Certificate of Documentation-5 Year Renewal Fees, 5022-5033 [2021-00526]
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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
4. On page 85083, in Table B.10.
Endocrinology, second column, third
row, the NQF #/eCQM NQF # entry
‘‘0418/0418e’’ is corrected to read ‘‘N/A/
0418e’’.
5. On page 85089, in Table B.11.
Family Medicine, second column, sixth
row, the NQF #/eCQM NQF # entry
‘‘0418/0418e’’ is corrected to read ‘‘N/A/
0418e’’, and in the second column, sixth
row, the NQF #/eCQM NQF # entry
‘‘1407/N/A’’ is corrected to read ‘‘N/A/
N/A’’.
6. On page 85110, in Table B.16.
Infectious Disease, the ninth column,
fourth row, the Measure Steward entry
‘‘Health Resources and Services
Administration’’ is corrected to read
‘‘National Committee for Quality
Assurance’’.
7. On page 85114, in Table B.17.
Internal Medicine, second column, first
row, the NQF #/eCQM NQF # entry
‘‘0418/0418e’’ is corrected to read ‘‘N/A/
0418e’’.
8. On page 85124, in Table B.19.
Mental/Behavioral Health, second
column, fifth row, the NQF #/eCQM
NQF # entry ‘‘0418/0418e’’ is corrected
to read ‘‘N/A/0418e’’.
9. On page 85130, in Table B.21.
Neurology, second column, third row,
the NQF #/eCQM NQF # entry ‘‘0418/
0418e’’ is corrected to read ‘‘N/A/
0418e’’.
10. On page 85141, in Table B.24.
Obstetrics/Gynecology, third column,
fifth row, the blank Quality # entry is
corrected to read ‘‘111’’.
11. On page 85146, in Table B.25a.
Oncology/Hematology, third column,
fifth row, the blank Quality # entry is
corrected to read ‘‘110’’.
12. On page 85157, in Table B.27.
Orthopedic Surgery, second column,
third row, the NQF #/eCQM NQF #
entry ‘‘0418/0418e’’ is corrected to read
‘‘N/A/0418e’’.
13. On page 85171, in Table B.30.
Pediatrics, second column, fifth row, the
NQF #/eCQM NQF # entry ‘‘0418/
0418e’’ is corrected to read ‘‘N/A/
0418e’’.
14. On page 85171, in Table B.30.
Pediatrics, ninth column, sixth row, the
Measure Steward entry ‘‘Health
Resources and Services Administration’’
is corrected to read ‘‘National
Committee for Quality Assurance’’.
15. On page 85173, in Table B.30.
Pediatrics, second column, sixth row,
the NQF #/eCQM NQF # entry ‘‘1407/
N/A’’ is corrected to read ‘‘N/A/N/A’’.
16. On page 85179, in Table B.32.
Physical Therapy/Occupational
Therapy, second column, fifth row, the
NQF #/eCQM NQF # entry ‘‘0418/
0418e’’ is corrected to read ‘‘N/A/
0418e’’.
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17. On page 85190, in Table B.35.
Preventive Medicine, second column,
third row, the NQF #/eCQM NQF #
‘‘entry 0418/0418e’’ is corrected to read
‘‘N/A/0418e’’.
18. On page 85199, in Table B.38.
Skilled Nursing Facility, third column,
fifth row, the blank Quality # entry is
corrected to read ‘‘110’’.
19. On page 85203, in Table B.39.
Speech Language Pathology, second
column, first row, the NQF #/eCQM
NQF # entry ‘‘0418/0418e’’ is corrected
to read ‘‘N/A/0418e’’.
20. On page 85268, in Table D.26.
Preventive Care and Screening:
Screening for Depression and FollowUp Plan, second column, first row, the
NQF #/eCQM NQF # entry ‘‘0418/
0418e’’ is corrected to read ‘‘N/A/
0418e’’.
21. On page 85333, in Table D.82.
Immunizations for Adolescents, second
column, first row, the NQF #/eCQM
NQF # entry ‘‘1407/N/A’’ is corrected to
read ‘‘N/A/N/A’’.
Dated: January 11, 2021.
Wilma M. Robinson,
Deputy Executive Secretary to the
Department, Department of Health and
Human Services.
[FR Doc. 2021–00805 Filed 1–14–21; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2020–0215]
RIN 1625–AC26
Certificate of Documentation—5 Year
Renewal Fees
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is issuing a
final rule extending the validity of a
recreational vessel endorsement on a
Certificate of Documentation (COD)
from 1 to 5 years. Congress passed and
the President signed the Frank
LoBiondo Coast Guard Authorization
Act of 2018, which requires the Coast
Guard to issue recreational vessel CODs
for 5 years. By updating the Code of
Federal Regulations to reflect this
change, the Coast Guard anticipates this
final rule to harmonize with the
requirements of the 2018 Act that
decreased the burden on recreational
vessel owners by requiring COD
renewals every 5 years rather than
annually.
SUMMARY:
PO 00000
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To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2020–
0215 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
For
information about this document, call or
email Mr. Ronald Teague, Department of
Homeland Security, U.S. Coast Guard,
National Vessel Documentation Center,
792 T J Jackson Drive, Falling Waters,
WV 25419; telephone 304 271–2506;
email ronald.s.teague@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Background
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
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
46 CFR Part 67
ACTION:
This final rule is effective
February 18, 2021.
DATES:
Sfmt 4700
2018 Act Frank LoBiondo Coast Guard
Authorization Act of 2018 (Pub. L. 115–
282, 132 Stat. 4192)
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
COD Certificate of Documentation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NVDC U.S. Coast Guard National Vessel
Documentation Center
OMB Office of Management and Budget
§ Section
SME Subject matter expert
U.S.C. United States Code
II. Basis and Purpose, and Regulatory
History
The legal basis for this final rule is
found in Section 512 of the Frank
LoBiondo Coast Guard Authorization
Act of 2018 (2018 Act) (Pub. L. 115–282,
132 Stat. 4192) (the 2018 Act), which
the President signed on December 4,
2018. The 2018 Act directed the Coast
Guard to do the following: (1) Make
Certificates of Documentation (CODs)
for recreational vessels of at least five
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net tons 1 effective for 5 years; and (2)
require owners of recreational vessel of
at least five net tons to notify the Coast
Guard of each change in the information
on which the issuance of the COD is
based. Vessel owners must report each
change of information that occurs before
expiration of the certificate not later
than 30 days after such change. This
rulemaking is issued under authority
found in Title 46 of the United States
Code (U.S.C.) 2103.
The Coast Guard finds that good cause
exists under the Administrative
Procedure Act, 5 U.S.C. 553, to dispense
with notice and comment procedures.
Prior notice and opportunity to
comment on this rule are unnecessary
under 5 U.S.C. 553(b)(3)(B) because
Section 512 of the 2018 Act provides the
Coast Guard no discretion in adopting
the specific time frames for renewal of
recreational vessel CODs. The 2018 Act
does not allow for alternatives. It does
not permit the Coast Guard to decide
upon a different time frame for renewal,
choose to adopt a different renewal
period, or respond to public comments
by modifying the substance of the rule.
Soliciting public comment on the
correct time period for COD renewal for
a recreational vessel, or on the decision
to update the regulations to comport
with the statutory mandate, is
unnecessary and would in fact be
futile.2 It should be noted that the Coast
Guard has already implemented the
requirements of Section 512 of the 2018
Act and is presently issuing multi-year
CODs to recreational vessels of at least
5 net tons.
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III. Background
Section 512 of the 2018 Act directs
how the Coast Guard must administer
its certificate of documentation
program, and this rule conforms
sections in Title 46 of the Code of
Federal Regulations (CFR) part 67 to
reflect what is now the law. As
described above, the Coast Guard finds
that good cause exists to forego notice
and comment rulemaking because the
statute provides the Coast Guard with
no discretion to exercise in response to
comments. Accordingly, the Coast
1 46 U.S.C. 12103 provides, in pertinent part,
‘‘Except as otherwise provided, a certificate of
documentation for a vessel may be issued under
this chapter only if the vessel is—. . .(2) at least 5
net tons as measured under part J of this subtitle;
. . .’’
2 See Metzenbaum v. Federal Energy Regulatory
Commission, 675 F. 2d 1282, 1291 (D.C. Cir. 1982)
(finding notice and comment unnecessary for
nondiscretionary acts where notice and comment
‘‘might even have been contrary to the public
interest, given the expense that would have been
involved in a futile gesture.’’) (internal quotation
marks omitted).
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Guard did not issue a notice of proposed
rulemaking. This final rule only amends
the regulations so that they are in
agreement with the requirements
already in the law.
The purpose of this final rule is to
meet the Congressional mandate
contained in Section 512 of the 2018
Act, in which Congress requires the
Coast Guard to issue recreational
endorsements on CODs with a validity
of 5 years. Additionally, the 2018 Act
directs the Coast Guard to establish
phased user fees for 5-, 4-, 3-, 2-, and 1year recreational endorsements. After
the phase-in period is complete, on
December 31, 2021, applicants will only
be able to apply for a 5-year recreational
endorsement.
In accordance with 46 U.S.C.
12105(e)(2)(C), the cost of the user fee
will be calculated by multiplying 5
years by the recently established $26
annual fee, for a total of $130.3 The 5year fee is consistent with statute and
will ensure that the Coast Guard collects
the appropriate user fees, consistent
with the cost to provide the service. The
new fee for a 5-year recreational
endorsement will be in addition to the
fee collected for initial and exchanges of
CODs.
Lastly, this final rule repeats the
requirement in the 2018 Act for vessel
owners to notify the Coast Guard of each
change in the information on which the
issuance of the COD for the vessel is
based, before the expiration of the COD
and no later than 30 days after the
change. The COD will terminate upon
the expiration of the 30-day period if the
owner has not notified the Coast Guard
of changes within the 30-day timeframe.
IV. Discussion of the Rule
On March 3, 2015, the Coast Guard
published a request for comments,
specifically seeking input on increasing
the validity period for renewing CODs,
methods for doing so, and possibly
updating the fee for services (80 FR
11361). We received 2,844 comments in
response to our notice, largely in
support of a multiyear registration
option. However, our request for
comments was superseded by section
311 of the Coast Guard Authorization
Act of 2015 (Pub. L. 114–120), and again
by the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Pub. L. 115–
282), which specifically directed the
Coast Guard to change the validity
period of CODs for recreational vessels
to a 5-year option only, after a 3-year
phase-in period during which vessel
owners could choose 1, 2, 3, 4, or 5
years.
3 See
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79 FR 47015, 47106 (Aug. 12, 2014).
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5023
There are no maritime safety or
security reasons to change the
recreational vessel COD validity from 1
year to 5. However, Congress
determined that a change in the validity
was in the best interest of recreational
vessel owners, and the Coast Guard is
required to recoup the costs of
providing a service.4 To ensure the
appropriate user fees are collected for 5year CODs, the Coast Guard will collect
fees consistent with the annual cost
multiplied by 5, as required by section
512 of the 2018 Act.
Currently, 46 CFR 67.163(a) states that
all endorsements on a COD, including
commercial vessel CODs, are valid for 1
year. In this final rule, the Coast Guard
is amending this section to reflect what
is already stated in the 2018 Act: That
only commercial vessel CODs are valid
for one 1 year, and that recreational
endorsements are valid for 5 years.
Additionally, the amendment clarifies
that a vessel with both recreational and
commercial endorsements must renew
annually. The Coast Guard is also
amending § 67.163(b) to reflect the
appropriate renewal application, as the
currently listed form no longer exists.
Lastly, as the 2018 Act requires, the
Coast Guard is adding paragraph (c) to
§ 67.163 to establish the 5-year renewal
requirement and inform recreational
vessel owners that they have the option
to renew recreational endorsements for
durations of 1, 2, 3, 4, or 5 years during
the phase-in period. The ability for the
owner to select validity is only in effect
from January 1, 2019, to December 31,
2021.
The Coast Guard is amending § 67.317
to reflect that recreational endorsements
must be renewed every 5 years. The
Coast Guard is also amending § 67.319
to reflect that an owner of a vessel that
has a change of information on which
the issuance of the COD of the vessel is
based must notify the Coast Guard of the
change of information within 30 days,
as is required by section 512 of the 2018
Act. Furthermore, the Coast Guard is
amending this section to reflect that the
vessel’s COD will be terminated if the
owner fails to notify the Coast Guard
within 30 days of any changes on which
the issuance of the COD is based. The
Coast Guard is also amending § 67.515
to remove the word ‘‘annual’’ in
describing endorsement renewals.
Finally, the Coast Guard is amending
table 1 to § 67.550 to reflect the
appropriate fee for a 5-year recreational
endorsement, and the fees associated
with the owner choosing to have a
certificate issued or renewed for 1, 2, 3,
4 46
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4, or 5 years from January 1, 2019, to
December 31, 2021.
V. Regulatory Analyses
We developed this final rule to reflect
current law, in accordance with
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.
DHS considers this rule to be an
Executive Order 13771 deregulatory
action. See the OMB Memorandum
titled ‘‘Guidance Implementing
Executive Order 13771, titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (April 5, 2017). Details on the
estimated cost savings of this final rule
can be found in the rule’s regulatory
analysis (RA) that follows.
Following guidance in OMB Circular
A–4, we assess the impacts of this rule
against a no-action baseline as well as
a pre-statutory baseline. The no-action
baseline is an assessment against what
the world would be like if the rule is not
adopted. The pre-statutory baseline is
an assessment against what the world
would be like if the relevant statute had
not been adopted.
This final rule will codify
requirements in the 2018 Act that
established a new schedule for the
renewal of CODs for owners of
recreational vessels of at least 5 net tons.
Since the final rule does not add any
new requirements beyond what is
already required and implemented
under the 2018 Act, under a no-action
baseline, its total impacts on costs, cost
savings, and benefits is zero.
We also present impacts of the final
rule based on a pre-statutory baseline. In
other words, in the analysis that
follows, we present the impacts of the
2018 Act by comparing the
requirements of this rule to a baseline
prior to implementation of the 2018 Act.
Summary of Impacts (Pre-Statutory
Baseline)
Prior to the 2018 Act, CODs were
effective for one year. The 2018 Act,
codified by this rule, creates savings due
to a reduction in the time necessary for
the submission and approval of COD
renewals. We anticipate that
approximately 165,309 recreational
vessel owners will be affected annually.
In addition, the Government will be
affected because the number of annual
renewals the Coast Guard processes will
decline. We estimate that the industry
for recreational vessel owners of vessels
of at least 5 net tons will see a savings
of $696,727 annualized over 10 years,
and the Coast Guard will reduce
spending on administrating COD
renewals by an annualized amount of
approximately $997,345. Both cost
savings are in $2018, discounted at 7
percent. We estimate the annualized
cost savings to industry and the
Government combined to be
approximately $1.7 million, discounted
at 7 percent.
Table 1 presents a summary of the
economic impacts. We provide a
detailed description of the estimates in
the next section of this analysis.
TABLE 1—SUMMARY OF THE ECONOMIC IMPACT
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[Pre-statutory baseline]
Description
Affected population
Cost
Cost savings
Benefits
Require owners of recreational vessels of at
least 5 net tons to renew CODs every 5
years, thereby making CODs effective for
a 5-year term instead of a 1-year term.
Estimated average
annual population
over a 10-year period of analysis of
owners of recreational vessels affected by the 2018
Act (and codified by
this regulation) is
165,309 vessels.
The 2018 Act will not
impose any cost
burden on industry.
The restructuring of CODs from an annual
renewal to a 5-year renewal period will reduce the industry’s annual time burden for
submitting COD applications. In addition,
the Government will benefit due to a reduction in the amount of applications
processed annually.
Vessel owners are currently required to update changes that impact information attested to on the COD. Since the 2018 Act
requires renewal every 5 years instead of
annually, a provision within this final rule
is clarifying that owners need to amend
any changes to CODs within 30 days of
said changes occurring.
The fee schedule in Table 1 in § 67.550 provides owners with information about the
applicable fees for obtaining the CODs for
their vessels.
Recreational vessel
owners impacted by
the 2018 Act would
be affected by the
provision in
§ 67.319 of this final
rule.
No cost. This is clarifying a requirement
to keep COD information current and
will not impose any
cost burden.
The affected industry
will see a 10-year
annualized savings
of $696,727. In addition, the government will see a 10year annualized
savings of
$997,345; both estimates are discounted at 7 percent.
There are no savings
associated with this
provision.
The affected population is those owners under 46 CFR
part 67, subpart Y.
No cost. This clarifies
information about
the fees associated
with CODs.
No savings. This is
clarification only.
There are no benefits associated with the
updated table. It is updating the cost
schedule to account for the change to a
5-year renewal.
The 2018 Act requires owners of
recreational vessels of at least 5 net tons
to renew their CODs every 5 years.
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Owners were to begin phase-in starting
January 1 of 2019.
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There are no benefits associated with this
provision, other than clarifying when
changes to COD information must be addressed.
Population
We estimate that there are an average
of 162,647 recreational vessels in
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service in a given year that have a COD.
The certification and documentation of
recreational vessels comes with rights as
well as responsibilities that entitle
vessel owners the protection under the
U.S. flag.
There are two reasons for
documenting a recreational vessel. The
first reason is voluntary, for qualified
recreational vessels that are at least 5
net tons, thereby granting them
protection under the U.S. flag. The
second reason is to satisfy mortgage
lender requirements.
Documenting recreational vessels
occurs according to five criteria:
(1) As a result of the initial
documentation of a newly produced
vessel (not documented);
(2) As a result of the initial
documentation of a newly acquired
existing vessel, not previously
documented;
(3) As an exchange of the vessel from
one party to another;
(4) As a reinstatement or replacement
of a vessel; or
(5) As a return to documentation of a
vessel.
The data used to formulate the
affected population is provided by the
Coast Guard’s National Vessel
Documentation Center (NVDC), which is
the approving authority for the issuance
of CODs. The NVDC provides CODs
according to the criteria presented
above. The information we present in
this analysis uses NVDC data for the
affected population over a 5-year period,
from 2013 to 2017.5 Based on this data,
we estimate the average existing number
of owners obtaining CODs in a given
year to be 162,309, of which 7,402 (or
4.6 percent) are initial CODs. We
assume this is the number of CODs that
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5 Information pertaining to the historical data can
be found in the Appendix, under the supporting
documents in the docket, where indicated in the
ADDRESSES portion of the preamble. The data for
2013 to 2017 is as follows: 171,293; 160,669;
156,552; 155,221; 167,810.
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would have been renewed annually in
the absence of the 2018 Act.
To estimate the number of CODs for
new vessels entering into use each year,
we use the NVDC data to estimate the
number of new owners requesting initial
CODs as a percent of total CODs. We
base our estimate on 4.6 percent, as this
represents the average increase of CODs
(7,402 [average number of initial CODs]
divided by 162,309 [average total
number of CODs]).
The number of new vessels entering
into use will vary slightly every year.
However, based on historical data, we
can expect their average annual rate to
converge to a steady figure. Assuming
this subset (new vessel CODs) of initial
CODs is, on average, consistent with the
average increase of the total COD
population (4.6 percent annually), we
can then assume that, on an annual
basis, 338 new vessels owners will
request CODs each year (7,402 average
initial CODs multiplied by 4.6 percent).
We then add 338 to 162,309 to obtain
162,647, the average total population of
CODs. We use this total population
estimate to derive the number of CODs
that will not need to renew as a result
of the 2018 Act (which is codified by
this regulation). As is presented in the
cost savings section below, this annual
estimate varies per year according to the
five different annual certification
criteria and the 3-year phase-in period.
Cost Savings
Industry Assessment
As a result of the 2018 Act, the Coast
Guard will no longer require owners of
recreational vessels to renew their CODs
annually. Therefore, the 2018 Act will
not impose any cost; only cost savings
will be realized by the affected
population.
As of January 1, 2019, owners have
been able to select a renewal period of
multiple years, up to a limit of 5 years.
This cost savings assessment outlines
the Coast Guard’s anticipated industry
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5025
adaptation of moving to a 5-year
renewal period.
The 2018 Act provides that vessel
owners will have 3 years (starting
January 1, 2019 and ending December
31, 2021) to select a timeframe for COD
renewal that does not exceed 5 years.
Hence, vessel owners can choose any
timeframe from 1 to 5 years during this
3-year period. Beginning January 1,
2022, all recreational CODs will be
renewed with a validity period of 5
years. Therefore, in order to formulate
the best approximation of how owners
will select their renewal periods during
the phase-in period, we make the
assumption that equal portions of the
affected population selected a renewal
period of 1 to 5 years in 2019.
Since the Coast Guard is unable to
determine individual preferences
regarding how owners will choose a
renewal term during the phase-in
period, our methodology anticipates
cost savings throughout a 10-year period
of analysis (2019–2028).6 We begin by
acknowledging that all active CODs had
to be renewed in 2019. Therefore, when
renewing or receiving an initial COD in
2019, all made a decision as to when
they would renew their next COD.
Accordingly, for the first year of the 10year assessment period, 2019, no one
within the affected population received
any savings.7 Therefore, savings begin
in 2020.
6 The Coast Guard has collected 2019 data about
the behavior of owners towards selecting a new
renewal period. However, the data was too
incomplete to formulate an accurate representation
of the affected population’s choices in that year. In
addition, because 2019 is the only year for which
the Coast Guard has information, this data does not
provide enough information (statistically) to
develop a trend analysis to project actual changes
in behavior. Therefore, we have elected to proceed
with analyzing this regulatory assessment by
equally dividing the affected population over a 5year period, resulting in 80% of the annual
population not renewing their CODs in a given year.
7 Further information can be found in the
Appendix, under supporting documents in the
docket, where indicated in the ADDRESSES portion
of the preamble.
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To conduct this assessment, we create
five subcategories (divided equally) of
the affected population, and assign each
category a specific year for renewal. Any
owner who selects a timeframe for
renewal greater than 2 years, or beyond
2021 (60 percent of the affected
population), will have their follow-on
renewals occurring every 5 years after
their initial renewal choice. However,
we assume that those who select a
timeframe of 1 or 2 years (which we
refer to as groups A and B), will not
necessarily renew their CODs in 5 years.
Since groups A and B have chosen the
option of renewing in 1 or 2 years,
which falls within the phase-in period,
they will be given another opportunity
to select a renewal period of 1 to 5 years
at the time of their renewal.8 Since
groups A and B will, again, have the
option of selecting a renewal period of
1 to 5 years, we again partition, within
each group, equal portions of owners
selecting 1 to 5 years renewal. Once an
individual in group A and B selects a
renewal period that goes beyond 2021,
their follow-up renewal will occur on a
5-year renewal cycle. In Table 2 we
present a summary outline as to how we
estimate the number of non-renewals
occurring during a 10-year period of
analysis. Further details about how we
estimated the number of renewals and
avoided renewals can be found in the
Appendix, under supporting documents
in the docket, where indicated in the
ADDRESSES portion of the preamble.
TABLE 2—SUMMARY OF POTENTIAL NON-RENEWING COD POPULATION OVER 10-YEAR PERIOD OF ANALYSIS 9
[Pre-statutory baseline]
Potential non-renewing population
Phase-in period
COD applications under the baseline (A) ......................................
COD applications under the 2018
Act (B) .......................................
Avoided COD applications (A–B)
5-year renewal period
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
162,647
162,647
162,647
162,647
162,647
162,647
162,647
162,647
162,647
162,647
162,647
0
32,867
129,780
39,441
123,206
47,329
115,317
47,329
115,317
47,329
115,317
14,800
147,846
8,226
154,421
47,667
114,978
47,667
114,979
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Note: Values may not add due to rounding.
The summary in Table 2 provides an
approach as to how industry may react
to the changes in the renewal process.
In addition, it provides the affected
population, which serves as a basis for
cost savings throughout the 10-year
period of analysis.
All savings realized will be
administrative, from the perspective of
vessel owners and the Government.
Because the 2018 Act changed annual
renewals to a 5-year renewal period,
owners will spend less time submitting
paperwork for renewing their CODs. In
addition to the savings that owners will
receive, the industry as a whole will see
a reduction in paperwork (see
Paperwork Reduction Act in section V.
D of the preamble to this final rule).
In order to obtain a wage rate for our
calculations, to determine the amount of
savings incurred by this rulemaking, we
first identify the individual(s) who
submit the renewal form (CG–1280) to
the Coast Guard. Using the 2018 wage
rate data from the Bureau of Labor
Statistics (BLS) website, we obtain the
employee wage that most resembles the
persons tasked with renewing CODs as
Transportation Employment, Storage
and Distribution Managers (OES code
11–3071). The mean hourly wage rate
associated with this profession, as
reported by BLS, is $49.45 per hour.10
In order to account for employee
benefits, we apply a load factor to the
mean hourly wage rate. We calculate the
load factor from BLS’s Employer Cost
for Employee Compensation survey and
apply it to the mean hourly wage rate to
obtain a fully loaded wage rate, which
more accurately represents the
employers’ cost per hour for employees’
work.11 The load factor we used for this
economic assessment is 1.52.12 The
loaded mean hourly wage rate we used
to assess the savings estimates is
calculated at $75.16 ($49.45 multiplied
by 1.52).
From the Supporting Statement for
Vessels Documentation collection of
information (OMB Control No. 1625–
0027), we obtain the amount of time (or
time burden) necessary for filling out
the renewal documentation as 5
minutes. Applicants may submit the
renewal form CG 1280 through regular
postal service or through the internet.
For the proportion of those submitting
form CG–1280 through the internet,
annual renewal is about 28 percent 13 of
the affected population, while the
remaining 72 percent continue utilizing
the postal service for their submissions.
We estimate that the cost of submitting
a renewal form via postal service is 0.55
cents (the cost of a first-class postage
stamp), while those who submit the
form through the internet incur no
additional mailing costs. There are no
associated savings with submitting the
form online, as we assume that for those
choosing that method, internet service is
an established part of business
operations.
8 Because we are unable to determine how or why
owners make their financial decisions, we assume
that groups A and B are not inclined to make a longterm commitment (beyond year 2021) due to
projected or un-projected future financial plans.
Therefore, we assume that short-term financial
decisions will direct them to select a shorter term
of 1 or 2 years. For the years following 2021, we
assume renewals will be conducted every 5 years.
For this illustrative analysis, we break down the
renewals in equal annual portions over the five-year
period. However, the Coast Guard recognizes that
renewal numbers could vary over the 5-year period
for several reasons, including the possibility the
owners could get rid of their vessels prior to the
renewal term.
9 An expanded population matrix appears in the
appendix, which can be found in the supporting
documents in the docket, where indicated under
the ADDRESSES portion of this preamble.
10 Information about the wage rates for
Transportation, Storage and Distribution Managers
(11–3071) can be found at https://www.bls.gov/oes/
2018/may/oes113071.htm.
11 A loaded wage rate is what a company pays per
hour to employ a person, not the hourly wage the
employee receives. The loaded wage rate includes
the cost of benefits (health insurance, vacation,
etc.).
12 From the BLS, Employer Cost for Employee
Compensation survey. The load factor for wages is
calculated by dividing total compensation by wages
and salaries. For this report, we used the
Transportation and Materials Moving Occupations,
Private Industry report (Series IDs,
CMU2010000520000D and CMU2020000520000D
for Total Compensation and Wages and Salaries,
respectively, not seasonally adjusted) for all
workers using the multi-screen data search. Using
2018 4th quarter data, we divide $29.53/$19.42 to
obtain a load factor of 1.52. See https://data.bls.gov/
cgi-bin/dsrv?cm.
13 The NVDC provided their assessment on
renewal submissions that will be received via
internet.
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TABLE 3—SUMMARY OF VALUES USED TO FORMULATE SAVINGS
[Pre-statutory baseline]
HR
equivalent
Burden hours
From collection of information ....................................................
YR–2018 .....................................................................................
5 Min ..........................................................................................
Hourly Wage ..............................................................................
Load Rate ..................................................................................
Total Wage Rate ........................................................................
Submission Cost ........................................................................
Percent of Submission ...............................................................
Letter Carrier ..............................................................................
Via Internet .................................................................................
0.08
$49.45
1.52
$75.16
** $0.55
100%
72%
28%
** This cost is only associated with submission of the renewal documentation via letter carrier.
We estimate the savings of this 10year assessment by combining the
information found in Tables 2 and 3.
From Table 2, we anticipate how
industry will react to changes in the
certification renewal process. Therefore,
the calculations for determining savings
are as follows: Since the number of
affected population throughout the 10year assessment is not uniform, we
utilize a sample year to explain how we
obtain savings. From table 2, we use the
year 2024 as an example. We estimate
$693,061. We then account for the cost
of submitting the application, at $0.55
for 72 percent of the population in that
year, adding an additional cost savings
of about $45,666 (72 percent of 115,317
[the affected population in 2024] equals
83,029 multiplied by $0.55 [the cost of
a first-class stamp]). The resulting total
cost savings for year 2024 is
approximately $738,723 (nondiscounted). Table 4 provides a 10-year
summary of cost savings that industry
will realize.
the number of the affected population
for 2024 not renewing their CODs to be
about 115,317. The amount of cost
savings associated with not having to
fill out the request for certification, per
person, is estimated at $6.01 ($75.16
loaded wage rate multiplied by 0.08
time burden associated with filling out
documentation). Multiplying the
affected population in 2024 by the
potential savings of $6.01 due to the
reduction in time burden results in
administrative savings for that year of
TABLE 4—SUMMARY OF 10-YEAR ASSESSMENT OF INDUSTRY COST SAVINGS, IN $2018
[Pre-statutory baseline]
Cost savings
non-discounted
Year
2019 .........................................................................................................................................
2020
2021
2022
2023
2024
2025
2026
2027
2028
Cost savings
discounted 3%
Cost savings
discounted 7%
No savings in first year
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
$831,371
789,251
738,721
738,723
738,723
947,104
989,211
736,549
736,558
$783,647
722,277
656,344
637,229
618,669
770,082
780,892
564,504
548,069
$726,151
644,264
563,566
526,700
492,243
589,809
575,730
400,634
374,429
Total ..................................................................................................................................
7,246,212
6,081,712
4,893,526
Annualized ........................................................................................................................
............................
712,962
696,727
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Note: Values may not add due to rounding.
Summarizing Table 4, we note that
industry will not incur any cost savings
during the first year of our assessment,
since the entire affected population had
to renew in 2019 and, in that year, make
a determination regarding their next
renewal date.14 However, after the first
year, industry will begin to realize
savings due to the extended renewal
period provided by the 2018 Act. We
estimate that the total 10-year savings is
14 In 2019, all CODs were still affected by premandated regulations, which means all CODs were
renewed. For more information on the distribution
of the population, please see the Appendix in the
docket.
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$4.9 million, and the annualized savings
is $0.697 million, both discounted at 7
percent.
Government Assessment
The 2018 Act also affects the Federal
government by reducing the amount of
renewal applications it will process in
a given year. The anticipated reduction
in the administration of renewal
applications is correlated to the
anticipated reduction in the number of
the affected population renewing their
CODs in a given year. The Government’s
reduction in approved certification will
follow the data found in Table 2.
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The COD approval is a two-phase
process, in which the Government
initiates, as a courtesy, the renewal
process, and then, in the processing
phase, issues the CODs to vessel
owners. The first phase, initiating a
request for vessel owners to renew their
annual CODs, is accomplished by
sending CG–1280 Vessel Renewal
Notification Application for Renewal
mailers to vessel owners approximately
45 days prior to the expiration date of
their current CODs. The first step of this
phase is to determine who is eligible for
renewal and to remind current COD
holders that their COD is expiring
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within 45 days. Once that is
accomplished, all material relating to
renewal notices, to include metered
mail, is processed and sent to vessel
owners. In the second step, the
Government receives the application
packet from owners, which is reviewed
and approved prior to issuance of the
COD.
The Government employees assigned
the duties of initiating renewal notices
are classified as GS–5 and GS–7employees. Subject matter experts
(SMEs) estimate the individual cost of
sending a renewal notice at
approximately $3.05.15 To estimate the
annual reduction in cost to the
Government, we multiply the individual
cost of annual notifications by the
number of vessel owners not submitting
annual renewals in a given year. Table
5 shows the estimated cost savings, per
year, that the Government will realize
from a reduction in the annual number
of notifications sent out to owners of
recreational vessels.
TABLE 5—ESTIMATED GOVERNMENT
SAVINGS FOR INITIATING COD RENEWALS IN $2018
[Pre-statutory baseline]
Year
2019
2020
2021
2022
2023
......
......
......
......
......
Estimated
reduction in
applications
Government
savings
non-discounted
0
129,780
123,205
115,317
115,317
0
$395,829
375,775
351,717
351,718
TABLE 5—ESTIMATED GOVERNMENT shows the estimated savings, annually,
SAVINGS FOR INITIATING COD RE- that the Government will realize from a
reduction in processing renewal
NEWALS IN $2018—Continued
applications.
[Pre-statutory baseline]
Estimated
reduction in
applications
Year
2024
2025
2026
2027
2028
Government
savings
non-discounted
......
......
......
......
......
115,317
147,846
154,419
114,978
114,979
351,718
450,932
470,979
350,683
350,687
Total ..
........................
3,450,039
Note: Values may not add due to rounding.
The second phase of the process
involves the Government receiving the
renewal applications from vessel
owners, processing those applications,
and then issuing the CODs. The
Government employees responsible for
reviewing the applications and granting
CODs are also classified as GS–5 and
GS–7 employees. According to data
provided by the SME, it takes a GS–5 9
minutes to process a renewal
application, at a cost of $5.40 per
renewal.16 Additionally, it takes a GS–
7 approximately 1 minute to approve a
COD, at a cost of $0.72 per renewal
request.17 The individual cost of
finalizing the renewal process, to
include mailing the certificates, is
estimated at $6.12 per renewal.18 The
savings that the Government will realize
from approving and issuing CODs will
be the number of owners not submitting
COD renewals in a given year. Table 6
TABLE 6—ESTIMATED GOVERNMENT
SAVING FOR PROCESSING AND
GRANTING COD RENEWALS IN
$2018
[Pre-statutory baseline]
Estimated
reduction in
applications
received
Year
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
Cost savings
non-discounted
......
......
......
......
......
......
......
......
......
......
0
129,780
123,205
115,317
115,317
115,317
147,846
154,419
114,978
114,979
0
$794,254
754,015
705,740
705,743
705,743
904,820
945,047
703,665
703,674
Total ..
........................
6,922,700
Note: Values may not add due to rounding.
We estimate the 10-year combined
(initial phase and processing phase) cost
savings that the Government will realize
at $10,372,739 (non-discounted). We
estimate the total discounted cost
savings at $7,004,938, and annualized
cost savings of $997,345, both
discounted at 7 percent. Table 7 shows
the total estimated Government cost
savings over the 10-year period of
analysis.
TABLE 7—ESTIMATED TOTAL GOVERNMENT COST SAVING, IN $2018
[Pre-statutory baseline]
Non-discounted
cost savings
Year
2019 .........................................................................................................................................
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2020
2021
2022
2023
2024
2025
2026
2027
2028
3%
7%
No savings first year
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................
$1,190,083
1,129,790
1,057,457
1,057,461
1,057,461
1,355,752
1,416,026
1,054,348
1,054,361
$1,121,766
1,033,917
939,536
912,175
885,606
1,102,350
1,117,824
808,070
784,543.93
$1,039,464
922,245
806,729
753,955
704,631
844,294
824,140
573,496
535,984
Total ..................................................................................................................................
10,372,739
8,705,792
7,004,938
Annualized ........................................................................................................................
............................
1,020,584
997,345
Note: Values may not add due to rounding.
15 The NVDC provided the information pertaining
to government expenditure from a draft study they
commissioned through an independent third party.
At the time of publishing this assessment, the
document has not been made available to the
public.
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16 The NVDC provided the information pertaining
to government expenditure from a draft study they
commissioned from an independent third party. At
the time of publishing this assessment, the
document has not been made available to the
public.
17 Ibid.
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18 The estimated cost was obtained by combining
the administrative cost of a Clerk 1, $5.40 ($.60
wage per minute multiplied by 9 minutes of
administrative time), and a Clerk 2, $.72 ($.72 wage
rate per minute multiplied by 1 minute of
administrative time). Total administrative cost
burden is $6.12 ($5.40 plus $.72) per applicant.
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The total 10-year combined (industry
and Government) cost savings is
estimated at $17,618,951, non-
discounted, with an annualized savings
of $1,694,073, discounted at 7 percent.
Table 8 provides the total annual
5029
estimated cost savings that the Act will
provide to the affected stakeholders.
TABLE 8—TOTAL COST SAVINGS IN $2018
[Pre-statutory baseline]
Vessel
owners not
submitting
renewals
Year
2019 .................................................................................................................
2020
2021
2022
2023
2024
2025
2026
2027
2028
Cost savings
3%
7%
No savings in first year
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
129,780
123,205
115,317
115,317
115,317
147,846
154,419
114,978
114,979
$2,021,453
1,919,041
1,796,178
1,796,184
1,796,184
2,302,856
2,405,237
1,790,897
1,790,920
$1,905,414
1,756,194
1,595,881
1,549,404
1,504,276
1,872,433
1,898,716
1,372,574
1,332,612
$1,765,616
1,566,509
1,370,295
1,280,655
1,196,874
1,434,103
1,399,870
974,129
910,413
Total ..........................................................................................................
........................
17,618,951
14,787,504
11,898,463
Annualized ................................................................................................
........................
........................
1,733,546
1,694,073
Note: Values may not add due to rounding.
In addition to estimating the normal
savings for this rule, we use the
perpetual period of analysis for
observing the long-term affect this
assessment will have on the affected
population. Therefore, we estimate the
total annualized cost savings of the 2018
Act at $1.49 million in 2016 dollars,
using a 7-percent discount rate.
khammond on DSKJM1Z7X2PROD with RULES
Final Rule Regulatory Impacts
As previously stated, under a noaction baseline, this final rule produces
no impact on the regulated industry.
The rule is merely harmonizing current
practices implemented by the 2018
Authorization Act with 46 CFR part 67.
The impacts presented above are
measured against a pre-statutory
baseline and represent the result of the
2018 Act, which this rule codifies.
Alternatives
The Coast Guard did not examine any
alternatives for this final rule as this
rule is mandated by Congress under the
Coast Guard Authorization Act of 2018.
The 2018 Act requires that Coast Guard
issue recreational Certificates of
Documentation with a validity of 5
years, thereby reducing the amount of
annual reporting burden vessel owners
incur each year. The Coast Guard is
promulgating this rule to comply with
statute and may not adopt a different
renewal period or pursue any other
alternatives.
B. Small Entities
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
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organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000. This
rule is not preceded by a notice of
proposed rulemaking and is, therefore,
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, Public Law 104–
121, we want to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. If the rule
will affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this rule. 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
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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 final rule codifies the 2018 Act,
which results in a change to an existing
collection of information under the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501–3520. As defined in 5 CFR
1320.3(c), ‘‘collection of information’’
comprises reporting, recordkeeping,
monitoring, posting, labeling, and other
similar actions. The title and
description of the information
collections, a description of those who
must collect the information, and an
estimate of the total annual burden
follow. The estimate covers the time for
reviewing instructions, searching
existing sources of data, gathering and
maintaining the data needed, and
completing and reviewing the
collection.
Title: Vessel Documentation.
OMB Control Number: 1625–0027.
Summary of the Collection of
Information: This final rule, by
harmonizing with the 2018 Act,
modifies the existing Certification of
Documentation (COD) reporting and
recordkeeping requirements in
§ 67.163(c), which will amend current
reporting. The current regulation
requires owners of recreational vessels
of at least 5 net tons to renew their
CODs annually. This final rule will
codify current industry practice as of
January 1, 2019 and will require
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recreational vessel owners to convert
from an annual renewal period to a 5year renewal period.
Need for Information: The
information is being collected for two
reasons: (1) The documenting of a U.S.
vessel comes with rights as well as
responsibilities, which entitle the vessel
owners protection under the U.S. flag;
(2) vessel documentation is a
requirement in satisfying mortgage
lender requirements.
Proposed Use of Information: The
collection of this information is
maintained by the Coast Guard as a
matter of record for identifying vessels
that will be entitled to protection under
U.S. flag. In addition, the certification of
a vessel is an obligation to be performed
by the vessel owners as part of a
financial agreement they have entered
into with a mortgage company.
Description of the Respondents: The
respondents are the owners of
recreational vessels of at least 5 net tons
that choose to document their vessels or
are required to document their vessels
due to financial obligations, which a
financial institution may require when a
borrower takes out a loan for the
purchase of a vessel.
Number of Respondents: The total
number of respondents affected is
estimated at 162,309, plus an estimated
average of 338 new vessels obtaining
CODs each year.
Frequency of Response: The final rule
codifies the 2018 Act that converts the
annual renewal of CODs to a 5-year
renewal, reducing the frequency of
responses in any given year. From
January 1, 2019 to December 31, 2021,
owners are allowed to choose their 1 to
5-year renewal period. As of January 1,
2022, owners will only be allowed to
apply for 5-year CODs. However, during
the first year (2019), 100 percent
(162,647) of the affected population
sought COD renewals for their vessels.
From 2020 on, we take the anticipated
annual 9-year average to estimate the
potential reduction in frequency of
responses required from this
information collection request. Hence,
we estimate the average number of
responses annually will be reduced
from 189,614 to 63,930.
Burden of Response: This final rule
codifies the 2018 Act and, as a result,
will reduce the burden of renewing
annual CODs to a 5-year renewal period.
Therefore, reduction in time for
submitting renewal application forms
will decrease by approximately 10,061
hours.
Estimate of Total Annual Burden: The
annual reduction in burden is estimated
as follows:
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(a) Annual reduction in burden
resulting from converting annual
reporting requirement for recreational
vessel of at least 5 net tons to a 5-year
renewal period: The final rule codifies
the 2018 Act that will reduce the
number of CODs requested and
approved annually. We estimate that it
takes 5 min (0.08 equivalent hours) to
send in a vessel documentation renewal.
We estimate the total average annual
burden or hour reduction for those
vessel owners who will not be required
to renew their documentation to be
10,054 hours (125,684 * 0.08 hours).
(b) The total reduction in annual
burden hours due to the conversion
from an annual renewal to a 5-year
renewal period: This final rule will
result in an estimated average annual
reduction in total burden hours in the
collection of information from 11,373 to
1,319.
As required by 44 U.S.C. 3507(d), we
will submit a copy of this final rule to
OMB for its review of the collection of
information. You are not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
E. Federalism
A rule has implications for federalism
under Executive Order 13132
(Federalism) if it has a substantial direct
effect on States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under Executive
Order 13132 and have determined that
it is consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132. Our analysis follows.
As explained in Sections II and III
above, this rulemaking is needed to
conform the regulations to the existing
law as amended by the 2018 Act. The
2018 Act requires the Coast Guard to
issue CODs for recreational vessels with
a period of validity of 5 years, following
a phase-in period. The 2018 Act
prescribes how the cost of the renewal
of such a recreational endorsement must
be calculated in both the phase-in
period and thereafter. It also requires
vessel owners to notify the Coast Guard
of each change in the information on
which the issuance of the COD for the
vessel is based, before the expiration of
the COD and no later than 30 days after
the change. The 2018 Act also requires
that a COD will terminate upon the
expiration of the 30-day period if the
owner has not notified the Coast Guard
of changes within the 30-day timeframe.
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Documentation under chapter 121 of
title 46, United States Code, including
under 46 U.S.C. 12105 as amended by
the 2018 Act (see amendments
described in the preceding paragraph),
is the means by which the Federal
government allows a vessel to operate in
certain trades, establishes vessel
nationality, and enables a vessel to be
subject to preferred mortgages. It is well
settled that States may not regulate in
categories reserved by Congress for
regulation by the Coast Guard. It also is
well settled that all the categories
regulated under 46 U.S.C. 2103, 3103,
3306, 3703, 4102, 4502, 7101, and 8101
(design, construction, alteration, repair,
maintenance, operation, equipping,
personnel qualification, and manning of
vessels), as well as any other category in
which Congress intended the Coast
Guard to be the sole source of a vessel’s
obligations, are within the field
foreclosed from regulation by the States.
See the Supreme Court’s decision in
United States v. Locke and Intertanko v.
Locke, 529 U.S. 89, 120 S.Ct. 1135
(2000). This rule implements changes
made by Congress to the comprehensive
federal vessel documentation
requirements of 46 U.S.C. ch. 121, over
which Congress clearly has granted the
Coast Guard, via delegation from the
Secretary, exclusive authority.
Therefore, because the States may not
regulate within this category, this rule is
consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
While it is well settled that States may
not regulate in categories in which
Congress intended the Coast Guard to be
the sole source of a vessel’s obligations,
the Coast Guard recognizes the key role
that State and local governments may
have in making regulatory
determinations. The Coast Guard values
the input of State and local governments
in such matters.
F. Unfunded Mandates
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. Although this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
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
will 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 will not have a substantial
direct effect 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.
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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.
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
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consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), 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. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
This rule is categorically excluded
under paragraph L57 of Appendix A,
Table 1 of DHS Instruction Manual 023–
01–001–01, Rev 1. Paragraph L56
pertains to documentation of vessels.
This rule involves extending the
validity of a recreational vessel
endorsement on a Certificate of
Documentation.
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
continues 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.
2. Amend § 67.163 by:
a. Revising paragraph (a) introductory
text;
■ b. Revising paragraph (b); and
■ c. Adding paragraph (c).
The revisions and addition read as
follows:
■
■
§ 67.163
Renewal of endorsement.
(a) Requirement for renewal of
endorsement. Endorsements on
Certificates of Documentation are valid
for 1 year, except for Recreational
Endorsements on Certificates of
Documentation, which are valid for 5
years. However, a Certificate of
Documentation with a Recreational
Endorsement and a Commercial
Endorsement will only be valid for 1
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5031
year. Prior to the expiration of an
endorsement, the owner of a vessel,
which is not exempt from the
requirement for documentation under
paragraph (c) of § 67.9, must apply for
renewal of the endorsement(s) by
complying with paragraph (b) of this
section. The owner of a vessel exempt
from the requirement for documentation
under paragraph (c) of § 67.9 must
either:
*
*
*
*
*
(b) Renewal application. The owner of
a vessel must apply for renewal of each
endorsement by executing an original
Vessel Renewal Notification,
Application for Renewal (CG–1280)
certifying that the information
contained in the Certificate of
Documentation and any endorsement(s)
thereon remains accurate, and that the
Certificate has not been lost, mutilated,
or wrongfully withheld. The completed
CG–1280 must be sent to the Director,
National Vessel Documentation Center.
(c) Requirement for renewal of
recreational endorsements. A certificate
of documentation for a recreational
vessel and the renewal of such a
certificate shall be effective for a 5-year
period. During the period beginning
January 1, 2019, and ending December
31, 2021, the owner of a recreational
vessel may choose a period of
effectiveness of 1, 2, 3, 4, or 5 years for
such a certificate of documentation for
such vessel or the renewal thereof.
§ 67.317
[Amended]
3. In § 67.317 amend paragraph (a) by
adding, after the introductory phrase,
‘‘Except as provided in paragraph (b) of
this section,’’ the text ‘‘and except for
recreational endorsements, which must
be renewed every 5 years,’’.
■ 4. Revise § 67.319 to read as follows:
■
§ 67.319 Requirement to report change in
vessel status and surrender Certificate of
Documentation.
(a) The owner of a vessel must notify
the Coast Guard of each change in the
information on which the issuance of
the Certificate of Documentation for the
vessel is based that occurs before the
expiration of the certificate under this
subsection, by no later than 30 days
after such change.
(b) The Certificate of Documentation
for a vessel is terminated upon the
expiration of the 30-day period if the
owner has not notified the Coast Guard
of such change before the end of the
period.
§ 67.515
[Amended]
5. In § 67.515, remove the word
‘‘annual’’.
■ 6. Revise § 67.550 to read as follows:
■
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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
§ 67.550
Fee table.
The fees charged under subpart Y are
as set forth in Table 1 to 67.550.
TABLE 1 TO 67.550—FEES
Activity
Reference
Applications:
Initial Certificate of Documentation ...........................................................................................................
Exchange of Certificate of Documentation ...............................................................................................
Return of vessel to documentation ...........................................................................................................
Replacement of lost or mutilated Certificate of Documentation ...............................................................
Approval of exchange of Certificate of Documentation requiring mortgagee consent .............................
Trade endorsement(s):
Coastwise endorsement ....................................................................................................................
Coastwise Boaters endorsement .......................................................................................................
Fishery endorsement .........................................................................................................................
Registry endorsement ........................................................................................................................
Recreational endorsement .................................................................................................................
Recreational vessel endorsements (5-year) ......................................................................................
Through December 31, 2021: ............................................................................................................
4-year recreational vessel endorsement ....................................................................................
3-year recreational vessel endorsement ....................................................................................
2-year recreational vessel endorsement ....................................................................................
1-year recreational vessel endorsement ....................................................................................
Fee
Subpart K ..............
......do ....................
......do ....................
......do ....................
......do ....................
$133.00
84.00
84.00
50.00
24.00
Subpart B ..............
46 CFR part 68 .....
......do ....................
......do ....................
......do ....................
...............................
...............................
...............................
...............................
...............................
...............................
29.00
29.00
12.00
none
........................
130.00
........................
104.00
78.00
52.00
26.00
Note 1: When multiple trade endorsements are requested on the same application, the single highest applicable endorsement fee will be
charged, resulting in a maximum endorsement fee of $29.00. This does not apply to recreational endorsements.
Evidence of deletion from documentation ................................................................................................
Renewal fee ..............................................................................................................................................
Commercial vessel endorsements (annual) ......................................................................................
Recreational vessel endorsements (5-year) ......................................................................................
Through December 31, 2021:
4-year recreational vessel endorsement ....................................................................................
3-year recreational vessel endorsement ....................................................................................
2-year recreational vessel endorsement ....................................................................................
1-year recreational vessel endorsement ....................................................................................
Late renewal fee .......................................................................................................................................
Waivers:
Original build evidence ..............................................................................................................................
Bill of sale eligible for filing and recording ................................................................................................
Miscellaneous applications:
Wrecked vessel determination ..................................................................................................................
New vessel determination .........................................................................................................................
Rebuild determination—preliminary or final ..............................................................................................
Filing and recording:
Bills of sale and instruments in nature of bills of sale ..............................................................................
Mortgages and related instruments ..........................................................................................................
Notice of claim of lien and related instruments ........................................................................................
Certificate of compliance:
Certificate of compliance ...........................................................................................................................
Miscellaneous:
Abstract of Title .........................................................................................................................................
Certificate of ownership ............................................................................................................................
Attachment for each additional vessel with same ownership and encumbrance data .....................
Copy of instrument or document ..............................................................................................................
Subpart L ..............
......do ....................
......do ....................
...............................
15.00
26.00
26.00
130.00
...............................
...............................
...............................
...............................
......do ....................
104.00
78.00
52.00
26.00
1 5.00
Subpart F ..............
Subpart E ..............
15.00
15.00
Subpart J ..............
Subpart M .............
......do ....................
555.00
166.00
450.00
Subpart P ..............
Subpart Q .............
Subpart R ..............
2 4.00
46 CFR part 68 .....
55.00
Subpart T ..............
......do ....................
......do ....................
(3) ..........................
25.00
125.00
10.00
(3)
1 Late
2 Per
renewal fee is in addition to the cost of the endorsement sought.
page.
will be calculated in accordance with 6 CFR part 5, subpart A.
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3 Fees
Dated: January 8, 2021.
R.V. Timme,
Rear Admiral, U.S. Coast Guard,Assistant
Commandant for Prevention Policy.
[FR Doc. 2021–00526 Filed 1–15–21; 8:45 am]
BILLING CODE 9110–04–P
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2 8.00
2 8.00
Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 210112–0008]
RIN 0648–BK08
International Fisheries; Pacific Tuna
Fisheries; Fishing Restrictions for
Tropical Tuna in the Eastern Pacific
Ocean for 2021
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule; request for
comments.
AGENCY:
NMFS is issuing regulations
under the Tuna Conventions Act to
implement Resolution C–20–05
(Conservation of Tuna in the Eastern
Pacific Ocean During 2021), which was
adopted by the Inter-American Tropical
Tuna Commission (IATTC or
Commission) on December 22, 2020. All
of the provisions of Resolution C–20–05
are identical in content to the previous
resolution on tropical tuna management
that expired at the end of 2020. This
interim final rule implements the C–20–
05 fishing management measures for
tropical tuna (i.e., bigeye tuna (Thunnus
obesus), yellowfin tuna (Thunnus
albacares), and skipjack tuna
(Katsuwonus pelamis)) in the eastern
Pacific Ocean (EPO). The fishing
restrictions in this interim final rule are
applicable in 2021 only and apply to
purse seine vessels of class sizes 4–6
(carrying capacity of 182 metric tons
(mt) or greater) and longline vessels
greater than 24 meters (m) in overall
length that fish for tropical tuna in the
EPO. This interim final rule is necessary
for the conservation of tropical tuna
stocks in the EPO and for the United
States to satisfy its obligations as a
member of the IATTC.
DATES: This interim final rule is
effective January 19, 2021. Comments
on the interim final rule must be
submitted in writing by February 18,
2021.
SUMMARY:
You may submit comments
on this document, identified by NOAA–
NMFS–2020–0122, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-2020-
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ADDRESSES:
VerDate Sep<11>2014
00:39 Jan 18, 2021
Jkt 253001
0122, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Rachael Wadsworth, NMFS West Coast
Region Long Beach Office, 501 W Ocean
Blvd., Suite 4200, Long Beach, CA
90802. Include the identifier ‘‘NOAA–
NMFS–2020–0122’’ in the comments.
Instructions: Comments must be
submitted by one of the above methods
to ensure they are received,
documented, and considered by NMFS.
Comments sent by any other method, to
any other address or individual, or
received after the end of the comment
period, may not be considered. All
comments received are a part of the
public record and will generally be
posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Copies of supporting
documents that were prepared for this
interim final rule, including the
regulatory impact review (RIR) are
available via the Federal e-Rulemaking
Portal: https://www.regulations.gov,
docket NOAA–NMFS–2020–0122, or
contact Rachael Wadsworth, NMFS
WCR SFD, NMFS West Coast Region
Long Beach Office, 501 W Ocean Blvd.,
Suite 4200, Long Beach, CA 90802, or
WCR.HMS@noaa.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Rachael Wadsworth, NMFS, at (206)
561–3457.
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the
IATTC, which was established under
the 1949 Convention for the
Establishment of an Inter-American
Tropical Tuna Commission. In 2003, the
IATTC adopted the Convention for the
Strengthening of the IATTC Established
by the 1949 Convention between the
United States of America and the
Republic of Costa Rica (Antigua
Convention). The Antigua Convention
entered into force in 2010. The United
States acceded to the Antigua
Convention on February 24, 2016. The
full text of the Antigua Convention is
available at: https://www.iattc.org/
PDFFiles/IATTC-Instruments/_English/
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5033
IATTC_Antigua_
Convention%20Jun%202003.pdf.
The IATTC consists of 21 member
nations and 5 cooperating non-member
nations and facilitates scientific
research into, as well as the
conservation and management of, tuna
and tuna-like species in the IATTC
Convention Area. The IATTC
Convention Area is defined as waters of
the EPO within the area bounded by the
west coast of the Americas and by 50°
N latitude, 150° W longitude, and 50° S
latitude. The IATTC maintains a
scientific research and fishery
monitoring program and regularly
assesses the status of tuna, sharks, and
billfish stocks in the IATTC Convention
Area to determine appropriate catch
limits and other measures deemed
necessary to promote sustainable
fisheries and prevent the
overexploitation of these stocks.
International Obligations of the United
States Under the Antigua Convention
As a Party to the Antigua Convention
and a member of the IATTC, the United
States is legally bound to implement
decisions of the IATTC. The Tuna
Conventions Act (16 U.S.C. 951 et seq.)
directs the Secretary of Commerce, in
consultation with the Secretary of State
and, with respect to enforcement
measures, the U.S. Coast Guard, to
promulgate such regulations as may be
necessary to carry out the United States’
obligations under the Antigua
Convention, including
recommendations and decisions
adopted by the IATTC. The authority of
the Secretary of Commerce to
promulgate such regulations has been
delegated to NMFS.
IATTC Resolution on Tropical Tuna
Conservation
On November 30–December 4, 2020,
the IATTC met virtually for the 95th
IATTC meeting and was unable to reach
consensus on management measures for
tropical tuna in the EPO, which is
unusual. This meeting, which is
typically held in person during the
summer months, had been delayed due
to travel restrictions. The failure of the
Commission to reach consensus at its
meeting created an urgent situation
because the tropical tuna management
measures were set to expire at the end
of the 2020 calendar year, and no
measures would have been in place for
the start of the 2021 fishing season. The
IATTC ultimately adopted Resolution
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Agencies
[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Rules and Regulations]
[Pages 5022-5033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00526]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Part 67
[Docket No. USCG-2020-0215]
RIN 1625-AC26
Certificate of Documentation--5 Year Renewal Fees
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is issuing a final rule extending the validity
of a recreational vessel endorsement on a Certificate of Documentation
(COD) from 1 to 5 years. Congress passed and the President signed the
Frank LoBiondo Coast Guard Authorization Act of 2018, which requires
the Coast Guard to issue recreational vessel CODs for 5 years. By
updating the Code of Federal Regulations to reflect this change, the
Coast Guard anticipates this final rule to harmonize with the
requirements of the 2018 Act that decreased the burden on recreational
vessel owners by requiring COD renewals every 5 years rather than
annually.
DATES: This final rule is effective February 18, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0215 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Mr. Ronald Teague, Department of Homeland Security, U.S.
Coast Guard, National Vessel Documentation Center, 792 T J Jackson
Drive, Falling Waters, WV 25419; telephone 304 271-2506; email
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Background
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
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
2018 Act Frank LoBiondo Coast Guard Authorization Act of 2018 (Pub.
L. 115-282, 132 Stat. 4192)
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
COD Certificate of Documentation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NVDC U.S. Coast Guard National Vessel Documentation Center
OMB Office of Management and Budget
Sec. Section
SME Subject matter expert
U.S.C. United States Code
II. Basis and Purpose, and Regulatory History
The legal basis for this final rule is found in Section 512 of the
Frank LoBiondo Coast Guard Authorization Act of 2018 (2018 Act) (Pub.
L. 115-282, 132 Stat. 4192) (the 2018 Act), which the President signed
on December 4, 2018. The 2018 Act directed the Coast Guard to do the
following: (1) Make Certificates of Documentation (CODs) for
recreational vessels of at least five
[[Page 5023]]
net tons \1\ effective for 5 years; and (2) require owners of
recreational vessel of at least five net tons to notify the Coast Guard
of each change in the information on which the issuance of the COD is
based. Vessel owners must report each change of information that occurs
before expiration of the certificate not later than 30 days after such
change. This rulemaking is issued under authority found in Title 46 of
the United States Code (U.S.C.) 2103.
---------------------------------------------------------------------------
\1\ 46 U.S.C. 12103 provides, in pertinent part, ``Except as
otherwise provided, a certificate of documentation for a vessel may
be issued under this chapter only if the vessel is--. . .(2) at
least 5 net tons as measured under part J of this subtitle; . . .''
---------------------------------------------------------------------------
The Coast Guard finds that good cause exists under the
Administrative Procedure Act, 5 U.S.C. 553, to dispense with notice and
comment procedures. Prior notice and opportunity to comment on this
rule are unnecessary under 5 U.S.C. 553(b)(3)(B) because Section 512 of
the 2018 Act provides the Coast Guard no discretion in adopting the
specific time frames for renewal of recreational vessel CODs. The 2018
Act does not allow for alternatives. It does not permit the Coast Guard
to decide upon a different time frame for renewal, choose to adopt a
different renewal period, or respond to public comments by modifying
the substance of the rule. Soliciting public comment on the correct
time period for COD renewal for a recreational vessel, or on the
decision to update the regulations to comport with the statutory
mandate, is unnecessary and would in fact be futile.\2\ It should be
noted that the Coast Guard has already implemented the requirements of
Section 512 of the 2018 Act and is presently issuing multi-year CODs to
recreational vessels of at least 5 net tons.
---------------------------------------------------------------------------
\2\ See Metzenbaum v. Federal Energy Regulatory Commission, 675
F. 2d 1282, 1291 (D.C. Cir. 1982) (finding notice and comment
unnecessary for nondiscretionary acts where notice and comment
``might even have been contrary to the public interest, given the
expense that would have been involved in a futile gesture.'')
(internal quotation marks omitted).
---------------------------------------------------------------------------
III. Background
Section 512 of the 2018 Act directs how the Coast Guard must
administer its certificate of documentation program, and this rule
conforms sections in Title 46 of the Code of Federal Regulations (CFR)
part 67 to reflect what is now the law. As described above, the Coast
Guard finds that good cause exists to forego notice and comment
rulemaking because the statute provides the Coast Guard with no
discretion to exercise in response to comments. Accordingly, the Coast
Guard did not issue a notice of proposed rulemaking. This final rule
only amends the regulations so that they are in agreement with the
requirements already in the law.
The purpose of this final rule is to meet the Congressional mandate
contained in Section 512 of the 2018 Act, in which Congress requires
the Coast Guard to issue recreational endorsements on CODs with a
validity of 5 years. Additionally, the 2018 Act directs the Coast Guard
to establish phased user fees for 5-, 4-, 3-, 2-, and 1-year
recreational endorsements. After the phase-in period is complete, on
December 31, 2021, applicants will only be able to apply for a 5-year
recreational endorsement.
In accordance with 46 U.S.C. 12105(e)(2)(C), the cost of the user
fee will be calculated by multiplying 5 years by the recently
established $26 annual fee, for a total of $130.\3\ The 5-year fee is
consistent with statute and will ensure that the Coast Guard collects
the appropriate user fees, consistent with the cost to provide the
service. The new fee for a 5-year recreational endorsement will be in
addition to the fee collected for initial and exchanges of CODs.
---------------------------------------------------------------------------
\3\ See 79 FR 47015, 47106 (Aug. 12, 2014).
---------------------------------------------------------------------------
Lastly, this final rule repeats the requirement in the 2018 Act for
vessel owners to notify the Coast Guard of each change in the
information on which the issuance of the COD for the vessel is based,
before the expiration of the COD and no later than 30 days after the
change. The COD will terminate upon the expiration of the 30-day period
if the owner has not notified the Coast Guard of changes within the 30-
day timeframe.
IV. Discussion of the Rule
On March 3, 2015, the Coast Guard published a request for comments,
specifically seeking input on increasing the validity period for
renewing CODs, methods for doing so, and possibly updating the fee for
services (80 FR 11361). We received 2,844 comments in response to our
notice, largely in support of a multiyear registration option. However,
our request for comments was superseded by section 311 of the Coast
Guard Authorization Act of 2015 (Pub. L. 114-120), and again by the
Frank LoBiondo Coast Guard Authorization Act of 2018 (Pub. L. 115-282),
which specifically directed the Coast Guard to change the validity
period of CODs for recreational vessels to a 5-year option only, after
a 3-year phase-in period during which vessel owners could choose 1, 2,
3, 4, or 5 years.
There are no maritime safety or security reasons to change the
recreational vessel COD validity from 1 year to 5. However, Congress
determined that a change in the validity was in the best interest of
recreational vessel owners, and the Coast Guard is required to recoup
the costs of providing a service.\4\ To ensure the appropriate user
fees are collected for 5-year CODs, the Coast Guard will collect fees
consistent with the annual cost multiplied by 5, as required by section
512 of the 2018 Act.
---------------------------------------------------------------------------
\4\ 46 U.S.C. 2110.
---------------------------------------------------------------------------
Currently, 46 CFR 67.163(a) states that all endorsements on a COD,
including commercial vessel CODs, are valid for 1 year. In this final
rule, the Coast Guard is amending this section to reflect what is
already stated in the 2018 Act: That only commercial vessel CODs are
valid for one 1 year, and that recreational endorsements are valid for
5 years. Additionally, the amendment clarifies that a vessel with both
recreational and commercial endorsements must renew annually. The Coast
Guard is also amending Sec. 67.163(b) to reflect the appropriate
renewal application, as the currently listed form no longer exists.
Lastly, as the 2018 Act requires, the Coast Guard is adding paragraph
(c) to Sec. 67.163 to establish the 5-year renewal requirement and
inform recreational vessel owners that they have the option to renew
recreational endorsements for durations of 1, 2, 3, 4, or 5 years
during the phase-in period. The ability for the owner to select
validity is only in effect from January 1, 2019, to December 31, 2021.
The Coast Guard is amending Sec. 67.317 to reflect that
recreational endorsements must be renewed every 5 years. The Coast
Guard is also amending Sec. 67.319 to reflect that an owner of a
vessel that has a change of information on which the issuance of the
COD of the vessel is based must notify the Coast Guard of the change of
information within 30 days, as is required by section 512 of the 2018
Act. Furthermore, the Coast Guard is amending this section to reflect
that the vessel's COD will be terminated if the owner fails to notify
the Coast Guard within 30 days of any changes on which the issuance of
the COD is based. The Coast Guard is also amending Sec. 67.515 to
remove the word ``annual'' in describing endorsement renewals.
Finally, the Coast Guard is amending table 1 to Sec. 67.550 to
reflect the appropriate fee for a 5-year recreational endorsement, and
the fees associated with the owner choosing to have a certificate
issued or renewed for 1, 2, 3,
[[Page 5024]]
4, or 5 years from January 1, 2019, to December 31, 2021.
V. Regulatory Analyses
We developed this final rule to reflect current law, in accordance
with 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. DHS
considers this rule to be an Executive Order 13771 deregulatory action.
See the OMB Memorandum titled ``Guidance Implementing Executive Order
13771, titled `Reducing Regulation and Controlling Regulatory Costs' ''
(April 5, 2017). Details on the estimated cost savings of this final
rule can be found in the rule's regulatory analysis (RA) that follows.
Following guidance in OMB Circular A-4, we assess the impacts of
this rule against a no-action baseline as well as a pre-statutory
baseline. The no-action baseline is an assessment against what the
world would be like if the rule is not adopted. The pre-statutory
baseline is an assessment against what the world would be like if the
relevant statute had not been adopted.
This final rule will codify requirements in the 2018 Act that
established a new schedule for the renewal of CODs for owners of
recreational vessels of at least 5 net tons. Since the final rule does
not add any new requirements beyond what is already required and
implemented under the 2018 Act, under a no-action baseline, its total
impacts on costs, cost savings, and benefits is zero.
We also present impacts of the final rule based on a pre-statutory
baseline. In other words, in the analysis that follows, we present the
impacts of the 2018 Act by comparing the requirements of this rule to a
baseline prior to implementation of the 2018 Act.
Summary of Impacts (Pre-Statutory Baseline)
Prior to the 2018 Act, CODs were effective for one year. The 2018
Act, codified by this rule, creates savings due to a reduction in the
time necessary for the submission and approval of COD renewals. We
anticipate that approximately 165,309 recreational vessel owners will
be affected annually. In addition, the Government will be affected
because the number of annual renewals the Coast Guard processes will
decline. We estimate that the industry for recreational vessel owners
of vessels of at least 5 net tons will see a savings of $696,727
annualized over 10 years, and the Coast Guard will reduce spending on
administrating COD renewals by an annualized amount of approximately
$997,345. Both cost savings are in $2018, discounted at 7 percent. We
estimate the annualized cost savings to industry and the Government
combined to be approximately $1.7 million, discounted at 7 percent.
Table 1 presents a summary of the economic impacts. We provide a
detailed description of the estimates in the next section of this
analysis.
Table 1--Summary of the Economic Impact
[Pre-statutory baseline]
----------------------------------------------------------------------------------------------------------------
Affected
Description population Cost Cost savings Benefits
----------------------------------------------------------------------------------------------------------------
Require owners of recreational Estimated average The 2018 Act will The affected The restructuring of
vessels of at least 5 net tons annual not impose any industry will CODs from an annual
to renew CODs every 5 years, population over cost burden on see a 10-year renewal to a 5-year
thereby making CODs effective a 10-year period industry. annualized renewal period will
for a 5-year term instead of a of analysis of savings of reduce the industry's
1-year term. owners of $696,727. In annual time burden
recreational addition, the for submitting COD
vessels affected government will applications. In
by the 2018 Act see a 10-year addition, the
(and codified by annualized Government will
this regulation) savings of benefit due to a
is 165,309 $997,345; both reduction in the
vessels. estimates are amount of
discounted at 7 applications
percent. processed annually.
Vessel owners are currently Recreational No cost. This is There are no There are no benefits
required to update changes vessel owners clarifying a savings associated with this
that impact information impacted by the requirement to associated with provision, other than
attested to on the COD. Since 2018 Act would keep COD this provision. clarifying when
the 2018 Act requires renewal be affected by information changes to COD
every 5 years instead of the provision in current and will information must be
annually, a provision within Sec. 67.319 of not impose any addressed.
this final rule is clarifying this final rule. cost burden.
that owners need to amend any
changes to CODs within 30 days
of said changes occurring.
The fee schedule in Table 1 in The affected No cost. This No savings. This There are no benefits
Sec. 67.550 provides owners population is clarifies is clarification associated with the
with information about the those owners information only. updated table. It is
applicable fees for obtaining under 46 CFR about the fees updating the cost
the CODs for their vessels. part 67, subpart associated with schedule to account
Y. CODs. for the change to a 5-
year renewal.
----------------------------------------------------------------------------------------------------------------
The 2018 Act requires owners of recreational vessels of at least 5
net tons to renew their CODs every 5 years. Owners were to begin phase-
in starting January 1 of 2019.
Population
We estimate that there are an average of 162,647 recreational
vessels in
[[Page 5025]]
service in a given year that have a COD. The certification and
documentation of recreational vessels comes with rights as well as
responsibilities that entitle vessel owners the protection under the
U.S. flag.
There are two reasons for documenting a recreational vessel. The
first reason is voluntary, for qualified recreational vessels that are
at least 5 net tons, thereby granting them protection under the U.S.
flag. The second reason is to satisfy mortgage lender requirements.
Documenting recreational vessels occurs according to five criteria:
(1) As a result of the initial documentation of a newly produced
vessel (not documented);
(2) As a result of the initial documentation of a newly acquired
existing vessel, not previously documented;
(3) As an exchange of the vessel from one party to another;
(4) As a reinstatement or replacement of a vessel; or
(5) As a return to documentation of a vessel.
The data used to formulate the affected population is provided by
the Coast Guard's National Vessel Documentation Center (NVDC), which is
the approving authority for the issuance of CODs. The NVDC provides
CODs according to the criteria presented above. The information we
present in this analysis uses NVDC data for the affected population
over a 5-year period, from 2013 to 2017.\5\ Based on this data, we
estimate the average existing number of owners obtaining CODs in a
given year to be 162,309, of which 7,402 (or 4.6 percent) are initial
CODs. We assume this is the number of CODs that would have been renewed
annually in the absence of the 2018 Act.
---------------------------------------------------------------------------
\5\ Information pertaining to the historical data can be found
in the Appendix, under the supporting documents in the docket, where
indicated in the ADDRESSES portion of the preamble. The data for
2013 to 2017 is as follows: 171,293; 160,669; 156,552; 155,221;
167,810.
---------------------------------------------------------------------------
To estimate the number of CODs for new vessels entering into use
each year, we use the NVDC data to estimate the number of new owners
requesting initial CODs as a percent of total CODs. We base our
estimate on 4.6 percent, as this represents the average increase of
CODs (7,402 [average number of initial CODs] divided by 162,309
[average total number of CODs]).
The number of new vessels entering into use will vary slightly
every year. However, based on historical data, we can expect their
average annual rate to converge to a steady figure. Assuming this
subset (new vessel CODs) of initial CODs is, on average, consistent
with the average increase of the total COD population (4.6 percent
annually), we can then assume that, on an annual basis, 338 new vessels
owners will request CODs each year (7,402 average initial CODs
multiplied by 4.6 percent). We then add 338 to 162,309 to obtain
162,647, the average total population of CODs. We use this total
population estimate to derive the number of CODs that will not need to
renew as a result of the 2018 Act (which is codified by this
regulation). As is presented in the cost savings section below, this
annual estimate varies per year according to the five different annual
certification criteria and the 3-year phase-in period.
Cost Savings
Industry Assessment
As a result of the 2018 Act, the Coast Guard will no longer require
owners of recreational vessels to renew their CODs annually. Therefore,
the 2018 Act will not impose any cost; only cost savings will be
realized by the affected population.
As of January 1, 2019, owners have been able to select a renewal
period of multiple years, up to a limit of 5 years. This cost savings
assessment outlines the Coast Guard's anticipated industry adaptation
of moving to a 5-year renewal period.
The 2018 Act provides that vessel owners will have 3 years
(starting January 1, 2019 and ending December 31, 2021) to select a
timeframe for COD renewal that does not exceed 5 years. Hence, vessel
owners can choose any timeframe from 1 to 5 years during this 3-year
period. Beginning January 1, 2022, all recreational CODs will be
renewed with a validity period of 5 years. Therefore, in order to
formulate the best approximation of how owners will select their
renewal periods during the phase-in period, we make the assumption that
equal portions of the affected population selected a renewal period of
1 to 5 years in 2019.
Since the Coast Guard is unable to determine individual preferences
regarding how owners will choose a renewal term during the phase-in
period, our methodology anticipates cost savings throughout a 10-year
period of analysis (2019-2028).\6\ We begin by acknowledging that all
active CODs had to be renewed in 2019. Therefore, when renewing or
receiving an initial COD in 2019, all made a decision as to when they
would renew their next COD. Accordingly, for the first year of the 10-
year assessment period, 2019, no one within the affected population
received any savings.\7\ Therefore, savings begin in 2020.
---------------------------------------------------------------------------
\6\ The Coast Guard has collected 2019 data about the behavior
of owners towards selecting a new renewal period. However, the data
was too incomplete to formulate an accurate representation of the
affected population's choices in that year. In addition, because
2019 is the only year for which the Coast Guard has information,
this data does not provide enough information (statistically) to
develop a trend analysis to project actual changes in behavior.
Therefore, we have elected to proceed with analyzing this regulatory
assessment by equally dividing the affected population over a 5-year
period, resulting in 80% of the annual population not renewing their
CODs in a given year.
\7\ Further information can be found in the Appendix, under
supporting documents in the docket, where indicated in the ADDRESSES
portion of the preamble.
---------------------------------------------------------------------------
[[Page 5026]]
To conduct this assessment, we create five subcategories (divided
equally) of the affected population, and assign each category a
specific year for renewal. Any owner who selects a timeframe for
renewal greater than 2 years, or beyond 2021 (60 percent of the
affected population), will have their follow-on renewals occurring
every 5 years after their initial renewal choice. However, we assume
that those who select a timeframe of 1 or 2 years (which we refer to as
groups A and B), will not necessarily renew their CODs in 5 years.
Since groups A and B have chosen the option of renewing in 1 or 2
years, which falls within the phase-in period, they will be given
another opportunity to select a renewal period of 1 to 5 years at the
time of their renewal.\8\ Since groups A and B will, again, have the
option of selecting a renewal period of 1 to 5 years, we again
partition, within each group, equal portions of owners selecting 1 to 5
years renewal. Once an individual in group A and B selects a renewal
period that goes beyond 2021, their follow-up renewal will occur on a
5-year renewal cycle. In Table 2 we present a summary outline as to how
we estimate the number of non-renewals occurring during a 10-year
period of analysis. Further details about how we estimated the number
of renewals and avoided renewals can be found in the Appendix, under
supporting documents in the docket, where indicated in the ADDRESSES
portion of the preamble.
---------------------------------------------------------------------------
\8\ Because we are unable to determine how or why owners make
their financial decisions, we assume that groups A and B are not
inclined to make a long-term commitment (beyond year 2021) due to
projected or un-projected future financial plans. Therefore, we
assume that short-term financial decisions will direct them to
select a shorter term of 1 or 2 years. For the years following 2021,
we assume renewals will be conducted every 5 years. For this
illustrative analysis, we break down the renewals in equal annual
portions over the five-year period. However, the Coast Guard
recognizes that renewal numbers could vary over the 5-year period
for several reasons, including the possibility the owners could get
rid of their vessels prior to the renewal term.
Table 2--Summary of Potential Non-Renewing COD Population Over 10-Year Period of Analysis \9\
[Pre-statutory baseline]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Potential non-renewing population
---------------------------------------------------------------------------------------------------
Phase-in period 5-year renewal period
---------------------------------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
COD applications under the baseline (A)............. 162,647 162,647 162,647 162,647 162,647 162,647 162,647 162,647 162,647 162,647
COD applications under the 2018 Act (B)............. 162,647 32,867 39,441 47,329 47,329 47,329 14,800 8,226 47,667 47,667
Avoided COD applications (A-B)...................... 0 129,780 123,206 115,317 115,317 115,317 147,846 154,421 114,978 114,979
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Values may not add due to rounding.
The summary in Table 2 provides an approach as to how industry may
react to the changes in the renewal process. In addition, it provides
the affected population, which serves as a basis for cost savings
throughout the 10-year period of analysis.
---------------------------------------------------------------------------
\9\ An expanded population matrix appears in the appendix, which
can be found in the supporting documents in the docket, where
indicated under the ADDRESSES portion of this preamble.
---------------------------------------------------------------------------
All savings realized will be administrative, from the perspective
of vessel owners and the Government. Because the 2018 Act changed
annual renewals to a 5-year renewal period, owners will spend less time
submitting paperwork for renewing their CODs. In addition to the
savings that owners will receive, the industry as a whole will see a
reduction in paperwork (see Paperwork Reduction Act in section V. D of
the preamble to this final rule).
In order to obtain a wage rate for our calculations, to determine
the amount of savings incurred by this rulemaking, we first identify
the individual(s) who submit the renewal form (CG-1280) to the Coast
Guard. Using the 2018 wage rate data from the Bureau of Labor
Statistics (BLS) website, we obtain the employee wage that most
resembles the persons tasked with renewing CODs as Transportation
Employment, Storage and Distribution Managers (OES code 11-3071). The
mean hourly wage rate associated with this profession, as reported by
BLS, is $49.45 per hour.\10\ In order to account for employee benefits,
we apply a load factor to the mean hourly wage rate. We calculate the
load factor from BLS's Employer Cost for Employee Compensation survey
and apply it to the mean hourly wage rate to obtain a fully loaded wage
rate, which more accurately represents the employers' cost per hour for
employees' work.\11\ The load factor we used for this economic
assessment is 1.52.\12\ The loaded mean hourly wage rate we used to
assess the savings estimates is calculated at $75.16 ($49.45 multiplied
by 1.52).
---------------------------------------------------------------------------
\10\ Information about the wage rates for Transportation,
Storage and Distribution Managers (11-3071) can be found at https://www.bls.gov/oes/2018/may/oes113071.htm.
\11\ A loaded wage rate is what a company pays per hour to
employ a person, not the hourly wage the employee receives. The
loaded wage rate includes the cost of benefits (health insurance,
vacation, etc.).
\12\ From the BLS, Employer Cost for Employee Compensation
survey. The load factor for wages is calculated by dividing total
compensation by wages and salaries. For this report, we used the
Transportation and Materials Moving Occupations, Private Industry
report (Series IDs, CMU2010000520000D and CMU2020000520000D for
Total Compensation and Wages and Salaries, respectively, not
seasonally adjusted) for all workers using the multi-screen data
search. Using 2018 4th quarter data, we divide $29.53/$19.42 to
obtain a load factor of 1.52. See https://data.bls.gov/cgi-bin/dsrv?cm.
---------------------------------------------------------------------------
From the Supporting Statement for Vessels Documentation collection
of information (OMB Control No. 1625-0027), we obtain the amount of
time (or time burden) necessary for filling out the renewal
documentation as 5 minutes. Applicants may submit the renewal form CG
1280 through regular postal service or through the internet. For the
proportion of those submitting form CG-1280 through the internet,
annual renewal is about 28 percent \13\ of the affected population,
while the remaining 72 percent continue utilizing the postal service
for their submissions. We estimate that the cost of submitting a
renewal form via postal service is 0.55 cents (the cost of a first-
class postage stamp), while those who submit the form through the
internet incur no additional mailing costs. There are no associated
savings with submitting the form online, as we assume that for those
choosing that method, internet service is an established part of
business operations.
---------------------------------------------------------------------------
\13\ The NVDC provided their assessment on renewal submissions
that will be received via internet.
[[Page 5027]]
Table 3--Summary of Values Used To Formulate Savings
[Pre-statutory baseline]
------------------------------------------------------------------------
Burden hours HR equivalent
------------------------------------------------------------------------
From collection of information. 5 Min.................. 0.08
YR-2018........................ Hourly Wage............ $49.45
Load Rate.............. 1.52
Total Wage Rate........ $75.16
Submission Cost........ ** $0.55
Percent of Submission.. 100%
Letter Carrier......... 72%
Via Internet........... 28%
------------------------------------------------------------------------
** This cost is only associated with submission of the renewal
documentation via letter carrier.
We estimate the savings of this 10-year assessment by combining the
information found in Tables 2 and 3. From Table 2, we anticipate how
industry will react to changes in the certification renewal process.
Therefore, the calculations for determining savings are as follows:
Since the number of affected population throughout the 10-year
assessment is not uniform, we utilize a sample year to explain how we
obtain savings. From table 2, we use the year 2024 as an example. We
estimate the number of the affected population for 2024 not renewing
their CODs to be about 115,317. The amount of cost savings associated
with not having to fill out the request for certification, per person,
is estimated at $6.01 ($75.16 loaded wage rate multiplied by 0.08 time
burden associated with filling out documentation). Multiplying the
affected population in 2024 by the potential savings of $6.01 due to
the reduction in time burden results in administrative savings for that
year of $693,061. We then account for the cost of submitting the
application, at $0.55 for 72 percent of the population in that year,
adding an additional cost savings of about $45,666 (72 percent of
115,317 [the affected population in 2024] equals 83,029 multiplied by
$0.55 [the cost of a first-class stamp]). The resulting total cost
savings for year 2024 is approximately $738,723 (non-discounted). Table
4 provides a 10-year summary of cost savings that industry will
realize.
Table 4--Summary of 10-Year Assessment of Industry Cost Savings, in $2018
[Pre-statutory baseline]
----------------------------------------------------------------------------------------------------------------
Cost savings non- Cost savings Cost savings
Year discounted discounted 3% discounted 7%
----------------------------------------------------------------------------------------------------------------
2019.......................................................... No savings in first year
-------------------------------------------------
2020.......................................................... $831,371 $783,647 $726,151
2021.......................................................... 789,251 722,277 644,264
2022.......................................................... 738,721 656,344 563,566
2023.......................................................... 738,723 637,229 526,700
2024.......................................................... 738,723 618,669 492,243
2025.......................................................... 947,104 770,082 589,809
2026.......................................................... 989,211 780,892 575,730
2027.......................................................... 736,549 564,504 400,634
2028.......................................................... 736,558 548,069 374,429
-------------------------------------------------
Total..................................................... 7,246,212 6,081,712 4,893,526
----------------------------------------------------------------------------------------------------------------
Annualized................................................ ................ 712,962 696,727
----------------------------------------------------------------------------------------------------------------
Note: Values may not add due to rounding.
Summarizing Table 4, we note that industry will not incur any cost
savings during the first year of our assessment, since the entire
affected population had to renew in 2019 and, in that year, make a
determination regarding their next renewal date.\14\ However, after the
first year, industry will begin to realize savings due to the extended
renewal period provided by the 2018 Act. We estimate that the total 10-
year savings is $4.9 million, and the annualized savings is $0.697
million, both discounted at 7 percent.
---------------------------------------------------------------------------
\14\ In 2019, all CODs were still affected by pre-mandated
regulations, which means all CODs were renewed. For more information
on the distribution of the population, please see the Appendix in
the docket.
---------------------------------------------------------------------------
Government Assessment
The 2018 Act also affects the Federal government by reducing the
amount of renewal applications it will process in a given year. The
anticipated reduction in the administration of renewal applications is
correlated to the anticipated reduction in the number of the affected
population renewing their CODs in a given year. The Government's
reduction in approved certification will follow the data found in Table
2.
The COD approval is a two-phase process, in which the Government
initiates, as a courtesy, the renewal process, and then, in the
processing phase, issues the CODs to vessel owners. The first phase,
initiating a request for vessel owners to renew their annual CODs, is
accomplished by sending CG-1280 Vessel Renewal Notification Application
for Renewal mailers to vessel owners approximately 45 days prior to the
expiration date of their current CODs. The first step of this phase is
to determine who is eligible for renewal and to remind current COD
holders that their COD is expiring
[[Page 5028]]
within 45 days. Once that is accomplished, all material relating to
renewal notices, to include metered mail, is processed and sent to
vessel owners. In the second step, the Government receives the
application packet from owners, which is reviewed and approved prior to
issuance of the COD.
The Government employees assigned the duties of initiating renewal
notices are classified as GS-5 and GS-7-employees. Subject matter
experts (SMEs) estimate the individual cost of sending a renewal notice
at approximately $3.05.\15\ To estimate the annual reduction in cost to
the Government, we multiply the individual cost of annual notifications
by the number of vessel owners not submitting annual renewals in a
given year. Table 5 shows the estimated cost savings, per year, that
the Government will realize from a reduction in the annual number of
notifications sent out to owners of recreational vessels.
---------------------------------------------------------------------------
\15\ The NVDC provided the information pertaining to government
expenditure from a draft study they commissioned through an
independent third party. At the time of publishing this assessment,
the document has not been made available to the public.
Table 5--Estimated Government Savings for Initiating COD Renewals in
$2018
[Pre-statutory baseline]
------------------------------------------------------------------------
Estimated Government
Year reduction in savings non-
applications discounted
------------------------------------------------------------------------
2019.................................. 0 0
2020.................................. 129,780 $395,829
2021.................................. 123,205 375,775
2022.................................. 115,317 351,717
2023.................................. 115,317 351,718
2024.................................. 115,317 351,718
2025.................................. 147,846 450,932
2026.................................. 154,419 470,979
2027.................................. 114,978 350,683
2028.................................. 114,979 350,687
---------------------------------
Total............................... .............. 3,450,039
------------------------------------------------------------------------
Note: Values may not add due to rounding.
The second phase of the process involves the Government receiving
the renewal applications from vessel owners, processing those
applications, and then issuing the CODs. The Government employees
responsible for reviewing the applications and granting CODs are also
classified as GS-5 and GS-7 employees. According to data provided by
the SME, it takes a GS-5 9 minutes to process a renewal application, at
a cost of $5.40 per renewal.\16\ Additionally, it takes a GS-7
approximately 1 minute to approve a COD, at a cost of $0.72 per renewal
request.\17\ The individual cost of finalizing the renewal process, to
include mailing the certificates, is estimated at $6.12 per
renewal.\18\ The savings that the Government will realize from
approving and issuing CODs will be the number of owners not submitting
COD renewals in a given year. Table 6 shows the estimated savings,
annually, that the Government will realize from a reduction in
processing renewal applications.
---------------------------------------------------------------------------
\16\ The NVDC provided the information pertaining to government
expenditure from a draft study they commissioned from an independent
third party. At the time of publishing this assessment, the document
has not been made available to the public.
\17\ Ibid.
\18\ The estimated cost was obtained by combining the
administrative cost of a Clerk 1, $5.40 ($.60 wage per minute
multiplied by 9 minutes of administrative time), and a Clerk 2, $.72
($.72 wage rate per minute multiplied by 1 minute of administrative
time). Total administrative cost burden is $6.12 ($5.40 plus $.72)
per applicant.
Table 6--Estimated Government Saving for Processing and Granting COD
Renewals in $2018
[Pre-statutory baseline]
------------------------------------------------------------------------
Estimated
reduction in Cost savings non-
Year applications discounted
received
------------------------------------------------------------------------
2019.................................. 0 0
2020.................................. 129,780 $794,254
2021.................................. 123,205 754,015
2022.................................. 115,317 705,740
2023.................................. 115,317 705,743
2024.................................. 115,317 705,743
2025.................................. 147,846 904,820
2026.................................. 154,419 945,047
2027.................................. 114,978 703,665
2028.................................. 114,979 703,674
---------------------------------
Total............................... .............. 6,922,700
------------------------------------------------------------------------
Note: Values may not add due to rounding.
We estimate the 10-year combined (initial phase and processing
phase) cost savings that the Government will realize at $10,372,739
(non-discounted). We estimate the total discounted cost savings at
$7,004,938, and annualized cost savings of $997,345, both discounted at
7 percent. Table 7 shows the total estimated Government cost savings
over the 10-year period of analysis.
Table 7--Estimated Total Government Cost Saving, in $2018
[Pre-statutory baseline]
----------------------------------------------------------------------------------------------------------------
Non-discounted
Year cost savings 3% 7%
----------------------------------------------------------------------------------------------------------------
2019.......................................................... No savings first year
-------------------------------------------------
2020.......................................................... $1,190,083 $1,121,766 $1,039,464
2021.......................................................... 1,129,790 1,033,917 922,245
2022.......................................................... 1,057,457 939,536 806,729
2023.......................................................... 1,057,461 912,175 753,955
2024.......................................................... 1,057,461 885,606 704,631
2025.......................................................... 1,355,752 1,102,350 844,294
2026.......................................................... 1,416,026 1,117,824 824,140
2027.......................................................... 1,054,348 808,070 573,496
2028.......................................................... 1,054,361 784,543.93 535,984
-------------------------------------------------
Total..................................................... 10,372,739 8,705,792 7,004,938
----------------------------------------------------------------------------------------------------------------
Annualized................................................ ................ 1,020,584 997,345
----------------------------------------------------------------------------------------------------------------
Note: Values may not add due to rounding.
[[Page 5029]]
The total 10-year combined (industry and Government) cost savings
is estimated at $17,618,951, non-discounted, with an annualized savings
of $1,694,073, discounted at 7 percent. Table 8 provides the total
annual estimated cost savings that the Act will provide to the affected
stakeholders.
Table 8--Total Cost Savings in $2018
[Pre-statutory baseline]
----------------------------------------------------------------------------------------------------------------
Vessel owners
Year not submitting Cost savings 3% 7%
renewals
----------------------------------------------------------------------------------------------------------------
2019............................................ No savings in first year
---------------------------------------------------------------
2020............................................ 129,780 $2,021,453 $1,905,414 $1,765,616
2021............................................ 123,205 1,919,041 1,756,194 1,566,509
2022............................................ 115,317 1,796,178 1,595,881 1,370,295
2023............................................ 115,317 1,796,184 1,549,404 1,280,655
2024............................................ 115,317 1,796,184 1,504,276 1,196,874
2025............................................ 147,846 2,302,856 1,872,433 1,434,103
2026............................................ 154,419 2,405,237 1,898,716 1,399,870
2027............................................ 114,978 1,790,897 1,372,574 974,129
2028............................................ 114,979 1,790,920 1,332,612 910,413
---------------------------------------------------------------
Total....................................... .............. 17,618,951 14,787,504 11,898,463
----------------------------------------------------------------------------------------------------------------
Annualized.................................. .............. .............. 1,733,546 1,694,073
----------------------------------------------------------------------------------------------------------------
Note: Values may not add due to rounding.
In addition to estimating the normal savings for this rule, we use
the perpetual period of analysis for observing the long-term affect
this assessment will have on the affected population. Therefore, we
estimate the total annualized cost savings of the 2018 Act at $1.49
million in 2016 dollars, using a 7-percent discount rate.
Final Rule Regulatory Impacts
As previously stated, under a no-action baseline, this final rule
produces no impact on the regulated industry. The rule is merely
harmonizing current practices implemented by the 2018 Authorization Act
with 46 CFR part 67. The impacts presented above are measured against a
pre-statutory baseline and represent the result of the 2018 Act, which
this rule codifies.
Alternatives
The Coast Guard did not examine any alternatives for this final
rule as this rule is mandated by Congress under the Coast Guard
Authorization Act of 2018. The 2018 Act requires that Coast Guard issue
recreational Certificates of Documentation with a validity of 5 years,
thereby reducing the amount of annual reporting burden vessel owners
incur each year. The Coast Guard is promulgating this rule to comply
with statute and may not adopt a different renewal period or pursue any
other alternatives.
B. Small Entities
The term ``small entities'' comprises small businesses, not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. This rule is not preceded by a notice
of proposed rulemaking and is, therefore, 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, Public Law 104-121, we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person in the FOR FURTHER INFORMATION
CONTACT section of this rule. 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 final rule codifies the 2018 Act, which results in a change to
an existing collection of information under the Paperwork Reduction Act
of 1995, 44 U.S.C. 3501-3520. As defined in 5 CFR 1320.3(c),
``collection of information'' comprises reporting, recordkeeping,
monitoring, posting, labeling, and other similar actions. The title and
description of the information collections, a description of those who
must collect the information, and an estimate of the total annual
burden follow. The estimate covers the time for reviewing instructions,
searching existing sources of data, gathering and maintaining the data
needed, and completing and reviewing the collection.
Title: Vessel Documentation.
OMB Control Number: 1625-0027.
Summary of the Collection of Information: This final rule, by
harmonizing with the 2018 Act, modifies the existing Certification of
Documentation (COD) reporting and recordkeeping requirements in Sec.
67.163(c), which will amend current reporting. The current regulation
requires owners of recreational vessels of at least 5 net tons to renew
their CODs annually. This final rule will codify current industry
practice as of January 1, 2019 and will require
[[Page 5030]]
recreational vessel owners to convert from an annual renewal period to
a 5-year renewal period.
Need for Information: The information is being collected for two
reasons: (1) The documenting of a U.S. vessel comes with rights as well
as responsibilities, which entitle the vessel owners protection under
the U.S. flag; (2) vessel documentation is a requirement in satisfying
mortgage lender requirements.
Proposed Use of Information: The collection of this information is
maintained by the Coast Guard as a matter of record for identifying
vessels that will be entitled to protection under U.S. flag. In
addition, the certification of a vessel is an obligation to be
performed by the vessel owners as part of a financial agreement they
have entered into with a mortgage company.
Description of the Respondents: The respondents are the owners of
recreational vessels of at least 5 net tons that choose to document
their vessels or are required to document their vessels due to
financial obligations, which a financial institution may require when a
borrower takes out a loan for the purchase of a vessel.
Number of Respondents: The total number of respondents affected is
estimated at 162,309, plus an estimated average of 338 new vessels
obtaining CODs each year.
Frequency of Response: The final rule codifies the 2018 Act that
converts the annual renewal of CODs to a 5-year renewal, reducing the
frequency of responses in any given year. From January 1, 2019 to
December 31, 2021, owners are allowed to choose their 1 to 5-year
renewal period. As of January 1, 2022, owners will only be allowed to
apply for 5-year CODs. However, during the first year (2019), 100
percent (162,647) of the affected population sought COD renewals for
their vessels. From 2020 on, we take the anticipated annual 9-year
average to estimate the potential reduction in frequency of responses
required from this information collection request. Hence, we estimate
the average number of responses annually will be reduced from 189,614
to 63,930.
Burden of Response: This final rule codifies the 2018 Act and, as a
result, will reduce the burden of renewing annual CODs to a 5-year
renewal period. Therefore, reduction in time for submitting renewal
application forms will decrease by approximately 10,061 hours.
Estimate of Total Annual Burden: The annual reduction in burden is
estimated as follows:
(a) Annual reduction in burden resulting from converting annual
reporting requirement for recreational vessel of at least 5 net tons to
a 5-year renewal period: The final rule codifies the 2018 Act that will
reduce the number of CODs requested and approved annually. We estimate
that it takes 5 min (0.08 equivalent hours) to send in a vessel
documentation renewal. We estimate the total average annual burden or
hour reduction for those vessel owners who will not be required to
renew their documentation to be 10,054 hours (125,684 * 0.08 hours).
(b) The total reduction in annual burden hours due to the
conversion from an annual renewal to a 5-year renewal period: This
final rule will result in an estimated average annual reduction in
total burden hours in the collection of information from 11,373 to
1,319.
As required by 44 U.S.C. 3507(d), we will submit a copy of this
final rule to OMB for its review of the collection of information. You
are not required to respond to a collection of information unless it
displays a currently valid OMB control number.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis follows.
As explained in Sections II and III above, this rulemaking is
needed to conform the regulations to the existing law as amended by the
2018 Act. The 2018 Act requires the Coast Guard to issue CODs for
recreational vessels with a period of validity of 5 years, following a
phase-in period. The 2018 Act prescribes how the cost of the renewal of
such a recreational endorsement must be calculated in both the phase-in
period and thereafter. It also requires vessel owners to notify the
Coast Guard of each change in the information on which the issuance of
the COD for the vessel is based, before the expiration of the COD and
no later than 30 days after the change. The 2018 Act also requires that
a COD will terminate upon the expiration of the 30-day period if the
owner has not notified the Coast Guard of changes within the 30-day
timeframe.
Documentation under chapter 121 of title 46, United States Code,
including under 46 U.S.C. 12105 as amended by the 2018 Act (see
amendments described in the preceding paragraph), is the means by which
the Federal government allows a vessel to operate in certain trades,
establishes vessel nationality, and enables a vessel to be subject to
preferred mortgages. It is well settled that States may not regulate in
categories reserved by Congress for regulation by the Coast Guard. It
also is well settled that all the categories regulated under 46 U.S.C.
2103, 3103, 3306, 3703, 4102, 4502, 7101, and 8101 (design,
construction, alteration, repair, maintenance, operation, equipping,
personnel qualification, and manning of vessels), as well as any other
category in which Congress intended the Coast Guard to be the sole
source of a vessel's obligations, are within the field foreclosed from
regulation by the States. See the Supreme Court's decision in United
States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135
(2000). This rule implements changes made by Congress to the
comprehensive federal vessel documentation requirements of 46 U.S.C.
ch. 121, over which Congress clearly has granted the Coast Guard, via
delegation from the Secretary, exclusive authority. Therefore, because
the States may not regulate within this category, this rule is
consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations. The Coast Guard values the input of State and local
governments in such matters.
F. Unfunded Mandates
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. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have
[[Page 5031]]
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 will 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 will not have a substantial direct effect 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.
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, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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. For instructions on
locating the docket, see the ADDRESSES section of this preamble. This
rule is categorically excluded under paragraph L57 of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev 1. Paragraph L56
pertains to documentation of vessels. This rule involves extending the
validity of a recreational vessel endorsement on a Certificate of
Documentation.
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 continues 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.
0
2. Amend Sec. 67.163 by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising paragraph (b); and
0
c. Adding paragraph (c).
The revisions and addition read as follows:
Sec. 67.163 Renewal of endorsement.
(a) Requirement for renewal of endorsement. Endorsements on
Certificates of Documentation are valid for 1 year, except for
Recreational Endorsements on Certificates of Documentation, which are
valid for 5 years. However, a Certificate of Documentation with a
Recreational Endorsement and a Commercial Endorsement will only be
valid for 1 year. Prior to the expiration of an endorsement, the owner
of a vessel, which is not exempt from the requirement for documentation
under paragraph (c) of Sec. 67.9, must apply for renewal of the
endorsement(s) by complying with paragraph (b) of this section. The
owner of a vessel exempt from the requirement for documentation under
paragraph (c) of Sec. 67.9 must either:
* * * * *
(b) Renewal application. The owner of a vessel must apply for
renewal of each endorsement by executing an original Vessel Renewal
Notification, Application for Renewal (CG-1280) certifying that the
information contained in the Certificate of Documentation and any
endorsement(s) thereon remains accurate, and that the Certificate has
not been lost, mutilated, or wrongfully withheld. The completed CG-1280
must be sent to the Director, National Vessel Documentation Center.
(c) Requirement for renewal of recreational endorsements. A
certificate of documentation for a recreational vessel and the renewal
of such a certificate shall be effective for a 5-year period. During
the period beginning January 1, 2019, and ending December 31, 2021, the
owner of a recreational vessel may choose a period of effectiveness of
1, 2, 3, 4, or 5 years for such a certificate of documentation for such
vessel or the renewal thereof.
Sec. 67.317 [Amended]
0
3. In Sec. 67.317 amend paragraph (a) by adding, after the
introductory phrase, ``Except as provided in paragraph (b) of this
section,'' the text ``and except for recreational endorsements, which
must be renewed every 5 years,''.
0
4. Revise Sec. 67.319 to read as follows:
Sec. 67.319 Requirement to report change in vessel status and
surrender Certificate of Documentation.
(a) The owner of a vessel must notify the Coast Guard of each
change in the information on which the issuance of the Certificate of
Documentation for the vessel is based that occurs before the expiration
of the certificate under this subsection, by no later than 30 days
after such change.
(b) The Certificate of Documentation for a vessel is terminated
upon the expiration of the 30-day period if the owner has not notified
the Coast Guard of such change before the end of the period.
Sec. 67.515 [Amended]
0
5. In Sec. 67.515, remove the word ``annual''.
0
6. Revise Sec. 67.550 to read as follows:
[[Page 5032]]
Sec. 67.550 Fee table.
The fees charged under subpart Y are as set forth in Table 1 to
67.550.
Table 1 to 67.550--Fees
------------------------------------------------------------------------
Activity Reference Fee
------------------------------------------------------------------------
Applications:
Initial Certificate of Subpart K............... $133.00
Documentation.
Exchange of Certificate of ......do................ 84.00
Documentation.
Return of vessel to ......do................ 84.00
documentation.
Replacement of lost or ......do................ 50.00
mutilated Certificate of
Documentation.
Approval of exchange of ......do................ 24.00
Certificate of
Documentation requiring
mortgagee consent.
Trade endorsement(s):
Coastwise endorsement. Subpart B............... 29.00
Coastwise Boaters 46 CFR part 68.......... 29.00
endorsement.
Fishery endorsement... ......do................ 12.00
Registry endorsement.. ......do................ none
Recreational ......do................ ..............
endorsement.
Recreational vessel ........................ 130.00
endorsements (5-year).
Through December 31, ........................ ..............
2021:.
4-year ........................ 104.00
recreational
vessel
endorsement.
3-year ........................ 78.00
recreational
vessel
endorsement.
2-year ........................ 52.00
recreational
vessel
endorsement.
1-year ........................ 26.00
recreational
vessel
endorsement.
------------------------------------------------------------------------
Note 1: When multiple trade endorsements are requested on the same
application, the single highest applicable endorsement fee will be
charged, resulting in a maximum endorsement fee of $29.00. This does
not apply to recreational endorsements.
------------------------------------------------------------------------
Evidence of deletion from Subpart L............... 15.00
documentation.
Renewal fee............... ......do................ 26.00
Commercial vessel ......do................ 26.00
endorsements (annual).
Recreational vessel ........................ 130.00
endorsements (5-year).
Through December 31,
2021:
4-year ........................ 104.00
recreational
vessel
endorsement.
3-year ........................ 78.00
recreational
vessel
endorsement.
2-year ........................ 52.00
recreational
vessel
endorsement.
1-year ........................ 26.00
recreational
vessel
endorsement.
Late renewal fee.......... ......do................ \1\ 5.00
Waivers:
Original build evidence... Subpart F............... 15.00
Bill of sale eligible for Subpart E............... 15.00
filing and recording.
Miscellaneous applications:
Wrecked vessel Subpart J............... 555.00
determination.
New vessel determination.. Subpart M............... 166.00
Rebuild determination-- ......do................ 450.00
preliminary or final.
Filing and recording:
Bills of sale and Subpart P............... \2\ 8.00
instruments in nature of
bills of sale.
Mortgages and related Subpart Q............... \2\ 4.00
instruments.
Notice of claim of lien Subpart R............... \2\ 8.00
and related instruments.
Certificate of compliance:
Certificate of compliance. 46 CFR part 68.......... 55.00
Miscellaneous:
Abstract of Title......... Subpart T............... 25.00
Certificate of ownership.. ......do................ 125.00
Attachment for each ......do................ 10.00
additional vessel
with same ownership
and encumbrance data.
Copy of instrument or (\3\)................... (\3\)
document.
------------------------------------------------------------------------
\1\ Late renewal fee is in addition to the cost of the endorsement
sought.
\2\ Per page.
\3\ Fees will be calculated in accordance with 6 CFR part 5, subpart A.
Dated: January 8, 2021.
R.V. Timme,
Rear Admiral, U.S. Coast Guard,Assistant Commandant for Prevention
Policy.
[FR Doc. 2021-00526 Filed 1-15-21; 8:45 am]
BILLING CODE 9110-04-P