[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Rules and Regulations]
[Pages 76896-76899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31595]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 8
[Docket No. USCG-2011-0745]
RIN 1625-AB79
International Anti-Fouling System Certificate
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending its vessel inspection regulations
to add the International Anti-fouling System (IAFS) Certificate to the
list of certificates a recognized classification society may issue on
behalf of the Coast Guard. This action is being taken in response to
recently enacted legislation implementing the International Convention
on the Control of Harmful Anti-fouling Systems on Ships, 2001. This
final rule will enable recognized classification societies to apply to
the Coast Guard for authorization to issue IAFS Certificates to vessel
owners on behalf of the Coast Guard.
DATES: This final rule is effective January 9, 2012.
ADDRESSES: Comments and material received from the public, if any, as
well as documents mentioned in this preamble as being available in the
docket, are part of docket USCG-2011-0745 and are available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the
[[Page 76897]]
Internet by going to http://www.regulations.gov, inserting USCG-2011-
0745 in the ``Keyword'' box, and then clicking ``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email CDR Ryan Allain, Environmental Standards Division, Coast
Guard; telephone (202) 372-1430, email [email protected]. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
VI. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
IAFS International Anti-fouling System
NAICS North American Industry Classification System
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Regulatory History
On September 1, 2011, we published a notice of proposed rulemaking
(NPRM) entitled ``International Anti-fouling System Certificate'' in
the Federal Register (76 FR 54419). We did not receive any comments on
the NPRM. No public meeting was requested and none was held.
III. Basis and Purpose
The Coast Guard is amending 46 CFR 8.320(b) by adding the
International Anti-fouling System (IAFS) Certificate to the current
list of international convention certificates included in that
paragraph. Adding the IAFS Certificate to Sec. 8.320(b) will allow the
Coast Guard to authorize recognized classification societies to issue
IAFS Certificates. Authorization will be based on the Coast Guard's
review of applicable class rules and applicable classification society
procedures. See 46 CFR 8.320(a). For successful applicants, the Coast
Guard will then enter into a written agreement with a recognized
classification society authorized to issue international convention
certificates. The agreement will define the scope, terms, conditions,
and requirements of that delegation. See 46 CFR 8.320(c).
IV. Background
The Coast Guard Authorization Act of 2010 at Title X, Public Law
111-281, 124 Stat. 3023, 33 U.S.C. 3801 to 3857 (Oct. 15, 2010),
directs the Secretary of Homeland Security to administer and enforce
the International Convention on the Control of Harmful Anti-fouling
Systems on Ships, 2001 (Convention). The Secretary has delegated to the
Commandant of the Coast Guard her authority under 33 U.S.C. 3803, 3805,
3821-3823, 3842(a), 3852(a)-(e), and 3855 to implement, administer, and
enforce the Convention. Section 1021 of Title X (33 U.S.C. 3821) and
Regulation 2 of Annex 4 of the Convention call for U.S. Government
officials, or an organization identified by the United States, to issue
IAFS Certificates to ships whose anti-fouling systems fully comply with
the Convention.
Under the Convention, an ``anti-fouling system'' is defined as a
coating, paint, surface treatment, surface, or device that is used on a
ship to control or prevent attachment of unwanted organisms. The
Convention is currently focused on reducing pollution caused by
organotin compounds used in anti-fouling systems.
Since the mid-1990s, under authority of 46 U.S.C. 3103, 3306, 3316
and 3703, and regulations in 46 CFR part 8, the Coast Guard has
authorized recognized classification societies to issue international
certificates to vessels. The United States currently recognizes six
classification societies for purposes of issuing international
certificates: the American Bureau of Shipping (ABS, United States), Det
Norske Veritas (DNV, Norway), Lloyd's Register (LR, Great Britain),
Germanischer Lloyd (GL, Germany), Bureau Veritas (BV, France), and
RINA, S.p.A. (RINA, Italy).
The list of international certificates the Coast Guard may
authorize a recognized classification society to issue appears in 46
CFR 8.320. That list currently includes 12 certificates, but does not
include the IAFS Certificate.
V. Discussion of Comments and Changes
We received no comments on the NPRM and we made no changes in the
regulatory text in going from the proposed rule to this final rule.
VI. Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This final rule has not been designated a
``significant regulatory action'' under section 3(f) of Executive Order
12866. Accordingly, this final rule has not been reviewed by the Office
of Management and Budget. A regulatory assessment follows:
Under the authority of 46 U.S.C. 3103, 3306, 3316, and 3703, the
Coast Guard amends 46 CFR 8.320, to enable the Coast Guard to delegate
the activity of issuing IAFS Certificates to a recognized
classification society which would act on behalf of the Coast Guard.
The intent of this final rule is only to allow for the delegation of
IAFS Certification to recognized class societies; it does not impose
mandatory actions on the U.S. maritime industry.
We received no comments and found no additional information or data
that would cause us to change our regulatory assessment in the
``Regulatory Planning and Review'' section of the NPRM. We, therefore,
have adopted the regulatory assessment of the NPRM as final.
This final rule initiates the process that will allow recognized
classification societies to issue IAFS Certificates on behalf of the
Coast Guard. Any recognized classification society that wishes to issue
IAFS Certificates on the Coast Guard's behalf will be required to
request a delegation of authority from the Coast Guard pursuant to the
procedures in 46 CFR part 8. In response, the Coast Guard will evaluate
the application, and review the applicant's applicable class rules and
applicable classification society procedures, before deciding whether
to
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issue a delegation of authority to the applicant.
Although requesting the delegation of authority to conduct IAFS
surveys, inspections, and certifications is voluntary, classification
societies will incur minor costs associated with this process. The
Coast Guard will also incur costs associated with the evaluation of
these requests and the issuance of delegations of authority to
recognized classification societies.
The Coast Guard expects that this final rule will potentially
affect six classification societies which may request a delegation of
authority to issue IAFS Certificates. The Coast Guard used OMB-approved
collections of information (1625-0101, 1625-0095, 1625-0093, and 1625-
0041) to estimate the costs and burden.
The Coast Guard anticipates that each classification society will
take about 5.25 hours to review the rulemaking requirements and prepare
the delegation request. The total one-time cost for all six
classification societies is expected to be $2,800 (rounded).
In addition, the Coast Guard will incur a one-time cost to review
and approve the requests for delegation from each of the classification
societies. Based on the OMB-approved collections of information
discussed above, the Coast Guard will take about 5 hours to review,
approve, and issue an order to delegate authority. The Coast Guard will
incur a total one-time cost of $2,200 (rounded) based on OMB-approved
collection of information estimates.
The total one-time cost of this rule is expected to be $5,000 (non-
discounted) for classification societies and the Government combined.
This final rule will result in several benefits to the U.S.
maritime industry. First, it will result in a reduction of potential
wait time for IAFS Certificates. In the absence of delegation of
authority to classification societies, vessel owners and operators
would experience delays while the Coast Guard processes and issues IAFS
Certificates. Combined with the Coast Guard's other activities and
responsibilities, such a process would result in an unnecessary and
burdensome wait for vessels. By issuing delegation of authority to
classification societies, the Coast Guard will not have to redirect
resources that would be used for other missions, resulting in a more
efficient use of Government resources. Finally, this final rule will
mitigate potential consequences to U.S.-flagged vessels due to non-
compliance with the Convention, including costly vessel detentions in
foreign ports.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard has considered whether this rule would have a significant
economic impact on a substantial number of small entities. The term
``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
Classification societies affected by this rule are classified under
one of the following North American Industry Classification System
(NAICS) 6-digit codes for water transportation: 488330--Navigation
Services to Shipping, 488390--Other Support Activities for Water
Transportation, or 541611--Administrative Management and General
Management Consulting Services.
The Coast Guard did not find any classification societies directly
affected by this rule that are small businesses or governments with
populations of less than 50,000. The predominant U.S. classification
society is the American Bureau of Shipping (ABS). ABS is a privately
owned non-profit organization that is dominant in its field (Source:
2011 Hoovers, http://www.hoovers.com/company/American_Bureau_of_Shipping_Inc/rfsksji-1.html). Based on publicly available information,
ABS has more than 3,000 employees and an annual revenue of more than
$800 million (Source: 2011 Bloomberg, http://investing.businessweek.com/research/stocks/private/person.asp?personId=28915205&privcapId=4217113&previousCapId=764755&previousTitle=ABS%20Group%20of%20Companies,%20Inc). We do not consider ABS
to be a small entity under the Regulatory Flexibility Act. The other
classification societies affected by this rule are foreign owned and
operated.
The Coast Guard expects that this final rule will not have a
significant economic impact on a substantial number of small entities.
As described in section VI.A. of this preamble, ``Regulatory Planning
and Review,'' the anticipated cost of this rule, per class society, is
less than $500. This rule is not mandatory, and classification
societies, regardless of size, will choose to participate only if the
benefits are greater than the costs.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this final rule will not have a significant economic impact on a
substantial number of small entities.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist
small entities in understanding this rule so that they can better
evaluate its effects on them and participate in the rulemaking. If this
final rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult CDR Ryan Allain,
Environmental Standards Division, Coast Guard, telephone (202) 372-1430
or email [email protected]. 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.
D. Collection of Information
This final rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) because the
Coast Guard expects that the number of applications will be less than
10 in any given year.
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. It is well settled that States may
not regulate in categories reserved for regulation by the Coast Guard.
It is also well settled, now, 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) are within the field foreclosed from regulation by
the States. (See the decision of the Supreme Court in the consolidated
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89,
120 S. Ct. 1135 (March 6, 2000).). We have evaluated this rule under
E.O. 13132 and have determined that it is preemptive of state law or
regulation since Congress intended the Coast Guard to regulate the
issuance of international certificates that demonstrate compliance with
international conventions requiring antifouling systems aboard U.S.
flagged vessels certificated for international voyages, including
certificates issued by recognized classification societies. Because
States may not promulgate
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rules within this category, preemption is not an issue under Executive
Order 13132.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under 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 13211 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 (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraphs (34)(b) and (d), of the Instruction, and under
section 6(b) of the ``Appendix to National Environmental Policy Act:
Coast Guard Procedures for Categorical Exclusions, Notice of Final
Agency Policy'' (67 FR 48243, July 23, 2002). This rule involves the
delegation of authority, the inspection and documentation of vessels,
and congressionally-mandated regulations designed to improve or protect
the environment. An environmental analysis checklist and a categorical
exclusion determination are available in the docket where indicated
under ADDRESSES.
List of Subjects in 46 CFR Part 8
Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements,
Vessels.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 8 as follows:
PART 8--VESSEL INSPECTION ALTERNATIVES
0
1. The authority citation for part 8 is revised to read as follows:
Authority: 33 U.S.C. 3803 and 3821; 46 U.S.C. 3103, 3306, 3316,
3703; Department of Homeland Security Delegation No. 0170.1 and Aug.
8, 2011 Delegation of Authority, Anti-Fouling Systems.
0
2. Amend Sec. 8.320 as follows:
0
a. In paragraph (b)(11), remove the word ``and'';
0
b. In paragraph (b)(12), remove the symbol ``.'' and add, in its place,
the text ``; and''; and
0
c. Add paragraph (b)(13) to read as follows:
Sec. 8.320 Classification society authorization to issue
international certificates.
* * * * *
(b) * * *
(13) International Anti-fouling System Certificate.
* * * * *
Dated: December 5, 2011.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2011-31595 Filed 12-8-11; 8:45 am]
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