[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Proposed Rules]
[Pages 21214-21221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09877]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 151

[Docket No. USCG-2018-0245]
RIN 1625-AC45


Ballast Water Management--Annual Reporting Requirement

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to amend its regulations on ballast 
water management by eliminating the requirement for vessels operating 
on voyages exclusively between ports or places within a single Captain 
of the Port Zone to submit an Annual Ballast Water Summary Report for 
calendar year 2018. The Coast Guard views this current reporting 
requirement as unnecessary to analyze and understand ballast water 
management practices. This proposal would also serve to reduce the 
administrative burden on the

[[Page 21215]]

regulated population of vessels which are equipped with ballast tanks.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 8, 2018. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
on or before June 8, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0245 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.
    Collection of information. Submit comments on the collection of 
information discussed in section V.D. of this preamble both to the 
Coast Guard's online docket and to the Office of Information and 
Regulatory Affairs (OIRA) in the White House Office of Management and 
Budget using one of the following two methods:
 Email: [email protected].
 Mail: OIRA, 725 17th Street NW, Washington, DC 20503, 
attention Desk Officer for the Coast Guard.

FOR FURTHER INFORMATION CONTACT: For information about this document 
call or email Mr. John Morris, Program Manager, Environmental Standards 
Division, Coast Guard; telephone 202-372-1402, email 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
II. Abbreviations
III. Basis and Purpose
IV. Discussion of Proposed Rule
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. Public Participation and Requests for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this proposed rule for 
alternate instructions. Documents mentioned in this proposed rule as 
being available in the docket, and all public comments, will be 
available in our online docket at http://www.regulations.gov, and can 
be viewed by following that website's instructions. Additionally, if 
you go to the online docket and sign up for email alerts, you will be 
notified when comments are posted or if a final rule is published.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.

II. Abbreviations

BLS Bureau of Labor Statistics
BWM Ballast Water Management
CFR Code of Federal Regulations
COI Collection of Information
COT Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NANPCA Non-Indigenous Aquatic Nuisance Prevention and Control Act of 
1990
NBIC National Ballast Information Clearinghouse
NISA National Invasive Species Act of 1996
OMB Office of Management and Budget
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

III. Basis and Purpose

A. Legal Authority

    The Non-Indigenous Aquatic Nuisance Prevention and Control Act of 
1990 (NANPCA, Pub. L. 101-646), as amended by the National Invasive 
Species Act of 1996 (NISA), (Pub. L. 104-332), requires the Secretary 
of the Department of Homeland Security (DHS) to ensure, to the maximum 
extent practicable, that aquatic nuisance species are not discharged 
into U.S. waters from vessels (16 U.S.C. 4701 et seq.). These statutes 
also direct the Secretary to issue regulations and collect records 
regarding vessel ballasting practices as a means for determining vessel 
compliance with the ballast water management (BWM) program (16 U.S.C. 
4711(c) and (f)) and they authorize the Secretary to revise such 
regulations, as necessary, on the basis of best scientific information, 
and in accordance with criteria developed by the Aquatic Nuisance 
Species Task Force (16 U.S.C. 4711(e)). The Secretary has delegated the 
regulatory functions and authorities in 16 U.S.C. 4711 to the 
Commandant of the Coast Guard (Department of Homeland Security 
Delegation No. 0170.1 (II.)(57)).
    Coast Guard regulations regarding BWM are located in 33 CFR 151, 
subparts C (Sec. Sec.  151.1500 through 151.1518) and D (Sec. Sec.  
151.2000 through 151.2080). The regulations we propose to amend, 
Sec. Sec.  151.2015 and 151.2060, were issued in 2015 and deal with BWM 
reporting and recordkeeping requirements. See ``Ballast Water 
Management Reporting and Recordkeeping'' final rule (80 FR 73105, Nov. 
24, 2015).
    You may find a full discussion of the statutory and regulatory 
history of the Coast Guard's broader actions to implement both NANPCA 
and NISA in the preamble of our 2012 final rule, ``Standards for Living 
Organisms in Ships' Ballast Water Discharged in U.S. Waters,'' 
published on March 23, 2012 (77 FR 17254, 17255).

B. Reason for This Proposed Rule

    We have determined that the annual reporting requirement in Sec.  
151.2060 for vessels operating in a single Captain of the Port (COTP) 
Zone is unnecessary to analyze and understand ballast water management 
practices and is an unnecessary burden that should be removed. Our 
proposal to amend Sec. Sec.  151.2015 and 151.2060 is in accordance 
with 16 U.S.C. 4711(e) which authorizes the Secretary to revise such 
regulations, as necessary, on the basis of best scientific information, 
and in accordance with criteria developed by the Aquatic Nuisance 
Species Task Force.
    The 2015 final rule established a 3-year requirement starting in 
2016 for the master, owner, operator, agent, or person in charge of 
certain vessels with ballast tanks to submit an annual report of their 
BWM practices. The requirement applies to U.S. non-recreational vessels 
that operate on voyages exclusively between ports or places within a 
single COTP Zone. These reports contain information, specified in Sec.  
151.2060(f), about the vessel, the number of ballast tanks, total 
ballast water capacity, and a record of ballast water loading and 
discharges. These reports are submitted to the

[[Page 21216]]

National Ballast Information Clearinghouse (NBIC).
    The annual reports for calendar years 2016, 2017, and 2018, are due 
on March 31 of the following year. March 31, 2019 is the due date for 
the last report required by regulation. This proposed rule seeks to 
eliminate this annual reporting requirement in Sec.  151.2060(e) before 
the 2018 report is due. It would also amend Sec.  151.2015(c) to exempt 
vessels that operate on voyages exclusively between ports or places 
within a single COTP Zone from Sec.  151.2060 reporting requirements.
    The Coast Guard is proposing to remove this requirement because it 
views the existing reporting requirement as not meeting the necessary 
objective. We have reviewed the 2016 annual reports and have concluded 
that they do not contribute to the quality and breadth of BWM data as 
originally intended. A discussion of the objective of this requirement 
can be found in the preamble of the 2015 final rule.\1\ Our objective 
was to gather a sufficient amount of data without imposing an undue 
burden on vessels that were otherwise not required to report. However, 
we have concluded that the current annual reporting data fields are too 
simplistic to capture vessel movements and ballasting operations in the 
necessary level of detail. Therefore, we propose to relieve the 
affected population of the requirement to submit an annual report for 
calendar year 2018.
---------------------------------------------------------------------------

    \1\ See 80 FR 73105, 73106.
---------------------------------------------------------------------------

    We received recommendations supporting this proposed action in 
response to our June 8, 2017 (82 FR 26632) request to the public to 
identify rules that should be repealed, replaced, or modified to 
alleviate unnecessary regulatory burdens. To view these 
recommendations, see submissions 102, 143, and 147 under docket number 
USCG-2017-0480. One commenter correctly points out that a vessel 
operator cannot indicate in the Annual Ballast Water Summary Report 
whether the vessel uses water from a U.S. public water system as 
ballast.

IV. Discussion of Proposed Rule

    In this section, we describe how we propose to remove the Annual 
Ballast Water Ballast Water Summary Report requirement through changes 
to Sec. Sec.  151.2015 and 151.2060. Our proposed amendatory 
instructions and regulatory text appear at the end of this document.
    Section 151.2015. Currently Sec.  151.2015(c) exempts vessels that 
operate exclusively on voyages between ports or places within a single 
COTP Zone from the ballast water management requirements in Sec.  
151.2025 and from the recordkeeping requirements in Sec.  151.2070. We 
propose to add the reporting requirements in Sec.  151.2060 to this 
current list of exemptions in Sec.  151.2015(c). Restoring this 
reporting exemption provision to Sec.  151.2015(c) makes it clear to 
vessels that operate exclusively on voyages between ports or places 
within a single COTP Zone that they are not subject to the reporting 
requirements in Sec.  151.2060.
    We also propose to amend Table 1 to Sec.  151.2015, which lists 
specific exemptions for types of vessels. We propose to amend the 
column ``151.2060 (Reporting)'' to reflect vessels that operate 
exclusively on voyages between ports or places within a single COTP 
Zone are exempt from the reporting requirements in Sec.  151.2060. We 
would also add a footnote to the table for non-seagoing vessels. This 
footnote would replace the current lengthy qualifying language in the 
``151.2070 (Recordkeeping)'' column of the table for those non-seagoing 
vessels that operate exclusively on voyages between ports or places 
within a single COTP zone. We would also apply the footnote to the 
table's ``151.2060 (Reporting)'' column in that row based on our 
proposed amendment to Sec.  151.2015(c). Non-seagoing vessels are the 
only category of vessels in the table that may need this potential 
exemption reminder. The other categories of vessels are either exempt 
or operate in multiple COTP zones.
    Section 151.2060. Paragraph (b) of Sec.  151.2060 currently begins 
with language exempting vessels operating exclusively on voyages 
between ports or places within a single COTP Zone. We propose to delete 
this language because it would no longer be needed based on our 
proposed amendment to Sec.  151.2015(c) that would exempt such vessels 
from the requirements in Sec.  151.2060. Also, as previously discussed 
we propose to remove Sec.  151.2060(e) and (f). Paragraph (e) contains 
the requirement to submit the Annual Ballast Water Summary Report to 
the NBIC and paragraph (f) describes the information to be included in 
that report.

V. Regulatory Analyses

    The Coast Guard developed this proposed rule after considering 
numerous statutes and Executive orders related to rulemaking. A summary 
of our analyses based on these statutes or Executive orders follows.

A. Regulatory Planning and Review

    Executive Orders 13563 (Improving Regulation and Regulatory Review) 
and 12866 (Regulatory Planning and 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. Executive Order 13771 (Reducing Regulation and Controlling 
Regulatory Costs) directs agencies to reduce regulation and control 
regulatory costs and provides that ``for every one new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently managed and 
controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. OMB 
considers this rule to be an Executive Order 13771 deregulatory action. 
See OMB's Memorandum ``Guidance Implementing Executive Order 13771, 
Titled `Reducing Regulation and Controlling Regulatory Costs''' (April 
5, 2017). A regulatory analysis follows.
    The Coast Guard considers all estimates and analysis in this 
regulatory analysis subject to change in consideration of public 
comments. Table 1 presents a summary of the economic impact of the 
proposed rule. A detailed description of the estimates follows in the 
next section.

[[Page 21217]]



                          Table 1--Summary of the Economic Impact of the Proposed Rule
----------------------------------------------------------------------------------------------------------------
                                                           Affected
         Proposed change              Description       population \2\       Cost savings          Benefits
----------------------------------------------------------------------------------------------------------------
Eliminate the requirement for     Owners or           67 owners or        One-time savings    The proposed rule
 vessels operating exclusively     Operators of        operators of 166    of $3,461.          would remove the
 within a single COTP Zone to      vessels with        vessels operating                       reporting
 report ballast management         ballast tanks and   in one COTP Zone.                       requirement for
 practices to the NBIC.            operating                                                   the remainder of
                                   exclusively on                                              2018 and provide
                                   voyages between                                             a one-time
                                   ports and places                                            partial year
                                   within one COTP                                             savings for
                                   Zone would not                                              owners or
                                   have to report                                              operators.
                                   their ballast
                                   management
                                   practices for the
                                   final year of a 3-
                                   year commitment
                                   to report
                                   ballasting
                                   operations.
----------------------------------------------------------------------------------------------------------------

    Under this proposed rule, the Coast Guard would no longer require 
owners or operators of vessels with ballast tanks operating exclusively 
on voyages between ports or places within a single COTP Zone to submit 
an annual summary report of their ballast water management practices.
    Since 2016, owners or operators of vessels affected by the 2015 
final rule provision in Sec.  151.2060(e) have submitted annual summary 
reports as required to the NBIC. These summary reports were used to 
estimate the number of vessels that operated and the amount of ballast 
water discharged within a single COTP Zone. Based on the data received 
and analyzed by the NBIC, the Coast Guard is able to determine the 
actual number of vessels affected by the 2015 final rule. The NBIC data 
confirms that 67 owners or operators of 166 U.S.-flagged vessels \3\ 
have reported ballasting operations in accordance with Sec.  
151.2060(e). Table 2 presents the vessel types and number of these 
vessels.
---------------------------------------------------------------------------

    \1 3\ We estimated the population of affected vessels in the 
2015 final rule to be 1,280. This was an estimate based on potential 
vessels that might operate exclusively within a single COTP Zone. 
Since the publication of the 2015 final rule, vessel owners or 
operators have been providing information to the NBIC regarding 
their ballasting operations and area of operation. From this 
information, we are able to determine the actual vessel population 
that exclusively operate within a single COTP Zone. This proposed 
rule, in addition to eliminating Sec.  151.2060(e), would also 
reduce the affected population estimated in the 2015 final rule from 
1,280 to 166 vessels.

Table 2--U.S.-Flagged Vessels Operating Exclusively Within a Single COTP
                   Zone Affected by This Proposed Rule
------------------------------------------------------------------------
                                                             Affected
                       Vessel type                          population
------------------------------------------------------------------------
Tanker--Other...........................................               1
Tug only................................................              57
Offshore supply vessel..................................              38
Other (research, fishing, etc.).........................              21
Passenger...............................................               2
Bulk carrier............................................               2
Barge only..............................................              45
                                                         ---------------
    Total...............................................             166
------------------------------------------------------------------------
Source: NBIC Data https://invasions.si.edu/nbic/.

    We estimated in the 2015 final rule that the total annual amount of 
burden hours for owners or operators completing the reporting 
requirement at 40 minutes per vessel per year. We break down those 40 
minutes as 25 minutes to account for time needed throughout the year to 
record ballast management operations and 15 minutes for time needed by 
owners or operators to aggregate and calculate the recorded ballast 
water discharge information and to complete the electronic form 
submitted to the NBIC.
    This proposed rulemaking has been scheduled to enable the Coast 
Guard to issue a final rule by the end of fiscal year 2018, which is 
September 30, 2018, and to make the rule effective October 1, 2018. The 
current regulation only requires annual reports through the calendar 
year 2018. Therefore, any realized savings from this proposed rule 
would account for the last 3 months of calendar year 2018. We estimate 
that the total time saved by this proposed rule would be 21.25 minutes 
per vessel (15 minutes for submission of report + 6.25 total minutes 
from the last 3 months of 2018). Converting this time to an hourly 
equivalent, we arrive at 0.35 hours (21.25 minutes/60 minutes).
    We anticipate that the person charged with collecting and reporting 
the information to NBIC would be a vessel Captain, Mate or Vessel 
Pilot. The mean hourly wage rate associated with these professions is 
reported by the Bureau of Labor Statistics (BLS) to be $39.19 per 
hour.\4\ We calculated the load factor from data collected in the 
Employer Cost for Employee Compensation survey done by the BLS and 
applied it to the mean hourly wage rate to obtain a fully loaded wage 
rate, which more accurately represents the employers' cost per hour for 
an employee's work.\5\ The load factor we used for this economic 
analysis is 1.52.6 7 The loaded mean hourly wage rate used 
to assess the savings estimates for this proposed rule is calculated at 
$59.57 ($39.19 x 1.52).
---------------------------------------------------------------------------

    \4\ Information about the wage rates for Captains, Mates and 
Vessel Pilots (53-5021) can be found at https://www.bls.gov/oes/2016/may/oes535021.htm.
    \5\ A loaded wage rate is what a company pays per hour to employ 
a person, not the hourly wage the employee receives. The loaded wage 
rate includes the cost of benefits (health insurance, vacation, 
etc.).
    \6\ From the BLS, Employer Cost for Employee Compensation 
survey. Total compensation divided by wage and salary compensation.
    \7\ The load factor for wages is calculated by dividing total 
compensation by wages and salaries. For this report, we used the 
Transportation and Materials Moving Occupations, Private Industry 
report (Series IDs, CMU2010000520000D and CMU2020000520000D) for all 
workers using the multi-screen data search. Using 2016 Q2 data, we 
divide $27.55/$18.08 to get the load factor of 1.52. See https://data.bls.gov/cgi-bin/srgate.
---------------------------------------------------------------------------

    We anticipate that by eliminating the reporting requirement from 
the last quarter of the year, this proposed rule would reduce 
industry's economic burden by 58.1 hours (166 vessels x 0.35 hours). We 
calculate that the dollar value saved would be $20.85 per vessel 
($59.57 wage x 0.35 hours). The estimated one-time total savings for 
removing the reporting requirement for the 166 vessels operating 
exclusively between port or places within a single COTP Zone would be 
$3,461 ($20.85 per vessel savings x 166 vessels) (non-discounted). 
Table 3 presents the total savings to the affected population.

[[Page 21218]]



               Table 3--Total Savings for Affected Vessels
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Hourly Wage Paid to Employee.................................     $39.19
Load Factor to Account for Cost of Benefits..................       1.52
Loaded Wage..................................................     $59.57
Hours........................................................       0.35
Savings per Vessel (Hours x Loaded Wage Rate)................     $20.85
Affected Population..........................................        166
Total Savings * (Cost per Vessel x Affected Population)......     $3,461
------------------------------------------------------------------------
* Represents undiscounted totals. Totals may not sum due to rounding.

    This proposed rulemaking would not have annual recurring savings. 
This proposed rule would not require additional Coast Guard resources 
to implement and would be budget neutral.
    In addition, a one-time savings of $3,461 in 2018 is equivalent to 
approximately $197.76 in 2016 dollars using perpetual discounting at 7 
percent.

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.
    As described in the ``Regulatory Planning and Review'' section, we 
expect that the savings per vessel would be $20.85 for the remainder of 
2018. The Coast Guard is eliminating the reporting requirement under 
Sec.  151.2060(e), which applies to owners or operators of vessels 
operating exclusively between ports or places within a single COTP 
Zone. Based on our economic assessment of the proposed rule, we 
conclude that this proposed rule would have no cost burden to industry.
    Accordingly, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would 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 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 the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please contact the person in 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 change to an existing 
collection of information under the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501-3520. 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.
    Title: Ballast Water Management Reporting and Recordkeeping.
    OMB Control Number: 1625-0069.
    Summary of the Collection of Information: This proposed rule 
modifies the existing BWM reporting and recordkeeping requirement in 
Sec.  151.2060(e) which would amend current reporting. In the current 
regulation, the Coast Guard requires vessels with ballast tanks that 
operate exclusively on voyages between ports or places within a single 
COTP Zone to submit an annual summary report on their ballast water 
practices. The current final rule published in 2015 requires vessels to 
report to the NBIC for a 3-year period, after which a sunset clause in 
the rule has this provision expiring at the end of the 2018 calendar 
year. This proposed rule would remove the last year of reporting 
requirements for the population affected by the 2015 final rule and 
prior to the provision's sunset; thereby, returning the overall 
Collection of Information (COI) burden estimates to the 2015 final 
rule's level.
    Need for Information: The Coast Guard is removing the reporting 
requirement under Sec.  151.2060(e), because the information being 
provided by the affected population did not meet the expectations of 
the Coast Guard.
    Proposed Use of Information: The collection of this BWM data was 
intended to fill a limited gap in information about vessels operating 
exclusively within a single COTP Zone. The data was to measure ballast 
water practices within a COTP Zone, by vessels that operated 
exclusively within a single COTP Zone. Sections 151.2060(e) and (f) are 
being removed because the data collected did not help the Coast Guard 
to better understand these ballasting practices.
    Description of the Respondents: The respondents are the owners or 
operators of vessels with ballast water tanks operating exclusively on 
voyages between ports or place within a single COTP Zone.
    Number of Respondents: The current number of respondents is 9,663. 
However, when we published the final rule in 2015, we incorrectly 
estimated the additional number of respondents in the collection of 
information to be 1,280. The population of 1,280 was an overestimation 
by the Coast Guard because information about vessels operating 
exclusively within a single COTP Zone had not been documented prior to 
the 2015 final rule. For the purpose of maintaining continuity between 
the 2015 final rule and the overall COI OMB CONTROL NUMBER: 1625-0069, 
the Coast Guard estimates changes to the overall COI using the 2015 
final rule COI values to obtain a net result of zero.\8\ Therefore, in 
order to revert back to the 2015 baseline, we need to subtract the 
1,280 respondents we incorrectly estimated in the final rule.\9\ With 
this change, we are maintaining the 2015 baseline of 8,383 respondents 
because we would be subtracting the incorrect estimated population of 
1,280 respondents. The incurred cost savings and burden-hour reduction 
we estimate in this proposed rule would only affect 166 respondents

[[Page 21219]]

for the last three months of this calendar year. After this time, the 
approved OMB-approved number of respondents would remain at the 2015 
baseline level of 8,383 respondents because of the sunset clause in the 
2015 final rule. We show these calculations, for illustrative purposes, 
in the below table.
---------------------------------------------------------------------------

    \8\ The goal is to revert the COI Control #1625-0069 back to its 
original collection prior to the 2015 ballast water recordkeeping 
and reporting final rule.
    \9\ Appendix A of COI OMB Control No. 1625-0069.

                           Table 4--Summary of Collection of Information, Respondents
----------------------------------------------------------------------------------------------------------------
                                                                    Current COI                       New COI
                         Reporting items                            respondents     NPRM change       values
(A)                                                                          (B)             (C)           (B-C)
----------------------------------------------------------------------------------------------------------------
Voyage Reports..................................................           8,383               0           8,383
Annual Reports..................................................           1,280           1,280               0
Compliance Extension Request....................................               0               0               0
                                                                 -----------------------------------------------
    Total.......................................................           9,663           1,280           8,383
----------------------------------------------------------------------------------------------------------------

    Frequency of Response: Reporting requirement under this COI is 
scheduled to occur annually. This proposed rule would result in current 
respondents under Sec.  151.2060(e) to be no longer required to 
maintain and submit BWM information on an annual basis.
    Burden of Response: The Coast Guard anticipates that the 
elimination of the rule would decrease burden by approximately 40 
minutes per report for vessels with ballast water tanks operating 
exclusively on voyages between ports or places within a single COTP 
Zone.
    Estimate of Total Annual Burden: The annual reduction in burden is 
estimated as follows:
    (a) Annual reduction in burden resulting from removing reporting 
requirement for vessels operating within a single COTP Zone: This 
proposed rule would reduce the private sector burden hours for this COI 
by 58.1 hours (166 vessels x 0.35 hours [3 months of savings]). There 
are three items associated with this collection of information: Voyage 
reports, annual reports (which is applicable to this proposed rule), 
and compliance extension requests. The voyage reports and compliance 
extension requests are not included in this proposed rule. The burden 
estimates in this collection of information, stemming from these, would 
be unaffected. Voyage reports account for 60,727 hours, annual reports 
account for 858 hours, and compliance extension requests account for 
234 hours for a total of 61,819 hours. Essentially, with this proposed 
rule, we are accounting for the 58.1 burden hours of reduction in the 
last three months of this calendar year only, when the sunset clause 
becomes effective. To capture this change and to correct for the 
incorrect hour burden estimate of 858 hours, the total hour burden in 
the last three months of this year would be about 61,019 hours (61,819 
hours - 858 hours + 58 hours). After December 31, 2018, the burden 
hours will remain at the 2015 baseline level of 60,691 hours, or the 
current OMB inventory amount, with the subtraction of the 858 hours for 
the annual reports.
    Moreover, due to the establishment of a sunset clause in the 2015 
final rule, all recordkeeping and reporting burden associated with this 
regulation would be eliminated. This adjustment would only reduce 
current ICR burden levels prior to the 2015 final rule. We show the 
burden hour calculations in the table 5.

                           Table 5--Summary of Collection of Information, Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                                    Current COI                       New COI
                         Reporting items                           burden hours     NPRM change       values
(A)                                                                          (B)             (C)           (B-C)
----------------------------------------------------------------------------------------------------------------
Voyage Reports..................................................          60,727               0          60,727
Annual Reports..................................................             858             858               0
Compliance Extension Request....................................             234               0             234
                                                                 -----------------------------------------------
    Total.......................................................          61,819             858         *60,961
----------------------------------------------------------------------------------------------------------------
* Although this proposed rule would add 58.1 hours for the last three months of this year, after this time, the
  total hour burden estimate would revert back to the 2015 baseline level or current OMB inventory amount of
  60,961 due to the fact that there would no longer be a need to complete annual reports for vessels traveling
  exclusively between ports or places within a single Captain of the Port Zone.

    (b) Reduction of annual burden due to the elimination of the 
current rule: This proposed rule would result in a reduction of annual 
burden of 58.1 hours for the last three months of the year ending 
December 31, 2018. However, after correcting for the overestimated 
burden in the 2015 COI, the reduction in annual burden hours as 
reflected in the Supporting Statement for this COI is 858 hours (as 
explained above).
    As required by 44 U.S.C. 3507 (d), we will submit a copy of this 
proposed rule to OMB for its review of the collection of information.
    If you submit comments on the collection of information, submit 
them both to OMB and to the docket where indicated under ADDRESSES, by 
the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the Coast 
Guard could enforce the collection of information requirements in this 
proposed rule, OMB would need to approve the Coast Guard's request to 
collect this information.

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

[[Page 21220]]

power and responsibilities among the various levels of government. We 
have analyzed this proposed 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.
    This proposed rule would revise the Coast Guard's BWM reporting and 
recordkeeping requirements promulgated under the authority of NANPCA, 
as amended by NISA. Specifically, we propose to remove the requirement 
that an Annual Ballast Water Summary Report for calendar year 2018 be 
submitted for vessels operating on voyages exclusively between ports or 
places within a single Captain of the Port Zone. NANPCA, as amended by 
NISA, contains a ``savings provision'' that saves to States their 
authority to ``adopt or enforce control measures'' for aquatic nuisance 
species (16 U.S.C. 4725). Nothing in the Act would diminish or affect 
the jurisdiction of any State over species of fish and wildlife. This 
type of BWM reporting and recordkeeping is a ``control measure'' saved 
to States under the savings provision and would not be preempted unless 
State law makes compliance with Coast Guard requirements impossible or 
frustrates the purpose of Congress. Additionally, the Coast Guard has 
long interpreted this savings provision to be a congressional mandate 
for a Federal-State cooperative regime in which federal preemption 
under NANPCA, as amended by NISA, would be unlikely. The Coast Guard 
does not intend for the removal of this Federal reporting requirement 
to be a determination, or have any implications, with regard to the 
necessity of existing or future state BWM reporting requirements. 
Therefore, this proposed rule is consistent with the fundamental 
federalism principles and preemption requirements described in 
Executive Order 13132.
    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, Executive 
Order 13132 specifically directs agencies to consult with State and 
local governments during the rulemaking process. If you believe this 
rule has implications for federalism under Executive Order 13132, 
please contact the person listed in the FOR FURTHER INFORMATION 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 million (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 Executive Order 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 Executive Order 12988, (Civil Justice Reform), to minimize 
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this proposed rule under Executive Order 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 
Executive Order 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 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 (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 
M16475.1D 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 Record of Environmental 
Consideration (REC) 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 would be 
categorically excluded under paragraph L54 of Appendix A, Table 1 of 
DHS Instruction Manual 023-01-001-01, Rev. 01. Paragraph L54 pertains 
to regulations which are editorial or procedural.
    This proposed rule involves the removal of the last year of a 3-
year annual ballast water reporting requirement. We seek any comments 
or information that may lead to the discovery of a significant 
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 151

    Administrative practice and procedure, Ballast water management, 
Oil pollution, Penalties, Reporting and recordkeeping requirements, 
Water pollution control.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to

[[Page 21221]]

amend 33 CFR part 151, subpart D, as follows:

PART 151--VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, 
MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER

0
1. The authority citation for part 151, subpart D, is revised to read 
as follows:

    Authority:  16 U.S.C. 4711; Department of Homeland Security 
Delegation No. 0170.1, para. II, (57).

0
2. Amend Sec.  151.2015 as follows:
0
a. In paragraph (c), after the text ``(ballast water management (BWM) 
requirements),'' add the text ``151.2060 (reporting)''; and
0
b. Revise the fourth and sixth rows in table 1 to Sec.  151.2015 to 
read as follows:


Sec.  151.2015   Exemptions.

* * * * *

          Table 1 to Sec.   151.2015--Table of 33 CFR 151.2015 Specific Exemptions for Types of Vessels
----------------------------------------------------------------------------------------------------------------
                                                                                                 151.2070
                                        151.2025  (Management)   151.2060  (Reporting)       (Recordkeeping)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Vessel operates exclusively on         Exempt.................  Exempt.................  Exempt.
 voyages between ports or places
 within a single COTP Zone.
 
                                                  * * * * * * *
Non-seagoing vessel..................  Exempt.................  Applicable \1\.........  Applicable \1\.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Unless operating exclusively on voyages between ports or places within a single COTP Zone.

Sec.  151.2060   [Amended]

0
3. Amend Sec.  151.2060 as follows:
0
a. In paragraph (b), remove the words ``Unless operating exclusively on 
voyages between ports or places within a single COTP Zone, the'' and 
add, in their place, the word ``The''; and
0
b. Remove paragraphs (e) and (f).

    Dated: May 4, 2018.
J. G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2018-09877 Filed 5-8-18; 8:45 am]
 BILLING CODE 9110-04-P