Federal Register - September 22, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules
Costs to the Regulated PublicStates VIS Compliance Costs Based on BSX data,25 we estimate that there are two States currently not in compliance with any existing VIS
requirements. Some States are in partial compliance with existing requirements for the VIS. Coast Guard data demonstrates that 16 States have initiated VIS participation, but are not in compliance because they do not have a signed MOA with the Coast Guard.
The remaining 38 States have signed MOAs, which means they are participating in the VIS.
The 16 States that have initiated VIS
activity, but do not have a signed MOA
with the Coast Guard, would need to complete the following steps for an MOA. In order to comply, States would incur costs to: 1 Coordinate with the Coast Guard for data transfer; 2
prepare and submit a completed MOA
and participation form; and 3 engage in coordination activities to complete a new user request form.
All the VIS-participating States would engage in activities to upload data to the VIS. However, according to Info-Link Technologies,26 the contractor responsible for VIS updates, VIS data uploads for each State are often an automated process, where software automatically prepares and uploads a
data file each month. The economic impact of the data submission is zero as a result of Info-Link Technologies already bearing the cost for the data, which they receive from every State regardless of their participation in VIS.
Thus, States that do not currently participate in VIS still engage in a virtual data submission with the contractor and will not incur an additional cost or time burden. As a result, we conclude that VIS data uploads would not produce costs to States new to VIS.
New VIS participants would need to complete the new user request form. We estimate that it would take 0.1 hour to complete the form. These estimates are based on data provided by Info-Link Technologies and the Coast Guards Collection of Information entitled Vessel Identification System, OMB
Control Number: 16250070.27
Lastly, two States would have to address legislative conflicts with existing privacy laws that complicate or prevent VIS participation. We estimate that such a task would require that a manager to negotiate the changes with a State legislative committee. An attorney would draft the legislation. Unlike UCOTAV, which has uniform legislation to follow for each State, privacy law amendments may take more
time to develop. Therefore, we estimate that a manager would spend 40 hours to negotiate legislative changes. Another 40 hours would be spent by an attorney to draft the legislative language. State laws are often voted in blocks and the labor to put the amended privacy legislation forward and to vote on it is considered to be unseverable. For that reason, we have not estimated a cost for this step. However, the Coast Guard would like to request comments from the public on any information regarding the estimated cost to draft and negotiate legislative changes. Presently, we use our current estimates for drafting and negotiating these changes but omit the cost of labor to put forward and vote on the legislation.
We computed a cost to transmit VIS
data to the Coast Guard for 18 States on the basis that States may correspond with the Coast Guard to initiate the data transfer or may have issues in their computer systems preventing automatic data transfer. In the event that this occurs, the State may send spreadsheets to the Coast Guard, and a technician contracted to the Coast Guard would upload the data. However, we acknowledge that this is already a task under existing regulations and, in most cases, data is automatically transmitted.
TABLE 5SUMMARY OF COSTS
VIS compliance Time burden and responsible party
Task
Prepare and submit an MOA.
16 hours State manager.
Complete New User request form.
0.1 Hour State manager.
Coordinate with Coast 1 hour State manager Guard for data transfer.
Draft legislative language to amend privacy laws.
40 hours State manager 40 hours State attorney.
25 https cgmix.uscg.mil/VISInformation.aspx.
This web page was last viewed on January 8, 2020.
26 Email from Info-Link Technologies, Inc. to William Burgess, Compliance Officer, CGBSX1
dated February 5, 2020 available in the docket
VerDate Sep<11>2014
19:08 Sep 21, 2021
Jkt 253001
Applicable population
18 States 16 hours
State Manager wage rate.
18 States 0.1 hour
State Manager wage rate.
18 States 1 hour
State Manager wage rate.
One-time cost for 18 States
Direct.
One-time cost for 18 States
Direct.
Potential one-time cost for States with issues with the automatic data transfer. Even though considered potential, included in cost analysis due to potential correspondence to initiate data transfer or issues with automatic data transfer.
One time cost for 2 States
Direct Potential.
2 States 40 hours
State Manager wage rate + 40 hours
State attorney wage rate.
where indicated under the Public Participation and Request for Comments portion of this NPRM.
27 During the renewal process for the collection of information request, no public comments were received on the estimate. In preparing this NPRM,
PO 00000
Direct or indirect cost of proposed rule
Cost
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Fmt 4701
Sfmt 4702
Direct.
the Coast Guard reviewed data and revised the estimate for the duration of labor to upload VIS
data. The revision better reflects the amount of time needed to perform periodic uploads of automated data.
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