Federal Register/Vol. 79, No. 67/Tuesday, April 8, 2014/Proposed Rules
Total Page:16
File Type:pdf, Size:1020Kb
19420 Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Proposed Rules DEPARTMENT OF HOMELAND docket, call Barbara Hairston, Program stamped, self-addressed postcard or SECURITY Manager, Docket Operations, telephone envelope. 202–366–9826. We will consider all comments and Coast Guard SUPPLEMENTARY INFORMATION: material received during the comment period and may change this proposed 46 CFR Part 69 Table of Contents for Preamble rule based on your comments. [Docket No. USCG–2011–0522] I. Public Participation and Request for B. Viewing Comments and Documents Comments RIN 1625–AB74 A. Submitting Comments To view comments, as well as B. Viewing Comments and Documents documents mentioned in this preamble Tonnage Regulations Amendments C. Privacy Act as being available in the docket, go to D. Public Meeting http://www.regulations.gov and insert AGENCY: Coast Guard, DHS. II. Abbreviations ‘‘USCG–2011–0522’’ in the ‘‘Search’’ ACTION: Notice of proposed rulemaking. III. Background box. Click ‘‘Search.’’ Click the ‘‘Open IV. Discussion of Proposed Rule Docket Folder’’ in the ‘‘Actions’’ SUMMARY: The Coast Guard proposes to V. Regulatory Analyses column. If you do not have access to the amend its tonnage regulations by A. Regulatory Planning and Review implementing amendments to the B. Small Entities Internet, you may view the docket tonnage measurement law made by the C. Assistance for Small Entities online by visiting the Docket Coast Guard Authorization Act of 2010. D. Collection of Information Management Facility in Room W12–140 This rulemaking would also codify E. Federalism on the ground floor of the Department principal technical interpretations F. Unfunded Mandates Reform Act of Transportation West Building, 1200 G. Taking of Private Property issued by the Coast Guard, and New Jersey Avenue SE., Washington, H. Civil Justice Reform DC 20590, between 9 a.m. and 5 p.m., incorporate administrative, non- I. Protection of Children substantive clarifications of and updates Monday through Friday, except Federal J. Indian Tribal Governments holidays. We have an agreement with to the tonnage regulations. The Coast K. Energy Effects Guard believes these changes will lead L. Technical Standards the Department of Transportation to use to a better understanding of regulatory M. Environment the Docket Management Facility. requirements. I. Public Participation and Request for C. Privacy Act DATES: Comments and related material Comments Anyone can search the electronic must either be submitted to our online We encourage you to participate in form of comments received into any of docket via http://www.regulations.gov our dockets by the name of the on or before July 7, 2014 or reach the this rulemaking by submitting comments and related materials. All individual submitting the comment (or Docket Management Facility by that signing the comment, if submitted on date. comments received will be posted without change to http:// behalf of an association, business, labor ADDRESSES: You may submit comments www.regulations.gov and will include union, etc.). You may review a Privacy identified by docket number USCG– any personal information you have Act notice regarding our public dockets 2011–0522 using any one of the provided. in the January 17, 2008, issue of the following methods: Federal Register (73 FR 3316). A. Submitting Comments (1) Federal eRulemaking Portal: D. Public Meeting http://www.regulations.gov. If you submit a comment, please (2) Fax: 202–493–2251. We plan to hold one public meeting include the docket number for this on this NPRM. We will publish a notice (3) Mail: Docket Management Facility rulemaking (USCG–2011–0522), (M–30), U.S. Department of with the specific date and location of indicate the specific section of this the meeting in the Federal Register as Transportation, West Building Ground document to which each comment Floor, Room W12–140, 1200 New Jersey soon as we know this information. applies, and provide a reason for each Individuals interested in receiving this Avenue SE., Washington, DC 20590– suggestion or recommendation. You 0001. notice personally should submit their may submit your comments and contact information to ‘‘[email protected]’’ (4) Hand delivery: Same as mail material online or by fax, mail, or hand address above, between 9 a.m. and 5 with ‘‘Tonnage Public Meeting’’ in the delivery, but please use only one of subject line. We plan to record this p.m., Monday through Friday, except these means. We recommend that you Federal holidays. The telephone number meeting using an audio-digital recorder include your name and a mailing and make that audio recording available is 202–366–9329. address, an email address, or a phone To avoid duplication, please use only through a link in our online docket. We number in the body of your document will also provide a written summary of one of these four methods. See the so that we can contact you if we have ‘‘Public Participation and Request for the meeting and comments and will questions regarding your submission. place that summary in the docket. Comments’’ portion of the To submit your comment online, go to SUPPLEMENTARY INFORMATION section For information on facilities or http://www.regulations.gov and insert services for individuals with disabilities below for instructions on submitting ‘‘USCG–2011–0522’’ in the ‘‘Search’’ comments. or to request special assistance at the box. Click on ‘‘Submit a Comment’’ in public meeting, contact Mr. Marcus FOR FURTHER INFORMATION CONTACT: If the ‘‘Actions’’ column. If you submit Akins at the telephone number or email you have questions on this proposed your comments by mail or hand address indicated under the FOR rule, call or email Mr. Marcus Akins, delivery, submit them in an unbound FURTHER INFORMATION CONTACT section of Marine Safety Center, Tonnage Division format, no larger than 81⁄2 by 11 inches, this notice. (MSC–4), Coast Guard; telephone (703) suitable for copying and electronic 872–6787, email Marcus.J.Akins@ filing. If you submit comments by mail II. Abbreviations uscg.mil. If you have questions on and would like to know that they BLS Bureau of Labor Statistics viewing or submitting material to the reached the Facility, please enclose a CFR Code of Federal Regulations VerDate Mar<15>2010 18:07 Apr 07, 2014 Jkt 232001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\08APP2.SGM 08APP2 emcdonald on DSK67QTVN1PROD with PROPOSALS2 Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Proposed Rules 19421 FR Federal Register presents some unique challenges, other administrative updates to the GRT Gross Register Tons especially with regard to interpreting tonnage regulations. In identifying GT ITC Gross Tonnage Measurement under requirements on vessel eligibility for interpretations for codification, we took the Convention Measurement System measurement under these systems, and into consideration the frequency of their IMO International Maritime Organization ITC (1969) International Tonnage Certificate applying domestic and international use, and potential impact on vessel (1969) tonnage-based laws, particularly in designs or operations. We also balanced MSC Marine Safety Center situations where two sets of tonnages the benefit of increased clarity against MSSC Marine Safety and Security Council may be assigned to a vessel. To provide the loss of flexibility to further develop MTN Marine Safety Center Technical Note clarity and address the complexities of and apply interpretations of a secondary NAICS North American Industry tonnage applicability requirements nature to evolving ship designs, and to Classification System under the 1986 amended law, in 1993 apply superseded interpretations in NEPA National Environmental Policy Act we issued Navigation and Vessel 1969 (42 U.S.C. 432–4370f) special circumstances under the NPRM Notice of Proposed Rulemaking Inspection Circular (NVIC) 11–93, grandfathering provisions of MTN 01– NT ITC Net tonnage under the Convention ‘‘Application of Tonnage Measurement 99, as amended. We expect the public Measurement System Systems to U.S. Flag Vessels.’’ This to benefit from the proposed rule NVIC Navigation and Vessel Inspection NVIC has been updated three times and through increased visibility of principal Circular provides current Coast Guard policy interpretations applied during § Section symbol interpretations related to vessel tonnage measurement. We also expect U.S.C. United States Code eligibility for measurement under the the public to benefit from the III. Background various systems, and how the assigned elimination of inconsistencies and tonnages may be used. incorporation of clarifications or The tonnage measurement law, Additionally, to keep pace with codified in Title 46, United States Code, updates that are either consistent with rapidly evolving vessel designs, in 1999 longstanding Coast Guard policy or Subtitle II, Part J, ‘‘Measurement of the Coast Guard issued an additional Vessels,’’ provides for assignment of reflective of current Coast Guard tonnage interpretative policy document: practice. gross and net tonnages to any vessel to Marine Safety Center Technical Note which a law of the United States applies (MTN) 01–99, ‘‘Tonnage Technical IV. Discussion of Proposed Rule based on the vessel’s tonnage. These Policy.’’ That document provides In the paragraphs below, we discuss parameters reflect a vessel’s size and interpretations of the detailed rules of the specific proposed amendments to useful capacity, respectively, and are the tonnage regulations for measuring