Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules 11995 

1See, FMC Policy and Procedures Regarding 

Proper Consideration of Small Entities in 

Rulemakings (February 7, 2003). (Commission 

SBREFA Policy). See, http://www.fmc.gov/assets/1/ 

Page/SBREFA_Guidelines_2003.pdf. 

2Regulatory Flexibility Act, Pub. L. 96–354, 94 

Stat. 1164 (codified at 5 U.S.C. 601 et seq.). 

EPA specifically solicits additional 

comment on this proposed rule from 

tribal officials. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This rule is not subject to 

Executive Order 13045, because it 

proposes to approve a State rule 

implementing a Federal standard. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 15, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–4737 Filed 2–27–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Parts 501 and 540 

[Docket No. 11–16] 

RIN 3072–AC45 

Passenger Vessel Operator Financial 

Responsibility Requirements for NonPerformance of Transportation 

AGENCY: Federal Maritime Commission. 

ACTION: Proposed rule: Request for 

additional comments and information. 

SUMMARY: The Federal Maritime 

Commission requests additional 

comments and information in order to 

assist the Commission’s determination 

whether passenger vessel operators may 

be deemed ‘‘small entities’’ under the 

Regulatory Flexibility Act (as amended 

by the Small Business Regulatory 

Enforcement Fairness Act). 

DATES: Submit comments on or before 

March 30, 2012. 

ADDRESSES: Address all comments 

concerning this proposed rule to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street 

NW., Washington, DC 20573–0001, 

Phone: (202) 523–5725, Email: 

secretary@fmc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Vern W. Hill, Director, Bureau of 

Certification and Licensing, 800 North 

Capitol Street NW., Washington, DC 

20573–0001, Phone: (202) 523–5787, 

Email: bcl@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

Submit Comments 

Non-confidential Comments and 

Information. For non-confidential 

comments submit an original and five 

(5) paper copies, and if possible, send a 

PDF of the document by email to 

secretary@fmc.gov. Include in the 

subject line: Docket No. 11–16 and 

[Company/Individual Name]. 

Confidential Comments and 

Information. Confidential filings must 

be submitted in the traditional manner 

on paper, rather than by email. 

Comments and information that are 

submitted for confidential treatment 

must be submitted in hard copy by U.S. 

mail or courier. Confidential filings 

must be accompanied by a transmittal 

letter that identifies the filing as 

‘‘confidential’’ and describes the nature 

and extent of the confidential treatment 

requested. Responses to this Request 

that contain confidential information 

must consist of (1) the complete filing 

and (2) be marked by the filer as 

‘‘Confidential-Restricted,’’ with the 

confidential material clearly marked on 

each page. When a confidential filing is 

submitted, an original and one 

additional copy of the public version of 

the filing must be submitted. The public 

version of the filing should exclude 

confidential materials, and be clearly 

marked on each affected page, 

‘‘confidential materials excluded.’’ The 

Commission will provide confidential 

treatment to the extent allowed by law 

for those submissions, or parts of 

submissions, for which the parties 

request confidentiality. 

Questions regarding filing or 

treatment of confidential responses to 

this NPRM should be directed to the 

Commission’s Secretary, Karen V. 

Gregory, at the telephone number or 

email provided above. 

Discussion 

On September 13, 2011, the 

Commission issued its Notice of 

Proposed Rulemaking (NPRM) to update 

its financial responsibility requirements 

for nonperformance of passenger vessel 

service by passenger vessel operators 

that are subject to section 3 of Public 

Law 89–777, 46 U.S.C. 44101–44106. 

The NPRM was published in the 

Federal Register on September 20, 2011. 

76 FR 58227–58236. 

In the NPRM, the Commission relied 

upon the rebuttable presumption 

established in 20031 that PVOs are 

generally large companies with more 

than 500 employees and noted that 

there are no PVO small entities that 

would be affected by the proposed rule. 

NPRM, p. 12. In addition, the 

Commission also provided the factual 

basis under the Regulatory Flexibility 

Act (RFA),2 as amended by the Small 

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11996 Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules 

3Small Business Regulatory Enforcement 

Fairness Act of 1996, Pub. L. 104–121, 110 Stat. 

857. 

4The Commission SBREFA Policy also 

encourages small PVOs to ‘‘submit a request for 

such treatment * * *, along with payroll * * * 

evidence * * *, to substantiate its claim and rebut 

the presumption.’’ SBREFA Policy, p. 4. 

5See http://www.sba.gov/sites/default/files/ 

Size_Standards_Table.pdf. 

6SBREFA Policy, at p. 3. 

7SBA regulations establish principles relative to 

the calculation of a business’ total number of 

employees. For example ‘‘the average number of 

employees of the concern is used * * * based upon 

the numbers of employees for each of the pay 

periods for the preceding completed 12 calendar 

months.’’ 13 CFR 121.106(b). 

8Comments were received from Congressman 

Andy Harris, M.D. (Maryland), The Surety & 

Fidelity Association of America, Lindblad 

Expeditions, Inc., Royal Caribbean Cruises Ltd., 

National Association of Surety Bond Producers, 

Cruise Lines International Association, Inc., 

American Cruise Lines, Inc., Passenger Vessel 

Association, Carnival Corporation & plc. 

Business Regulatory Enforcement 

Fairness Act (SBREFA),3 for the 

Chairman’s certification that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. It was noted that the proposed 

rule could result in significant 

reductions in the cost of financial 

responsibility coverage because of the 

use of alternative coverage options. 

However, the public was requested to 

comment on the certification and its 

underlying assumptions.4

American Cruise Lines, Inc. (ACL) 

requests in its comments that the 

Commission treat it as a small entity 

under the RFA and SBREFA. ACL 

informed the Commission that it has 

less than 500 employees, which is the 

maximum number a PVO can employ 

and be considered a small entity under 

SBA’s current size standards.5 ACL 

Comments, pp. 2–3. The Passenger 

Vessel Association (PVA) similarly 

asserts that four of its members would 

qualify as small entities under RFA and 

SBREFA and that a ‘‘good faith 

analysis’’ under those statutes should be 

made. PVA Comments, p. 3. In view of 

these comments, the Commission seeks 

additional information relevant to the 

Commission’s analysis whether there 

will be significant economic impacts on 

a substantial number of small entities. 

In its SBREFA Policy, the 

Commission adopted the small business 

size standards established by the Small 

Business Administration that are 

matched to industry classifications in 

the North American Industry 

Classification System (NAICS).6 The 

Commission specifically identified 

industry code and title: 483112—Deep 

Sea Passenger Transportation. However, 

two additional code classifications in 

the NAICS may apply to passenger 

vessel operators: 483114—Coastal and 

Great Lakes Passenger Transportation; 

and, 483212 Inland Water Passenger 

Transportation. For each of these three 

code classifications, the same size 

standard applies. In other words, a PVO 

may have no more than 500 employees 

in order to be considered a small entity. 

In order to determine the number and 

extent to which small entity PVOs may 

be affected by the proposed rule, the 

Commission invites response from all 

PVOs as to the number of employees 

employed by their companies.7 The 

employee data sought includes full time 

and temporary employees, and the 

number of employees of each PVO’s 

foreign and domestic affiliates. 

In addition, the Commission’s 

threshold analysis under RFA and 

SBREFA also involves estimating: 

• The economic impacts upon those 

entities, 

• Whether those impacts are 

significant (including whether such 

entities would be placed at a 

competitive disadvantage relative to 

larger entities), and 

• Whether such effects will fall upon 

a substantial number of small entities. 

In pursuing this analysis, the 

Commission needs information from 

large and small PVOs. The questions set 

forth below seek information related to: 

each PVO’s estimated cost of 

compliance with the proposed rule; the 

company’s total revenues, expenses and 

earnings; the average revenue per 

passenger; the number of passengers 

embarked at U.S. and foreign ports; and 

identification of direct competitors in 

the United States cruise markets in 

which the PVO is currently operating. 

In view of the foregoing, the 

Commission requests written comments 

and responses to the following 

questions by interested parties, 

including those that previously filed 

comments in response to the proposed 

rulemaking.8

Questions 

1. Please detail your estimated cost of 

compliance with the proposed rule’s 

requirements pertaining to financial 

responsibility for nonperformance of 

passenger vessel transportation (i.e., 

premiums and fees by sureties; 

collateral required by credit card 

issuers; other costs): 

(a) Based on current operations and 

costs for the past year (2011). 

(b) Your estimated cost of compliance 

if alternative forms of protections as 

contained in the proposed rule are 

available. 

2. Will the nonperformance 

requirements in the proposed rule 

change your type of coverage? If so, 

explain how. 

3. How will the proposed changes to 

the requirements affect your continuing 

operations? 

4. Estimated number of your 

company’s staff hours required to 

comply with proposed changes to the 

application form (Form 131). 

5. Estimated number of your 

company’s staff hours required to 

comply with proposed changes to 

Unearned Passenger Revenue (UPR) 

reports. 

6. What was your total revenue in 

2011? These figures should reflect 

revenues obtained from all sources (not 

just from cruises under the 

Commission’s program). 

7. What were your total expenses in 

2011? These figures should reflect 

expenditures incurred by all activities 

(not just by cruises under the 

Commission’s program). 

8. What were your earnings after taxes 

in 2011? These figures should reflect 

earnings after taxes from all operations 

(not just operations conducted under 

the Commission’s program). 

9. Please provide the following 

information regarding the number of 

employees your company employed in 

the most recent 12 calendar months 

(include any domestic and/or foreign 

affiliates in calculating number of 

employees): 

(a) Full-time, permanent employees 

(head-count). 

(b) Part-time, permanent employees 

(head-count and full-time equivalents). 

(c) Full-time, seasonal or temporary 

employees (head-count). 

(d) Part-time, seasonal or temporary 

employees (head-count and full-time 

equivalents). 

(e) Staff obtained from temporary 

employment agencies (head-count and 

full-time equivalents). Do not include 

these totals in (a) through (d) above. 

(f) Staff obtained from professional 

employee organizations (head-count and 

full-time equivalents). Do not include 

these totals in (a) through (d) above. 

10. Which passenger vessel operators 

(brand(s)) do you consider your closest 

competitor(s) in U.S.-based markets? 

11. What was the average revenue 

generated by each passenger who 

embarked on your U.S.-based cruises in 

2011? 

12. How many passengers did you 

embark in 2011 at: 

(a) U.S. ports. 

(b) Non-U.S. ports. 

13. Please provide any other 

comments or information that you 

believe would assist the Commission in 

analyzing the economic or competitive 

impact of the proposed rule in this 

proceeding. 

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Federal Register / Vol. 77, No. 39 / Tuesday, February 28, 2012 / Proposed Rules 11997 

By the Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2012–4749 Filed 2–27–12; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket Nos. 12–38 and 03–123; DA 12– 

208] 

Consumer and Governmental Affairs 

Bureau Seeks To Refresh the Record 

Regarding Misuse of Internet Protocol 

Relay Service 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission, via the Consumer and 

Governmental Affairs Bureau (Bureau) 

seeks comment to refresh the record 

regarding misuse of Internet Protocol 

relay service. Further comments are 

requested to bring the record up to date 

on proposed additional rules that would 

have the intended effect of reducing or 

eliminating misuse of Internet Protocol 

Relay. 

DATES: Submit comments on or before 

March 20, 2012. 

ADDRESSES: You may submit comments, 

identified by CG Docket Nos. 12–38 and 

03–123, by any of the following 

methods: 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the Commission’s Electronic 

Comment Filing System (ECFS), through 

the Commission’s Web site http:// 

fjallfoss.fcc.gov/ecfs2/. Filers should 

follow the instructions provided on the 

Web site for submitting comments. For 

ECFS filers, in completing the 

transmittal screen, filers should include 

their full name, U.S. Postal service 

mailing address, and CG Docket Nos. 

12–38 and 03–123. 

• Paper filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. Filings can be 

sent by hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail (although the Commission 

continues to experience delays in 

receiving U.S. Postal Service mail). All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW., Room TW–A325, 

Washington, DC 20554. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial Mail sent by overnight 

mail (other than U.S. Postal Service 

Express Mail and Priority Mail) must be 

sent to 9300 East Hampton Drive, 

Capitol Heights, MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail should be 

addressed to 445 12th Street SW., 

Washington, DC 20554. 

In addition, parties must serve one 

copy of each pleading with the 

Commission’s duplicating contractor, 

Best Copy and Printing, Inc., 445 12th 

Street SW., Room CY–B402, 

Washington, DC 20554, or via email to 

fcc@bcpiweb.com. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: Eliot 

Greenwald, Consumer and 

Governmental Affairs Bureau, Disability 

Rights Office, at (202) 418–2235 (voice), 

(202) 418–2922 (TTY), or email at 

Eliot.Greenwald@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Public 

Notice, document DA 12–208, released 

February 13, 2012. The full text of 

document DA 12–208 and copies of any 

subsequently filed documents in this 

matter will be available for public 

inspection and copying during regular 

business hours at the FCC Reference 

Information Center, Portals II, 445 12th 

Street SW., Room CY–A257, 

Washington, DC 20554. Document DA 

12–208 and copies of subsequently filed 

documents in this matter may also be 

purchased from the Commission’s 

duplicating contractor at Portals II, 445 

12th Street SW., Room CY–B402, 

Washington, DC 20554. Customers may 

contact the Commission’s duplicating 

contractor at its Web site 

www.bcpiweb.com, or by calling 1–800– 

378–3160. To request materials in 

accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

email to fcc504@fcc.gov or call the 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530 (voice), (202) 

418–0432 (TTY). Document DA 12–208 

can also be downloaded in Word or 

Portable Document Format (PDF) at: 

http://www.fcc.gov/cgb/dro/trs.html. 

Pursuant to 47 CFR 1.415 and 1.419, 

interested parties may file comments on 

or before the date indicated in the DATES

section of this document. Comments 

must include a short and concise 

summary of the substantive discussion 

and questions raised in the document 

DA 12–208. The Commission further 

directs all interested parties to include 

the name of the filing party and the date 

of the filing on each page of their 

comments. Comments must otherwise 

comply with 47 CFR 1.48 and all other 

applicable sections of the Commission’s 

rules. 

• Pursuant to 47 CFR 1.1200 et. seq., 

this matter shall be treated as a ‘‘permitbut-disclose’’ proceeding in accordance 

with the Commission’s ex parte rules. 

Persons making ex parte presentations 

must file a copy of any written 

presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must: (1) List all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made; and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with § 1.1206(b) 

of the Commission’s rules. In 

proceedings governed by § 1.49(f) or for 

which the Commission has made 

available a method of electronic filing, 

written ex parte presentations and 

memoranda summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (Braille, large 

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