Vessel Documentation Regulations-Technical Amendments, 43858-43864 [2017-20023]

Download as PDF 43858 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations (1) Attachment B (‘‘Supplemental RACM/RACT Analysis for the NOX RECLAIM Program (May 2017)’’), excluding Appendices A and B. (2) Attachment C (‘‘Negative Declaration for Control Techniques Guidelines of Surface Coating Operations at Shipbuilding and Repair Facilities, and Paper, Film and Foil Coatings (May 2017)’’). ■ 3. Section 52.222 is amended by adding paragraph (a)(13) to read as follows: § 52.222 Negative declarations. (a) * * * (13) South Coast Air Quality Management District. (i) Negative declarations for the 2008 ozone standard: Control Techniques Guidelines for Shipbuilding and Ship Repair Operations (Surface Coating) including (published on August 27, 1996) and EPA 453/R–94–032 Alternative Control Techniques Document: Surface Coating Operations at Shipbuilding and Ship Repair Facilities; paper coating portion of EPA 453/R–07–003 Control Techniques Guidelines for Paper, Film, and Foil Coatings. (ii) [Reserved] * * * * * [FR Doc. 2017–19693 Filed 9–19–17; 8:45 am] BILLING CODE 6560–50–P Coast Guard 46 CFR Part 67 [USCG–2016–0531] Vessel Documentation Regulations— Technical Amendments Coast Guard, DHS. Final rule. AGENCY: The Coast Guard is making technical amendments to its vessel documentation regulations. A Certificate of Documentation, which is required for the operation of a vessel in certain trades, serves as evidence of vessel nationality, and permits a vessel to be subject to preferred mortgages. The amendments make non-substantive edits to align Coast Guard regulations with current vessel documentation statutes, correct typographical errors, and align procedural requirements with current Coast Guard practice. DATES: This final rule is effective September 20, 2017. FOR FURTHER INFORMATION CONTACT: For information about this document, call or sradovich on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 17:10 Sep 19, 2017 Jkt 241001 Table of Contents for Preamble I. Abbreviations II. Basis, Purpose, and Good Cause Exception to Notice and Comment Requirements III. Petition for Rulemaking IV. Discussion of the 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. Abbreviations CFR Code of Federal Regulations COD Certificate of Documentation NVDC National Vessel Documentation Center OMB Office of Management and Budget Pub. L. Public Law § Section U.S.C. United States Code II. Basis, Purpose, and Good Cause Exception to Notice and Comment Requirements DEPARTMENT OF HOMELAND SECURITY ACTION: email Ms. Andrea Heck, National Vessel Documentation Center, U.S. Coast Guard; telephone 304–271–2461, email Andrea.M.Heck@uscg.mil. SUPPLEMENTARY INFORMATION: The legal basis of this rulemaking is provided by Title 46 of United States Code (U.S.C.), section 2103. Section 2103 gives the Secretary of the department in which the Coast Guard is operating regulatory authority to carry out the provisions of Title 46, subtitle II (Vessels and Seamen) of the U.S.C., in which vessel documentation statutes are located. The Secretary’s authority is delegated to the Coast Guard by Department of Homeland Security Delegation No. 0170.1, para. II (92.a). The purpose of this rule is to make nonsubstantive edits to: (1) Align the Coast Guard’s vessel documentation regulations with current statutes on that subject; (2) correct typographical errors; and (3) align procedural requirements with current Coast Guard practice. We did not publish a notice of proposed rulemaking for this rule. Under Title 5 of United States Code (U.S.C.) section 553(b)(A), the Coast Guard finds that this rule is exempt from notice and public comment rulemaking requirements, because these changes involve rules of agency organization, procedure, or practice. In addition, the Coast Guard finds that PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 notice and comment procedures are unnecessary under 5 U.S.C. 553(b)(B), as this rule consists only of technical and editorial corrections, organizational, and conforming amendments, and that these changes will have no substantive effect on the public. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this final rule effective upon publication in the Federal Register. III. Petition for Rulemaking On October 18, 2013, the Maritime Law Association, a private group consisting primarily of maritime lawyers, petitioned the Coast Guard to open a rulemaking to make numerous changes to our vessel documentation regulations.1 The Coast Guard granted the petition on November 6, 2013, and shortly thereafter, began working with members of the Maritime Law Association to identify specifically what changes should be made. Many of the changes the group requested involve significant substantive changes that may be the subject of future regulatory action. However, part of the review process also revealed several instances where the Coast Guard could currently make non-substantive technical corrections. IV. Discussion of the Rule ‘‘Vessel documentation’’ refers to the system under which a vessel receives a Government certificate of documentation (COD). This certificate is required for the operation of a vessel of at least 5 net tons in certain trades including: (1) Fisheries on the navigable waters of the United States or its Exclusive Economic Zone; (2) foreign trade or trade with U.S. overseas territories; and (3) coastwise trade (trade between U.S. ports without leaving U.S. territorial waters) as described in 46 U.S.C. 12102 and 46 U.S.C. chapter 121, subchapter II. The COD is also a required element, in 46 U.S.C. 31322, to establish a vessel’s entitlement to preferred mortgage status. Under 46 U.S.C. 31326, preferred mortgages have priority over other liens on vessels, and they offer an enhancement to the security available to lenders. This final rule makes 35 nonsubstantive changes to 19 sections in 46 CFR part 67. The changes correct omissions, misspellings, or inaccurate references caused by unintentional typographical errors and make small edits for additional clarity. The changes also update referenced material, such as 1 Docket ID: USCG–2013–0942, available at https://www.regulations.gov/docket?D=USCG– 2013–0942. E:\FR\FM\20SER1.SGM 20SER1 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations treaty citations and web addresses. Over the course of several decades, through various laws, Congress has undertaken the task of codifying U.S. shipping laws into positive law. The two most significant of these acts were Public Law 98–89 (1986), which codified subtitle II of Title 46 into positive law, and Public Law 109–304 (2006), which completed the process of codifying all of Title 46 into positive law. Due to the recodification of Title 46, several 46 CFR part 67 regulations currently contain inaccurate statutory citations. A crosswalk between pre-codified and codified provisions of Title 46 is available in the disposition tables in 46 U.S.C.2 The changes made by this rule also reflect the elimination of citizenship requirements for mortgagees by Public Law 104–324, section 1113 (1996). Since the issuance of Public Law 104– 324, the National Vessel Documentation Center (NVDC) has allowed vessel owners to mortgage their vessels to noncitizens, and it has not restricted the eligibility of a vessel mortgaged to a non-citizen to earn registry or coastwise endorsements, even though 33 CFR 67.17(c) and 67.19(d)(3) continue to explicitly state these restrictions. Therefore, amending these sections will align regulatory text with the current and longstanding 20-year practice of the NVDC, consistent with the statutory requirements, and these changes will result in no impact on industry. This rule also makes changes to reflect the elimination of renewal decals and address labels for CODs issued by the NVDC. In 2001, the NVDC began to 43859 use a new database, Vessel Documentation System 1.0, and introduced the current version of the COD (66 FR 15625, March 20, 2001). This information technology system and recordkeeping form made the use of decals and labels unnecessary; therefore, the NVDC stopped requiring them, even though the relevant sections of part 67 continued to reference them. Amending 46 CFR 67.163(c) and 67.311 will align regulatory text with NVDC’s current practice, and these changes will result in no impact on industry. The following table shows the complete list of sections in 46 CFR part 67 that we are amending, the changes we are making, the reasons for those changes, and their impacts. TABLE OF CHANGES 46 CFR affected section 67.3 .............. Changed text Reason for change In paragraph (b) of the definition of ‘‘Acknowledgment’’ replace ‘‘Hague Convention Abolishing the Requirement for Legalisation of Public Documents’’ with ‘‘Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents.’’ Replace ‘‘Article 3’’ with ‘‘Article 4.’’ Minor typographical changes to correct the full title of the Hague Convention in accordance with 33 U.S.T. 883 and TIAS 10072. None. Article 3 is erroneously referenced because the certificate is described in Article 4, not 3. Correct a typographical error contained in 58 FR 60256, Nov. 15, 1993. The referenced document has historically been described as a ‘‘certificate’’ in accordance with Title 46 of the U.S.C. This change aligns the defined term with the U.S.C. and corresponding Coast Guard regulations. The change makes clear that the form itself is not a ‘‘Certificate of Documentation.’’ Rather, consistent with longstanding Coast Guard policy, it becomes a ‘‘Certificate of Documentation’’ only when issued by the Director, National Vessel Documentation Center. The reference to 67.19(d)(3) is erroneous because paragraph (d)(3) has no bearing on the scope of the definition of ‘‘United States’’; rather it is paragraph (c)(3), which addresses whether or not a rebuilding, if done in a trust territory, would be deemed to have been done in the ‘‘United States.’’ Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). None. Revise the definition of ‘‘Certification of Documentation’’ by replacing ‘‘Certification’’ with ‘‘Certificate.’’ Following the text ‘‘CG–1270’’, add ‘‘when issued by the Director, National Vessel Documentation Center.’’ In the definition of ‘‘United States,’’ replace ‘‘§ 67.19(d)(3)’’ with ‘‘§ 67.19(c)(3).’’ In the definition of ‘‘Wrecked Vessel,’’ replace ‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C. 12107.’’ sradovich on DSKBBY8HB2PROD with RULES 67.11(a)(2) ... Replace ‘‘section 2 of the Shipping Act, 1916 (46 U.S.C. app. 802) with ‘‘46 U.S.C. 50501.’’ 2 The most recent disposition tables for Title 46 are available at https://www.gpo.gov/fdsys/pkg/ VerDate Sep<11>2014 17:10 Sep 19, 2017 Jkt 241001 Regulatory impact USCODE-2015-title46/pdf/USCODE-2015-title46front.pdf. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM 20SER1 None. None. None. None. None. 43860 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations TABLE OF CHANGES—Continued 46 CFR affected section Changed text Reason for change Remove the word ‘‘mortgaged.’’ 67.13(a) ........ 67.14 ............ Replace an old National Archives and Records Administration Internet address with the new one. Replace ‘‘44 U.S.C. 3507(f)’’ with ‘‘44 U.S.C. 3507(a)(3).’’ 67.17(c) ........ Delete paragraph relating to the effect of a vessel’s foreign transfer on its eligibility for a registry endorsement. 67.19(b)(6) ... Replace ‘‘46 U.S.C. app. 808’’ with ‘‘46 U.S.C. 57109.’’ 67.19(d)(2) ... Replace ‘‘§ 67.35(a)’’ with ‘‘§ 67.35(c).’’ 67.19(e) ........ Delete paragraph (e), which is related to the ineligibility for a coastwise endorsement of a foreign-owned vessel. 67.21(e) ........ Replace ‘‘46 U.S.C. 12102(c)(5)’’ with ‘‘46 U.S.C. 12113(c)(3).’’ 67.30(c) ........ Update reference to the Bowater Amendment and the Oil Pollution Act of 1990; replace ‘‘46 U.S.C. app. 883–1’’ with ‘‘46 U.S.C. 12118.’’ Replace ‘‘46 U.S.C. 12106(d)’’ with ‘‘46 U.S.C. 12117.’’ sradovich on DSKBBY8HB2PROD with RULES 67.47(a)(3) ... 67.63(b)(1) ... VerDate Sep<11>2014 Replace ‘‘, as defined in section 2 of the Shipping Act, 1916 (46 U.S.C. app. 802), to a person not a citizen within the meaning of section 2 of that act’’ with ‘‘of the United States to a person not a citizen of the United States, as defined in 46 U.S.C. 50501.’’ Replace ‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C. 12107.’’ 17:10 Sep 19, 2017 Jkt 241001 PO 00000 Frm 00034 Regulatory impact Citizenship requirements for mortgagees were eliminated by Public Law 104–324, section 1113, in October 1996. Since the issuance of Public Law 104–324, the NVDC has allowed vessel owners to mortgage their vessels to non-citizens, and it has not restricted the eligibility of a vessel mortgaged to a non-citizen to earn registry or coastwise endorsements, even though the relevant sections of part 67 continued to explicitly state these restrictions. Update an obsolete web address ......................... None. Amending this paragraph will align regulatory text with statutory requirements and longstanding corresponding practices of the NVDC. The stated purpose of this section is to affirm the intention of the Coast Guard to comply with the requirement of the Paperwork Reduction Act that agencies display a current control number assigned by the Director of the Office of Management and Budget (OMB) for each approved agency information collection requirement. That requirement is set forth at 44 U.S.C. 3507(a)(3), not at 44 U.S.C. 3507(f), which refers only to independent regulatory agencies. The purpose of this change is to correct that erroneous reference. Reflect elimination of foreign transfer restrictions by Public Law 104–324, section 1113 (1996). Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). Section 67.19 addresses eligibility for a coastwise endorsement; the reference to 67.35(a) is erroneous because the cross-reference to 67.35(a) is to the partnership citizenship requirements for a recreational endorsement. The partnership citizenship requirements for a coastwise endorsement are found at 67.35(c). Reflect elimination of foreign transfer restrictions by Public Law 104–324, section 1113 (1996). Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304. (2006)). Update the reference to the Bowater Amendment and the Oil Pollution Act of 1990 to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). Reworded sentence and update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM 20SER1 None. None. None. Amending this paragraph will align regulatory text with statutory requirements and longstanding corresponding practices of the NVDC. None. None. None. Amending this paragraph will align regulatory text with statutory requirements and longstanding corresponding practices of the NVDC. None. None. None. None. None. Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations 43861 TABLE OF CHANGES—Continued 46 CFR affected section Changed text Reason for change 67.133(a) ...... Replace ‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C. 12107.’’ None. 67.133(b) ...... Replace ‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C. 12107.’’ 67.141(c) ...... Replace ‘‘Certification’’ with ‘‘Certificate.’’ 67.151(b) ...... Insert ‘‘determination of the’’ following the text ‘‘Upon the.’’ 67.161(a)(3) Replace ‘‘Sections 9 and 37(b) of the Shipping Act, 1916 (46 U.S.C. app. 808, 835(b))’’ with ‘‘46 U.S.C. 56101, 56102 and 57109.’’ Replace ‘‘Section 902 of the Merchant Marine Act, 1936 (46 U.S.C. app. 1242)’’ with ‘‘46 U.S.C. 56301.’’ Remove paragraph. Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). Correct a typographical error made in 65 FR 76572, Dec. 7, 2000, regulatory text. The document has historically been described as a ‘‘Certificate’’ in accordance with Title 46 of the U.S.C. This change aligns the defined term with the U.S.C. and corresponding Coast Guard regulations. Correct a typographical error in which the subject language was inadvertently omitted from the regulation, resulting in an incomplete sentence. Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). The NVDC no longer issues renewal decals, and therefore, they cannot be affixed. In 2001, the NVDC began to use a new database, Vessel Documentation System 1.0, and introduced the current version of the COD. 66 FR 15625, March 20, 2001. This information technology system and recordkeeping form made the use of decals unnecessary; therefore, the NVDC stopped requiring them, even though the relevant sections of part 67 continued to reference them. Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). Update the statutory references to reflect recodification of Title 46. (Pub. L. 109–304 (2006)). Correct a minor grammatical typographical error Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304 (2006)). Correct minor typographical error; change conforms this paragraph to paragraphs (b), (c), and (e). Reflect elimination of foreign transfer restrictions by Public Law 104–324, section 1113 (1996). None. None. 67.161(a)(4) 67.163(c) ...... 67.165(c)(3) 67.165(c)(4) 67.167(c) ...... 67.167(c)(10) Replace ‘‘Sections 9 and 37(b) of the Shipping Act, 1916 (46 U.S.C. app. 808, 835(b))’’ with ‘‘46 U.S.C. 56101, 56102 and 57109.’’ Replace ‘‘Section 902 of the Merchant Marine Act, 1936 (46 U.S.C. app. 1242)’’ with ‘‘46 U.S.C. 56301.’’ Replace ‘‘a sea’’ with ‘‘at sea.’’ Replace ‘‘46 U.S.C. 12106(e)’’ with ‘‘46 U.S.C. 12119.’’ Replace ‘‘endorsements’’ with ‘‘endorsement(s).’’ 67.203(e) ...... Remove paragraph ................................................ 67.203(f) ....... sradovich on DSKBBY8HB2PROD with RULES 67.167(d) ...... Remove paragraph ................................................ VerDate Sep<11>2014 17:10 Sep 19, 2017 Jkt 241001 PO 00000 Frm 00035 Regulatory impact Reflect elimination of foreign transfer restrictions by Public Law 104–324, section 1113 (1996). Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM 20SER1 None. None. None. None. None. None. Amending this paragraph will align regulatory text with NVDC’s current, longstanding practice. None. None. None. None. Amending this paragraph will align regulatory text with statutory requirements and longstanding corresponding practices of the NVDC. None. Amending this paragraph will align regulatory text with statutory requirements and longstanding corresponding practices of the NVDC. 43862 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations TABLE OF CHANGES—Continued 46 CFR affected section 67.311 .......... Changed text Reason for change Regulatory impact Remove the language referring to exceptions for new address labels or renewal decals. The NVDC no longer requires new address labels or renewal decals, and therefore, they cannot be altered. In 2001, the NVDC began to use a new database, Vessel Documentation System 1.0, and introduced the current version of the COD. 66 FR 15625, March 20, 2001. This information technology system and recordkeeping form made the use of labels unnecessary; therefore, the NVDC stopped requiring them, even though the relevant sections of part 67 continued to reference them. For reasons of added clarity, change from passive to active voice in compliance with plain language directives; no substantive change intended. None. Amending this section will align regulatory text with NVDC’s current practice. Change to active voice .......................................... In association with the changes made by the recodification of title 46, the Coast Guard is updating its list of authority citations for 46 CFR part 67. For a cross-walk between the changes, please see the disposition tables for title 46 and the Historical and Revision Notes for the applicable sections in the U.S.C.3 V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on these statutes or Executive orders. sradovich on DSKBBY8HB2PROD with RULES A. Regulatory Planning and Review Executive Orders 12866 (‘‘Regulatory Planning and Review’’) and 13563 (‘‘Improving Regulation and Regulatory 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 3 The most recent disposition tables for Title 46 are available at https://www.gpo.gov/fdsys/pkg/ USCODE-2015-title46/pdf/USCODE-2015-title46front.pdf; Historical and Revision notes for each section are available in the U.S.C. following the code section they accompany. VerDate Sep<11>2014 17:10 Sep 19, 2017 Jkt 241001 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. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB’s Memorandum ‘‘Guidance Implementing Executive Order 13771, Titled ‘Reducing Regulation and Controlling Regulatory Costs’’’ (April 5, 2017). This rule involves non-substantive changes and internal agency practices and procedures; it will not impose any additional costs on the public. The benefit of the non-substantive changes is increased clarity of regulations. B. Small Entities This rule is not preceded by a notice of proposed rulemaking and, therefore, is exempt from the requirements of the Regulatory Flexibility Act (5 U.S.C. 601–612). The Regulatory Flexibility Act does not apply when notice and comment rulemaking is not required. C. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule so that they can better evaluate its effects on them. The Coast Guard will not retaliate against small entities that question or complain about this 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 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 None. 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 rule calls for no new or modified collection of information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501–3520. E. Federalism A rule has implications for federalism under Executive Order 13132 (‘‘Federalism’’) if the rule has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on them. We have analyzed this rule under Executive Order 13132 and have determined that it does not have implications for federalism. 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 $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. E:\FR\FM\20SER1.SGM 20SER1 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations G. Taking of Private Property This rule will 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. sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. H. Civil Justice Reform This 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. M. Environment I. Protection of Children We have analyzed this rule under Executive Order 13045 (‘‘Protection of Children from Environmental Health Risks and Safety Risks’’). This 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 rule does not have tribal implications under Executive Order 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’), because it does not have substantial direct effects 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. sradovich on DSKBBY8HB2PROD with RULES K. Energy Effects We have analyzed this 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. The Administrator of OMB’s Office of Information and Regulatory Affairs has not designated it as a significant energy action. 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; VerDate Sep<11>2014 17:10 Sep 19, 2017 Jkt 241001 We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD (COMDTINST 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 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 Record of Environmental Consideration supporting this determination is available in the docket. This rule is categorically excluded under Chapter 2, Section B, Paragraph 2 (Categorical Exclusions), and Figure 2–1 (Coast Guard Categorical Exclusions), paragraph (34)(a) and (34)(d) of the Instruction. This final rule involves technical amendments to the Coast Guard’s vessel documentation regulations. Certificates of Documentation allow the operation of vessels in certain trades, provide evidence of vessel nationality, and permit vessels to be subject to preferred mortgages. The technical amendments presented in this rulemaking entail editorial or procedural changes that: (1) Align Coast Guard regulations with current vessel documentation statutes; (2) correct non-substantive typographical errors; and (3) harmonize procedural requirements with current Coast Guard practice. These amendments collectively promote the Coast Guard’s maritime safety, security, and environmental protection missions by rendering the Coast Guard’s vessel documentation system more effective. List of Subjects in 46 CFR Part 67 Reporting and recordkeeping requirements, Vessels. For the reasons discussed in the preamble, the Coast Guard amends 46 CFR part 67 as follows: PART 67—DOCUMENTATION OF VESSELS 1. The authority citation for part 67 is revised to read as follows: ■ Authority: 4 U.S.C. 664; 31 U.S.C. 9701; 42 U.S.C. 9118; 46 U.S.C. 2103, 2104, 2107, 12102, 12103, 12104, 12105, 12106, 12113, PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 43863 12133, 12139; Department of Homeland Security Delegation No. 0170.1. § 67.3 [Amended] 2. Amend § 67.3 as follows: a. In the definition of ‘‘Acknowledgment’’, redesignate paragraphs (a) and (b) as paragraphs (1) and (2); in newly redesignated paragraph (2), remove the text ‘‘Hague Convention Abolishing the Requirement for Legalisation of Public Documents’’ and add in its place the text ‘‘Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents’’; and in newly redesignated paragraph (2), remove the text ‘‘Article 3’’ and add in its place ‘‘Article 4’’; ■ b. In the definition of ‘‘Certification of Documentation’’, remove the word ‘‘Certification’’ and add in its place the word ‘‘Certificate’’; and following the text ‘‘CG–1270’’, add the text ‘‘when issued by the Director, National Vessel Documentation Center’’; ■ c. In the definition of ‘‘United States,’’ remove the text ‘‘§ 67.19(d)(3)’’ and add in its place the text ‘‘§ 67.19(c)(3)’’; and ■ d. In the definition of ‘‘Wrecked vessel,’’ remove the text ‘‘46 U.S.C. app. 14’’ and add in its place the text ‘‘46 U.S.C. 12107’’. ■ ■ § 67.11 [Amended] 3. In § 67.11(a)(2), remove the text ‘‘section 2 of the Shipping Act, 1916 (46 U.S.C. app. 802)’’ wherever it appears, and add in its place the text ‘‘46 U.S.C. 50501’’; and in paragraph (a)(2), remove the text ‘‘mortgaged,’’. ■ § 67.13 [Amended] 4. In § 67.13, remove the text ‘‘https:// www.archives.gov/federal_register/ code_of_federal_regulations)/ibr_ locations.html’’ and add in its place the text ‘‘https://www.archives.gov/federalregister/cfr/ibr-locations.html’’. ■ § 67.14 [Amended] 5. In § 67.14(a), remove the text ‘‘44 U.S.C. 3507(f)’’ and add in its place the text ‘‘44 U.S.C. 3507(a)(3),’’. ■ § 67.17 ■ [Amended] 6. In § 67.17, remove paragraph (c). § 67.19 [Amended] 7. Amend § 67.19 as follows: a. In paragraph (b)(6), remove the text ‘‘46 U.S.C. app. 808’’ and add in its place the text ‘‘46 U.S.C. 57109’’; ■ b. In paragraph (d) introductory text, remove the text ‘‘, except as provided in paragraph (e) of this section,’’; and in paragraph (d)(2), remove the text ‘‘§ 67.35(a)’’ and add in its place the text ‘‘§ 67.35(c)’’; and ■ c. Remove paragraph (e). ■ ■ E:\FR\FM\20SER1.SGM 20SER1 43864 § 67.21 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations [Amended] 8. In § 67.21(e), remove the text ‘‘46 U.S.C. 12102(c)(5)’’ and add in its place the text ‘‘46 U.S.C. 12113(c)(3)’’. ■ § 67.30 [Amended] 9. In § 67.30, remove the text ‘‘46 U.S.C. app. 883–1’’ and add in its place the text ‘‘46 U.S.C. 12118’’; and remove the text ‘‘46 U.S.C. 12106(d)’’ and add in its place the text ‘‘46 U.S.C. 12117’’. ■ § 67.47 [Amended] 10. In § 67.47(a)(3), remove the text ‘‘, as defined in section 2 of the Shipping Act, 1916 (46 U.S.C. app. 802), to a person not a citizen within the meaning of section 2 of that act’’ and add in its place the text ‘‘of the United States to a person not a citizen of the United States, as defined in 46 U.S.C. 50501’’. ■ § 67.63 [Amended] 11. In § 67.63(b)(1), remove the text ‘‘46 U.S.C. app. 14’’ and add in its place the text ‘‘46 U.S.C. 12107’’. ■ § 67.133 [Amended] 12. In § 67.133(a) introductory text and (b), remove the text ‘‘46 U.S.C. app. 14’’ and add in its place the text ‘‘46 U.S.C. 12107’’. ■ § 67.141 Act, 1936 (46 U.S.C. app. 1242)’’ and add in its place the text ‘‘46 U.S.C. 56301’’. § 67.167 [Amended] 18. Amend § 67.167 as follows: a. In paragraph (c) introductory text, following the text ‘‘vessel is not’’, remove the text ‘‘a sea’’ and add in its place the text ‘‘at sea’’; ■ b. In paragraph (c)(10) remove the text ‘‘46 U.S.C. 12106(e)’’ and add in its place the text ‘‘46 U.S.C. 12119’’; and ■ c. In paragraph (d) remove the text ‘‘endorsements’’ and add in its place the text ‘‘endorsement(s)’’. ■ ■ § 67.203 [Amended] 19. In § 67.203, remove paragraphs (e) and (f). ■ 20. Revise § 67.311 to read as follows: ■ § 67.311 Alteration of Certificate of Documentation. No person other than a documentation officer shall intentionally alter a Certificate of Documentation. Dated: September 15, 2017. Rebecca Orban, Acting Chief, Office of Regulations and Administrative Law. [FR Doc. 2017–20023 Filed 9–19–17; 8:45 am] [Amended] 13. In § 67.141(c), remove the word ‘‘Certification’’ and add in its place the word ‘‘Certificate’’. BILLING CODE 9110–04–P ■ § 67.151 [Amended] DEPARTMENT OF HOMELAND SECURITY 14. In § 67.151(b), following the text ‘‘Upon the’’, add the text ‘‘determination of the’’. Coast Guard § 67.161 [USCG–2016–0268] ■ 15. Amend § 67.161 as follows: a. In paragraph (a)(3), remove the text ‘‘Sections 9 and 37(b) of the Shipping Act, 1916 (46 U.S.C. app. 808, 835(b))’’ and add in its place the text ‘‘46 U.S.C. 56101, 56102 and 57109’’; and ■ b. In paragraph (a)(4), remove the text ‘‘Section 902 of the Merchant Marine Act, 1936 (46 U.S.C. app. 1242)’’ and add in its place the text ‘‘46 U.S.C. 56301’’. ■ ■ § 67.163 ■ § 67.165 sradovich on DSKBBY8HB2PROD with RULES [Amended] 16. In § 67.163, remove paragraph (c). [Amended] 17. Amend § 67.165 as follows: a. In paragraph (c)(3), remove the text ‘‘Sections 9 and 37(b) of the Shipping Act, 1916 (46 U.S.C. app. 808, 835(b))’’ and add in its place the text ‘‘46 U.S.C. 56101, 56102 and 57109’’; and ■ b. In paragraph (c)(4), remove the text ‘‘Section 902 of the Merchant Marine ■ ■ VerDate Sep<11>2014 17:10 Sep 19, 2017 Jkt 241001 RIN 1625–AC34 Great Lakes Pilotage Rates—2017 Annual Review Correction In rule document 2017–18411 beginning on page 41466 in the issue of Thursday, August 31, 2017, make the following corrections: 1. On page 41466, in the first column, in the first line below Table E–1, remove the words SUPPLEMENTARY INFORMATION:. 2. On the same page, in the second column, after the second line, insert the words SUPPLEMENTARY INFORMATION: on their own line. § 401.405 [Corrected] 3. On page 41495, in the second column, in the 22nd line from the bottom, ‘‘Revise § 401.405 to read as follows:’’ should read ‘‘In § 401.405, revise paragraph (a) to read as follows:’’. ■ PO 00000 Frm 00038 Fmt 4700 Sfmt 9990 [Corrected] 4. On the same page, in the same column, in the eighth line from the bottom, ‘‘Revise § 401.420 to read as follows:’’ should read ‘‘In § 401.420, revise paragraph (b) to read as follows:’’. ■ § 401.450 [Corrected] 5. On the same page, in the third column, in the ninth through fourteenth lines, ■ 5. Revise § 401.450 as follows: ■ a. Redesignate paragraphs (b) through (j) as paragraphs (c) through (k), respectively; and ■ b. Add new paragraph (b) to read as follows: Should read: ■ 5. In § 401.450, redesignate paragraphs (b) through (j) as paragraphs (c) through (k), respectively, and add new paragraph (b) to read as follows: ■ 6. In part 401, in section 401.405, on the same page, in the same column, after the 20th line, add the following line: * * * * * ■ § 404.100 [Corrected] 7. On the same page, in the same column, in the 28th line, ‘‘Amend § 404.101(a) as follows:’’ should read ‘‘In § 404.100, revise paragraph (a) to read as follows:’’. ■ 8. In part 404, in section 404.100, on the same page, in the same column, after the 39th line, add the following line: * * * * * ■ § 404.103 46 CFR Parts 401, 403, and 404 [Amended] § 401.420 [Corrected] 9. In the same page, in the same column, in the 41st through 46th lines, ■ a. In paragraph (a), following the words ‘‘dividing each area’s’’ remove the word ‘‘peak’’ and add, in its place, the word ‘‘seasonal’’; and ■ b. Revise paragraph (b) to read as follows: should read: ■ a. In paragraph (a) introductory text, following the words ‘‘dividing each area’s’’ remove the word ‘‘peak’’ and add in its place the word ‘‘seasonal’’; and ■ b. Revise paragraph (b). The revision reads as follows: ■ § 404.105 [Corrected] 10. On page 41496, in the first column, in the 22nd and 23rd line, ‘‘and add, in their place, the words ‘‘working capital fund.’’ ’’ should read ‘‘and add in their place the words ‘‘working capital fund’’.’’. [FR Doc. C1–2017–18411 Filed 9–19–17; 8:45 am] BILLING CODE 13010–00–D E:\FR\FM\20SER1.SGM 20SER1

Agencies

[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43858-43864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20023]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 67

[USCG-2016-0531]

Vessel Documentation Regulations--Technical Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is making technical amendments to its vessel
documentation regulations. A Certificate of Documentation, which is
required for the operation of a vessel in certain trades, serves as
evidence of vessel nationality, and permits a vessel to be subject to
preferred mortgages. The amendments make non-substantive edits to align
Coast Guard regulations with current vessel documentation statutes,
correct typographical errors, and align procedural requirements with
current Coast Guard practice.

DATES: This final rule is effective September 20, 2017.

FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Ms. Andrea Heck, National Vessel Documentation Center,
U.S. Coast Guard; telephone 304-271-2461, email Andrea.M.Heck@uscg.mil.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis, Purpose, and Good Cause Exception to Notice and Comment
Requirements
III. Petition for Rulemaking
IV. Discussion of the 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. Abbreviations

CFR Code of Federal Regulations
COD Certificate of Documentation
NVDC National Vessel Documentation Center
OMB Office of Management and Budget
Pub. L. Public Law
Sec. Section
U.S.C. United States Code

II. Basis, Purpose, and Good Cause Exception to Notice and Comment
Requirements

The legal basis of this rulemaking is provided by Title 46 of
United States Code (U.S.C.), section 2103. Section 2103 gives the
Secretary of the department in which the Coast Guard is operating
regulatory authority to carry out the provisions of Title 46, subtitle
II (Vessels and Seamen) of the U.S.C., in which vessel documentation
statutes are located. The Secretary's authority is delegated to the
Coast Guard by Department of Homeland Security Delegation No. 0170.1,
para. II (92.a). The purpose of this rule is to make non-substantive
edits to: (1) Align the Coast Guard's vessel documentation regulations
with current statutes on that subject; (2) correct typographical
errors; and (3) align procedural requirements with current Coast Guard
practice.
We did not publish a notice of proposed rulemaking for this rule.
Under Title 5 of United States Code (U.S.C.) section 553(b)(A), the
Coast Guard finds that this rule is exempt from notice and public
comment rulemaking requirements, because these changes involve rules of
agency organization, procedure, or practice. In addition, the Coast
Guard finds that notice and comment procedures are unnecessary under 5
U.S.C. 553(b)(B), as this rule consists only of technical and editorial
corrections, organizational, and conforming amendments, and that these
changes will have no substantive effect on the public. Under 5 U.S.C.
553(d)(3), the Coast Guard finds that, for the same reasons, good cause
exists for making this final rule effective upon publication in the
Federal Register.

III. Petition for Rulemaking

On October 18, 2013, the Maritime Law Association, a private group
consisting primarily of maritime lawyers, petitioned the Coast Guard to
open a rulemaking to make numerous changes to our vessel documentation
regulations.\1\ The Coast Guard granted the petition on November 6,
2013, and shortly thereafter, began working with members of the
Maritime Law Association to identify specifically what changes should
be made. Many of the changes the group requested involve significant
substantive changes that may be the subject of future regulatory
action. However, part of the review process also revealed several
instances where the Coast Guard could currently make non-substantive
technical corrections.
---------------------------------------------------------------------------

\1\ Docket ID: USCG-2013-0942, available at https://www.regulations.gov/docket?D=USCG-2013-0942.
---------------------------------------------------------------------------

IV. Discussion of the Rule

``Vessel documentation'' refers to the system under which a vessel
receives a Government certificate of documentation (COD). This
certificate is required for the operation of a vessel of at least 5 net
tons in certain trades including: (1) Fisheries on the navigable waters
of the United States or its Exclusive Economic Zone; (2) foreign trade
or trade with U.S. overseas territories; and (3) coastwise trade (trade
between U.S. ports without leaving U.S. territorial waters) as
described in 46 U.S.C. 12102 and 46 U.S.C. chapter 121, subchapter II.
The COD is also a required element, in 46 U.S.C. 31322, to establish a
vessel's entitlement to preferred mortgage status. Under 46 U.S.C.
31326, preferred mortgages have priority over other liens on vessels,
and they offer an enhancement to the security available to lenders.
This final rule makes 35 non-substantive changes to 19 sections in
46 CFR part 67. The changes correct omissions, misspellings, or
inaccurate references caused by unintentional typographical errors and
make small edits for additional clarity. The changes also update
referenced material, such as

[[Page 43859]]

treaty citations and web addresses. Over the course of several decades,
through various laws, Congress has undertaken the task of codifying
U.S. shipping laws into positive law. The two most significant of these
acts were Public Law 98-89 (1986), which codified subtitle II of Title
46 into positive law, and Public Law 109-304 (2006), which completed
the process of codifying all of Title 46 into positive law. Due to the
recodification of Title 46, several 46 CFR part 67 regulations
currently contain inaccurate statutory citations. A crosswalk between
pre-codified and codified provisions of Title 46 is available in the
disposition tables in 46 U.S.C.\2\
---------------------------------------------------------------------------

\2\ The most recent disposition tables for Title 46 are
available at https://www.gpo.gov/fdsys/pkg/USCODE-2015-title46/pdf/USCODE-2015-title46-front.pdf.
---------------------------------------------------------------------------

The changes made by this rule also reflect the elimination of
citizenship requirements for mortgagees by Public Law 104-324, section
1113 (1996). Since the issuance of Public Law 104-324, the National
Vessel Documentation Center (NVDC) has allowed vessel owners to
mortgage their vessels to non-citizens, and it has not restricted the
eligibility of a vessel mortgaged to a non-citizen to earn registry or
coastwise endorsements, even though 33 CFR 67.17(c) and 67.19(d)(3)
continue to explicitly state these restrictions. Therefore, amending
these sections will align regulatory text with the current and
longstanding 20-year practice of the NVDC, consistent with the
statutory requirements, and these changes will result in no impact on
industry.
This rule also makes changes to reflect the elimination of renewal
decals and address labels for CODs issued by the NVDC. In 2001, the
NVDC began to use a new database, Vessel Documentation System 1.0, and
introduced the current version of the COD (66 FR 15625, March 20,
2001). This information technology system and recordkeeping form made
the use of decals and labels unnecessary; therefore, the NVDC stopped
requiring them, even though the relevant sections of part 67 continued
to reference them. Amending 46 CFR 67.163(c) and 67.311 will align
regulatory text with NVDC's current practice, and these changes will
result in no impact on industry.
The following table shows the complete list of sections in 46 CFR
part 67 that we are amending, the changes we are making, the reasons
for those changes, and their impacts.

Table of Changes
----------------------------------------------------------------------------------------------------------------
46 CFR affected section Changed text Reason for change Regulatory impact
----------------------------------------------------------------------------------------------------------------
67.3.............................. In paragraph (b) of the Minor typographical None.
definition of changes to correct the
``Acknowledgment'' full title of the Hague
replace ``Hague Convention in accordance
Convention Abolishing the with 33 U.S.T. 883 and
Requirement for TIAS 10072.
Legalisation of Public
Documents'' with ``Hague
Convention Abolishing the
Requirement of
Legalisation for Foreign
Public Documents.''
Replace ``Article 3'' with Article 3 is erroneously None.
``Article 4.'' referenced because the
certificate is described
in Article 4, not 3.
Revise the definition of Correct a typographical None.
``Certification of error contained in 58 FR
Documentation'' by 60256, Nov. 15, 1993. The
replacing referenced document has
``Certification'' with historically been
``Certificate.'' described as a
``certificate'' in
accordance with Title 46
of the U.S.C. This change
aligns the defined term
with the U.S.C. and
corresponding Coast Guard
regulations.
Following the text ``CG- The change makes clear None.
1270'', add ``when issued that the form itself is
by the Director, National not a ``Certificate of
Vessel Documentation Documentation.'' Rather,
Center.'' consistent with
longstanding Coast Guard
policy, it becomes a
``Certificate of
Documentation'' only when
issued by the Director,
National Vessel
Documentation Center.
In the definition of The reference to None.
``United States,'' 67.19(d)(3) is erroneous
replace ``Sec. because paragraph (d)(3)
67.19(d)(3)'' with ``Sec. has no bearing on the
67.19(c)(3).'' scope of the definition
of ``United States'';
rather it is paragraph
(c)(3), which addresses
whether or not a
rebuilding, if done in a
trust territory, would be
deemed to have been done
in the ``United States.''
In the definition of Update the statutory None.
``Wrecked Vessel,'' reference to reflect the
replace ``46 U.S.C. app. recodification of Title
14'' with ``46 U.S.C. 46. (Pub. L. 109-304
12107.'' (2006)).
67.11(a)(2)....................... Replace ``section 2 of the Update the statutory None.
Shipping Act, 1916 (46 references to reflect the
U.S.C. app. 802) with recodification of Title
``46 U.S.C. 50501.'' 46. (Pub. L. 109-304
(2006)).

[[Page 43860]]

Remove the word Citizenship requirements None. Amending this
``mortgaged.'' for mortgagees were paragraph will
eliminated by Public Law align regulatory
104-324, section 1113, in text with statutory
October 1996. Since the requirements and
issuance of Public Law longstanding
104-324, the NVDC has corresponding
allowed vessel owners to practices of the
mortgage their vessels to NVDC.
non-citizens, and it has
not restricted the
eligibility of a vessel
mortgaged to a non-
citizen to earn registry
or coastwise
endorsements, even though
the relevant sections of
part 67 continued to
explicitly state these
restrictions.
67.13(a).......................... Replace an old National Update an obsolete web None.
Archives and Records address.
Administration Internet
address with the new one.
67.14............................. Replace ``44 U.S.C. The stated purpose of this None.
3507(f)'' with ``44 section is to affirm the
U.S.C. 3507(a)(3).'' intention of the Coast
Guard to comply with the
requirement of the
Paperwork Reduction Act
that agencies display a
current control number
assigned by the Director
of the Office of
Management and Budget
(OMB) for each approved
agency information
collection requirement.
That requirement is set
forth at 44 U.S.C.
3507(a)(3), not at 44
U.S.C. 3507(f), which
refers only to
independent regulatory
agencies. The purpose of
this change is to correct
that erroneous reference.
67.17(c).......................... Delete paragraph relating Reflect elimination of None. Amending this
to the effect of a foreign transfer paragraph will
vessel's foreign transfer restrictions by Public align regulatory
on its eligibility for a Law 104-324, section 1113 text with statutory
registry endorsement. (1996). requirements and
longstanding
corresponding
practices of the
NVDC.
67.19(b)(6)....................... Replace ``46 U.S.C. app. Update the statutory None.
808'' with ``46 U.S.C. reference to reflect the
57109.'' recodification of Title
46. (Pub. L. 109-304
(2006)).
67.19(d)(2)....................... Replace ``Sec. Section 67.19 addresses None.
67.35(a)'' with ``Sec. eligibility for a
67.35(c).'' coastwise endorsement;
the reference to 67.35(a)
is erroneous because the
cross-reference to
67.35(a) is to the
partnership citizenship
requirements for a
recreational endorsement.
The partnership
citizenship requirements
for a coastwise
endorsement are found at
67.35(c).
67.19(e).......................... Delete paragraph (e), Reflect elimination of None. Amending this
which is related to the foreign transfer paragraph will
ineligibility for a restrictions by Public align regulatory
coastwise endorsement of Law 104-324, section 1113 text with statutory
a foreign-owned vessel. (1996). requirements and
longstanding
corresponding
practices of the
NVDC.
67.21(e).......................... Replace ``46 U.S.C. Update the statutory None.
12102(c)(5)'' with ``46 reference to reflect the
U.S.C. 12113(c)(3).'' recodification of Title
46. (Pub. L. 109-304.
(2006)).
67.30(c).......................... Update reference to the Update the reference to None.
Bowater Amendment and the the Bowater Amendment and
Oil Pollution Act of the Oil Pollution Act of
1990; replace ``46 U.S.C. 1990 to reflect the
app. 883-1'' with ``46 recodification of Title
U.S.C. 12118.'' 46. (Pub. L. 109-304
(2006)).
Replace ``46 U.S.C. Update the statutory None.
12106(d)'' with ``46 reference to reflect the
U.S.C. 12117.'' recodification of Title
46. (Pub. L. 109-304
(2006)).
67.47(a)(3)....................... Replace ``, as defined in Reworded sentence and None.
section 2 of the Shipping update the statutory
Act, 1916 (46 U.S.C. app. references to reflect the
802), to a person not a recodification of Title
citizen within the 46. (Pub. L. 109-304
meaning of section 2 of (2006)).
that act'' with ``of the
United States to a person
not a citizen of the
United States, as defined
in 46 U.S.C. 50501.''
67.63(b)(1)....................... Replace ``46 U.S.C. app. Update the statutory None.
14'' with ``46 U.S.C. reference to reflect the
12107.'' recodification of Title
46. (Pub. L. 109-304
(2006)).

[[Page 43861]]

67.133(a)......................... Replace ``46 U.S.C. app. Update the statutory None.
14'' with ``46 U.S.C. references to reflect the
12107.'' recodification of Title
46. (Pub. L. 109-304
(2006)).
67.133(b)......................... Replace ``46 U.S.C. app. Update the statutory None.
14'' with ``46 U.S.C. references to reflect the
12107.'' recodification of Title
46. (Pub. L. 109-304
(2006)).
67.141(c)......................... Replace ``Certification'' Correct a typographical None.
with ``Certificate.'' error made in 65 FR
76572, Dec. 7, 2000,
regulatory text. The
document has historically
been described as a
``Certificate'' in
accordance with Title 46
of the U.S.C. This change
aligns the defined term
with the U.S.C. and
corresponding Coast Guard
regulations.
67.151(b)......................... Insert ``determination of Correct a typographical None.
the'' following the text error in which the
``Upon the.'' subject language was
inadvertently omitted
from the regulation,
resulting in an
incomplete sentence.
67.161(a)(3)...................... Replace ``Sections 9 and Update the statutory None.
37(b) of the Shipping references to reflect the
Act, 1916 (46 U.S.C. app. recodification of Title
808, 835(b))'' with ``46 46. (Pub. L. 109-304
U.S.C. 56101, 56102 and (2006)).
57109.''
67.161(a)(4)...................... Replace ``Section 902 of Update the statutory None.
the Merchant Marine Act, references to reflect the
1936 (46 U.S.C. app. recodification of Title
1242)'' with ``46 U.S.C. 46. (Pub. L. 109-304
56301.'' (2006)).
67.163(c)......................... Remove paragraph. The NVDC no longer issues None. Amending this
renewal decals, and paragraph will
therefore, they cannot be align regulatory
affixed. In 2001, the text with NVDC's
NVDC began to use a new current, long-
database, Vessel standing practice.
Documentation System 1.0,
and introduced the
current version of the
COD. 66 FR 15625, March
20, 2001. This
information technology
system and recordkeeping
form made the use of
decals unnecessary;
therefore, the NVDC
stopped requiring them,
even though the relevant
sections of part 67
continued to reference
them.
67.165(c)(3)...................... Replace ``Sections 9 and Update the statutory None.
37(b) of the Shipping references to reflect the
Act, 1916 (46 U.S.C. app. recodification of Title
808, 835(b))'' with ``46 46. (Pub. L. 109-304
U.S.C. 56101, 56102 and (2006)).
57109.''
67.165(c)(4)...................... Replace ``Section 902 of Update the statutory None.
the Merchant Marine Act, references to reflect
1936 (46 U.S.C. app. recodification of Title
1242)'' with ``46 U.S.C. 46. (Pub. L. 109-304
56301.'' (2006)).
67.167(c)......................... Replace ``a sea'' with Correct a minor None.
``at sea.'' grammatical typographical
error.
67.167(c)(10)..................... Replace ``46 U.S.C. Update the statutory None.
12106(e)'' with ``46 reference to reflect the
U.S.C. 12119.'' recodification of Title
46. (Pub. L. 109-304
(2006)).
67.167(d)......................... Replace ``endorsements'' Correct minor None.
with ``endorsement(s).'' typographical error;
change conforms this
paragraph to paragraphs
(b), (c), and (e).
67.203(e)......................... Remove paragraph.......... Reflect elimination of None. Amending this
foreign transfer paragraph will
restrictions by Public align regulatory
Law 104-324, section 1113 text with statutory
(1996). requirements and
longstanding
corresponding
practices of the
NVDC.
67.203(f)......................... Remove paragraph.......... Reflect elimination of None. Amending this
foreign transfer paragraph will
restrictions by Public align regulatory
Law 104-324, section 1113 text with statutory
(1996). requirements and
longstanding
corresponding
practices of the
NVDC.

[[Page 43862]]

67.311............................ Remove the language The NVDC no longer None. Amending this
referring to exceptions requires new address section will align
for new address labels or labels or renewal decals, regulatory text
renewal decals. and therefore, they with NVDC's current
cannot be altered. In practice.
2001, the NVDC began to
use a new database,
Vessel Documentation
System 1.0, and
introduced the current
version of the COD. 66 FR
15625, March 20, 2001.
This information
technology system and
recordkeeping form made
the use of labels
unnecessary; therefore,
the NVDC stopped
requiring them, even
though the relevant
sections of part 67
continued to reference
them.
Change to active voice.... For reasons of added None.
clarity, change from
passive to active voice
in compliance with plain
language directives; no
substantive change
intended.
----------------------------------------------------------------------------------------------------------------

In association with the changes made by the recodification of title
46, the Coast Guard is updating its list of authority citations for 46
CFR part 67. For a cross-walk between the changes, please see the
disposition tables for title 46 and the Historical and Revision Notes
for the applicable sections in the U.S.C.\3\
---------------------------------------------------------------------------

\3\ The most recent disposition tables for Title 46 are
available at https://www.gpo.gov/fdsys/pkg/USCODE-2015-title46/pdf/USCODE-2015-title46-front.pdf; Historical and Revision notes for
each section are available in the U.S.C. following the code section
they accompany.
---------------------------------------------------------------------------

V. Regulatory Analyses

We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive orders.

A. Regulatory Planning and Review

Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory 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. As this rule is not
a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See OMB's Memorandum ``Guidance
Implementing Executive Order 13771, Titled `Reducing Regulation and
Controlling Regulatory Costs''' (April 5, 2017). This rule involves
non-substantive changes and internal agency practices and procedures;
it will not impose any additional costs on the public. The benefit of
the non-substantive changes is increased clarity of regulations.

B. Small Entities

This rule is not preceded by a notice of proposed rulemaking and,
therefore, is exempt from the requirements of the Regulatory
Flexibility Act (5 U.S.C. 601-612). The Regulatory Flexibility Act does
not apply when notice and comment rulemaking is not required.

C. Assistance for Small Entities

Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them. The Coast Guard will not retaliate against small
entities that question or complain about this 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 rule calls for no new or modified collection of information
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.

E. Federalism

A rule has implications for federalism under Executive Order 13132
(``Federalism'') if the rule has a substantial direct effect on State
or local governments and would either preempt State law or impose a
substantial direct cost of compliance on them. We have analyzed this
rule under Executive Order 13132 and have determined that it does not
have implications for federalism.

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 $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

[[Page 43863]]

G. Taking of Private Property

This rule will 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 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 rule under Executive Order 13045
(``Protection of Children from Environmental Health Risks and Safety
Risks''). This 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 rule does not have tribal implications under Executive Order
13175 (``Consultation and Coordination with Indian Tribal
Governments''), because it does not have substantial direct effects 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 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. The Administrator of OMB's Office of
Information and Regulatory Affairs has not designated it as a
significant energy action.

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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

M. Environment

We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD
(COMDTINST 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 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 Record of Environmental
Consideration supporting this determination is available in the docket.
This rule is categorically excluded under Chapter 2, Section B,
Paragraph 2 (Categorical Exclusions), and Figure 2-1 (Coast Guard
Categorical Exclusions), paragraph (34)(a) and (34)(d) of the
Instruction.
This final rule involves technical amendments to the Coast Guard's
vessel documentation regulations. Certificates of Documentation allow
the operation of vessels in certain trades, provide evidence of vessel
nationality, and permit vessels to be subject to preferred mortgages.
The technical amendments presented in this rulemaking entail editorial
or procedural changes that: (1) Align Coast Guard regulations with
current vessel documentation statutes; (2) correct non-substantive
typographical errors; and (3) harmonize procedural requirements with
current Coast Guard practice. These amendments collectively promote the
Coast Guard's maritime safety, security, and environmental protection
missions by rendering the Coast Guard's vessel documentation system
more effective.

List of Subjects in 46 CFR Part 67

Reporting and recordkeeping requirements, Vessels.

For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 67 as follows:

PART 67--DOCUMENTATION OF VESSELS

0
1. The authority citation for part 67 is revised to read as follows:

Authority: 4 U.S.C. 664; 31 U.S.C. 9701; 42 U.S.C. 9118; 46
U.S.C. 2103, 2104, 2107, 12102, 12103, 12104, 12105, 12106, 12113,
12133, 12139; Department of Homeland Security Delegation No. 0170.1.

Sec. 67.3 [Amended]

0
2. Amend Sec. 67.3 as follows:
0
a. In the definition of ``Acknowledgment'', redesignate paragraphs (a)
and (b) as paragraphs (1) and (2); in newly redesignated paragraph (2),
remove the text ``Hague Convention Abolishing the Requirement for
Legalisation of Public Documents'' and add in its place the text
``Hague Convention Abolishing the Requirement of Legalisation for
Foreign Public Documents''; and in newly redesignated paragraph (2),
remove the text ``Article 3'' and add in its place ``Article 4'';
0
b. In the definition of ``Certification of Documentation'', remove the
word ``Certification'' and add in its place the word ``Certificate'';
and following the text ``CG-1270'', add the text ``when issued by the
Director, National Vessel Documentation Center'';
0
c. In the definition of ``United States,'' remove the text ``Sec.
67.19(d)(3)'' and add in its place the text ``Sec. 67.19(c)(3)''; and
0
d. In the definition of ``Wrecked vessel,'' remove the text ``46 U.S.C.
app. 14'' and add in its place the text ``46 U.S.C. 12107''.

Sec. 67.11 [Amended]

0
3. In Sec. 67.11(a)(2), remove the text ``section 2 of the Shipping
Act, 1916 (46 U.S.C. app. 802)'' wherever it appears, and add in its
place the text ``46 U.S.C. 50501''; and in paragraph (a)(2), remove the
text ``mortgaged,''.

Sec. 67.13 [Amended]

0
4. In Sec. 67.13, remove the text ``https://www.archives.gov/federal_register/code_of_federal_regulations)/ibr_locations.html'' and
add in its place the text ``https://www.archives.gov/federal-register/
cfr/ibr-locations.html''.

Sec. 67.14 [Amended]

0
5. In Sec. 67.14(a), remove the text ``44 U.S.C. 3507(f)'' and add in
its place the text ``44 U.S.C. 3507(a)(3),''.

Sec. 67.17 [Amended]

0
6. In Sec. 67.17, remove paragraph (c).

Sec. 67.19 [Amended]

0
7. Amend Sec. 67.19 as follows:
0
a. In paragraph (b)(6), remove the text ``46 U.S.C. app. 808'' and add
in its place the text ``46 U.S.C. 57109'';
0
b. In paragraph (d) introductory text, remove the text ``, except as
provided in paragraph (e) of this section,''; and in paragraph (d)(2),
remove the text ``Sec. 67.35(a)'' and add in its place the text
``Sec. 67.35(c)''; and
0
c. Remove paragraph (e).

[[Page 43864]]

Sec. 67.21 [Amended]

0
8. In Sec. 67.21(e), remove the text ``46 U.S.C. 12102(c)(5)'' and
add in its place the text ``46 U.S.C. 12113(c)(3)''.

Sec. 67.30 [Amended]

0
9. In Sec. 67.30, remove the text ``46 U.S.C. app. 883-1'' and add in
its place the text ``46 U.S.C. 12118''; and remove the text ``46 U.S.C.
12106(d)'' and add in its place the text ``46 U.S.C. 12117''.

Sec. 67.47 [Amended]

0
10. In Sec. 67.47(a)(3), remove the text ``, as defined in section 2
of the Shipping Act, 1916 (46 U.S.C. app. 802), to a person not a
citizen within the meaning of section 2 of that act'' and add in its
place the text ``of the United States to a person not a citizen of the
United States, as defined in 46 U.S.C. 50501''.

Sec. 67.63 [Amended]

0
11. In Sec. 67.63(b)(1), remove the text ``46 U.S.C. app. 14'' and
add in its place the text ``46 U.S.C. 12107''.

Sec. 67.133 [Amended]

0
12. In Sec. 67.133(a) introductory text and (b), remove the text ``46
U.S.C. app. 14'' and add in its place the text ``46 U.S.C. 12107''.

Sec. 67.141 [Amended]

0
13. In Sec. 67.141(c), remove the word ``Certification'' and add in
its place the word ``Certificate''.

Sec. 67.151 [Amended]

0
14. In Sec. 67.151(b), following the text ``Upon the'', add the text
``determination of the''.

Sec. 67.161 [Amended]

0
15. Amend Sec. 67.161 as follows:
0
a. In paragraph (a)(3), remove the text ``Sections 9 and 37(b) of the
Shipping Act, 1916 (46 U.S.C. app. 808, 835(b))'' and add in its place
the text ``46 U.S.C. 56101, 56102 and 57109''; and
0
b. In paragraph (a)(4), remove the text ``Section 902 of the Merchant
Marine Act, 1936 (46 U.S.C. app. 1242)'' and add in its place the text
``46 U.S.C. 56301''.

Sec. 67.163 [Amended]

0
16. In Sec. 67.163, remove paragraph (c).

Sec. 67.165 [Amended]

0
17. Amend Sec. 67.165 as follows:
0
a. In paragraph (c)(3), remove the text ``Sections 9 and 37(b) of the
Shipping Act, 1916 (46 U.S.C. app. 808, 835(b))'' and add in its place
the text ``46 U.S.C. 56101, 56102 and 57109''; and
0
b. In paragraph (c)(4), remove the text ``Section 902 of the Merchant
Marine Act, 1936 (46 U.S.C. app. 1242)'' and add in its place the text
``46 U.S.C. 56301''.

Sec. 67.167 [Amended]

0
18. Amend Sec. 67.167 as follows:
0
a. In paragraph (c) introductory text, following the text ``vessel is
not'', remove the text ``a sea'' and add in its place the text ``at
sea'';
0
b. In paragraph (c)(10) remove the text ``46 U.S.C. 12106(e)'' and add
in its place the text ``46 U.S.C. 12119''; and
0
c. In paragraph (d) remove the text ``endorsements'' and add in its
place the text ``endorsement(s)''.

Sec. 67.203 [Amended]

0
19. In Sec. 67.203, remove paragraphs (e) and (f).

0
20. Revise Sec. 67.311 to read as follows:

Sec. 67.311 Alteration of Certificate of Documentation.

No person other than a documentation officer shall intentionally
alter a Certificate of Documentation.

Dated: September 15, 2017.
Rebecca Orban,
Acting Chief, Office of Regulations and Administrative Law.
[FR Doc. 2017-20023 Filed 9-19-17; 8:45 am]
BILLING CODE 9110-04-P

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