[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Notices]
[Pages 73089-73090]
[FR Doc No: 2021-27791]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0018]

Petition for Extension of Waiver of Compliance

    Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on December 15, 2021, Union
Pacific Railroad (UP) petitioned the Federal Railroad Administration
(FRA) to extend a waiver of compliance from certain provisions of the
Federal railroad safety regulations contained at 49 CFR part 232, Brake
System Safety Standards for Freight and Other Non-Passenger Trains and
Equipment; End-of-Train Devices. UP also requests to extend an
exemption from the requirements of title 49, United States Code
(U.S.C.), section 20303, which mandate that a rail vehicle with
defective or insecure equipment may be moved to make repairs only to
the nearest available place at which the repairs can be made. The
relevant FRA Docket Number is FRA-2016-0018.
    Specifically, UP requests to extend its relief from 49 CFR 232.213,
Extended haul trains; 232.15, Movement of defective equipment; and
232.103(f), General requirements for all train brake systems, to
continue using wheel temperature detectors (WTD) on a segment of UP
track to measure potential safety improvements and cost reductions on
brake testing and maintenance. UP states that operations of trains
under the waiver have demonstrated a significantly positive effect on
the safety of train operations. Further, UP continues to collect data
through the test component of the waiver and work with the test waiver
oversight committee. UP also seeks clarification on condition 12 of the
February 23, 2017, decision letter.\1\
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    \1\ https://www.regulations.gov/document/FRA-2016-0018-0013.
_____________________________________-

    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the

comment period and specify the basis for their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted at https://www.regulations.gov. Follow the online instructions for submitting
comments.
    Communications received by February 7, 2022 will be considered by
FRA before final action is taken. Comments received after that date
will be considered if practicable. Anyone can search the electronic
form of any written communications and comments received into any of
our dockets by the name of the individual submitting the comment (or
signing the document, if submitted on behalf of an association,
business, labor union, etc.). Under 5 U.S.C. 553(c), the U.S.
Department of Transportation (DOT) solicits comments from the public to
better inform its processes. DOT posts these comments, without edit,
including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
privacy notice of regulations.gov.

    Issued in Washington, DC.
Carolyn Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2021-27791 Filed 12-22-21; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Page 6516]
[FR Doc No: 2011-2471]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA 2011-0009]

Insurance Cost Information Regulation

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Notice of availability.

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SUMMARY: This notice announces publication by NHTSA of the 2011 text
and data for the annual insurance cost information booklet that all car
dealers must make available to prospective purchasers, pursuant to 49
CFR 582.4. This information is intended to assist prospective
purchasers in comparing differences in passenger vehicle collision loss
experience that could affect auto insurance costs.

ADDRESSES: Interested persons may obtain a copy of this booklet or read
background documents by going to http://regulations.dot.gov at any time
or to Room W12-140 on the ground level of the West Building, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of
International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200
New Jersey Avenue, SE., Washington, DC 20590. Ms. Ballard's telephone
number is<PHONE_NUMBER>. Her fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Pursuant to section 201(e) of the Motor
Vehicle Information and Cost Savings Act, 15 U.S.C. 1941(e), on March
5, 1993, 58 FR 12545, the National Highway Traffic Safety
Administration (NHTSA) amended 49 CFR part 582, Insurance Cost
Information Regulation, to require all dealers of automobiles to
distribute to prospective customers information that compares
differences in insurance costs of different makes and models of
passenger cars based on differences in damage susceptibility.
    Pursuant to 49 CFR 582.4, all automobile dealers are required to
make available to prospective purchasers booklets that include this
comparative information as well as certain mandatory explanatory text
that is set out in section 582.5. Early each year, NHTSA produces a new
version of this booklet to update the Highway Loss Data Institute's
(HLDI) December Insurance Collision Report.
    NHTSA is mailing a copy of the 2011 booklet to each dealer that the
Department of Energy uses to distribute the ``Gas Mileage Guide.''
Dealers will have the responsibility of reproducing a sufficient number
of copies of the booklet to assure that they are available for
retention by prospective purchasers by March 7, 2011. Dealers who do
not receive a copy of the booklet within 15 days of the date of this
notice should contact Ms. Ballard of NHTSA's Office of International
Policy, Fuel Economy, and Consumer Programs<PHONE_NUMBER> to receive a
copy of the booklet and to be added to the mailing list. Dealers may
also obtain a copy of the booklet through the NHTSA Web page at: http://www.nhtsa.dot.gov/. From there, click on the Vehicle Safety tab, then
choose the Vehicle-Related Theft category, on that page, under the
Additional Resources Panel, click on 2011 Comparison of Insurance
Costs.

(49 U.S.C. 32302; delegation of authority at 49 CFR 1.50(f).)

    Issued on: January 31, 2011.
Joseph S. Carra,
Acting, Associate Administrator for Rulemaking.
[FR Doc. 2011-2471 Filed 2-3-11; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Proposed Rules]
[Pages 21214-21221]
[FR Doc No: 2018-09877]

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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.

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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

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<PHONE_NUMBER>, 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

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

                          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.
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    \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).
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    \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.
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    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.

               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

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

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

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