as the study results.
---------------------------------------------------------------------------
\12\ Coast Guard offices and units involved in the Cost Study
development include the--Office of Commercial Vessel Compliance (CG-
CVC), Office of Standards Evaluation and Development (CG-REG),
Office of Resource Management (CG-83) (formerly CG-DCO-83), Office
of Shore Forces (CG-741), Towing Vessel National Center of Expertise
(TVNCOE), Finance Center (FINCEN) and Marine Safety Unit Paducah,
Kentucky.
---------------------------------------------------------------------------
Furthermore, the user fees vary because the frequency of
inspections and the times for inspection activities vary based on
vessel class and inspection option. Selecting the TSMS or Coast Guard
inspection option is a business decision by the vessel owner or
operator.
Currently, owners and operators of about 70 percent of subchapter M
inspected towing vessels with a COI have chosen the TSMS option while
30 percent of COIs for subchapter M inspected towing vessels are issued
under the traditional Coast Guard option. This number has not
substantially changed since the implementation of the 2016 ``Inspection
of Towing Vessels'' final rule and the first COIs were issued in 2017.
The user fees for the TSMS option account for the cost to the
Government to provide inspections services for this vessel class and
inspection option. A vessel owner or operator who selects the TSMS
option is making a business decision that should account for the cost
to contract with a third-party organization. For these reasons, there
are no changes to the final rule in response to the comments on the
proposed fees.
Several commenters stated that the Cost Study is flawed. We
received comments indicating that the fees are duplicative, excessive,
do not accurately reflect the Coast Guard workload, and do not
represent the commenters' observed experience.
The Coast Guard disagrees. The fees we proposed for the Coast Guard
option and TSMS option accurately estimate the cost to the Government
to provide our inspection services. The Cost Study explains how we
determine direct and indirect costs. We derive the user fee from the
cost to the Coast Guard to perform a specific set of vessel inspection
activities. The time it takes to perform any specific inspection
activity includes more than just the observed time or ``boots on deck''
time on a vessel. A typical inspection involves pre-inspection
activities (for example, identifying vessel type, safety requirements,
and vessel history), in-person assessment activities (for example,
verifying the integrity of vessel's hull and presence of appropriate
safety equipment, and assessing proper operation of electrical and
mechanical equipment), and follow-up activities (for example, reporting
identified deficiencies, updating vessel data into the Coast Guard's
Coast Guard's Marine Information for Safety and Law Enforcement (MISLE)
system, and verifying deficiency rectification).
The Coast Guard periodically validates the duration of these vessel
inspection activity times. Concurrent inspection activities are
allocated less time than the primary inspection activities because
concurrent inspection activities are conducted together. Additionally,
unlike primary inspection activities, concurrent inspection activities
are not allocated travel time credit. Because the time for primary
inspection activities is recorded and allocated differently from
concurrent inspection activities, such concurrent inspection charges
are not redundant. For these reasons, the Coast Guard is maintaining
its reliance on the Cost Study in this area. As such, there is no
change to this final rule based on these comments.
One commenter stated that the Coast Guard has not yet determined
the time and resources necessary for the COI renewal process.
The Coast Guard disagrees. As stated above, the Cost Study explains
how we determine direct and indirect costs. The fees we proposed for
the Coast Guard option and TSMS option accurately estimate the cost to
the Government to provide our inspection services. For this reason, we
have made no changes from the proposed rule in response to this
comment.
Several commenters stated that the proposed fees impose a financial
hardship or burden on small business due to the state of the economy,
and that the Coast Guard should defer imposition of fees until we study
the costs further.
In accordance with 46 U.S.C. 2110, the Coast Guard is required to
establish a fee for its inspection services that is fair and based on
the costs to the Government, value to the recipient, and public
interest. The proposed user fees were developed in accordance with law,
and further delay or study is unnecessary. For this reason, we have
made no changes from the proposed rule in response to these comments.
One commenter stated that in not applying the inflation factor, the
proposed fees result in a significant increase in annual Government
revenues from user fees. The commenter said that for the TSMS option,
the current user fee of $1,030 should be increased by the inflation
factor of 1.58, and then divided by 5 to account for the 5-year period
between inspections and adjusted for the minimal periods of oversight.
The Coast Guard disagrees. We did not adjust the user fee for
towing vessels by an inflation factor since the previous user fee was
not specific to subchapter M towing vessels and did not reflect the
costs to the Coast Guard for performing inspections on towing vessels.
The user fee of $1,030 in Table 2.10-101 is for inspections on ``[a]ny
inspected vessel not listed in this table.'' The TSMS option user fee
in this rule is based on the costs to the Government to provide
inspection services. For these reasons, we have made no changes from
the proposed rule in response to this comment.
One commenter stated that an inspection visit resulted in lost
revenue from a potential barge move.
Lost revenue due to inspections is not within the scope of this
rulemaking. In 2004, Congress determined that towing vessels are to be
subject to inspection, resulting in the 2016 ``Inspection of Towing
Vessels'' final rule. The costs, including lost revenue, were
considered in that rulemaking and its accompanying regulatory analysis.
For
[[Page 89598]]
this reason, we have made no changes from the proposed rule in response
to this comment.
A commenter stated that this rule fails to acknowledge those towing
vessels on any water that are more than 15 gross tons and carrying
cargo for hire. The commenter said those vessels would also fall under
subchapter I and they should be addressed in this rulemaking.
The Coast Guard disagrees. Every request for inspection submitted
is reviewed on a case-by-case basis. Per 46 CFR 2.01-7, Table 2.01-
7(a), a vessel inspected under subchapter I includes ``[a]ll vessels
>15 gross tons carrying freight-for-hire[.]'' However, any vessel that
is (1) more than 15 gross tons but less than 300 gross tons and (2)
towing and also carrying cargo for hire on board the vessel separate
from the tow, would be considered for a multi-service vessel
certification. A vessel certificated for more than one service is
already covered under 46 CFR 2.10-101. The owner or operator of the
vessel must pay only the higher of the two applicable fees. For this
reason, we have made no changes from the proposed rule in response to
this comment.
Another commenter stated that audits by Drug and Alcohol Program
Inspectors (DAPI) and Maritime Transportation Security Act (MTSA)
verifications should be removed from the Cost Study because they are
not derived from the requirements of subchapter M.
The Coast Guard disagrees. The Coast Guard included DAPI audits (46
CFR 16.401) and MTSA verifications (46 CFR 140.660) in the Cost Study
because compliance with these requirements must be met prior to the
Coast Guard issuing a COI, regardless of the vessel inspection option
chosen. For this reason, we have made no changes from the proposed rule
in response to this comment.
One commenter stated that two categories of indirect costs are not
appropriate in an assessment of agency costs to provide towing vessel
inspection services: (1) policy and oversight costs, and (2) facility
overhead and support costs. The commenter further stated that the
operating and personnel costs of billets for staff at the Towing Vessel
National Center of Expertise (TVNCOE) and Coast Guard District, Area,
and Headquarters predate the publication and implementation of
subchapter M. The commenter also stated that they were unaware of any
new facilities or Coast Guard units that have been created for the
purpose of providing towing vessel inspection services or, more
broadly, implementing and enforcing subchapter M. The commenter
recommended eliminating the policy and oversight costs, and facility
overhead and support costs.
The Coast Guard disagrees. Policy and oversight activities are an
essential element to ensure consistent application of nationwide towing
vessel inspection requirements. Facility overhead and support costs are
included to fairly account for the cost to the Government to provide
inspection services. Historically, operating and overhead costs have
been included in vessel inspection user fees, as well as other Coast
Guard user fees such as merchant mariner credentialing and vessel
documentation. For these reasons, we have made no changes from the
proposed rule in response to this comment.
V. Discussion of the Rule
This final rule updates existing annual inspection fees for both
seagoing towing vessels (300 gross tons or more) and vessels subject to
the towing-vessel regulations in 46 CFR, subchapter M issued in 2016.
The annual inspection fees are located in 46 CFR part 2--Vessel
Inspections. In addition to the fees in Sec. 2.10-101, this part
contains definitions in Sec. 2.10-25. We are adding the following new
defined terms to Sec. 2.10-25:
Alternate Compliance Program option;
Annual vessel inspection fee;
Coast Guard option;
Streamlined Inspection Program option;
Towing Safety Management System option; and
Towing vessel.
We define annual vessel inspection fee as the fee charged by the
Coast Guard for providing inspection and related services to determine
whether a vessel meets the requirements to maintain its COI. The fee
charged by the Coast Guard reflects the cost to the Coast Guard. There
are several existing options for inspection, which we define in revised
Sec. 2.10-25 by referencing the regulations that establish each
option. For both seagoing and subchapter M towing vessels, there is a
Coast Guard option in which the Coast Guard performs all the relevant
inspection activity. For both types of vessels, there is also a third-
party option, already established in regulation, in which a third party
performs some of the relevant activity, but the Coast Guard still
inspects the vessel and examines evidence of compliance provided by
third parties.
For seagoing towing vessels there is an additional option, the SIP.
The SIP option does not involve a third party. Under the SIP option, a
vessel is inspected in accordance with an approved Vessel Action Plan
that the company's SIP agent develops with guidance from the Coast
Guard. In our definition of SIP, we point to subpart E of 46 CFR part
8, which spells out SIP program requirements.
We define towing vessel as a commercial vessel engaged in or
intending to engage in the service of pulling, pushing, or hauling
alongside, or any combination of pulling, pushing, or hauling
alongside.
We are also modifying the definition of an existing term in Sec.
2.10-25, Sea-going towing vessel. We are removing the modifier
``seagoing'' from the definition itself and inserting a description of
what seagoing means. The inserted description is ``and that makes
voyages beyond the Boundary Line as defined by 46 U.S.C. 103.'' \13\
The vessel must be 300 gross tons or more, to distinguish seagoing
towing vessels from towing vessels subject to subchapter M that travel
beyond the Boundary Line. We also remove the hyphen from seagoing.
---------------------------------------------------------------------------
\13\ Under 46 U.S.C. 103 and 33 U.S.C. 151(b), boundary lines
are used for dividing inland waters of the United States from the
high seas to delineate the application of certain U.S. statutes. For
a list of boundary lines and the statutes those lines are used to
delineate, see 46 CFR part 7, which lists boundary lines for the
Atlantic Coast, Gulf Coast, Pacific Coast, and the states of Alaska
and Hawaii.
---------------------------------------------------------------------------
A. Categories of Annual Fees
For towing vessels subject to 46 CFR subchapter M, we added two
categories of fees: the Coast Guard option and the TSMS option. For
seagoing towing vessels subject to 46 CFR subchapter I, we develop
three fee categories: the Coast Guard option, the ACP option, and the
SIP option. This fee structure helps to ensure the Coast Guard is able
to recover full costs to the Government and to separate annual
inspection fees for options involving third-party surveys and audits of
towing vessels using safety management systems.
B. Amending Annual Inspection Fees for Seagoing Towing Vessels Subject
to 46 CFR Subchapter I
We will be charging one of three annual fees for seagoing towing
vessels that are inspected under subchapter I:
$2,747 for those using the Coast Guard option;
$1,850 for those using the ACP option; and
$2,260 for those using the SIP option.
The previous annual fee for seagoing towing vessels that are
inspected under subchapter I was $2,915.
For a detailed discussion of how these fees were derived, see
Methodology for
[[Page 89599]]
Calculating Fees in section V.D of this preamble.
C. Establishing Specific Annual Inspection Fees for Towing Vessels
Subject to 46 CFR Subchapter M
We will also be charging one of two fees for towing vessels
inspected under subchapter M:
$2,184 for those using the Coast Guard option, and
$973 for those using the TSMS option.
The previous annual fee applied to subchapter M towing vessels was
$1,030.
For a more detailed discussion of how these fees were derived, see
Methodology for Calculating Fees in section V.D of this preamble.
D. Methodology for Calculating Fees
This section summarizes the methodology for calculating fees. For
more details, see the Cost Study \14\ in the docket where indicated
under the ADDRESSES section of this preamble.
---------------------------------------------------------------------------
\14\ The Cost Study is the same one referenced in the NPRM and
has not been changed.
---------------------------------------------------------------------------
To derive the costs of the various inspection types, we used an
activity-based costing \15\ approach in conjunction with the Sector
Staffing Model (SSM). The SSM is an activity-based model designed to
establish human capital requirements and quantify resources at Shore
Forces units.\16\ The SSM measures specific activity and frequency to
determine the Full-Time Equivalent (FTE) workforce needed to meet a
particular workload. Data in the model is derived from Coast Guard
enterprise databases and surveys conducted at the Coast Guard field
unit level. The model also incorporates unit specific travel times for
conducting missions, collateral duty workload, and mission required
training. In Spring 2012, the SSM was accredited in accordance with
official Coast Guard policy and currently serves as the primary
decision tool for managing sector enterprise staffing. Table 1 shows
the cost of activities for providing COI services to each type of
inspection. These costs are derived using SSM FTE calculations; see the
Cost Study in the docket for the full derivation of figures.
---------------------------------------------------------------------------
\15\ Activity-based costing is a method for determining the cost
of a service based on the cost of each individual element of that
service.
\16\ Shore Forces units are Coast Guard sector commands and
their subunits or field units. See the Coast Guard Strategic Cost
Manual, COMDTINST M7000.4 (February 2005), which is available in the
docket.
\17\ Indirect Costs are costs such as facility and overhead
costs as well as IT costs, since these costs are fixed regardless of
inspection type, the costs were divided by the vessel population as
of the Cost Study.
Table 1--Per Vessel Cost of Activities for Providing COI Services by User Fee Segment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter M: Subchapter M: Subchapter I: Subchapter I: Subchapter I:
Coast Guard TSMS Coast Guard ACP SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection Activity Costs *........................................ $1,182 $407 $1,617 $873 $1,213
Travel Costs....................................................... 317 40 356 356 356
Supervision and Administration Costs............................... 243 84 332 179 249
Indirect Costs \17\................................................ 442 442 442 442 442
------------------------------------------------------------------------------------
Total Annual Costs............................................. 2,184 973 2,747 1,850 2,260
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Due to a rounding error in the NPRM, Inspection Activity Costs were overstated by $1 for four of the inspection types. This does not impact the final
user fees.
The Coast Guard intends to collect one of five different user fees
from the approximately 4,762 towing vessels that require COIs under
subchapters I and M.\18\ Table 2 shows the fee charged before the CAA
2022 went into effect, the CAA 2022 fee, the final rule fee, the
incremental fee adjustment from the CAA 2022 fee, and the percent
change to the user fee from the CAA 2022 fee.\19\ The annual cost of
services for each vessel class is the final rule user fee for that
vessel class.
---------------------------------------------------------------------------
\18\ Vessel population data came from MISLE as of 2023. See the
Affected Population section for more details.
\19\ The NPRM for this rule was published prior to the CAA 2022,
thus the NPRM refers to the ``Current Fee.'' The ``Current Fee'' of
the NPRM is now labeled as the ``Pre-CAA 2022 Fee'' to avoid
confusion.
Table 2--Pre-CAA 2022, CAA 2022 Subchapter M and I User Fees and Final Rule User Fee Adjustment Amounts
----------------------------------------------------------------------------------------------------------------
Incremental Percent
Fee type/user fee class Pre-CAA CAA 2022 Final fee change
2022 fee fee Rule fee adjustment (%)
----------------------------------------------------------------------------------------------------------------
Subchapter M: Coast Guard option....................... $1,030 $1,030 $2,184 $1,154 112
Subchapter M: TSMS option.............................. 1,030 0 973 973 ........
Subchapter I: Coast Guard option....................... 2,915 2,915 2,747 -168 -6
Subchapter I: ACP option............................... 2,915 2,915 1,850 -1,065 -37
Subchapter I: SIP option............................... 2,915 2,915 2,260 -655 -22
----------------------------------------------------------------------------------------------------------------
VI. Regulatory Analyses
We developed this final rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review), as amended
by Executive Order 14094 (Modernizing Regulatory 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
[[Page 89600]]
equity). Executive Order 13563 emphasizes the importance of quantifying
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094. This rule has not
been reviewed by OMB. A regulatory analysis follows.
Changes From the Notice of Proposed Rulemaking
This final rule's regulatory analysis has made two changes from the
NPRM we published in 2022 (87 FR 1378), but the user fees are not
changed from the NPRM's rates. First, we updated the populations to
reflect current data from MISLE; the subchapter M population decreased
while the subchapter I population remained relatively stable.
Second, the baseline for TSMS fees under subchapter M decreased
from $1,030 to $0. This is because the CAA 2022 directed the Coast
Guard not to charge user fees to TSMS vessels under subchapter M until
it follows the steps in Section 815 of the CGAA 2018, and based on its
findings reported above, revises its fees. This rule will revise those
fees effective March 27, 2024.
Baselines
Currently, towing vessels are inspected under subchapter I or
subchapter M, dependent on their size and area of operation. Owners and
operators of towing vessels inspected under 46 CFR subchapter I pay a
user fee of $2,915 annually. Owners and operators of towing vessels
under 46 CFR subchapter M that choose to be inspected by the Coast
Guard pay a user fee of $1,030 annually. Owners and operators of towing
vessels under subchapter M that choose the TSMS option do not pay a
user fee because of the CAA 2022. However, as noted earlier, the
subchapter M user fee is not specific to towing vessels; rather it is
for all inspected vessels that do not have a specific user fee on Table
2.10-101. Prior to the CAA 2022 owners and operators of towing vessels
under subchapter M that choose the TSMS option paid a user fee of
$1,030 annually.
Under the current CAA 2022 baseline, we calculate that owners and
operators of 43 towing vessels inspected under subchapter I pay
$125,345 annually, and that owners and operators of 4,719 towing
vessels inspected under subchapter M pay $1,458,480 annually for
inspection services, respectively. Thus, the current transfer from
vessel owners to the Coast Guard for towing vessel inspection services
is $1,583,825 annually. Prior to the CAA 2022, when the TSMS user fee
was not suspended, owners and operators of all subchapter M towing
vessels (TSMS option and Coast Guard option) paid the $1,030 user fee.
This would have resulted in an annual transfer from subchapter M and I
vessel owners and operators to the Coast Guard for towing vessel
inspection services of $4,985,915. Owners and operators of towing
vessels choose between several vessel inspection alternatives. Once
selected, the inspection option is unlikely to change due to a change
in user fees, since there are private business costs associated with
changing inspection options. The Coast Guard's COI service costs are
fully funded through annual appropriations.\20\
---------------------------------------------------------------------------
\20\ The user fees collected for these services are offsetting
receipts and are deposited to the Department of Treasury and
credited to DHS appropriation as proprietary receipts. See 46 U.S.C.
2110(h).
---------------------------------------------------------------------------
This final rule establishes a user fee specific to towing vessels
under subchapter M, revises the user fee specific to towing vessels
under subchapter I, and establishes user fees for alternatives for
vessel inspection that require fewer Coast Guard inspection activities
or that take less time and thus have a lower cost to the Coast Guard.
This updated structure for user fees will help to ensure the Coast
Guard's ability to offset costs to the Government, and to separate
annual inspection fees for options involving third-party surveys and
audits of towing vessels using safety management systems. From a
baseline of the CAA 2022, this final rule results in an estimated $4.8
million annual transfer payment from owners and operators of towing
vessels to the Federal Government for COI services. The 10-year
transfers, undiscounted, are $49,320,822. The discounted annualized
figure, at 7 percent, is $4,918,994. The discounted annualized figure,
at 3 percent, is $4,926,329.
The Coast Guard also does the following in this final rule:
(1) Modifies the definition in Sec. 2.10-25 of Sea-going towing
vessel. We remove the modifier ``seagoing'' from the definition and
replace it with a description of what ``seagoing'' means. The updated
language is ``and that makes voyages beyond the Boundary Line as
defined by 46 U.S.C. 103.'' Also, we specify that the vessel must be
300 gross tons or more to distinguish seagoing towing vessels from
towing vessels that travel beyond the Boundary Line, which may be
subject to subchapter M. This is an administrative change, and it would
have no economic impact.
(2) Amends the user fees for towing vessels under 46 CFR subchapter
I. The current fee for the 43 seagoing towing vessels inspected under
subchapter I is $2,915 for all inspection options (Coast Guard, ACP,
and SIP). This final rule makes the fees specific to each inspection as
shown below in table 3. Owners and operators of vessels have already
chosen their inspection option and are unlikely to change their current
option. This is because there are costs associated with switching
inspection options and there are transactions in private industry and
business-specific costs \21\ beyond the inspection cost that make the
user fee a small portion of the overall cost of inspections.
---------------------------------------------------------------------------
\21\ Transaction costs vary by inspection option. Towing vessels
that elect to participate in the ACP must comply with the
requirements in 46 CFR part 8 subpart D, that includes working with
an ACP authorized classification society. Towing vessels that elect
to participate in the SIP must comply with the requirements in 46
CFR part 8 subpart E, that includes the development of a Company
Action Plan and a Vessel Action Plan.
Table 3--Current and Final Rule User Fees for Towing Vessels Under 46
CFR Subchapter I
------------------------------------------------------------------------
Current Revised
Inspection type fee fee
------------------------------------------------------------------------
Coast Guard option................................ $2,915 $2,747
ACP option........................................ 1,850
SIP option........................................ 2,260
------------------------------------------------------------------------
(3) Creates a specific user fee category for the 4,719 towing
vessels subject to 46 CFR subchapter in the table of fees in Sec.
2.10-101 and updates the current user fees for annual inspection fees
for towing vessels to reflect the specific program costs associated
with the two subchapter M options: the TSMS option and the Coast Guard
inspection option. The Coast Guard inspection option's current annual
fee is $1,030 for towing vessels subject to subchapter M. The existing
fee of $1,030 is found in 46 CFR 2.10-101 and applies to any inspected
vessel not listed in table 2.10-101. Owners and operators of subchapter
M vessels that choose the TSMS inspection option do not currently pay a
user fee. This final rule makes the fees specific to each inspection
type as shown below in table 4. Similar to owners and operators of
subchapter I vessels, owners and operators of subchapter M vessels have
already chosen their inspection option and are unlikely to change for
the same reasons.
[[Page 89601]]
Table 4--Current and Revised User Fees for Towing Vessels Under
Subchapter M
------------------------------------------------------------------------
Current Revised
Inspection type fee fee
------------------------------------------------------------------------
Coast Guard option................................ $1,030 $2,184
TSMS option....................................... 0 973
------------------------------------------------------------------------
(4) Defines the following new terms added to the table of fees in
Sec. 2.10-101: Annual vessel inspection fee, Alternative Compliance
Program option, Coast Guard option, Streamlined Inspection Program
option, Towing Safety Management System option, and Towing vessel. This
is an administrative change and has no economic impact. All these
points are described in greater detail in the Cost Study.
Affected Population
To obtain the affected population for this final rule, we used the
MISLE system. MISLE is the Coast Guard's vessel and marine activity
database and contains the best and most readily available vessel
population data. According to MISLE data as of 2023, the total affected
population of this final rule is 4,762 inspected towing vessels. There
are approximately 4,719 towing vessels that will require inspection
under 46 CFR subchapter M and 43 towing vessels that are inspected
under 46 CFR subchapter I. Coast Guard subject matter experts in the
Office of Commercial Vessel Compliance (CG-CVC) estimate that the
subchapter M population will increase by an average of 23 vessels per
year because a number of subchapter M vessels began the inspection
process to obtain a COI during the 4-year phase-in period but did not
complete the process. The Coast Guard believes that, over time, these
vessels will obtain new COIs; thus, the subchapter M population will
increase. The subchapter I population is expected to remain stable
because it historically has done so.
Rather than a single fee category for all towing vessels covered by
a subchapter, the Coast Guard is creating two categories for subchapter
M and three categories for subchapter I vessels. For subchapter M, the
inspection types are the Coast Guard option and the TSMS option. For
subchapter I, the inspection types are the Coast Guard option, the ACP
option, and the SIP option. Table 5 presents the total population of
inspected towing vessels impacted by this final rule and the current
breakdown of inspections within each subchapter. Table 6 presents the
projected subchapter M population and their projected counts of
inspection type. We assume that the subchapter M towing vessel
population will maintain their current split of 70 percent using the
TSMS option and 30 percent using the Coast Guard option during the
duration of the analysis.
Table 5--Total Affected Population for Inspected Towing Vessels
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
User Fee Categories Population
----------------------------------------------------------------------------------------------------------------
46 CFR Subchapter M Coast Guard TSMS option Total
option
--------------------------------------------------------
Population............................................. 1,416 3,303 4,719
% of Population 30% 70% 100%
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
46 CFR Subchapter I................. Coast Guard Total
option Vessel Inspection Alternatives
----------------------------------------------------------------------------------------------------------------
Alternate Streamlined
Compliance Inspection
Program (ACP) Program (SIP)
option option
----------------------------------------------------------------------------------------------------------------
Population.......................... 26 16 1 43
% of Population..................... 61% 37% 2% 100%
---------------------------------------------------------------------------
Total Population................ ................. ................. ................. 4,762
Table 6--Projected Subchapter M Population by Inspection Option
------------------------------------------------------------------------
Estimated annual subchapter M population by inspection type
-------------------------------------------------------------------------
Year CG option TSMS option
------------------------------------------------------------------------
Year 1.................................. 1,416 3,303
Year 2.................................. 1,423 3,319
Year 3.................................. 1,429 3,336
Year 4.................................. 1,436 3,352
Year 5.................................. 1,443 3,368
Year 6.................................. 1,450 3,384
Year 7.................................. 1,457 3,400
Year 8.................................. 1,464 3,416
Year 9.................................. 1,471 3,432
Year 10................................. 1,478 3,448
------------------------------------------------------------------------
Costs and Benefits
This final rule does not impose any new societal costs because all
the inspection activities are done by regulated entities and the Coast
Guard. Instead, the impacts of this final rule are in the form of
transfer payments, which are monetary payments from one group to
another that do not affect the total resources available to society.
This final rule does not provide any quantitative benefits;
however, revising
[[Page 89602]]
user fees to reflect the actual cost for the Coast Guard to provide
inspection services is a qualitative benefit. The result is a fairer
distribution of costs to inspected towing vessels by inspection type.
Section 2110 of Title 46 of the U.S.C. directs that the fee or charge
be established in accordance with 31 U.S.C. 9701, which specifies that
each charge be fair and based on the costs to the Government; the value
of the service or thing to the recipient, public policy, or interest
served; and other relevant facts. Consistent with these objectives,
once a fee or charge is established, Section 2110 allows the fee or
charge to be adjusted to accommodate changes in the cost of providing a
specific service or thing of value. This final rule aids the Coast
Guard in compliance with those statutory requirements.
Transfer Payments
This final rule adjusts the user fees collected from the current
entities so that there are now five different fees based on the towing
vessel subchapter and program used for vessel certification. There
currently are 4,762 affected towing vessels. Table 7 shows the pre-CAA
2022 baseline fee, CAA 2022 baseline fee, the final rule fee, the
change, and the percent change to the user fee from the pre-CAA 2022
and CAA 2022 baseline fees. The annual cost of services for each vessel
class is the user fee for that vessel class.
Table 7--Pre-CAA 2022 Baseline Fee, CAA 2022 Baseline Fee, for 46 CFR Subchapter M and I User Fees and Final Rule User Fee Adjustment Amounts
--------------------------------------------------------------------------------------------------------------------------------------------------------
Incremental
Pre-CAA CAA 2022 fee Percent Incremental Percent
Fee type/user fee class 2022 baseline Final rule adjustment change from fee adjustment change
baseline fee fee from pre- CAA pre-CAA 2022 from CAA from CAA
fee 2022 2022 2022
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter M: Coast Guard option........................ $1,030 $1,030 $2,184 $1,154 112% $1,154 112%
Subchapter M: TSMS option............................... 1,030 0 973 -57 -6% 973 ...........
Subchapter I: Coast Guard option........................ 2,915 2,915 2,747 -168 -6% -168 -6%
Subchapter I: ACP option................................ 2,915 2,915 1,850 -1,065 -37% -1,065 -37%
Subchapter I: SIP option................................ 2,915 2,915 2,260 -655 -22% -655 -22%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Since there are no distinct categories for TSMS, SIP, or ACP in the current user fee table, all owners and operators of subchapter M vessels would
normally pay one fee and all owners and operators of subchapter I vessels pay one fee.
In table 8, we show the total increase in annual transfer payments
from each vessel class to the Government and the total increase for all
vessels. For example, owners and operators of subchapter M vessels that
choose the Coast Guard option will pay an additional $1,154 per vessel
in user fees to the Coast Guard for inspection services. Negative
numbers represent a decrease in user fees. Transfer payments are
monetary payments from one group to another that do not affect total
resources. For this final rule, a user fee is a transfer payment from
the vessel's owner or operator to the Government to offset the costs to
the Coast Guard for providing COI services. This is calculated by
multiplying the vessel population by the incremental fee change.
Because the population of 46 CFR subchapter M vessels is projected to
increase, table 9 shows annual incremental transfer payments for this
subchapter. Totals are calculated by multiplying the populations in
table 6 by the appropriate fees.
---------------------------------------------------------------------------
\22\ The incremental changes in transfers are from the specified
baseline to the Final Rule user fee.
\23\ The incremental changes in transfers are from the specified
baseline to the Final Rule user fee.
Table 8--First Year Annual Incremental Fee Amounts \22\
----------------------------------------------------------------------------------------------------------------
First year First year fee
Incremental fee transfer Incremental transfer
Fee type/user fee class Estimated fee change payments from fee change payments from
population from pre-CAA pre-CAA 2022 from CAA 2022 CAA 2022
2022 baseline baseline baseline baseline
----------------------------------------------------------------------------------------------------------------
Subchapter M: Coast Guard option 1,416 $1,154 $1,634,064 $1,154 $1,634,064
Subchapter M: TSMS option....... 3,303 -57 -188,271 973 3,213,819
-------------------------------------------------------------------------------
Subtotal.................... 4,719 .............. 1,445,793 .............. 4,847,883
-------------------------------------------------------------------------------
Subchapter I: Coast Guard option 26 -168 -4,368 -168 -4,368
Subchapter I: ACP option........ 16 -1,065 -17,040 -1,065 -17,040
Subchapter I: SIP option........ 1 -655 -655 -655 -655
-------------------------------------------------------------------------------
Subtotal.................... 43 .............. -22,063 .............. -22,063
-------------------------------------------------------------------------------
Annual Total............ .............. .............. 1,423,730 .............. 4,825,820
----------------------------------------------------------------------------------------------------------------
Table 9--Subchapter M Annual Incremental Transfer Payments \23\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter M Subchapter M
CG option Pre- TSMS option total from CG option CAA TSMS option total from
Year CAA 2022 pre-CAA 2022 Pre-CAA 2022 2022 baseline CAA 2022 CAA 2022
baseline baseline baseline baseline baseline
--------------------------------------------------------------------------------------------------------------------------------------------------------
Year 1.................................................. $1,634,064 -188,271 $1,445,793 $1,634,064 $3,213,819 $4,847,883
Year 2.................................................. 1,642,142 -189,183 1,452,959 1,642,142 3,229,387 4,871,529
Year 3.................................................. 1,649,066 -190,152 1,458,914 1,649,066 3,245,928 4,894,994
Year 4.................................................. 1,657,144 -191,064 1,466,080 1,657,144 3,261,496 4,918,640
Year 5.................................................. 1,665,222 -191,976 1,473,246 1,665,222 3,277,064 4,942,286
[[Page 89603]]
Year 6.................................................. 1,673,300 -192,888 1,480,412 1,673,300 3,292,632 4,965,932
Year 7.................................................. 1,681,378 -193,800 1,487,578 1,681,378 3,308,200 4,989,578
Year 8.................................................. 1,689,456 -194,712 1,494,744 1,689,456 3,323,768 5,013,224
Year 9.................................................. 1,697,534 -195,624 1,501,910 1,697,534 3,339,336 5,036,870
Year 10................................................. 1,705,612 -196,536 1,509,076 1,705,612 3,354,904 5,060,516
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: The total transfer payments for subchapter M vessels rise annually due to an estimated annual increase in the population of 23 vessels.
The reduction in fees for owners and operators of vessels under 46
CFR subchapter I will result in a decrease in transfer payments in the
first year from the subchapter I towing vessel industry to the
Government of $22,063. Relative to the CAA 2022 baseline, the Coast
Guard expects to have an increase in transfer payments from owners and
operators of subchapter M towing vessels for the COI services of
$4,847,883 in the first year to the Government. The net change in
transfer payments is $4,825,820 in the first year. The 10-year transfer
payments, undiscounted, total $49,320,822. The discounted annualized
figure, at 7 percent, is $4,918,994.
Relative to the Pre-CAA 2022 baseline, the Coast Guard expects to
have an increase in transfer payments from owners and operators of
subchapter M towing vessels for the COI services of $1,445,793 in the
first year to the Government as shown in table 9. The sum of transfer
payments for vessels under subchapter I and M is $1,423,730 in the
first year from the subchapter I towing vessel industry to the
Government since subchapter I user fees are decreasing. The total 10-
year change in transfer payments, undiscounted, is $14,550,082. The
discounted annualized figure, at 7 percent, is $1,451,108. Table 10
summarizes the total 10-year change in transfer payments from the
towing vessel industry to the Government.
Table 10--Discounted Transfer Payments From Towing Vessel Operators to the Government
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pre-CAA 2022 baseline CAA 2022 baseline
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discounted Discounted
Year Undiscounted -------------------------------- Undiscounted -------------------------------
7% 3% 7% 3%
--------------------------------------------------------------------------------------------------------------------------------------------------------
1....................................................... $1,423,730 $1,330,589 $1,382,262 $4,825,820 $4,510,112 $4,685,262
2....................................................... 1,430,896 1,249,800 1348,757 4,849,466 4,235,711 4,571,087
3....................................................... 1,436,851 1,172,898 1,314,922 4,872,931 3,977,763 4,459,422
4....................................................... 1,444,017 1,101,634 1,282,990 4,896,577 3,735,575 4,350,545
5....................................................... 1,451,183 1,034,673 1,251,803 4,920,223 3,508,051 4,244,228
6....................................................... 1,458,349 971,760 1,221,344 4,943,869 3,294,309 4,140,412
7....................................................... 1,465,515 912,649 1,191,598 4,967,515 3,093,519 4,039,044
8....................................................... 1,472,681 857,114 1,162,548 4,991,161 2,904,901 3,940,069
9....................................................... 1,479,847 804,939 1,134,180 5,014,807 2,727,723 3,843,432
10...................................................... 1,487,013 755,922 1,106,477 5,038,453 2,561,294 3,749,082
-----------------------------------------------------------------------------------------------
Total *............................................. 14,550,082 10,191,977 12,396,882 49,320,822 34,548,958 42,022,583
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annualized.............................................. .............. 1,451,108 1,453,293 .............. 4,918,994 4,926,329
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.
Regulatory Alternatives
Alternatives considered include adjusting our current user fees for
inflation, updating only the Coast Guard option user fees, or
continuing with the current user fees. Each of these options will be
considered in the following discussion.
Under the first alternative, Coast Guard considered adjusting the
1995 user fees for inflation from 1995 dollars to 2022 dollars. To
adjust for inflation, we use an inflation factor from the annual gross
domestic product deflator data.\24\ We calculate the inflation factor
of 1.76 by dividing the annual 2022 index number (117.996) by the
annual 1995 index number (66.993). We then multiply the current fees
for 46 CFR subchapters I and M by the inflation factor and round it to
the nearest dollar. If we simply adjusted the user fees for inflation,
the annual fees charged under subchapters I and M would increase 76
percent, by $2,215 and $783, respectively. These fees, when multiplied
by the number of annual COI renewals, would yield a total annual
revenue of approximately $8.8 million and an increase in transfer
payments of $3.8 million. We rejected this alternative because the
annual revenue collected under this methodology would not reflect the
full cost to the Coast Guard of providing the COI-related services.
Table 11 shows the inflation adjusted user fees for subchapter I and M
vessels.
---------------------------------------------------------------------------
\24\ U.S. Bureau of Economic Analysis, ``Table 1.1.4. Price
Indexes for Gross Domestic Product,'' https://apps.bea.gov/iTable/?reqid=19&step=3&isuri=1&1910=x&0=-99&1921=survey&1903=4&1904=2009&1905=2018&1906=a&1911=0 (accessed
December 1, 2023).
[[Page 89604]]
Table 11--Comparison of User Fees in 1995 Dollars and 2022 Dollars
[Alternative 1] *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual fee Annual revenue
Fee category 1995 $ Inflation 2022 Population Incremental transfer collected from
fee factor dollars fee adjustment payments user fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
Subchapter I vessels.................................... $2,915 1.76 $5,130 43 $2,215 $95,245 $220,590
Subchapter M vessels.................................... 1,030 1.76 1,813 4,719 783 3,694,977 8,555,547
-----------------------------------------------------------------------------------------------
Total............................................... ......... ........... ......... ........... .............. 3,790,222 8,776,137
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: All dollar figures rounded to the closest whole dollar.
In the second alternative, we considered updating only the Coast
Guard option user fees. We rejected this alternative because it would
not comply with Section 815 of the CGAA 2018. Section 815 directs the
Coast Guard to review and, based on our findings, revise the fee for
towing vessel inspections. First, the Coast Guard must compare the
costs to the Government of towing vessel inspections performed by the
Coast Guard and towing vessel inspections performed by a third party,
to determine if they are different. We have conducted that comparison
and determined that there is a difference in costs to the Government
between the inspection options for towing vessels that involve a third
party and those that do not. If there is a difference in costs, Section
815 of the CGAA 2018 directs us to revise the fees we assess for towing
vessel inspections to conform to 31 U.S.C. 9701 and to base the fee on
the cost to the Government.
In our third alternative, we considered maintaining the current
user fee \25\ without an adjustment. We rejected this alternative
because the annual revenue collected under this methodology would not
cover the full cost to the Coast Guard of providing the COI-related
services.
---------------------------------------------------------------------------
\25\ Per the CAA 2022, towing vessels using the TSMS option
would continue to pay no annual inspection user fee.
---------------------------------------------------------------------------
B. Small Entities
Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, we
have considered the impact of this rule on 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.
A Final Regulatory Flexibility Analysis (FRFA) discussing the
impact of this rule on small entities follows. An FRFA addresses the
following:
(1) A statement of the need for, and objectives of, the rule;
(2) A statement of the significant issues raised by the public
comments in response to the Initial Regulatory Flexibility Analysis
(IRFA), a statement of the assessment of the agency of such issues, and
a statement of any changes made in the proposed rule as a result of
such comments;
(3) The response of the agency to any comments filed by the Chief
Counsel for Advocacy of the Small Business Administration (SBA) in
response to the proposed rule, and a detailed statement of any change
made to the proposed rule in the final rule as a result of the
comments;
(4) A description of and an estimate of the number of small
entities to which the rule will apply or an explanation of why no such
estimate is available;
(5) A description of the projected reporting, recordkeeping, and
other compliance requirements of the rule, including an estimate of the
classes of small entities which will be subject to the requirement and
the type of professional skills necessary for preparation of the report
or record; and
(6) A description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each of the other significant
alternatives to the rule considered by the agency which affect the
impact on small entities was rejected.\26\
---------------------------------------------------------------------------
\26\ 5 U.S.C. 604(a)(1) through (6).
---------------------------------------------------------------------------
Below is a discussion of the FRFA analysis for each of these six
elements.
(1) A statement of the need for, and objectives of, the rule.
The Coast Guard is updating the user fees for inspected towing
vessels because after reviewing the costs to the Government of
inspections under the Coast Guard option or options using a third
party, the Coast Guard has determined that updates are necessary to
ensure that fees for all options are fair and based on costs to the
Government. User fees for towing vessels inspected under 46 CFR
subchapter I have not been updated since 1995. The changes to the fees
are also consistent with the 2016 ``Inspection of Towing Vessels''
final rule, in which we stated that we planned to issue a separate
rulemaking for annual inspection fees for towing vessels that would
reflect the specific program costs associated with the two 46 CFR
subchapter M options--the TSMS option and the Coast Guard inspection
option.
The objective of this final rule is to comply with the law, which
requires the Coast Guard to establish a fee or charge for inspections
and related services described in 46 U.S.C. 2110(a)(1). Under this law,
the Coast Guard is required to establish a fee for its inspection
services that is fair and based on costs to the Government, the value
to the recipient, and public interest.
(2) A statement of the significant issues raised by the public
comments in response to the IRFA, a statement of the assessment of the
agency of such issues, and a statement of any changes made in the
proposed rule as a result of such comments.
This regulatory action received no comments directly related to the
IRFA analysis. However, we received several comments regarding
financial hardship due to the fee increase. The Coast Guard, in
accordance with 46 U.S.C. 2110, is required to establish a fee for its
inspection services that is fair and based on the costs to the
Government, value to the recipient, and public interest. The user fees
were developed in accordance with law. Each entity chooses its
inspection option and corresponding fee according to its business
needs. For a review of all the public comments received on the
rulemaking, see section IV., Discussion of Public Comments.
(3) The response of the agency to any comments filed by the Chief
Counsel for Advocacy of the SBA in response to the proposed rule, and a
detailed statement of any change made to the proposed rule in the final
rule as a result of the comments.
[[Page 89605]]
This regulatory action received no comments from the Chief Counsel
for the Advocacy of the SBA.
(4) A description of and an estimate of the number of small
entities to which the rule will apply or an explanation of why no such
estimate is available.
This final rule will affect the owners and operators of certain
towing vessels under 46 CFR subchapters I and M. We retrieved this
towing vessel population from the Coast Guard's MISLE system. From this
database, we identified 4,762 vessels affected by this final rule--
4,719 subchapter M towing vessels and 43 subchapter I towing vessels
(see table 5). There are 1,223 unique companies that own or operate
these vessels. Eight companies own vessels under both subchapters I and
M. One company owns only subchapter I vessels.
We used available information on operator names and addresses to
research public and proprietary databases for entity type (subsidiary
or parent company), primary line of business, employee size, revenue,
and other information.\27\ We found vessels owned by 21 government
entities and 4 nonprofit entities. The remaining 1,211 vessels are
owned by business entities. For governmental jurisdictions, we
determined whether the jurisdiction had populations of less than 50,000
as per the criteria in the RFA. For nonprofits, we evaluated whether
the nonprofit was independently owned and operated and if it was not
dominant in its field.\28\ For the business entities, we matched their
information with the SBA's latest Table of Small Business Size
Standards to determine if a business entity is small in its primary
line of business as classified in the North American Industry
Classification System (NAICS).\29\
---------------------------------------------------------------------------
\27\ https://www.cortera.com/, https://www.manta.com/, and
https://www.referenceusagov.com (accessed July 10, 2023).
\28\ We used https://www.guidestar.org to evaluate nonprofits
(accessed July 10, 2023).
\29\ https://www.sba.gov/document/support-table-size-standards
(accessed July 10, 2023).
---------------------------------------------------------------------------
We broke the population down into 46 CFR subchapters I and M. For
subchapter M, we used a random sample from the unique towing vessel
companies to reach the 95-percent confidence level. Using Cochran's
Formula, the Coast Guard chose a statistically valid random sample of
385 entities that own and operate towing vessels.\30\
---------------------------------------------------------------------------
\30\ A statistically valid random sample size of 292 businesses
would be required to achieve a 95-percent confidence level out of
the 1,222 unique towing vessel companies. In this analysis, the
Coast Guard oversampled to analyze 385 businesses to ensure enough
data and information was available on the businesses to meet the
sampling requirements.
---------------------------------------------------------------------------
There are a total of 97 NAICS-coded industries in this final rule's
sample affected population. Table 12 displays the 10 industries that
appear most frequently in the affected population of owners or
operators of towing vessels in subchapters I and M.
Table 12--Most Common NAICS Codes
----------------------------------------------------------------------------------------------------------------
Count of towing Percent
NAICS code Description Small entity definition vessel owners or of total
operators *
----------------------------------------------------------------------------------------------------------------
488330................... Navigational Services to <$47,000,000............... 45 11
Shipping.
238910................... Site Preparation <$19,000,000............... 33 8
Contractors.
441222................... Boat Dealers............... <$40,000,000............... 29 7
488410................... Motor Vehicle Towing....... <$9,000,000................ 18 5
236115................... New Single-family Housing <$45,000,000............... 16 4
Construction (Except For-
Sale Builders).
336611................... Ship Building and Repairing <1,300 Employees........... 9 2
237990................... Other Heavy and Civil <$45,000,000............... 8 2
Engineering Construction.
713930................... Marinas.................... <$11,000,000............... 8 2
483211................... Inland Water Freight <1,050 Employees........... 7 2
Transportation.
551111................... Offices of Bank Holding <$38,500,000............... 6 2
Companies.
----------------------------------------------------------------------------------------------------------------
Note: Total does not sum to 100 percent, since these percentages reflect only the top 10 most common NAICS codes
of the sample. The remaining 55 percent of NAICS codes were not within the 10 most commonly occurring.
For subchapter M, the Coast Guard chose a sample of 385 businesses
that own and operate the towing vessels. Of the 385 businesses, 33
exceeded the SBA small business size standards, 271 companies were
considered to be small businesses by the SBA size standards, and 81
companies had no information available. Consistent with DHS's
practices, entities with no information available are considered small
entities. Thus, there are 352 businesses in our sample that we consider
to be small entities. Based on our random sample, 91.4 percent of
subchapter M entities are considered small and therefore when applied
to the population of unique towing vessel companies, 1,118 subchapter M
entities are considered small.
For subchapter I, we searched all nine unique towing vessel
companies in the available databases. All had available revenue and
employee data. Of these nine unique towing vessel companies, eight
exceeded the SBA small business size standards and one was considered a
small entity by the SBA size standards.
For this analysis, we considered the annual weighted average
transfer from industry to the Coast Guard by subchapter. For subchapter
M vessels, we found the average fleet size for small entities is two
vessels and multiplied it by the weighted average of incremental
changes in user fees. According to our analysis of small subchapter M
vessels, 98 percent of entities choose the Coast Guard option for their
inspection option and 2 percent choose the TSMS option. Thus, we
multiplied the rates for entities choosing their inspection option by
the incremental change in user fees compared to the CAA 2022 baseline
and the average fleet size for small subchapter M entities, which
yielded an average increase in impact of $1,150 per subchapter M vessel
and $2,300 per small subchapter M entity due to the incremental change
in subchapter M fees.\31\ We repeated this process for subchapter I
entities. We found that each small entity had an average fleet size of
two vessels and multiplied it by the weighted average of incremental
changes in user fees. According to our
[[Page 89606]]
analysis of small subchapter I vessels, all entities chose the ACP
inspection option. This final rule will save subchapter I entities
$2,130. Tables 13 and 14 show the impact on revenues for small entities
that we had revenue data for under each subchapter.
---------------------------------------------------------------------------
\31\ The incremental change in subchapter M Coast Guard option
user fees is $1,154, while the incremental change in subchapter M
TSMS option user fee is $973. Thus, the average impact of $2,300 was
found by taking the weighted average of their inspection options by
the fleet size. ($1,154 x 98%) + ($973 x 2%) = $1,150. $1,150 x 2 =
$2,300.
Table 13--Estimated Annual Revenue Impact for Small Entities Under 46
CFR Subchapter M
------------------------------------------------------------------------
Number of Percent of
Revenue impact range (%) entities entities
------------------------------------------------------------------------
0 < 1................................... 170 80.6
1 < 3................................... 31 14.7
3 < 5................................... 7 3.3
5 < 10.................................. 3 1.4
Above 10................................ 0 0
-------------------------------
Total............................... 211 100
------------------------------------------------------------------------
Table 14--Estimated Annual Revenue Impact for Small Entities Under 46
CFR Subchapter I
------------------------------------------------------------------------
Number of Percent of
Revenue impact range (%) small entities small entities
------------------------------------------------------------------------
0 <= 1.................................. 1 100
1 <= 3.................................. 0 0
Above 3................................. 0 0
-------------------------------
Total............................... 1 100
------------------------------------------------------------------------
According to our analysis, 80.6 percent of subchapter M entities
will have an annual impact to revenue of 1 percent or less.
Approximately 14.7 percent will have an annual impact to revenue
between 1 and 3 percent. The remaining 4.7 percent will have an annual
impact to revenue greater than 3 percent. For subchapter I entities,
our analysis shows a less than 1 percent impact to annual revenue for
all small entities.
(5) A description of the projected reporting, recordkeeping, and
other compliance requirements of the rule, including an estimate of the
classes of small entities which will be subject to the requirement and
the type of professional skills necessary for preparation of the report
or record.
This final rule calls for no new reporting, recordkeeping, or other
compliance requirements.
(6) A description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each of the other significant
alternatives to the rule considered by the agency which affect the
impact on small entities was rejected.
This final rule implements section 815 of CGAA 2018. The CGAA 2018
mandates the revision of towing vessel inspection user fees if there
are differences in costs to the Government. As such, the Coast Guard
has no discretion to offer alternatives that minimize the impact on
small entities while accomplishing the stated objective of the statute.
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).
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.
Conclusion
In conclusion, we estimate that 80.6 percent of entities under 46
CFR subchapter M with revenue data will have an annual impact to
revenue of 1 percent or less. Approximately 14.7 percent will have an
annual impact to revenue between 1 and 3 percent. The remaining 4.7
percent will have an annual impact to revenue greater than 3 percent.
For entities under 46 CFR subchapter I, our analysis shows a less than
1 percent impact to annual revenue for all small entities. We also
discussed several regulatory alternatives, including our preferred
alternative. Our preferred alternative is to: (1) update the user fee
for seagoing towing vessels; (2) revise the user fee for other
inspected towing vessels; and (3) establish fees for towing vessels
using the ACP, SIP, or TSMS options. Owners and operators of vessels
using the ACP, SIP, or TSMS option will pay a lower fee than owners and
operators of vessels that use the traditional Coast Guard inspection
option.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this final 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 final 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 final rule calls for no new or revised collection of
information under
[[Page 89607]]
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on 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 Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis follows.
It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and
8101 (design, construction, alteration, repair, maintenance, operation,
equipping, personnel qualification, and manning of vessels), as well as
the reporting of casualties and any other category in which Congress
intended the Coast Guard to be the sole source of a vessel's
obligations, are within the field foreclosed from regulation by the
States. See the Supreme Court's decision in United States v. Locke and
Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). Therefore,
because the States may not regulate within these categories, this rule
is consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
F. Unfunded Mandates
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. Although this final rule will not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This final rule will not cause a taking of private property or
otherwise have taking implications under Executive Order 12630
(Governmental Actions and Interference with Constitutionally Protected
Property Rights).
H. Civil Justice Reform
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988 (Civil Justice Reform) to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this final rule under Executive Order 13045
(Protection of Children from Environmental Health Risks and Safety
Risks). This final rule is not an economically significant rule and
will not create an environmental risk to health or risk to safety that
might disproportionately affect children.
J. Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175 (Consultation and Coordination with Indian Tribal
Governments), because it will 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 final rule under Executive Order 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 Executive Order 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 (for example,
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 final rule under Department of Homeland
Security Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a determination that this action is one of a category of actions that
do not individually or cumulatively have a significant effect on the
human environment. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. This
final rule is categorically excluded under paragraphs L54 and L57 of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev 1.\32\
Paragraph L54 pertains to regulations that are editorial or procedural.
Paragraph L57 pertains to regulations concerning manning,
documentation, admeasurement, inspection, and equipping of vessels.
---------------------------------------------------------------------------
\32\ https://www.dhs.gov/sites/default/files/publications/DHS_Instruction%20Manual%20023-01-001-01%20Rev%2001_508%20Admin%20Rev.pdf (accessed July 10, 2023).
---------------------------------------------------------------------------
This final rule updates the existing user fee for seagoing towing
vessels that are 300 gross tons or more and establishes specific user
fees for other towing vessels that have more recently become subject to
inspection.
List of Subjects in 46 CFR Part 2
Marine safety, Reporting and recordkeeping requirements, Vessels.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 2 as follows:
PART 2--VESSEL INSPECTIONS
0
1. The authority citation for part 2 is revised to read as follows:
Authority: Sec. 622, Pub. L. 111-281; 33 U.S.C. 1903; 43 U.S.C.
1333; 46 U.S.C. 2103, 2110, 3306, 3703, 70034; DHS Delegation No.
00170.1, Revision No. 01.3, paragraph (II)(77), (90), (92)(a),
(92)(b); E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1-
105.
0
2. Amend Sec. 2.10-25 by:
0
a. Revising the definition of ``Sea-going towing vessel''; and
0
b. Adding the definitions in alphabetical order for ``Alternative
Compliance Program option'', ``Annual vessel inspection fee'', ``Coast
Guard option'', ``Streamlined Inspection Program option'', ``Towing
Safety Management System option'', and ``Towing vessel''.
[[Page 89608]]
The additions and revision read as follows:
Sec. 2.10-25 Definitions.
* * * * *
Alternative Compliance Program option means the option described in
46 CFR part 8, subpart D.
Annual vessel inspection fee means the fee charged for inspection
and related services provided by the Coast Guard to determine whether a
vessel meets the requirements to maintain its Certificate of
Inspection.
Coast Guard option means an option used by--
(1) A vessel inspected under a 46 CFR subchapter that is not
participating in the Alternative Compliance Program described in 46 CFR
part 8, subpart D;
(2) A vessel inspected under a 46 CFR subchapter that is not
participating in the Streamlined Inspection Program described in 46 CFR
part 8, subpart E; or
(3) A vessel inspected under 46 CFR subchapter M that is not
participating in the Towing Safety Management System option described
in 46 CFR part 138.
* * * * *
Seagoing towing vessel means a commercial vessel 300 gross tons or
more engaged in or intending to engage in the service of pulling,
pushing, or hauling alongside, or any combination of pulling, pushing,
or hauling alongside, and that makes voyages beyond the Boundary Line
as defined by 46 U.S.C. 103, and has been issued a Certificate of
Inspection under the provisions of subchapter I of this chapter.
* * * * *
Streamlined Inspection Program option means the option described in
46 CFR part 8, subpart E.
* * * * *
Towing Safety Management System option means the option described
in 46 CFR part 138 for towing vessels subject to 46 CFR subchapter M.
Towing vessel means a commercial vessel engaged in or intending to
engage in the service of pulling, pushing, or hauling alongside, or any
combination of pulling, pushing, or hauling alongside.
* * * * *
0
3. Amend Sec. 2.10-101, in Table 2.10-101, by:
0
a. Revising the ``Sea-going Towing Vessels'' entry and, in order,
adding the subentries ``Coast Guard option'', ``Alternative Compliance
option'', and ``Streamlined Inspection Program option''; and
0
b. Adding an entry for ``Towing Vessels (Inspected under 46 CFR
Subchapter M)'' and, in order, adding the subentries ``Coast Guard
option'' and ``Towing Safety Management System option''.
The addition and revision read as follows:
Sec. 2.10-101 Annual vessel inspection fee.
* * * * *
Table 2.10-101--Annual Vessel Inspection Fees for U.S. and Foreign
Vessels Requiring a Certificate of Inspection
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
Seagoing Towing Vessels (Inspected under 46 CFR
Subchapter I):
Coast Guard option............................... 2,747
Alternative Compliance Program option............ 1,850
Streamlined Inspection Program option............ 2,260
* * * * * * *
Towing Vessels (Inspected under 46 CFR Subchapter M):
Coast Guard option............................... 2,184
Towing Safety Management System option........... 973
* * * * * * *
------------------------------------------------------------------------
* * * * *
Dated: December 18, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2023-28112 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P
