82_FR_44039 82 FR 43858 - Vessel Documentation Regulations-Technical Amendments

82 FR 43858 - Vessel Documentation Regulations-Technical Amendments

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 181 (September 20, 2017)

Page Range43858-43864
FR Document2017-20023

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

Federal Register, Volume 82 Issue 181 (Wednesday, September 20, 2017)
[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43858-43864]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20023]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 67

[USCG-2016-0531]


Vessel Documentation Regulations--Technical Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

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

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

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

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Basis, Purpose, and Good Cause Exception to Notice and Comment 
Requirements
III. Petition for Rulemaking
IV. Discussion of the Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

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

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

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

III. Petition for Rulemaking

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

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

IV. Discussion of the Rule

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

[[Page 43859]]

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

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

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

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

[[Page 43860]]

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

[[Page 43861]]

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

[[Page 43862]]

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

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

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

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. Executive Order 13771 (``Reducing Regulation and 
Controlling Regulatory Costs'') directs agencies to reduce regulation 
and control regulatory costs and provides that ``for every one new 
regulation issued, at least two prior regulations be identified for 
elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a significant regulatory action under section 3(f) of Executive 
Order 12866. Accordingly, OMB has not reviewed it. As this rule is not 
a significant regulatory action, this rule is exempt from the 
requirements of Executive Order 13771. See OMB's Memorandum ``Guidance 
Implementing Executive Order 13771, Titled `Reducing Regulation and 
Controlling Regulatory Costs''' (April 5, 2017). This rule involves 
non-substantive changes and internal agency practices and procedures; 
it will not impose any additional costs on the public. The benefit of 
the non-substantive changes is increased clarity of regulations.

B. Small Entities

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

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule so that they can better evaluate 
its effects on them. The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This rule calls for no new or modified collection of information 
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.

E. Federalism

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

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538, 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

[[Page 43863]]

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988 (``Civil Justice Reform''), to minimize 
litigation, eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045 
(``Protection of Children from Environmental Health Risks and Safety 
Risks''). This rule is not an economically significant rule and would 
not create an environmental risk to health or risk to safety that might 
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175 (``Consultation and Coordination with Indian Tribal 
Governments''), because it does not have substantial direct effects on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211 (``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use''). We have determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' under Executive Order 12866 and is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. The Administrator of OMB's Office of 
Information and Regulatory Affairs has not designated it as a 
significant energy action.

L. Technical Standards

    The National Technology Transfer and Advancement Act, codified as a 
note to 15 U.S.C. 272, directs agencies to use voluntary consensus 
standards in their regulatory activities unless the agency provides 
Congress, through OMB, with an explanation of why using these standards 
would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., 
specifications of materials, performance, design, or operation; test 
methods; sampling procedures; and related management systems practices) 
that are developed or adopted by voluntary consensus standards bodies. 
This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD 
(COMDTINST M16475.1D), which guide the Coast Guard in complying with 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), 
and have made a determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
This rule is categorically excluded under Chapter 2, Section B, 
Paragraph 2 (Categorical Exclusions), and Figure 2-1 (Coast Guard 
Categorical Exclusions), paragraph (34)(a) and (34)(d) of the 
Instruction.
    This final rule involves technical amendments to the Coast Guard's 
vessel documentation regulations. Certificates of Documentation allow 
the operation of vessels in certain trades, provide evidence of vessel 
nationality, and permit vessels to be subject to preferred mortgages. 
The technical amendments presented in this rulemaking entail editorial 
or procedural changes that: (1) Align Coast Guard regulations with 
current vessel documentation statutes; (2) correct non-substantive 
typographical errors; and (3) harmonize procedural requirements with 
current Coast Guard practice. These amendments collectively promote the 
Coast Guard's maritime safety, security, and environmental protection 
missions by rendering the Coast Guard's vessel documentation system 
more effective.

List of Subjects in 46 CFR Part 67

    Reporting and recordkeeping requirements, Vessels.

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

PART 67--DOCUMENTATION OF VESSELS

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

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


Sec.  67.3  [Amended]

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


Sec.  67.11  [Amended]

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


Sec.  67.13  [Amended]

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


Sec.  67.14  [Amended]

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


Sec.  67.17  [Amended]

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


Sec.  67.19  [Amended]

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

[[Page 43864]]

Sec.  67.21  [Amended]

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


Sec.  67.30  [Amended]

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


Sec.  67.47   [Amended]

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


Sec.  67.63  [Amended]

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


Sec.  67.133  [Amended]

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


Sec.  67.141  [Amended]

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


Sec.  67.151  [Amended]

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


Sec.  67.161  [Amended]

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


Sec.  67.163  [Amended]

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


Sec.  67.165  [Amended]

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


Sec.  67.167  [Amended]

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


Sec.  67.203  [Amended]

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

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


Sec.  67.311  Alteration of Certificate of Documentation.

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

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



                                              43858        Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations

                                                (1) Attachment B (‘‘Supplemental                      email Ms. Andrea Heck, National Vessel                notice and comment procedures are
                                              RACM/RACT Analysis for the NOX                          Documentation Center, U.S. Coast                      unnecessary under 5 U.S.C. 553(b)(B), as
                                              RECLAIM Program (May 2017)’’),                          Guard; telephone 304–271–2461, email                  this rule consists only of technical and
                                              excluding Appendices A and B.                           Andrea.M.Heck@uscg.mil.                               editorial corrections, organizational, and
                                                (2) Attachment C (‘‘Negative                          SUPPLEMENTARY INFORMATION:                            conforming amendments, and that these
                                              Declaration for Control Techniques                                                                            changes will have no substantive effect
                                              Guidelines of Surface Coating                           Table of Contents for Preamble                        on the public. Under 5 U.S.C. 553(d)(3),
                                              Operations at Shipbuilding and Repair                                                                         the Coast Guard finds that, for the same
                                              Facilities, and Paper, Film and Foil                    I. Abbreviations
                                                                                                      II. Basis, Purpose, and Good Cause Exception
                                                                                                                                                            reasons, good cause exists for making
                                              Coatings (May 2017)’’).                                       to Notice and Comment Requirements              this final rule effective upon publication
                                              ■ 3. Section 52.222 is amended by                       III. Petition for Rulemaking                          in the Federal Register.
                                              adding paragraph (a)(13) to read as                     IV. Discussion of the Rule                            III. Petition for Rulemaking
                                              follows:                                                V. Regulatory Analyses
                                                                                                         A. Regulatory Planning and Review                     On October 18, 2013, the Maritime
                                              § 52.222    Negative declarations.                         B. Small Entities                                  Law Association, a private group
                                                 (a) * * *                                               C. Assistance for Small Entities                   consisting primarily of maritime
                                                 (13) South Coast Air Quality                            D. Collection of Information                       lawyers, petitioned the Coast Guard to
                                              Management District.                                       E. Federalism                                      open a rulemaking to make numerous
                                                 (i) Negative declarations for the 2008                  F. Unfunded Mandates Reform Act
                                                                                                                                                            changes to our vessel documentation
                                              ozone standard: Control Techniques                         G. Taking of Private Property
                                                                                                         H. Civil Justice Reform                            regulations.1 The Coast Guard granted
                                              Guidelines for Shipbuilding and Ship                                                                          the petition on November 6, 2013, and
                                                                                                         I. Protection of Children
                                              Repair Operations (Surface Coating)                        J. Indian Tribal Governments                       shortly thereafter, began working with
                                              including (published on August 27,                         K. Energy Effects                                  members of the Maritime Law
                                              1996) and EPA 453/R–94–032                                 L. Technical Standards                             Association to identify specifically what
                                              Alternative Control Techniques                             M. Environment                                     changes should be made. Many of the
                                              Document: Surface Coating Operations                                                                          changes the group requested involve
                                              at Shipbuilding and Ship Repair                         I. Abbreviations
                                                                                                                                                            significant substantive changes that may
                                              Facilities; paper coating portion of EPA                CFR Code of Federal Regulations                       be the subject of future regulatory
                                              453/R–07–003 Control Techniques                         COD Certificate of Documentation                      action. However, part of the review
                                              Guidelines for Paper, Film, and Foil                    NVDC National Vessel Documentation                    process also revealed several instances
                                              Coatings.                                                 Center                                              where the Coast Guard could currently
                                                 (ii) [Reserved]                                      OMB Office of Management and Budget                   make non-substantive technical
                                              *       *    *     *    *                               Pub. L. Public Law                                    corrections.
                                              [FR Doc. 2017–19693 Filed 9–19–17; 8:45 am]             § Section
                                              BILLING CODE 6560–50–P
                                                                                                      U.S.C. United States Code                             IV. Discussion of the Rule
                                                                                                      II. Basis, Purpose, and Good Cause                       ‘‘Vessel documentation’’ refers to the
                                                                                                      Exception to Notice and Comment                       system under which a vessel receives a
                                              DEPARTMENT OF HOMELAND                                  Requirements                                          Government certificate of
                                              SECURITY                                                                                                      documentation (COD). This certificate is
                                                                                                         The legal basis of this rulemaking is
                                                                                                                                                            required for the operation of a vessel of
                                              Coast Guard                                             provided by Title 46 of United States
                                                                                                                                                            at least 5 net tons in certain trades
                                                                                                      Code (U.S.C.), section 2103. Section
                                                                                                                                                            including: (1) Fisheries on the navigable
                                              46 CFR Part 67                                          2103 gives the Secretary of the
                                                                                                                                                            waters of the United States or its
                                                                                                      department in which the Coast Guard is
                                              [USCG–2016–0531]                                                                                              Exclusive Economic Zone; (2) foreign
                                                                                                      operating regulatory authority to carry
                                                                                                                                                            trade or trade with U.S. overseas
                                                                                                      out the provisions of Title 46, subtitle II
                                              Vessel Documentation Regulations—                                                                             territories; and (3) coastwise trade (trade
                                                                                                      (Vessels and Seamen) of the U.S.C., in
                                              Technical Amendments                                                                                          between U.S. ports without leaving U.S.
                                                                                                      which vessel documentation statutes are
                                                                                                                                                            territorial waters) as described in 46
                                              AGENCY:     Coast Guard, DHS.                           located. The Secretary’s authority is
                                                                                                                                                            U.S.C. 12102 and 46 U.S.C. chapter 121,
                                              ACTION:    Final rule.                                  delegated to the Coast Guard by
                                                                                                                                                            subchapter II. The COD is also a
                                                                                                      Department of Homeland Security
                                              SUMMARY:    The Coast Guard is making                                                                         required element, in 46 U.S.C. 31322, to
                                                                                                      Delegation No. 0170.1, para. II (92.a).
                                              technical amendments to its vessel                                                                            establish a vessel’s entitlement to
                                                                                                      The purpose of this rule is to make non-
                                              documentation regulations. A Certificate                                                                      preferred mortgage status. Under 46
                                                                                                      substantive edits to: (1) Align the Coast
                                              of Documentation, which is required for                                                                       U.S.C. 31326, preferred mortgages have
                                                                                                      Guard’s vessel documentation
                                              the operation of a vessel in certain                                                                          priority over other liens on vessels, and
                                                                                                      regulations with current statutes on that
                                              trades, serves as evidence of vessel                                                                          they offer an enhancement to the
                                                                                                      subject; (2) correct typographical errors;
                                              nationality, and permits a vessel to be                                                                       security available to lenders.
                                                                                                      and (3) align procedural requirements                    This final rule makes 35 non-
                                              subject to preferred mortgages. The                     with current Coast Guard practice.
                                              amendments make non-substantive                                                                               substantive changes to 19 sections in 46
                                                                                                         We did not publish a notice of                     CFR part 67. The changes correct
                                              edits to align Coast Guard regulations                  proposed rulemaking for this rule.
                                              with current vessel documentation                                                                             omissions, misspellings, or inaccurate
                                                                                                      Under Title 5 of United States Code                   references caused by unintentional
sradovich on DSKBBY8HB2PROD with RULES




                                              statutes, correct typographical errors,                 (U.S.C.) section 553(b)(A), the Coast
                                              and align procedural requirements with                                                                        typographical errors and make small
                                                                                                      Guard finds that this rule is exempt                  edits for additional clarity. The changes
                                              current Coast Guard practice.                           from notice and public comment
                                              DATES: This final rule is effective
                                                                                                                                                            also update referenced material, such as
                                                                                                      rulemaking requirements, because these
                                              September 20, 2017.                                     changes involve rules of agency                         1 Docket ID: USCG–2013–0942, available at
                                              FOR FURTHER INFORMATION CONTACT: For                    organization, procedure, or practice. In              https://www.regulations.gov/docket?D=USCG–
                                              information about this document, call or                addition, the Coast Guard finds that                  2013–0942.



                                         VerDate Sep<11>2014   17:10 Sep 19, 2017   Jkt 241001   PO 00000   Frm 00032   Fmt 4700   Sfmt 4700   E:\FR\FM\20SER1.SGM   20SER1


                                                              Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations                                             43859

                                              treaty citations and web addresses. Over                     Law 104–324, section 1113 (1996).                     use a new database, Vessel
                                              the course of several decades, through                       Since the issuance of Public Law 104–                 Documentation System 1.0, and
                                              various laws, Congress has undertaken                        324, the National Vessel Documentation                introduced the current version of the
                                              the task of codifying U.S. shipping laws                     Center (NVDC) has allowed vessel                      COD (66 FR 15625, March 20, 2001).
                                              into positive law. The two most                              owners to mortgage their vessels to non-              This information technology system and
                                              significant of these acts were Public Law                    citizens, and it has not restricted the               recordkeeping form made the use of
                                              98–89 (1986), which codified subtitle II                     eligibility of a vessel mortgaged to a                decals and labels unnecessary;
                                              of Title 46 into positive law, and Public                    non-citizen to earn registry or coastwise             therefore, the NVDC stopped requiring
                                              Law 109–304 (2006), which completed                          endorsements, even though 33 CFR                      them, even though the relevant sections
                                              the process of codifying all of Title 46                     67.17(c) and 67.19(d)(3) continue to
                                                                                                                                                                 of part 67 continued to reference them.
                                              into positive law. Due to the                                explicitly state these restrictions.
                                                                                                                                                                 Amending 46 CFR 67.163(c) and 67.311
                                              recodification of Title 46, several 46                       Therefore, amending these sections will
                                              CFR part 67 regulations currently                            align regulatory text with the current                will align regulatory text with NVDC’s
                                              contain inaccurate statutory citations. A                    and longstanding 20-year practice of the              current practice, and these changes will
                                              crosswalk between pre-codified and                           NVDC, consistent with the statutory                   result in no impact on industry.
                                              codified provisions of Title 46 is                           requirements, and these changes will                    The following table shows the
                                              available in the disposition tables in 46                    result in no impact on industry.                      complete list of sections in 46 CFR part
                                              U.S.C.2                                                         This rule also makes changes to                    67 that we are amending, the changes
                                                 The changes made by this rule also                        reflect the elimination of renewal decals             we are making, the reasons for those
                                              reflect the elimination of citizenship                       and address labels for CODs issued by                 changes, and their impacts.
                                              requirements for mortgagees by Public                        the NVDC. In 2001, the NVDC began to

                                                                                                                       TABLE OF CHANGES
                                                  46 CFR
                                                  affected                                Changed text                                              Reason for change                     Regulatory impact
                                                  section

                                              67.3 ..............    In paragraph (b) of the definition of ‘‘Acknowl-           Minor typographical changes to correct the full         None.
                                                                       edgment’’ replace ‘‘Hague Convention Abol-                 title of the Hague Convention in accordance
                                                                       ishing the Requirement for Legalisation of Pub-            with 33 U.S.T. 883 and TIAS 10072.
                                                                       lic Documents’’ with ‘‘Hague Convention Abol-
                                                                       ishing the Requirement of Legalisation for For-
                                                                       eign Public Documents.’’
                                                                     Replace ‘‘Article 3’’ with ‘‘Article 4.’’                  Article 3 is erroneously referenced because the         None.
                                                                                                                                  certificate is described in Article 4, not 3.
                                                                     Revise the definition of ‘‘Certification of Docu-          Correct a typographical error contained in 58 FR        None.
                                                                       mentation’’ by replacing ‘‘Certification’’ with            60256, Nov. 15, 1993. The referenced docu-
                                                                       ‘‘Certificate.’’                                           ment has historically been described as a
                                                                                                                                  ‘‘certificate’’ in accordance with Title 46 of the
                                                                                                                                  U.S.C. This change aligns the defined term
                                                                                                                                  with the U.S.C. and corresponding Coast
                                                                                                                                  Guard regulations.
                                                                     Following the text ‘‘CG–1270’’, add ‘‘when issued          The change makes clear that the form itself is          None.
                                                                       by the Director, National Vessel Documentation             not a ‘‘Certificate of Documentation.’’ Rather,
                                                                       Center.’’                                                  consistent with longstanding Coast Guard pol-
                                                                                                                                  icy, it becomes a ‘‘Certificate of Documenta-
                                                                                                                                  tion’’ only when issued by the Director, Na-
                                                                                                                                  tional Vessel Documentation Center.
                                                                     In the definition of ‘‘United States,’’ replace            The reference to 67.19(d)(3) is erroneous be-           None.
                                                                       ‘‘§ 67.19(d)(3)’’ with ‘‘§ 67.19(c)(3).’’                  cause paragraph (d)(3) has no bearing on the
                                                                                                                                  scope of the definition of ‘‘United States’’; rath-
                                                                                                                                  er it is paragraph (c)(3), which addresses
                                                                                                                                  whether or not a rebuilding, if done in a trust
                                                                                                                                  territory, would be deemed to have been done
                                                                                                                                  in the ‘‘United States.’’
                                                                     In the definition of ‘‘Wrecked Vessel,’’ replace           Update the statutory reference to reflect the re-       None.
                                                                       ‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C. 12107.’’            codification of Title 46. (Pub. L. 109–304
                                                                                                                                  (2006)).
                                              67.11(a)(2) ...        Replace ‘‘section 2 of the Shipping Act, 1916 (46          Update the statutory references to reflect the re-      None.
                                                                      U.S.C. app. 802) with ‘‘46 U.S.C. 50501.’’                  codification of Title 46. (Pub. L. 109–304
                                                                                                                                  (2006)).
sradovich on DSKBBY8HB2PROD with RULES




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



                                         VerDate Sep<11>2014        17:10 Sep 19, 2017   Jkt 241001   PO 00000   Frm 00033   Fmt 4700   Sfmt 4700   E:\FR\FM\20SER1.SGM   20SER1


                                              43860          Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations

                                                                                                                TABLE OF CHANGES—Continued
                                                 46 CFR
                                                 affected                                Changed text                                              Reason for change                         Regulatory impact
                                                 section

                                                                    Remove the word ‘‘mortgaged.’’                             Citizenship requirements for mortgagees were               None. Amending this
                                                                                                                                 eliminated by Public Law 104–324, section                  paragraph will align
                                                                                                                                 1113, in October 1996. Since the issuance of               regulatory text with
                                                                                                                                 Public Law 104–324, the NVDC has allowed                   statutory requirements
                                                                                                                                 vessel owners to mortgage their vessels to                 and longstanding cor-
                                                                                                                                 non-citizens, and it has not restricted the eligi-         responding practices
                                                                                                                                 bility of a vessel mortgaged to a non-citizen to           of the NVDC.
                                                                                                                                 earn registry or coastwise endorsements, even
                                                                                                                                 though the relevant sections of part 67 contin-
                                                                                                                                 ued to explicitly state these restrictions.
                                              67.13(a) ........     Replace an old National Archives and Records               Update an obsolete web address .........................   None.
                                                                     Administration Internet address with the new
                                                                     one.
                                              67.14 ............    Replace ‘‘44 U.S.C. 3507(f)’’ with ‘‘44 U.S.C.             The stated purpose of this section is to affirm the        None.
                                                                     3507(a)(3).’’                                               intention of the Coast Guard to comply with the
                                                                                                                                 requirement of the Paperwork Reduction Act
                                                                                                                                 that agencies display a current control number
                                                                                                                                 assigned by the Director of the Office of Man-
                                                                                                                                 agement and Budget (OMB) for each approved
                                                                                                                                 agency information collection requirement. That
                                                                                                                                 requirement is set forth at 44 U.S.C.
                                                                                                                                 3507(a)(3), not at 44 U.S.C. 3507(f), which re-
                                                                                                                                 fers only to independent regulatory agencies.
                                                                                                                                 The purpose of this change is to correct that
                                                                                                                                 erroneous reference.
                                              67.17(c) ........     Delete paragraph relating to the effect of a ves-          Reflect elimination of foreign transfer restrictions       None. Amending this
                                                                     sel’s foreign transfer on its eligibility for a reg-        by Public Law 104–324, section 1113 (1996).                paragraph will align
                                                                     istry endorsement.                                                                                                     regulatory text with
                                                                                                                                                                                            statutory requirements
                                                                                                                                                                                            and longstanding cor-
                                                                                                                                                                                            responding practices
                                                                                                                                                                                            of the NVDC.
                                              67.19(b)(6) ...       Replace ‘‘46 U.S.C. app. 808’’ with ‘‘46 U.S.C.            Update the statutory reference to reflect the re-          None.
                                                                     57109.’’                                                    codification of Title 46. (Pub. L. 109–304
                                                                                                                                 (2006)).
                                              67.19(d)(2) ...       Replace ‘‘§ 67.35(a)’’ with ‘‘§ 67.35(c).’’                Section 67.19 addresses eligibility for a coast-           None.
                                                                                                                                 wise endorsement; the reference to 67.35(a) is
                                                                                                                                 erroneous because the cross-reference to
                                                                                                                                 67.35(a) is to the partnership citizenship re-
                                                                                                                                 quirements for a recreational endorsement.
                                                                                                                                 The partnership citizenship requirements for a
                                                                                                                                 coastwise endorsement are found at 67.35(c).
                                              67.19(e) ........     Delete paragraph (e), which is related to the ineli-       Reflect elimination of foreign transfer restrictions       None. Amending this
                                                                     gibility for a coastwise endorsement of a for-              by Public Law 104–324, section 1113 (1996).                paragraph will align
                                                                     eign-owned vessel.                                                                                                     regulatory text with
                                                                                                                                                                                            statutory requirements
                                                                                                                                                                                            and longstanding cor-
                                                                                                                                                                                            responding practices
                                                                                                                                                                                            of the NVDC.
                                              67.21(e) ........     Replace ‘‘46 U.S.C. 12102(c)(5)’’ with ‘‘46 U.S.C.         Update the statutory reference to reflect the re-          None.
                                                                     12113(c)(3).’’                                              codification of Title 46. (Pub. L. 109–304.
                                                                                                                                 (2006)).
                                              67.30(c) ........     Update reference to the Bowater Amendment                  Update the reference to the Bowater Amendment              None.
                                                                     and the Oil Pollution Act of 1990; replace ‘‘46             and the Oil Pollution Act of 1990 to reflect the
                                                                     U.S.C. app. 883–1’’ with ‘‘46 U.S.C. 12118.’’               recodification of Title 46. (Pub. L. 109–304
                                                                                                                                 (2006)).
                                                                    Replace ‘‘46 U.S.C. 12106(d)’’ with ‘‘46 U.S.C.            Update the statutory reference to reflect the re-          None.
                                                                      12117.’’                                                   codification of Title 46. (Pub. L. 109–304
                                                                                                                                 (2006)).
                                              67.47(a)(3) ...       Replace ‘‘, as defined in section 2 of the Ship-           Reworded sentence and update the statutory ref-            None.
                                                                     ping Act, 1916 (46 U.S.C. app. 802), to a per-              erences to reflect the recodification of Title 46.
sradovich on DSKBBY8HB2PROD with RULES




                                                                     son not a citizen within the meaning of section             (Pub. L. 109–304 (2006)).
                                                                     2 of that act’’ with ‘‘of the United States to a
                                                                     person not a citizen of the United States, as
                                                                     defined in 46 U.S.C. 50501.’’
                                              67.63(b)(1) ...       Replace ‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C.             Update the statutory reference to reflect the re-          None.
                                                                     12107.’’                                                    codification of Title 46. (Pub. L. 109–304
                                                                                                                                 (2006)).



                                         VerDate Sep<11>2014       17:10 Sep 19, 2017   Jkt 241001   PO 00000   Frm 00034   Fmt 4700   Sfmt 4700   E:\FR\FM\20SER1.SGM   20SER1


                                                            Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations                                                       43861

                                                                                                                  TABLE OF CHANGES—Continued
                                                 46 CFR
                                                 affected                                 Changed text                                                   Reason for change                       Regulatory impact
                                                 section

                                              67.133(a) ......     Replace ‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C.                      Update the statutory references to reflect the re-     None.
                                                                    12107.’’                                                             codification of Title 46. (Pub. L. 109–304
                                                                                                                                         (2006)).
                                              67.133(b) ......     Replace ‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C.                      Update the statutory references to reflect the re-     None.
                                                                    12107.’’                                                             codification of Title 46. (Pub. L. 109–304
                                                                                                                                         (2006)).
                                              67.141(c) ......     Replace ‘‘Certification’’ with ‘‘Certificate.’’                     Correct a typographical error made in 65 FR            None.
                                                                                                                                         76572, Dec. 7, 2000, regulatory text. The doc-
                                                                                                                                         ument has historically been described as a
                                                                                                                                         ‘‘Certificate’’ in accordance with Title 46 of the
                                                                                                                                         U.S.C. This change aligns the defined term
                                                                                                                                         with the U.S.C. and corresponding Coast
                                                                                                                                         Guard regulations.
                                              67.151(b) ......     Insert ‘‘determination of the’’ following the text                  Correct a typographical error in which the subject     None.
                                                                     ‘‘Upon the.’’                                                       language was inadvertently omitted from the
                                                                                                                                         regulation, resulting in an incomplete sentence.
                                              67.161(a)(3)         Replace ‘‘Sections 9 and 37(b) of the Shipping                      Update the statutory references to reflect the re-     None.
                                                                    Act, 1916 (46 U.S.C. app. 808, 835(b))’’ with                        codification of Title 46. (Pub. L. 109–304
                                                                    ‘‘46 U.S.C. 56101, 56102 and 57109.’’                                (2006)).
                                              67.161(a)(4)         Replace ‘‘Section 902 of the Merchant Marine                        Update the statutory references to reflect the re-     None.
                                                                    Act, 1936 (46 U.S.C. app. 1242)’’ with ‘‘46                          codification of Title 46. (Pub. L. 109–304
                                                                    U.S.C. 56301.’’                                                      (2006)).
                                              67.163(c) ......     Remove paragraph.                                                   The NVDC no longer issues renewal decals, and          None. Amending this
                                                                                                                                         therefore, they cannot be affixed. In 2001, the        paragraph will align
                                                                                                                                         NVDC began to use a new database, Vessel               regulatory text with
                                                                                                                                         Documentation System 1.0, and introduced the           NVDC’s current, long-
                                                                                                                                         current version of the COD. 66 FR 15625,               standing practice.
                                                                                                                                         March 20, 2001. This information technology
                                                                                                                                         system and recordkeeping form made the use
                                                                                                                                         of decals unnecessary; therefore, the NVDC
                                                                                                                                         stopped requiring them, even though the rel-
                                                                                                                                         evant sections of part 67 continued to ref-
                                                                                                                                         erence them.
                                              67.165(c)(3)         Replace ‘‘Sections 9 and 37(b) of the Shipping                      Update the statutory references to reflect the re-     None.
                                                                     Act, 1916 (46 U.S.C. app. 808, 835(b))’’ with                       codification of Title 46. (Pub. L. 109–304
                                                                     ‘‘46 U.S.C. 56101, 56102 and 57109.’’                               (2006)).
                                              67.165(c)(4)         Replace ‘‘Section 902 of the Merchant Marine                        Update the statutory references to reflect recodifi-   None.
                                                                     Act, 1936 (46 U.S.C. app. 1242)’’ with ‘‘46                         cation of Title 46. (Pub. L. 109–304 (2006)).
                                                                     U.S.C. 56301.’’
                                              67.167(c) ......     Replace ‘‘a sea’’ with ‘‘at sea.’’                                  Correct a minor grammatical typographical error        None.
                                              67.167(c)(10)        Replace ‘‘46 U.S.C. 12106(e)’’ with ‘‘46 U.S.C.                     Update the statutory reference to reflect the re-      None.
                                                                     12119.’’                                                            codification of Title 46. (Pub. L. 109–304
                                                                                                                                         (2006)).
                                              67.167(d) ......     Replace ‘‘endorsements’’ with ‘‘endorsement(s).’’                   Correct minor typographical error; change con-         None.
                                                                                                                                         forms this paragraph to paragraphs (b), (c),
                                                                                                                                         and (e).
                                              67.203(e) ......     Remove paragraph ................................................   Reflect elimination of foreign transfer restrictions   None. Amending this
                                                                                                                                         by Public Law 104–324, section 1113 (1996).            paragraph will align
                                                                                                                                                                                                regulatory text with
                                                                                                                                                                                                statutory requirements
                                                                                                                                                                                                and longstanding cor-
                                                                                                                                                                                                responding practices
                                                                                                                                                                                                of the NVDC.
                                              67.203(f) .......    Remove paragraph ................................................   Reflect elimination of foreign transfer restrictions   None. Amending this
                                                                                                                                         by Public Law 104–324, section 1113 (1996).            paragraph will align
                                                                                                                                                                                                regulatory text with
                                                                                                                                                                                                statutory requirements
                                                                                                                                                                                                and longstanding cor-
                                                                                                                                                                                                responding practices
                                                                                                                                                                                                of the NVDC.
sradovich on DSKBBY8HB2PROD with RULES




                                         VerDate Sep<11>2014      17:10 Sep 19, 2017    Jkt 241001     PO 00000     Frm 00035     Fmt 4700   Sfmt 4700   E:\FR\FM\20SER1.SGM   20SER1


                                              43862         Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations

                                                                                                                  TABLE OF CHANGES—Continued
                                                 46 CFR
                                                 affected                                 Changed text                                                   Reason for change                    Regulatory impact
                                                 section

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



                                                In association with the changes made                          identified for elimination, and that the                compliance with, Federal regulations to
                                              by the recodification of title 46, the                          cost of planned regulations be prudently                the Small Business and Agriculture
                                              Coast Guard is updating its list of                             managed and controlled through a                        Regulatory Enforcement Ombudsman
                                              authority citations for 46 CFR part 67.                         budgeting process.’’                                    and the Regional Small Business
                                              For a cross-walk between the changes,                              The Office of Management and Budget                  Regulatory Fairness Boards. The
                                              please see the disposition tables for title                     (OMB) has not designated this rule a                    Ombudsman evaluates these actions
                                              46 and the Historical and Revision                              significant regulatory action under                     annually and rates each agency’s
                                              Notes for the applicable sections in the                        section 3(f) of Executive Order 12866.                  responsiveness to small business. If you
                                              U.S.C.3                                                         Accordingly, OMB has not reviewed it.                   wish to comment on actions by
                                                                                                              As this rule is not a significant                       employees of the Coast Guard, call 1–
                                              V. Regulatory Analyses
                                                                                                              regulatory action, this rule is exempt                  888–REG–FAIR (1–888–734–3247).
                                                We developed this rule after                                  from the requirements of Executive
                                              considering numerous statutes and                               Order 13771. See OMB’s Memorandum                       D. Collection of Information
                                              Executive orders related to rulemaking.                         ‘‘Guidance Implementing Executive
                                              Below we summarize our analyses                                 Order 13771, Titled ‘Reducing                             This rule calls for no new or modified
                                              based on these statutes or Executive                            Regulation and Controlling Regulatory                   collection of information under the
                                              orders.                                                         Costs’’’ (April 5, 2017). This rule                     Paperwork Reduction Act of 1995, 44
                                                                                                              involves non-substantive changes and                    U.S.C. 3501–3520.
                                              A. Regulatory Planning and Review
                                                                                                              internal agency practices and                           E. Federalism
                                                 Executive Orders 12866 (‘‘Regulatory                         procedures; it will not impose any
                                              Planning and Review’’) and 13563                                additional costs on the public. The                        A rule has implications for federalism
                                              (‘‘Improving Regulation and Regulatory                          benefit of the non-substantive changes is               under Executive Order 13132
                                              Review’’) direct agencies to assess the                         increased clarity of regulations.                       (‘‘Federalism’’) if the rule has a
                                              costs and benefits of available regulatory                                                                              substantial direct effect on State or local
                                              alternatives and, if regulation is                              B. Small Entities
                                                                                                                                                                      governments and would either preempt
                                              necessary, to select regulatory                                    This rule is not preceded by a notice                State law or impose a substantial direct
                                              approaches that maximize net benefits                           of proposed rulemaking and, therefore,                  cost of compliance on them. We have
                                              (including potential economic,                                  is exempt from the requirements of the                  analyzed this rule under Executive
                                              environmental, public health and safety                         Regulatory Flexibility Act (5 U.S.C.                    Order 13132 and have determined that
                                              effects, distributive impacts, and                              601–612). The Regulatory Flexibility                    it does not have implications for
                                              equity). Executive Order 13563                                  Act does not apply when notice and                      federalism.
                                              emphasizes the importance of                                    comment rulemaking is not required.
                                              quantifying both costs and benefits, of                                                                                 F. Unfunded Mandates Reform Act
                                              reducing costs, of harmonizing rules,                           C. Assistance for Small Entities
                                              and of promoting flexibility. Executive                           Under section 213(a) of the Small                       The Unfunded Mandates Reform Act
                                              Order 13771 (‘‘Reducing Regulation and                          Business Regulatory Enforcement                         of 1995, 2 U.S.C. 1531–1538, requires
                                              Controlling Regulatory Costs’’) directs                         Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of
                                              agencies to reduce regulation and                               we want to assist small entities in                     their discretionary regulatory actions. In
                                              control regulatory costs and provides                           understanding this rule so that they can                particular, the Act addresses actions
                                              that ‘‘for every one new regulation                             better evaluate its effects on them. The                that may result in the expenditure by a
sradovich on DSKBBY8HB2PROD with RULES




                                              issued, at least two prior regulations be                       Coast Guard will not retaliate against                  State, local, or tribal government, in the
                                                                                                              small entities that question or complain                aggregate, or by the private sector of
                                                3 The most recent disposition tables for Title 46             about this rule or any policy or action                 $100,000,000 (adjusted for inflation) or
                                              are available at https://www.gpo.gov/fdsys/pkg/                 of the Coast Guard.                                     more in any one year. Though this rule
                                              USCODE-2015-title46/pdf/USCODE-2015-title46-                                                                            will not result in such an expenditure,
                                              front.pdf; Historical and Revision notes for each
                                                                                                                Small businesses may send comments
                                              section are available in the U.S.C. following the               on the actions of Federal employees                     we do discuss the effects of this rule
                                              code section they accompany.                                    who enforce, or otherwise determine                     elsewhere in this preamble.


                                         VerDate Sep<11>2014      17:10 Sep 19, 2017    Jkt 241001     PO 00000     Frm 00036     Fmt 4700   Sfmt 4700   E:\FR\FM\20SER1.SGM   20SER1


                                                           Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations                                          43863

                                              G. Taking of Private Property                           sampling procedures; and related                      12133, 12139; Department of Homeland
                                                                                                      management systems practices) that are                Security Delegation No. 0170.1.
                                                This rule will not cause a taking of
                                              private property or otherwise have                      developed or adopted by voluntary                     § 67.3    [Amended]
                                              taking implications under Executive                     consensus standards bodies. This rule
                                                                                                      does not use technical standards.                     ■  2. Amend § 67.3 as follows:
                                              Order 12630, Governmental Actions and                                                                         ■  a. In the definition of
                                              Interference with Constitutionally                      Therefore, we did not consider the use
                                                                                                      of voluntary consensus standards.                     ‘‘Acknowledgment’’, redesignate
                                              Protected Property Rights.                                                                                    paragraphs (a) and (b) as paragraphs (1)
                                              H. Civil Justice Reform                                 M. Environment                                        and (2); in newly redesignated
                                                This rule meets applicable standards                    We have analyzed this rule under                    paragraph (2), remove the text ‘‘Hague
                                              in sections 3(a) and 3(b)(2) of Executive               Department of Homeland Security                       Convention Abolishing the Requirement
                                              Order 12988 (‘‘Civil Justice Reform’’), to              Management Directive 023–01 and                       for Legalisation of Public Documents’’
                                              minimize litigation, eliminate                          Commandant Instruction M16475.lD                      and add in its place the text ‘‘Hague
                                              ambiguity, and reduce burden.                           (COMDTINST M16475.1D), which guide                    Convention Abolishing the Requirement
                                                                                                      the Coast Guard in complying with the                 of Legalisation for Foreign Public
                                              I. Protection of Children                                                                                     Documents’’; and in newly redesignated
                                                                                                      National Environmental Policy Act of
                                                 We have analyzed this rule under                     1969 (42 U.S.C. 4321–4370f), and have                 paragraph (2), remove the text ‘‘Article
                                              Executive Order 13045 (‘‘Protection of                  made a determination that this action is              3’’ and add in its place ‘‘Article 4’’;
                                              Children from Environmental Health                      one of a category of actions that do not              ■ b. In the definition of ‘‘Certification of
                                              Risks and Safety Risks’’). This rule is                 individually or cumulatively have a                   Documentation’’, remove the word
                                              not an economically significant rule and                significant effect on the human                       ‘‘Certification’’ and add in its place the
                                              would not create an environmental risk                  environment. A Record of                              word ‘‘Certificate’’; and following the
                                              to health or risk to safety that might                  Environmental Consideration                           text ‘‘CG–1270’’, add the text ‘‘when
                                              disproportionately affect children.                     supporting this determination is                      issued by the Director, National Vessel
                                                                                                      available in the docket. This rule is                 Documentation Center’’;
                                              J. Indian Tribal Governments                                                                                  ■ c. In the definition of ‘‘United States,’’
                                                                                                      categorically excluded under Chapter 2,
                                                 This rule does not have tribal                       Section B, Paragraph 2 (Categorical                   remove the text ‘‘§ 67.19(d)(3)’’ and add
                                              implications under Executive Order                      Exclusions), and Figure 2–1 (Coast                    in its place the text ‘‘§ 67.19(c)(3)’’; and
                                              13175 (‘‘Consultation and Coordination                                                                        ■ d. In the definition of ‘‘Wrecked
                                                                                                      Guard Categorical Exclusions),
                                              with Indian Tribal Governments’’),                      paragraph (34)(a) and (34)(d) of the                  vessel,’’ remove the text ‘‘46 U.S.C. app.
                                              because it does not have substantial                    Instruction.                                          14’’ and add in its place the text ‘‘46
                                              direct effects on one or more Indian                                                                          U.S.C. 12107’’.
                                                                                                        This final rule involves technical
                                              tribes, on the relationship between the
                                                                                                      amendments to the Coast Guard’s vessel                § 67.11    [Amended]
                                              Federal Government and Indian tribes,
                                                                                                      documentation regulations. Certificates               ■  3. In § 67.11(a)(2), remove the text
                                              or on the distribution of power and
                                                                                                      of Documentation allow the operation of               ‘‘section 2 of the Shipping Act, 1916 (46
                                              responsibilities between the Federal
                                                                                                      vessels in certain trades, provide                    U.S.C. app. 802)’’ wherever it appears,
                                              Government and Indian tribes.
                                                                                                      evidence of vessel nationality, and                   and add in its place the text ‘‘46 U.S.C.
                                              K. Energy Effects                                       permit vessels to be subject to preferred             50501’’; and in paragraph (a)(2), remove
                                                 We have analyzed this rule under                     mortgages. The technical amendments                   the text ‘‘mortgaged,’’.
                                              Executive Order 13211 (‘‘Actions                        presented in this rulemaking entail
                                              Concerning Regulations That                             editorial or procedural changes that: (1)             § 67.13    [Amended]
                                              Significantly Affect Energy Supply,                     Align Coast Guard regulations with                    ■ 4. In § 67.13, remove the text ‘‘http://
                                              Distribution, or Use’’). We have                        current vessel documentation statutes;                www.archives.gov/federal_register/
                                              determined that it is not a ‘‘significant               (2) correct non-substantive                           code_of_federal_regulations)/ibr_
                                              energy action’’ under that order because                typographical errors; and (3) harmonize               locations.html’’ and add in its place the
                                              it is not a ‘‘significant regulatory action’’           procedural requirements with current                  text ‘‘http://www.archives.gov/federal-
                                              under Executive Order 12866 and is not                  Coast Guard practice. These                           register/cfr/ibr-locations.html’’.
                                              likely to have a significant adverse effect             amendments collectively promote the
                                              on the supply, distribution, or use of                  Coast Guard’s maritime safety, security,              § 67.14    [Amended]
                                              energy. The Administrator of OMB’s                      and environmental protection missions                 ■ 5. In § 67.14(a), remove the text ‘‘44
                                              Office of Information and Regulatory                    by rendering the Coast Guard’s vessel                 U.S.C. 3507(f)’’ and add in its place the
                                              Affairs has not designated it as a                      documentation system more effective.                  text ‘‘44 U.S.C. 3507(a)(3),’’.
                                              significant energy action.                              List of Subjects in 46 CFR Part 67                    § 67.17    [Amended]
                                              L. Technical Standards                                    Reporting and recordkeeping                         ■   6. In § 67.17, remove paragraph (c).
                                                 The National Technology Transfer                     requirements, Vessels.
                                              and Advancement Act, codified as a                                                                            § 67.19    [Amended]
                                                                                                        For the reasons discussed in the
                                              note to 15 U.S.C. 272, directs agencies                 preamble, the Coast Guard amends 46                   ■  7. Amend § 67.19 as follows:
                                              to use voluntary consensus standards in                 CFR part 67 as follows:                               ■  a. In paragraph (b)(6), remove the text
                                              their regulatory activities unless the                                                                        ‘‘46 U.S.C. app. 808’’ and add in its
                                              agency provides Congress, through                       PART 67—DOCUMENTATION OF                              place the text ‘‘46 U.S.C. 57109’’;
sradovich on DSKBBY8HB2PROD with RULES




                                              OMB, with an explanation of why using                   VESSELS                                               ■ b. In paragraph (d) introductory text,
                                              these standards would be inconsistent                                                                         remove the text ‘‘, except as provided in
                                              with applicable law or otherwise                        ■ 1. The authority citation for part 67 is            paragraph (e) of this section,’’; and in
                                              impractical. Voluntary consensus                        revised to read as follows:                           paragraph (d)(2), remove the text
                                              standards are technical standards (e.g.,                  Authority: 4 U.S.C. 664; 31 U.S.C. 9701; 42         ‘‘§ 67.35(a)’’ and add in its place the text
                                              specifications of materials, performance,               U.S.C. 9118; 46 U.S.C. 2103, 2104, 2107,              ‘‘§ 67.35(c)’’; and
                                              design, or operation; test methods;                     12102, 12103, 12104, 12105, 12106, 12113,             ■ c. Remove paragraph (e).



                                         VerDate Sep<11>2014   17:10 Sep 19, 2017   Jkt 241001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\20SER1.SGM    20SER1


                                              43864        Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Rules and Regulations

                                              § 67.21    [Amended]                                    Act, 1936 (46 U.S.C. app. 1242)’’ and                 § 401.420   [Corrected]
                                              ■ 8. In § 67.21(e), remove the text ‘‘46                add in its place the text ‘‘46 U.S.C.                 ■ 4. On the same page, in the same
                                              U.S.C. 12102(c)(5)’’ and add in its place               56301’’.                                              column, in the eighth line from the
                                              the text ‘‘46 U.S.C. 12113(c)(3)’’.                     § 67.167    [Amended]                                 bottom, ‘‘Revise § 401.420 to read as
                                                                                                                                                            follows:’’ should read ‘‘In § 401.420,
                                              § 67.30    [Amended]                                    ■  18. Amend § 67.167 as follows:                     revise paragraph (b) to read as follows:’’.
                                              ■ 9. In § 67.30, remove the text ‘‘46                   ■  a. In paragraph (c) introductory text,
                                              U.S.C. app. 883–1’’ and add in its place                following the text ‘‘vessel is not’’,                 § 401.450   [Corrected]
                                              the text ‘‘46 U.S.C. 12118’’; and remove                remove the text ‘‘a sea’’ and add in its
                                                                                                      place the text ‘‘at sea’’;                            ■  5. On the same page, in the third
                                              the text ‘‘46 U.S.C. 12106(d)’’ and add                                                                       column, in the ninth through fourteenth
                                              in its place the text ‘‘46 U.S.C. 12117’’.              ■ b. In paragraph (c)(10) remove the text
                                                                                                      ‘‘46 U.S.C. 12106(e)’’ and add in its                 lines,
                                              § 67.47    [Amended]                                    place the text ‘‘46 U.S.C. 12119’’; and               ■ 5. Revise § 401.450 as follows:
                                                                                                      ■ c. In paragraph (d) remove the text                 ■ a. Redesignate paragraphs (b) through
                                              ■ 10. In § 67.47(a)(3), remove the text ‘‘,
                                                                                                      ‘‘endorsements’’ and add in its place the             (j) as paragraphs (c) through (k),
                                              as defined in section 2 of the Shipping
                                                                                                      text ‘‘endorsement(s)’’.                              respectively; and
                                              Act, 1916 (46 U.S.C. app. 802), to a
                                              person not a citizen within the meaning                                                                       ■ b. Add new paragraph (b) to read as
                                                                                                      § 67.203    [Amended]                                 follows:
                                              of section 2 of that act’’ and add in its
                                              place the text ‘‘of the United States to                ■ 19. In § 67.203, remove paragraphs (e)                 Should read:
                                              a person not a citizen of the United                    and (f).                                              ■ 5. In § 401.450, redesignate
                                              States, as defined in 46 U.S.C. 50501’’.                ■ 20. Revise § 67.311 to read as follows:             paragraphs (b) through (j) as paragraphs
                                                                                                                                                            (c) through (k), respectively, and add
                                              § 67.63    [Amended]                                    § 67.311 Alteration of Certificate of                 new paragraph (b) to read as follows:
                                                                                                      Documentation.
                                              ■  11. In § 67.63(b)(1), remove the text                                                                      ■ 6. In part 401, in section 401.405, on
                                              ‘‘46 U.S.C. app. 14’’ and add in its place                No person other than a                              the same page, in the same column, after
                                              the text ‘‘46 U.S.C. 12107’’.                           documentation officer shall                           the 20th line, add the following line:
                                                                                                      intentionally alter a Certificate of
                                              § 67.133   [Amended]                                    Documentation.                                        *      *     *     *     *
                                              ■ 12. In § 67.133(a) introductory text                    Dated: September 15, 2017.                          § 404.100   [Corrected]
                                              and (b), remove the text ‘‘46 U.S.C. app.               Rebecca Orban,                                        ■  7. On the same page, in the same
                                              14’’ and add in its place the text ‘‘46                 Acting Chief, Office of Regulations and               column, in the 28th line, ‘‘Amend
                                              U.S.C. 12107’’.                                         Administrative Law.                                   § 404.101(a) as follows:’’ should read
                                                                                                      [FR Doc. 2017–20023 Filed 9–19–17; 8:45 am]           ‘‘In § 404.100, revise paragraph (a) to
                                              § 67.141   [Amended]
                                                                                                      BILLING CODE 9110–04–P                                read as follows:’’.
                                              ■  13. In § 67.141(c), remove the word
                                              ‘‘Certification’’ and add in its place the                                                                    ■ 8. In part 404, in section 404.100, on
                                              word ‘‘Certificate’’.                                   DEPARTMENT OF HOMELAND                                the same page, in the same column, after
                                                                                                      SECURITY                                              the 39th line, add the following line:
                                              § 67.151   [Amended]                                                                                          *      *     *     *     *
                                              ■  14. In § 67.151(b), following the text               Coast Guard
                                                                                                                                                            § 404.103   [Corrected]
                                              ‘‘Upon the’’, add the text
                                              ‘‘determination of the’’.                               46 CFR Parts 401, 403, and 404                        ■ 9. In the same page, in the same
                                                                                                                                                            column, in the 41st through 46th lines,
                                              § 67.161   [Amended]                                    [USCG–2016–0268]
                                                                                                                                                            ■ a. In paragraph (a), following the
                                              ■  15. Amend § 67.161 as follows:                       RIN 1625–AC34                                         words ‘‘dividing each area’s’’ remove
                                              ■  a. In paragraph (a)(3), remove the text                                                                    the word ‘‘peak’’ and add, in its place,
                                              ‘‘Sections 9 and 37(b) of the Shipping                  Great Lakes Pilotage Rates—2017                       the word ‘‘seasonal’’; and
                                              Act, 1916 (46 U.S.C. app. 808, 835(b))’’                Annual Review                                         ■ b. Revise paragraph (b) to read as
                                              and add in its place the text ‘‘46 U.S.C.                                                                     follows:
                                              56101, 56102 and 57109’’; and                           Correction
                                                                                                                                                              should read:
                                              ■ b. In paragraph (a)(4), remove the text                 In rule document 2017–18411
                                                                                                                                                            ■ a. In paragraph (a) introductory text,
                                              ‘‘Section 902 of the Merchant Marine                    beginning on page 41466 in the issue of
                                                                                                                                                            following the words ‘‘dividing each
                                              Act, 1936 (46 U.S.C. app. 1242)’’ and                   Thursday, August 31, 2017, make the
                                                                                                                                                            area’s’’ remove the word ‘‘peak’’ and
                                              add in its place the text ‘‘46 U.S.C.                   following corrections:
                                                                                                                                                            add in its place the word ‘‘seasonal’’;
                                              56301’’.                                                  1. On page 41466, in the first column,
                                                                                                                                                            and
                                                                                                      in the first line below Table E–1, remove
                                              § 67.163   [Amended]                                    the words SUPPLEMENTARY INFORMATION:.                 ■ b. Revise paragraph (b).
                                              ■   16. In § 67.163, remove paragraph (c).                2. On the same page, in the second                    The revision reads as follows:
                                                                                                      column, after the second line, insert the             § 404.105   [Corrected]
                                              § 67.165   [Amended]                                    words SUPPLEMENTARY INFORMATION: on
                                              ■  17. Amend § 67.165 as follows:                       their own line.                                         10. On page 41496, in the first
sradovich on DSKBBY8HB2PROD with RULES




                                              ■  a. In paragraph (c)(3), remove the text                                                                    column, in the 22nd and 23rd line, ‘‘and
                                              ‘‘Sections 9 and 37(b) of the Shipping                  § 401.405    [Corrected]                              add, in their place, the words ‘‘working
                                              Act, 1916 (46 U.S.C. app. 808, 835(b))’’                ■ 3. On page 41495, in the second                     capital fund.’’ ’’ should read ‘‘and add in
                                              and add in its place the text ‘‘46 U.S.C.               column, in the 22nd line from the                     their place the words ‘‘working capital
                                              56101, 56102 and 57109’’; and                           bottom, ‘‘Revise § 401.405 to read as                 fund’’.’’.
                                              ■ b. In paragraph (c)(4), remove the text               follows:’’ should read ‘‘In § 401.405,                [FR Doc. C1–2017–18411 Filed 9–19–17; 8:45 am]
                                              ‘‘Section 902 of the Merchant Marine                    revise paragraph (a) to read as follows:’’.           BILLING CODE 13010–00–D




                                         VerDate Sep<11>2014   17:10 Sep 19, 2017   Jkt 241001   PO 00000   Frm 00038   Fmt 4700   Sfmt 9990   E:\FR\FM\20SER1.SGM   20SER1



Document Created: 2018-10-24 14:23:04
Document Modified: 2018-10-24 14:23:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective September 20, 2017.
ContactFor information about this document, call or email Ms. Andrea Heck, National Vessel Documentation Center, U.S. Coast Guard; telephone 304-271-2461, email [email protected]
FR Citation82 FR 43858 
CFR AssociatedReporting and Recordkeeping Requirements and Vessels

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR