A proposed rule was recently filed and the public comment period of thirty days past, that may cause all diving on any military or government connected “sunken military craft” to require a permit from the Naval History and Heritage Command. This proposed rule slipped under our “radar” in the Department of Defense section of the Federal Register back in January. A gentleman with Wreck Diver magazine however did catch it and made the rounds at Beneath the Sea this weekend. He has compiled a few documents that explain what is being done by this rule and what can be done to halt the process to give more time for those affected by it to respond. If you would like a copy of these documents please email me. I have included several of the online available documents and other resources below.
The following is a sample letter and instructions created by Anne Giesecke, Legislative Director Underwater Society of America:
Model Letter to your Congressional Representative on Navy proposed regulations. To be sent as soon as possible and using your own words as you choose. Consider that your comment will become part of the public record and may be read by anyone.
Go to www.house.gov Click the envelop under the person’s name From the drop down menu choose Defense as a subject Enter your comment by copy and paste or by typing Email your comment, the best way, or send a hard copy to: The Honorable Full Name U. S. House of Representatives Washington, DC 20515
April , 2014
Dear Mr./Mrs./Ms. Last Name
Subject: Regulatory Threat to the Survival of our business recreational interests
Guidelines for Permitting Archaeological Investigations and other Activities Directed at Sunken Military Craft and Terrestrial Military Craft Under the Jurisdiction of the Department of the Navy Proposed Rule: 37 CFR Part 767 Comments due March 7, 2014 Federal Register Volume79, Number 3, Monday, January 6, 2014 No. USN-2011-0016. RIN 0703-AA90. FR DOC # 2013-31068
My name is ____. My business is called ____. We are a small business which _____. We employ ____ people. Our sport diver customers use hotels and restaurants in our area and are important contributors to our economy. Many of our divers like to dive on wrecks as interesting vessels and for the diverse sea life.
This paragraph states who you are, why you care. As a sport diver comment on your love of the sea and your experience as a diver.
I request that you contact the Department of the Navy and demand that they involve the sport diving industry in revision of the published language. Request a re-proposal of the rule. A Congressional Hearing would help gather additional comments. An economic analysis under the Small Business Regulatory Enforcement Fairness Act will show that these regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs.
If so, add your willingness to talk with or meet a staff member or your Representative.
I and my fellow business divers find the language vague and open to diverse interpretations. We are independent of the archaeological community and the commercial salvage community. We need much clearer language to understand which vessels are covered and what activities are prohibited.
This paragraph comments that conflicting interpretations of the definitions is a critical flaw and makes it impossible for you to do business or enjoy the sport.
At sport diving show, Beneath the Sea, held in New Jersey at the end of March, I became aware of the proposed rule. The lack of comment by our community is evident in the posted public comments.
This paragraph tells how you found out about the issue.
Sincerely,
Name and contact information
Cc: The Small Business Administration The Office of Management and Budget Secretary of the Navy Secretary of Commerce – NOAA Secretary of the Interior Secretary of State
For the Cc. list, preface the copy of your letter to your Representative with a subject sentence for why the agency should be interested. Email is best.
The Small Business Administration Subject: An economic analysis under the Small Business Regulatory Enforcement Fairness Act will show that these regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs. We need much clearer language to understand which sunken vessels are covered and what activities are prohibited. Copy Letter
Dr. Winslow Sargent Winslow.sargent@sba.gov Mr. Charles Maresca Charles.maresa@sba.gov
The Office of Management and Budget Subject: An economic analysis under the Small Business Regulatory Enforcement Fairness Act will show that these regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs. We need much clearer language to understand which sunken vessels are covered and what activities are prohibited. Copy and paste or type letter/comment
Director Sylvia Mathews Burwell Oira_submission@omb.gov
Secretary of the Navy Subject: No. USN-2011-0016 Sunken Vessels I request that the Navy involve the sport diving industry in revision of the published language. I request a re-proposal of the rule. A Congressional Hearing would help gather additional comments. An economic analysis under the Small Business Regulatory Enforcement Fairness Act should be completed. Copy and paste or type letter/comment
U.S. Department of Commerce Subject: An economic analysis under the Small Business Regulatory Enforcement Fairness Act will show that these regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs. We need much clearer language to understand which sunken vessels are covered and what activities are prohibited. Copy and paste or type letter/comment
Secretary Penny Pritzker: TheSec@doc.gov
Department of the Interior Subject: Proposed Navy regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs. We need much clearer language to understand which sunken vessels are covered and what activities are prohibited. Copy and paste or type letter/comment
Department of State Subject: Sport diving is a global industry. An economic analysis under the Small Business Regulatory Enforcement Fairness Act will show that these regulations will negatively impact about 3 million sport divers and an industry that contributes about $11 billion to the US GDP. One thousand divers can create 30 full-time equivalent jobs. We need much clearer language to understand which sunken vessels are covered and what activities are prohibited. Copy and paste or type your letter/comment.
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