[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Proposed Rules]
[Pages 45491-45498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18620]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 106

[Docket No. USCG-2015-0086]
RIN 1625-AC23


Requirements for Vessels With Registry Endorsements or Foreign-
Flagged Vessels That Perform Certain Aquaculture Support Operations

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its regulations to implement 
Section 901(c) of the Coast Guard Authorization Act of 2010 that grants 
the Secretary of the U.S. Department of Transportation (DOT) the 
authority to issue a waiver allowing a documented vessel with only a 
registry endorsement or a foreign-flagged vessel to be used in certain 
aquaculture operations. Specifically, those operations include the 
treatment and/or protection of aquaculture fish from disease, parasitic 
infestation, or other threats to their health. The proposed part would 
establish the requirement for an owner or operator of a vessel who is 
issued a waiver by the Secretary of DOT to notify the Coast Guard that 
the vessel owner or operator has been issued a waiver that allows the 
vessel to conduct certain aquaculture support operations. The proposed 
part would also establish operational and geographic requirements for 
vessels that are issued such a waiver.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before October 28, 
2015 or reach the Docket Management Facility by that date. Comments 
sent to the Office of Management and Budget (OMB) on the collection of 
information must reach OMB on or before October 28, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0086 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.
    Collection of Information Comments: If you have comments on the 
collection of information discussed in section VI.D. of this notice of 
proposed rulemaking, you must also send comments to the Office of 
Information and Regulatory Affairs (OIRA), Office of Management and 
Budget. To ensure that your comments to OIRA are received on time, the 
preferred methods are by email

[[Page 45492]]

to [email protected] (include the docket number and 
``Attention: Desk Officer for Coast Guard, DHS'' in the subject line of 
the email) or fax at 202-395-6566. An alternate, though slower, method 
is by the U.S. Postal Service to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, 725 17th Street 
NW., Washington, DC 20503, ATTN: Desk Officer, U.S. Coast Guard.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. David Belliveau, Fishing Vessels Division (CG-
CVC-3), U.S. Coast Guard; telephone 202-372-1247, email 
uscg.mil">David.J.Belliveau@uscg.mil. If you have questions on viewing or 
submitting material to the docket, call Ms. Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Basis and Purpose
IV. Background
V. Discussion of Proposed Rule
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. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov, and will include any 
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2015-0086), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov, 
and follow the instructions on that Web site. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the Facility, please enclose a stamped, self-addressed postcard 
or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
follow the instructions on that Web site. If you do not have access to 
the Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. We have an agreement with the Department of 
Transportation to use the Docket Management Facility.

C. Privacy Act

    You can search the electronic form of comments received into any of 
our dockets by searching for the name of the individual who submitted 
the comment (or who signed the comment, if the comment was submitted on 
behalf of an association, business, labor union, etc.). You may review 
a Privacy Act notice regarding our public dockets in the January 17, 
2008, issue of the Federal Register (73 FR 3316).

D. Public Meeting

    We do not plan to hold a public meeting, but you may submit a 
request for one to the docket using one of the methods specified under 
ADDRESSES. In your request, explain why you believe a public meeting 
would be beneficial. If we determine that a public meeting would aid 
this rulemaking, we will hold one at a time and place announced in a 
later notice in the Federal Register.

II. Abbreviations

BLS U.S. Bureau of Labor Statistics
CBP U.S. Customs and Border Protection
CFR Code of Federal Regulations
CGAA Coast Guard Authorization Act of 2010
COD Certificate of Documentation
DHS U.S. Department of Homeland Security
DOT U.S. Department of Transportation
E.O. Executive Order
FR Federal Register
NAICS North American Industry Classification System
NPRM Notice of proposed rulemaking
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
Pub. L. Public Law
RA Regulatory Analysis
U.S.C. United States Code

III. Basis and Purpose

    Under Title 46 U.S.C. 12102(d)(1), the Secretary of the U.S. 
Department of Transportation (DOT) may issue a waiver to allow a 
documented vessel with only a registry endorsement or a foreign-flagged 
vessel to be used in operations that treat aquaculture fish for or 
protect aquaculture fish from disease, parasitic infestation, or other 
threats to their health if the Secretary finds, after publishing a 
notice in the Federal Register (FR), that a suitable vessel of the 
United States is not available to perform those services.\1\
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    \1\ These services are generally performed by ``wellboats'' 
(commonly understood as fishing and housing facility vessels) that 
pump fish out of their pens and into the vessel's fish hold. The 
fish hold is full of sea water and while the fish are inside the 
fish hold, a metered dose of de-lousing chemical is added to the 
fish holds. The water is then circulated vigorously to ensure 
complete mixing of the de-lousing agent. Upon completion of the 
treatment cycle, the fish are returned to their pens.
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    In this notice of proposed rulemaking (NPRM), the Coast Guard 
proposes to amend 46 CFR subchapter I--Cargo and Miscellaneous Vessels, 
by adding a new part 106 that would establish the requirement for an 
owner or operator of a vessel who is issued a waiver by the Secretary 
of DOT, for the purpose of conducting certain aquaculture support 
operations, to notify the Coast Guard that such a waiver has been 
issued. The proposed part would also establish operational and 
geographic requirements for a vessel that is issued such a waiver.

IV. Background

    Section 901 of the Coast Guard Authorization Act of 2010 (CGAA) 
(Pub. L. 111-281) amended 46 U.S.C. 12102 by adding subsection (d). 
Pursuant to 46 U.S.C. 12102(d)(1), the Secretary of DOT may issue a 
waiver allowing a documented vessel with only a registry

[[Page 45493]]

endorsement or a foreign-flagged vessel to be used in operations that 
treat or protect aquaculture fish from disease, parasitic infestation, 
or other threats to their health if the Secretary finds, after 
publishing a notice in the Federal Register, that a suitable vessel of 
the United States is not available that could perform those services.
    This NPRM proposes regulations necessary to implement the Coast 
Guard's rulemaking responsibility as prescribed by 901(c)(2) of the 
CGAA. In that subsection, Congress directed the Secretary of the U.S. 
Department of Homeland Security (DHS), the department under which the 
Coast Guard operates, to promulgate regulations that are necessary and 
appropriate for permitting nonqualified vessels to perform certain 
aquaculture support operations. It also authorizes the Secretary of DHS 
to ``grant interim permits pending the issuance of such regulations 
upon receipt of applications containing the required information.'' 
Through this rule, we propose to establish the requirement that an 
owner or operator of a vessel who is issued a waiver by the Secretary 
of DOT for the purpose of conducting certain aquaculture support 
operations notify the Coast Guard that such a waiver has been issued. 
This proposed rule would also establish operational and geographic 
requirements for vessels that are issued such waivers.

V. Discussion of Proposed Rule

    Through this rulemaking, the Coast Guard proposes to add 46 CFR 
part 106, ``Requirements for Nonqualified Vessels that Perform Certain 
Aquaculture Support Operations.'' This proposed part would establish 
the requirement for owners or operators of vessels who are issued a 
waiver by the Secretary of DOT to conduct certain aquaculture support 
operations to notify the Coast Guard that such a waiver has been 
issued. In developing this proposed notification requirement, we 
considered the possibility of DOT notifying the Coast Guard that a 
waiver has been issued rather than imposing this notification burden on 
the owner/operator. However, we decided that an owner/operator may be 
better served if the owner/operator retains the responsibility of 
notifying the Coast Guard rather than rely on the issuing agency 
because doing so gives the owner/operator full and complete control 
regarding the timing of the notification. For more information on this 
proposed notification requirement, including the mailing and email 
addresses that notifications are to be sent, refer to Sec.  106.115. We 
are interested in hearing public comment on this proposed notification 
requirement (and the possibility of having DOT provide waiver 
notifications instead of an owner/operator) as we do with all of the 
requirements proposed in this rule. The proposed part would also 
establish operational and geographic requirements for vessels that are 
issued such a waiver. Based on submissions of applications for interim 
permits, we propose to require an owner or operator of a vessel who is 
issued a waiver by the Secretary of DOT, to submit to the Coast Guard:
    (1) The vessel(s) name(s);
    (2) The vessel's official and/or International Maritime 
Organization number;
    (3) The geographic location within the waters of the United States 
where the vessel(s) will conduct aquaculture treatment operations;
    (4) The period of time during which the waiver for the vessel(s) is 
approved including:
    (i) The start date (MM/DD/YYYY); and
    (ii) The expiration date (MM/DD/YYYY); and
    (5) A copy of the DOT-approved aquaculture waiver.

VI. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on these statutes or E.O.s.

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 NPRM is not a significant regulatory action under section 3(f) 
of E.O. 12866 as supplemented by E.O. 13563. Accordingly, the Office of 
Management and Budget (OMB) has not reviewed it under that Order. A 
combined preliminary Regulatory Analysis (RA) follows.
    This RA provides an evaluation of the economic impacts associated 
with this proposed rule. The table that follows provides a summary of 
the proposed rule's costs and benefits.

             Table 1--Summary of the Proposed Rule's Impacts
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             Category                              Summary
------------------------------------------------------------------------
Applicability.....................  Owners or operators of vessels that
                                     are issued a waiver allowing a
                                     documented vessel with only a
                                     registry endorsement or a foreign-
                                     flagged vessel to be used in
                                     operations that treat aquaculture
                                     fish.
Affected Population...............  2 vessels.
Costs to Industry and Government..  10-year: $808.98.
($, 7% discount rate).............  Annualized: $115.18.
Unquantified Benefits.............  Allows the Coast Guard to readily
                                     identify vessels with waivers to
                                     perform certain aquaculture support
                                     operations.
------------------------------------------------------------------------

    On May 27, 2010, the U.S. Customs and Border Protection (CBP) ruled 
that aquaculture activities constitute ``engag[ing] in the fisheries,'' 
and is thus within the meaning of 46 U.S.C. 108, for which a vessel 
must possess a Certificate of Documentation (COD) endorsed pursuant to 
46 U.S.C. 12113 (See CBP ruling HQ H105735). Title 46 U.S.C. 12113 
limits employment in the fisheries to a vessel issued a COD with a 
fishery endorsement. This effectively disqualifies any foreign-flagged 
vessel from carrying out these activities.
    Wellboats (or live fish carriers) were especially affected by this 
CBP ruling. Wellboats are highly specialized vessels that are used to 
treat farmed salmon. The wellboats are designed to service large 
inventories of farmed salmon during the salt-water grow-out phase

[[Page 45494]]

and are specially equipped to protect the fish onboard the vessel. 
Direct treatment aboard a wellboat is currently the most efficient and 
effective method to treat salmon. If left untreated, salmon inventories 
can be destroyed and the industry can lose revenue. Currently, no U.S.-
flagged wellboats exist. The only wellboats available to the U.S. 
salmon aquaculture industry are foreign-flagged vessels, which make the 
industry highly dependent on foreign-flagged wellboats.
    Through this rulemaking, the Coast Guard proposes to amend its 
regulations to implement Section 901(c) of the CGAA. Under that 
provision, the Secretary of DOT has the authority to issue a waiver 
allowing a documented vessel with only a registry endorsement or a 
foreign-flagged vessel to be used in certain aquaculture support 
operations that treat or protect aquaculture fish from disease, 
parasitic infestation, or other threats to their health if no suitable 
U.S.-flagged vessel is available to perform those services. Under this 
proposed rule, a vessel owner or operator of a vessel who has been 
issued a waiver by DOT to perform aquaculture support operations will 
be required to notify and provide a copy of the waiver to the Coast 
Guard. Through this rulemaking, we also propose to establish 
operational and geographic requirements for a vessel that is issued a 
waiver by DOT to perform aquaculture support operations. For more 
information on these requirements, refer to Sec.  106.120 Operational 
and Geographic Requirements.
Affected Population
    The Coast Guard determined the affected population based on the 
number of waiver requests from vessel owners and operators. Since the 
2010 CBP ruling, only one entity has applied for waivers for foreign-
flagged wellboats to treat salmon. This U.S. entity operates two 
foreign-flagged wellboats, and we anticipate that this entity will 
continue to apply for waivers in the future. Therefore, this proposed 
rule is projected to affect one U.S. entity that operates two vessels. 
Depending on the growth of the salmon aquaculture industry, there is 
the potential for the number of affected vessels to increase in the 
future. However, current trends indicate no increase in growth in the 
salmon aquaculture industry. Therefore, we did not consider, in this 
analysis, an annual increase in the number of waivers that would be 
submitted to the Coast Guard.
Costs
    In this proposed rule, owners or operators of foreign-flagged 
vessels, which are issued waivers by DOT to conduct certain aquaculture 
support operations, must notify the Coast Guard that such waivers have 
been issued. The costs of this proposed rule include the costs to the 
industry to provide copies of the waivers and the costs to the 
Government to process the information. Waivers will be issued on an 
annual basis per DOT requirements. Owners or operators of the vessels 
are required to provide copies of these waivers to the Coast Guard 
annually. Waivers are issued individually for each vessel involved in 
aquaculture support operations, and therefore, costs are estimated on a 
per vessel basis.
Industry Costs
    The Coast Guard estimates it will take 0.5 hours for a legal 
secretary to copy and send each waiver to the Coast Guard, via postal 
mail and electronic mail. The wage rate for a legal assistant was 
obtained from the U.S. Bureau of Labor Statistics (BLS), using 
Occupational Series 23-2011, Paralegals and Legal Assistants (May 
2013). BLS reports that the mean hourly rate for a legal assistant is 
$24.60.\2\ To account for employee benefits, we use the load factor of 
1.43, which we calculated from June 2014 BLS data.\3\ The loaded wage 
rate for a legal assistant is estimated at $35.18 per hour ($24.60 wage 
rate x 1.43 load factor). The expected cost to industry to provide 
copies of the waiver is $35.18 ($35.18 x 0.5 hours x 2 vessels). Table 
2 shows the total 10-year cost of two affected vessels to be $247.09 
and annualized cost of $35.18, both discounted at 7 percent.
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    \2\ Mean wage, http://www.bls.gov/oes/2013/may/oes232011.htm.
    \3\ Employer Costs for Employee Compensation news release text 
provides information on the employer compensation, and can be found 
at http://www.bls.gov/news.release/archives/ecec_09102014.htm.

                                     Table 2--Total 10 Year Cost to Industry
----------------------------------------------------------------------------------------------------------------
                                                                                              Discount rate
                                Year                                    Undiscounted   -------------------------
                                                                           costs             7%           3%
----------------------------------------------------------------------------------------------------------------
1..................................................................             $35.18       $32.88       $34.16
2..................................................................              35.18        30.73        33.16
3..................................................................              35.18        28.72        32.19
4..................................................................              35.18        26.84        31.26
5..................................................................              35.18        25.08        30.35
6..................................................................              35.18        23.44        29.46
7..................................................................              35.18        21.91        28.60
8..................................................................              35.18        20.48        27.77
9..................................................................              35.18        19.14        26.96
10.................................................................              35.18        17.88        26.18
    Total..........................................................             351.80       247.09       300.09
Annualized.........................................................  .................        35.18        35.18
----------------------------------------------------------------------------------------------------------------
Note: Total may not add due to rounding.

Government Costs
    The Coast Guard estimates it will take 0.5 hours per vessel for 
Coast Guard personnel at the GS-13 level to record the information from 
the waivers. The fully loaded wage rate for a GS-13 is $80, per 
Commandant Instruction 7310.1P.\4\ The total cost for the Coast Guard 
is $80 [(0.5 hours [sec] $80) x 2 vessels]. The total 10-year 
undiscounted Government cost of the proposed rule is $800. Table 3 
shows the total Government 10-year discounted cost at $561.89, and the 
annualized cost at $80, both discounted at 7 percent.
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    \4\ See http://www.uscg.mil/directives/ci/7000-7999/CI_ 
7310_1P.pdf.

[[Page 45495]]



                                         Table 3--Total Government Cost
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                                                                                              Discount rate
                                Year                                    Undiscounted   -------------------------
                                                                           costs             7%           3%
----------------------------------------------------------------------------------------------------------------
1..................................................................             $80.00       $74.77       $77.67
2..................................................................              80.00        69.88        75.41
3..................................................................              80.00        65.30        73.21
4..................................................................              80.00        61.03        71.08
5..................................................................              80.00        57.04        69.01
6..................................................................              80.00        53.31        67.00
7..................................................................              80.00        49.82        65.05
8..................................................................              80.00        46.56        63.15
9..................................................................              80.00        43.51        61.31
10.................................................................              80.00        40.67        59.53
    Total..........................................................             800.00       561.89       682.42
Annualized.........................................................  .................        80.00        80.00
----------------------------------------------------------------------------------------------------------------
Note: Total may not add due to rounding.

    Table 4 displays the total costs on an undiscounted basis, and 
discounted at 7 percent and 3 percent interest rates, respectively. The 
total 10-year undiscounted cost of the proposed rule is $1,151.80. The 
total 10-year (industry and government) discounted cost of the proposed 
rule is $808.98 and the annualized cost is $115.18, both discounted at 
7 percent.

                Table 4--Total Costs of the Proposed Rule
------------------------------------------------------------------------
                                                       Total, discounted
             Year                Total undiscounted  -------------------
                                        costs            7%        3%
------------------------------------------------------------------------
1.............................               $115.18   $107.64   $111.83
2.............................                115.18    100.60    108.57
3.............................                115.18     94.02    105.41
4.............................                115.18     87.87    102.34
5.............................                115.18     82.12     99.36
6.............................                115.18     76.75     96.46
7.............................                115.18     71.73     93.65
8.............................                115.18     67.04     90.92
9.............................                115.18     62.65     88.28
10............................                115.18     58.55     85.70
    Total.....................              1,151.80    808.98    982.51
Annualized....................  ....................    115.18    115.18
------------------------------------------------------------------------
Note: Total may not add due to rounding.

Benefits
    This proposed rule does not provide any quantitative benefits. 
However, it does have a qualitative benefit. It provides the Coast 
Guard with greater maritime domain awareness through the proposed 
requirement that an owner or operator of a vessel who has received a 
waiver from DOT must submit a copy of the waiver to the Coast Guard. 
The requirement to submit a copy of the waiver to the Coast Guard will 
ensure that appropriate Coast Guard officials are aware that foreign-
flagged vessels or vessels with only registry endorsements are 
conducting aquaculture support activities in U.S waters pursuant to a 
waiver issued by DOT under the authority of 46 U.S.C. 12102(d)(1).

B. Small Entities

    Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have 
considered whether this proposed 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.
    There is one U.S. entity that operates two foreign-flagged vessels 
that would be affected by this rulemaking at this time. This entity is 
neither a not-for-profit nor a governmental organization. The North 
American Industry Classification System (NAICS) for this entity is 
424460, Fish and Seafood Merchant Wholesalers. An entity with this 
NAICS code is considered a small entity if it has less than 100 
employees. Using the small entity definition for the NAICS code, we 
determined the entity is classified as a small entity, since this 
entity has 40 employees. Table 5 shows information on the U.S. entity 
classified as a small entity by NAICS code, and the small entity 
standard size established by the Small Business Administration.

[[Page 45496]]



                              Table 5--NAICS Code and Small Entities Size Standards
----------------------------------------------------------------------------------------------------------------
            NAICS Code                           Description                   Small business size standard
----------------------------------------------------------------------------------------------------------------
424460............................  Fish and Seafood Merchant             Less than 100 employees.
                                     Wholesalers.
----------------------------------------------------------------------------------------------------------------

    We reviewed business revenue data provided by a publicly available 
source \5\ and found that this entity has annual revenue estimated at 
$4,800,000. Therefore, the expected burden on the company from this 
rulemaking is estimated at less than 0.001 percent of total annual 
revenue.
---------------------------------------------------------------------------

    \5\ MANTA (http:// www.manta.com/ ) is an online business 
service directory and search engine that provides business revenue 
and size data.
---------------------------------------------------------------------------

    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. If you think 
that your business, organization, or governmental jurisdiction 
qualifies as a small entity and that this proposed rule would have a 
significant economic impact on it, please submit a comment to the 
Docket Management Facility at the address under ADDRESSES. In your 
comment, explain why you think it qualifies and how and to what degree 
this proposed rule would economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, Public Law 104-121, we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If you 
think that the proposed rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please consult 
with the Coast Guard personnel listed under the FOR FURTHER INFORMATION 
CONTACT section of this proposed rule. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed 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 proposed rule would call for a new collection of information 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. This 
collection is explained below under ESTIMATE OF TOTAL ANNUAL BURDEN. As 
defined in 5 CFR 1320.3(c), ``collection of information'' comprises 
reporting, recordkeeping, monitoring, posting, labeling, and other, 
similar actions. The title and description of the information 
collections, a description of those who must collect the information, 
and an estimate of the total annual burden follow. The estimate covers 
the time for reviewing instructions, searching existing sources of 
data, gathering and maintaining the data needed, and completing and 
reviewing the collection.
    Under the provisions of the proposed rule, an owner or operator of 
a vessel who is issued a waiver to conduct certain aquaculture support 
operations would notify the Coast Guard that such a waiver has been 
issued.
    Title: Requirements for Vessels that Perform Certain Aquaculture 
Support Operations
    Summary of the Collection of Information: An owner or operator of a 
vessel who is issued a waiver to conduct certain aquaculture support 
operations would be required to notify the Coast Guard that such a 
waiver has been issued.
    Need for Information: This information is necessary to ensure that 
appropriate Coast Guard officials are aware that foreign-flagged 
vessels or documented vessels with only registry endorsements are 
conducting aquaculture support activities in U.S. waters pursuant to 
waivers issued by DOT under the authority of 46 U.S.C. 12102(d)(1).
    Proposed Use of Information: The Coast Guard would use this 
information to ensure vessels operating in U.S. waters in support of 
aquaculture are compliant with DOT's requirement.
    Description of the Respondents: The respondents are owners or 
operators of vessels that are issued waivers to conduct certain 
aquaculture support operations.
    Number of Respondents: The number of respondents is one per year.
    Frequency of Response: Waivers are issued on an annual basis, so 
the frequency of response is one response per vessel, per year.
    Burden of Response: The estimated burden for each respondent is 0.5 
hours per vessel to copy waivers and send information to the Coast 
Guard.
    Estimate of Total Annual Burden: There is currently one entity 
operating two vessels that have been issued waivers. The total annual 
burden would be 1 hour (0.5 hours x 2 vessels). Assuming this task is 
performed by a legal assistant at a loaded hourly rate of $35.18, the 
annual cost burden for this requirement is $35.18 ($35.18 loaded wage 
rate x 1 total entity hours).
    We ask for public comment on the proposed collection of information 
to help us determine--
    (1) How useful the information is;
    (2) Whether it can help us perform our functions better;
    (3) Whether it is readily available elsewhere;
    (4) How accurate our estimate of the burden of collection is;
    (5) How valid our methods for determining burden are;
    (6) How we can improve the quality, usefulness, and clarity of the 
information; and
    (7) How we can minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them to both OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You are not required to respond to a collection of information 
unless it displays a currently valid control number from OMB. Before we 
could enforce the collection of information requirements in this 
proposed rule, OMB would need to approve our request to collect this 
information.

E. Federalism

    A rule has implications for federalism under E.O. 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

[[Page 45497]]

this rule under that order and have determined that it is consistent 
with the fundamental federalism principles and preemption requirements 
described in E.O. 13132. Our analysis is explained below.
    This proposed rule implements Section 901(c) of the Coast Guard 
Authorization Act of 2010. Section 901(c) amends Section 12102 of 
Chapter 121 of 46 U.S.C. by adding a waiver of certain Federal vessel 
documentation requirements for vessels performing aquaculture support 
operations. Neither Section 901 nor Chapter 121 contains authority for 
States to waive Federal vessel documentation requirements. 
Additionally, while Chapter 121 does not expressly prohibit States from 
having state titling systems, vessels that are required to be 
documented under Chapter 121 cannot be simultaneously titled by a State 
or numbered by a State pursuant to Chapter 123 (see 46 U.S.C. Section 
12106). Therefore, the rule is consistent with the principles of 
federalism and preemption requirements in E.O. 13132.
    While it is well settled that States may not regulate in categories 
in which Congress intended the Coast Guard to be the sole source of a 
vessel's obligations, the Coast Guard recognizes the key role that 
State and local governments may have in making regulatory 
determinations. Additionally, for rules with federalism implications 
and preemptive effect, E.O. 13132 specifically directs agencies to 
consult with State and local governments during the rulemaking process. 
If you believe this proposed rule has implications for federalism under 
E.O. 13132, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section of this preamble.

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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this 
proposed rule elsewhere in this preamble.

G. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under E.O. 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

H. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this proposed rule under E.O. 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. This 
proposed rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This proposed rule does not have tribal implications under E.O. 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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 proposed rule under E.O. 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 E.O. 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 OMB, 
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 proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this proposed 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 made a 
preliminary 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 preliminary environmental analysis 
checklist supporting this determination is available in the docket 
where indicated under the ``Public Participation and Request for 
Comments'' section of this preamble. This proposed rule involves 
vessels that have received waivers from the DOT to perform certain 
aquaculture support operations in U.S. waters (or could receive such 
waivers in the future) and the Coast Guard's notification and 
documentation requirements for those vessels. The proposed rule entails 
administrative activities, which pertain to regulations concerning 
documentation of vessels, and collectively appear to fall under section 
2.B.2 and Figure 2-1, paragraphs (34)(a) and (d) of the Instruction. We 
seek any comments or information that may lead to the discovery of a 
significant environmental impact resulting from this proposed rule.

List of Subjects in 46 CFR Part 106

    Aquaculture operations, Coastwise, Fishing vessels, Registry 
endorsement, Waiver.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to add 46 CFR part 106 to read as follows:
    Title 46--Shipping

PART 106--REQUIREMENTS FOR NON-QUALIFIED VESSELS THAT PERFORM 
CERTAIN AQUACULTURE SUPPORT OPERATIONS

Sec.
106.100 Purpose.
106.105 Applicability.
106.110 Definitions.
106.115 Notification requirements.
106.120 Operational and geographic requirements.
106.125 Penalties.

    Authority: Sec. 901(c)(2), Pub. L. 111-281, 124 Stat. 2905, 
Title IX; Department of Homeland Security Delegation No. 0170.1.


Sec.  106.100  Purpose.

    The regulations in this part implement 46 U.S.C. 12102(d).

[[Page 45498]]

Sec.  106.105  Applicability.

    The regulations in this part apply to a documented vessel with only 
a registry endorsement or a foreign-flagged vessel that has been issued 
a waiver by DOT under 46 U.S.C. 12102(d)(1), for the purpose of 
conducting aquaculture support operations.


Sec.  106.110  Definitions.

    For the purpose of this part:
    Aquaculture support operations means activities that treat 
aquaculture fish for or protect aquaculture fish from disease, 
parasitic infestation, or other threats to their health.


Sec.  106.115  Notification requirements.

    (a) Prior to operating in U.S. waters, a vessel owner, operator, or 
charterer that has been issued a waiver by DOT to conduct aquaculture 
support operations must notify the Coast Guard in writing of its 
status. The notification must include the following information:
    (1) The vessel(s) name(s);
    (2) The vessel's official and/ or International Maritime 
Organization number;
    (3) The geographic location within the waters of the United States 
where the vessel(s) will conduct treatment operations;
    (4) The period of time during which the waiver for the vessel(s) is 
approved including:
    (i) The start date (MM/ DD/ YYYY); and
    (ii) The expiration date (MM/ DD/ YYYY); and
    (5) A copy of the DOT-approved aquaculture waiver.
    (b) Written notification must be made to the Commandant (CG-CVC), 
ATTN: Office of Commercial Vessel Compliance, U.S. Coast Guard Stop 
7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-
7501, or by email to CG-CVC-3@ uscg.mil.


Sec.  106.120  Operational and geographic requirements.

    (a) Vessels with a DOT waiver, issued under 46 U.S.C. 12102(d)(1), 
for the purpose of performing aquaculture support operations are 
subject to the following restrictions:
    (1) Commercial operations other than operations that treat or 
protect aquaculture fish are prohibited;
    (2) While conducting aquaculture support operations, vessels will 
operate solely within the geographic location identified in the 
approved waiver issued by DOT; and
    (3) Vessels will not conduct aquaculture support operations beyond 
the period of time approved in the waiver issued by DOT.
    (b) Vessels conducting aquaculture support operations will, at all 
times, maintain a copy of the waiver issued by DOT on board the vessel 
as proof of its eligibility to conduct aquaculture support operations.


Sec.  106.125  Penalties.

    A vessel owner, operator, or charterer not operating a vessel as 
required in this part is subject to penalty under 46 U.S.C. 12151.

    Dated: July 23, 2015.
V.B. Gifford, Jr.,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2015-18620 Filed 7-29-15; 8:45 am]
BILLING CODE 9110-04-P