[Federal Register Volume 77, Number 126 (Friday, June 29, 2012)]
[Rules and Regulations]
[Pages 38729-38731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15976]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 126
[Docket No. USCG-2011-0966]
RIN 1625-AB82
Alternate Tonnage Threshold for Oil Spill Response Vessels
AGENCY: Coast Guard, DHS.
ACTION: Final rule; Interpretation.
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SUMMARY: The Coast Guard is establishing an alternate size threshold
based on the measurement system established under the International
Convention on Tonnage Measurement of Ships, 1969, for oil spill
response vessels, which are properly certificated under 46 CFR chapter
I, subchapter L. The present size threshold of 500 gross register tons
is based on the U.S. regulatory measurement system. This final rule
provides an alternative for owners and operators of offshore supply
vessels that may result in an increase in oil spill response capacity
and capability. This final rule adopts, without change, the interim
rule amending 46 CFR part 126 published in the Federal Register on
Monday, December 12, 2011.
DATES: This final rule is effective June 29, 2012.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0966 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 Internet by going to http://www.regulations.gov,
inserting USCG-2011-0966 in the ``Keyword'' box, and then clicking
``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this final
rule, call or email Mr. Brian T. Ellis, Coast Guard Marine Safety
Center; telephone 202-475-5636, email Brian.T.Ellis@uscg.mil. 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. 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
DHS Department of Homeland Security
FR Federal Register
GT ITC Gross Tonnage International Tonnage Convention, 1969
OSV Offshore Supply Vessel
OSRV Oil Spill Response Vessel
U.S.C. United States Code
II. Regulatory History
On Monday, December 12, 2011, the Coast Guard published an interim
rule with request for comments entitled Alternate Tonnage Threshold for
Oil Spill Response Vessels in the Federal Register (76 FR 77128). We
received no comments on the interim rule. No public meeting was
requested and none was held. This rule is considered to be an
interpretive rule under the Administrative Procedure Act (5 U.S.C. 551
et seq.) and, therefore, the 30-day delay of the effective date is not
required under 5 U.S.C. 553(d)(2).
III. Basis and Purpose
The interim final rule published in the Federal Register on Monday,
December 12, 2011 (76 FR 77128) provides a discussion of the basis and
purpose of this rulemaking, but a summary of that discussion follows.
This final rule establishes an alternate tonnage threshold at 6000
Gross Tonnage International Tonnage Convention (GT ITC) for oil spill
response vessels (OSRVs) that are also certificated as offshore supply
vessels (OSVs). The selected alternate tonnage threshold is consistent
with a 6000 GT ITC alternate threshold established for OSVs in 1996.\1\
This final rule will allow owners of OSVs regulated under the alternate
tonnage framework to also have their vessels certificated as OSRVs,
without the need to meet significantly higher standards applicable to
tank vessels.
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\1\ See Offshore Supply Vessels: Alternate Tonnage, 61 FR 66613
(Dec. 18, 1996), amending 46 CFR 125.160.
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Because this final rule provides for optional use of an alternative
approach to meet an existing requirement, there is no mandatory cost to
the public. The authority for this final rule is the 1996 Coast Guard
Authorization Act (the Act) (Pub. L. 104-324), as codified in 46 U.S.C.
3702(f)(2)(A) and 14104(b).
IV. Background
The interim final rule, published in the Federal Register on
Monday, December 12, 2011 (76 FR 77128), provides a discussion of the
background of this rulemaking. No comments were received on the interim
final rule and,
[[Page 38730]]
therefore, this final rule adopts, without change, that interim rule
amending 46 CFR part 126.
V. Regulatory Analyses
We developed this final 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 is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has reviewed it under that Order.
This final rule establishes a tonnage threshold of 6000 GT ITC for
OSRVs under the alternate tonnage framework, which offers a mechanism
for the Coast Guard to regulate vessels under tonnages assigned using
the convention measurement system, instead of the regulatory
measurement system. Therefore, this final rule provides an option to
owners of vessels certificated as OSVs (under 46 CFR subchapter L) to
seek OSRV certification based on this alternate tonnage threshold. We
believe that a vessel owner will opt to use the alternate tonnage
framework described in this final rule only if it will be beneficial to
the owner's business.
We expect this final rule to be beneficial to the public and to the
maritime industry because it provides the opportunity to increase oil
spill response capacity and capability.
This final rule provides for optional and voluntary use of an
alternative approach to meet an existing requirement. Accordingly,
there is no mandatory cost to the public.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), this rule
is considered an interpretive rule and is not subject to the
requirement under 5 U.S.C. 553(b) for publication of a general notice
of proposed rulemaking. Therefore, under 5 U.S.C. 601, it is not a rule
that is subject to the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.).
The Coast Guard issued this rule as an interpretive rule on
December 12, 2011, as authorized by section 702 of the Act (Pub. L.
104-324; October 19, 1996). The Conference Report on the Act (H. Rept.
104-854) states that, because this rule is considered to be an
interpretive rule under the Administrative Procedure Act (5 U.S.C. 551
et seq.), the notice of proposed rulemaking and comment requirements
and the 30-day delay of effective date under 5 U.S.C. 553 would not be
required in order to expedite this rulemaking.
This final rule provides for optional and voluntary use of an
alternative approach to owners of vessels certificated as OSVs to seek
an OSRV certification based on an alternate tonnage threshold. We
believe that a vessel owner will opt to use the alternate tonnage
framework described in this final rule only if it will be beneficial to
the owner's business. We expect this final rule to be beneficial to the
public and to the maritime industry because it provides the opportunity
to increase the availability and capacity of OSRVs.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult Brian T. Ellis, U.S. Coast Guard Marine
Safety Center, Tonnage Division, 202-475-5636, Brian.T.Ellis@uscg.mil.
The Coast Guard will not retaliate against small entities that question
or complain about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This rule calls for no new collection of information under 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 the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it does not have implications for federalism. It is
well settled that States may not establish alternate tonnages for oil
spill response vessels pursuant to 46 U.S.C. 3702(f)(2)(A). Therefore,
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.
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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 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 (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 final rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
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 final rule is categorically excluded under section
2.B.2, figure 2-1, paragraph (34)(d) of the Instruction. Exclusion
under paragraph (34)(d) applies because this final rule pertains to
regulations concerning documentation and admeasurement of vessels. 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 126
Cargo vessels, Marine safety, Reporting and recordkeeping
requirements.
PART 126-INSPECTION AND CERTIFICATION
Accordingly, the interim rule amending 46 CFR part 126, which was
published at 76 FR 77128 on December 12, 2011, is adopted as a final
rule without change.
Dated: May 24, 2012.
F. J. Sturm,
Acting Director of Commercial Regulations and Standards, U.S. Coast
Guard.
[FR Doc. 2012-15976 Filed 6-28-12; 8:45 am]
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