5022 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 

4. On page 85083, in Table B.10. 

Endocrinology, second column, third 

row, the NQF #/eCQM NQF # entry 

‘‘0418/0418e’’ is corrected to read ‘‘N/A/ 

0418e’’. 

5. On page 85089, in Table B.11. 

Family Medicine, second column, sixth 

row, the NQF #/eCQM NQF # entry 

‘‘0418/0418e’’ is corrected to read ‘‘N/A/ 

0418e’’, and in the second column, sixth 

row, the NQF #/eCQM NQF # entry 

‘‘1407/N/A’’ is corrected to read ‘‘N/A/ 

N/A’’. 

6. On page 85110, in Table B.16. 

Infectious Disease, the ninth column, 

fourth row, the Measure Steward entry 

‘‘Health Resources and Services 

Administration’’ is corrected to read 

‘‘National Committee for Quality 

Assurance’’. 

7. On page 85114, in Table B.17. 

Internal Medicine, second column, first 

row, the NQF #/eCQM NQF # entry 

‘‘0418/0418e’’ is corrected to read ‘‘N/A/ 

0418e’’. 

8. On page 85124, in Table B.19. 

Mental/Behavioral Health, second 

column, fifth row, the NQF #/eCQM 

NQF # entry ‘‘0418/0418e’’ is corrected 

to read ‘‘N/A/0418e’’. 

9. On page 85130, in Table B.21. 

Neurology, second column, third row, 

the NQF #/eCQM NQF # entry ‘‘0418/ 

0418e’’ is corrected to read ‘‘N/A/ 

0418e’’. 

10. On page 85141, in Table B.24. 

Obstetrics/Gynecology, third column, 

fifth row, the blank Quality # entry is 

corrected to read ‘‘111’’. 

11. On page 85146, in Table B.25a. 

Oncology/Hematology, third column, 

fifth row, the blank Quality # entry is 

corrected to read ‘‘110’’. 

12. On page 85157, in Table B.27. 

Orthopedic Surgery, second column, 

third row, the NQF #/eCQM NQF # 

entry ‘‘0418/0418e’’ is corrected to read 

‘‘N/A/0418e’’. 

13. On page 85171, in Table B.30. 

Pediatrics, second column, fifth row, the 

NQF #/eCQM NQF # entry ‘‘0418/ 

0418e’’ is corrected to read ‘‘N/A/ 

0418e’’. 

14. On page 85171, in Table B.30. 

Pediatrics, ninth column, sixth row, the 

Measure Steward entry ‘‘Health 

Resources and Services Administration’’ 

is corrected to read ‘‘National 

Committee for Quality Assurance’’. 

15. On page 85173, in Table B.30. 

Pediatrics, second column, sixth row, 

the NQF #/eCQM NQF # entry ‘‘1407/ 

N/A’’ is corrected to read ‘‘N/A/N/A’’. 

16. On page 85179, in Table B.32. 

Physical Therapy/Occupational 

Therapy, second column, fifth row, the 

NQF #/eCQM NQF # entry ‘‘0418/ 

0418e’’ is corrected to read ‘‘N/A/ 

0418e’’. 

17. On page 85190, in Table B.35. 

Preventive Medicine, second column, 

third row, the NQF #/eCQM NQF # 

‘‘entry 0418/0418e’’ is corrected to read 

‘‘N/A/0418e’’. 

18. On page 85199, in Table B.38. 

Skilled Nursing Facility, third column, 

fifth row, the blank Quality # entry is 

corrected to read ‘‘110’’. 

19. On page 85203, in Table B.39. 

Speech Language Pathology, second 

column, first row, the NQF #/eCQM 

NQF # entry ‘‘0418/0418e’’ is corrected 

to read ‘‘N/A/0418e’’. 

20. On page 85268, in Table D.26. 

Preventive Care and Screening: 

Screening for Depression and FollowUp Plan, second column, first row, the 

NQF #/eCQM NQF # entry ‘‘0418/ 

0418e’’ is corrected to read ‘‘N/A/ 

0418e’’. 

21. On page 85333, in Table D.82. 

Immunizations for Adolescents, second 

column, first row, the NQF #/eCQM 

NQF # entry ‘‘1407/N/A’’ is corrected to 

read ‘‘N/A/N/A’’. 

Dated: January 11, 2021. 

Wilma M. Robinson, 

Deputy Executive Secretary to the 

Department, Department of Health and 

Human Services. 

[FR Doc. 2021–00805 Filed 1–14–21; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 67 

[Docket No. USCG–2020–0215] 

RIN 1625–AC26 

Certificate of Documentation—5 Year 

Renewal Fees 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is issuing a 

final rule extending the validity of a 

recreational vessel endorsement on a 

Certificate of Documentation (COD) 

from 1 to 5 years. Congress passed and 

the President signed the Frank 

LoBiondo Coast Guard Authorization 

Act of 2018, which requires the Coast 

Guard to issue recreational vessel CODs 

for 5 years. By updating the Code of 

Federal Regulations to reflect this 

change, the Coast Guard anticipates this 

final rule to harmonize with the 

requirements of the 2018 Act that 

decreased the burden on recreational 

vessel owners by requiring COD 

renewals every 5 years rather than 

annually. 

DATES: This final rule is effective 

February 18, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0215 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document, call or 

email Mr. Ronald Teague, Department of 

Homeland Security, U.S. Coast Guard, 

National Vessel Documentation Center, 

792 T J Jackson Drive, Falling Waters, 

WV 25419; telephone 304 271–2506; 

email ronald.s.teague@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Basis and Purpose, and Regulatory History 

III. Background 

IV. Discussion of the Rule 

V. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

2018 Act Frank LoBiondo Coast Guard 

Authorization Act of 2018 (Pub. L. 115– 

282, 132 Stat. 4192) 

BLS Bureau of Labor Statistics 

CFR Code of Federal Regulations 

COD Certificate of Documentation 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

NVDC U.S. Coast Guard National Vessel 

Documentation Center 

OMB Office of Management and Budget 

§ Section 

SME Subject matter expert 

U.S.C. United States Code 

II. Basis and Purpose, and Regulatory 

History 

The legal basis for this final rule is 

found in Section 512 of the Frank 

LoBiondo Coast Guard Authorization 

Act of 2018 (2018 Act) (Pub. L. 115–282, 

132 Stat. 4192) (the 2018 Act), which 

the President signed on December 4, 

2018. The 2018 Act directed the Coast 

Guard to do the following: (1) Make 

Certificates of Documentation (CODs) 

for recreational vessels of at least five 


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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 5023 

1 46 U.S.C. 12103 provides, in pertinent part, 

‘‘Except as otherwise provided, a certificate of 

documentation for a vessel may be issued under 

this chapter only if the vessel is—. . .(2) at least 5 

net tons as measured under part J of this subtitle; 

. . .’’ 

2See Metzenbaum v. Federal Energy Regulatory 

Commission, 675 F. 2d 1282, 1291 (D.C. Cir. 1982) 

(finding notice and comment unnecessary for 

nondiscretionary acts where notice and comment 

‘‘might even have been contrary to the public 

interest, given the expense that would have been 

involved in a futile gesture.’’) (internal quotation 

marks omitted). 3See 79 FR 47015, 47106 (Aug. 12, 2014). 4 46 U.S.C. 2110. 

net tons 1 effective for 5 years; and (2) 

require owners of recreational vessel of 

at least five net tons to notify the Coast 

Guard of each change in the information 

on which the issuance of the COD is 

based. Vessel owners must report each 

change of information that occurs before 

expiration of the certificate not later 

than 30 days after such change. This 

rulemaking is issued under authority 

found in Title 46 of the United States 

Code (U.S.C.) 2103. 

The Coast Guard finds that good cause 

exists under the Administrative 

Procedure Act, 5 U.S.C. 553, to dispense 

with notice and comment procedures. 

Prior notice and opportunity to 

comment on this rule are unnecessary 

under 5 U.S.C. 553(b)(3)(B) because 

Section 512 of the 2018 Act provides the 

Coast Guard no discretion in adopting 

the specific time frames for renewal of 

recreational vessel CODs. The 2018 Act 

does not allow for alternatives. It does 

not permit the Coast Guard to decide 

upon a different time frame for renewal, 

choose to adopt a different renewal 

period, or respond to public comments 

by modifying the substance of the rule. 

Soliciting public comment on the 

correct time period for COD renewal for 

a recreational vessel, or on the decision 

to update the regulations to comport 

with the statutory mandate, is 

unnecessary and would in fact be 

futile.2 It should be noted that the Coast 

Guard has already implemented the 

requirements of Section 512 of the 2018 

Act and is presently issuing multi-year 

CODs to recreational vessels of at least 

5 net tons. 

III. Background 

Section 512 of the 2018 Act directs 

how the Coast Guard must administer 

its certificate of documentation 

program, and this rule conforms 

sections in Title 46 of the Code of 

Federal Regulations (CFR) part 67 to 

reflect what is now the law. As 

described above, the Coast Guard finds 

that good cause exists to forego notice 

and comment rulemaking because the 

statute provides the Coast Guard with 

no discretion to exercise in response to 

comments. Accordingly, the Coast 

Guard did not issue a notice of proposed 

rulemaking. This final rule only amends 

the regulations so that they are in 

agreement with the requirements 

already in the law. 

The purpose of this final rule is to 

meet the Congressional mandate 

contained in Section 512 of the 2018 

Act, in which Congress requires the 

Coast Guard to issue recreational 

endorsements on CODs with a validity 

of 5 years. Additionally, the 2018 Act 

directs the Coast Guard to establish 

phased user fees for 5-, 4-, 3-, 2-, and 1- 

year recreational endorsements. After 

the phase-in period is complete, on 

December 31, 2021, applicants will only 

be able to apply for a 5-year recreational 

endorsement. 

In accordance with 46 U.S.C. 

12105(e)(2)(C), the cost of the user fee 

will be calculated by multiplying 5 

years by the recently established $26 

annual fee, for a total of $130.3 The 5- 

year fee is consistent with statute and 

will ensure that the Coast Guard collects 

the appropriate user fees, consistent 

with the cost to provide the service. The 

new fee for a 5-year recreational 

endorsement will be in addition to the 

fee collected for initial and exchanges of 

CODs. 

Lastly, this final rule repeats the 

requirement in the 2018 Act for vessel 

owners to notify the Coast Guard of each 

change in the information on which the 

issuance of the COD for the vessel is 

based, before the expiration of the COD 

and no later than 30 days after the 

change. The COD will terminate upon 

the expiration of the 30-day period if the 

owner has not notified the Coast Guard 

of changes within the 30-day timeframe. 

IV. Discussion of the Rule 

On March 3, 2015, the Coast Guard 

published a request for comments, 

specifically seeking input on increasing 

the validity period for renewing CODs, 

methods for doing so, and possibly 

updating the fee for services (80 FR 

11361). We received 2,844 comments in 

response to our notice, largely in 

support of a multiyear registration 

option. However, our request for 

comments was superseded by section 

311 of the Coast Guard Authorization 

Act of 2015 (Pub. L. 114–120), and again 

by the Frank LoBiondo Coast Guard 

Authorization Act of 2018 (Pub. L. 115– 

282), which specifically directed the 

Coast Guard to change the validity 

period of CODs for recreational vessels 

to a 5-year option only, after a 3-year 

phase-in period during which vessel 

owners could choose 1, 2, 3, 4, or 5 

years. 

There are no maritime safety or 

security reasons to change the 

recreational vessel COD validity from 1 

year to 5. However, Congress 

determined that a change in the validity 

was in the best interest of recreational 

vessel owners, and the Coast Guard is 

required to recoup the costs of 

providing a service.4 To ensure the 

appropriate user fees are collected for 5- 

year CODs, the Coast Guard will collect 

fees consistent with the annual cost 

multiplied by 5, as required by section 

512 of the 2018 Act. 

Currently, 46 CFR 67.163(a) states that 

all endorsements on a COD, including 

commercial vessel CODs, are valid for 1 

year. In this final rule, the Coast Guard 

is amending this section to reflect what 

is already stated in the 2018 Act: That 

only commercial vessel CODs are valid 

for one 1 year, and that recreational 

endorsements are valid for 5 years. 

Additionally, the amendment clarifies 

that a vessel with both recreational and 

commercial endorsements must renew 

annually. The Coast Guard is also 

amending § 67.163(b) to reflect the 

appropriate renewal application, as the 

currently listed form no longer exists. 

Lastly, as the 2018 Act requires, the 

Coast Guard is adding paragraph (c) to 

§ 67.163 to establish the 5-year renewal 

requirement and inform recreational 

vessel owners that they have the option 

to renew recreational endorsements for 

durations of 1, 2, 3, 4, or 5 years during 

the phase-in period. The ability for the 

owner to select validity is only in effect 

from January 1, 2019, to December 31, 

2021. 

The Coast Guard is amending § 67.317 

to reflect that recreational endorsements 

must be renewed every 5 years. The 

Coast Guard is also amending § 67.319 

to reflect that an owner of a vessel that 

has a change of information on which 

the issuance of the COD of the vessel is 

based must notify the Coast Guard of the 

change of information within 30 days, 

as is required by section 512 of the 2018 

Act. Furthermore, the Coast Guard is 

amending this section to reflect that the 

vessel’s COD will be terminated if the 

owner fails to notify the Coast Guard 

within 30 days of any changes on which 

the issuance of the COD is based. The 

Coast Guard is also amending § 67.515 

to remove the word ‘‘annual’’ in 

describing endorsement renewals. 

Finally, the Coast Guard is amending 

table 1 to § 67.550 to reflect the 

appropriate fee for a 5-year recreational 

endorsement, and the fees associated 

with the owner choosing to have a 

certificate issued or renewed for 1, 2, 3, 


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4, or 5 years from January 1, 2019, to 

December 31, 2021. 

V. Regulatory Analyses 

We developed this final rule to reflect 

current law, in accordance with 

numerous statutes and Executive orders 

related to rulemaking. Below, we 

summarize our analyses based on these 

statutes or Executive orders. 

A. Regulatory Planning and Review 

Executive Orders 12866 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. Executive 

Order 13771 (Reducing Regulation and 

Controlling Regulatory Costs) directs 

agencies to reduce regulation and 

control regulatory costs and provides 

that ‘‘for every one new regulation 

issued, at least two prior regulations be 

identified for elimination, and that the 

cost of planned regulations be prudently 

managed and controlled through a 

budgeting process.’’ 

The Office of Management and Budget 

(OMB) has not designated this rule a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866. 

Accordingly, OMB has not reviewed it. 

DHS considers this rule to be an 

Executive Order 13771 deregulatory 

action. See the OMB Memorandum 

titled ‘‘Guidance Implementing 

Executive Order 13771, titled ‘Reducing 

Regulation and Controlling Regulatory 

Costs’ ’’ (April 5, 2017). Details on the 

estimated cost savings of this final rule 

can be found in the rule’s regulatory 

analysis (RA) that follows. 

Following guidance in OMB Circular 

A–4, we assess the impacts of this rule 

against a no-action baseline as well as 

a pre-statutory baseline. The no-action 

baseline is an assessment against what 

the world would be like if the rule is not 

adopted. The pre-statutory baseline is 

an assessment against what the world 

would be like if the relevant statute had 

not been adopted. 

This final rule will codify 

requirements in the 2018 Act that 

established a new schedule for the 

renewal of CODs for owners of 

recreational vessels of at least 5 net tons. 

Since the final rule does not add any 

new requirements beyond what is 

already required and implemented 

under the 2018 Act, under a no-action 

baseline, its total impacts on costs, cost 

savings, and benefits is zero. 

We also present impacts of the final 

rule based on a pre-statutory baseline. In 

other words, in the analysis that 

follows, we present the impacts of the 

2018 Act by comparing the 

requirements of this rule to a baseline 

prior to implementation of the 2018 Act. 

Summary of Impacts (Pre-Statutory 

Baseline) 

Prior to the 2018 Act, CODs were 

effective for one year. The 2018 Act, 

codified by this rule, creates savings due 

to a reduction in the time necessary for 

the submission and approval of COD 

renewals. We anticipate that 

approximately 165,309 recreational 

vessel owners will be affected annually. 

In addition, the Government will be 

affected because the number of annual 

renewals the Coast Guard processes will 

decline. We estimate that the industry 

for recreational vessel owners of vessels 

of at least 5 net tons will see a savings 

of $696,727 annualized over 10 years, 

and the Coast Guard will reduce 

spending on administrating COD 

renewals by an annualized amount of 

approximately $997,345. Both cost 

savings are in $2018, discounted at 7 

percent. We estimate the annualized 

cost savings to industry and the 

Government combined to be 

approximately $1.7 million, discounted 

at 7 percent. 

Table 1 presents a summary of the 

economic impacts. We provide a 

detailed description of the estimates in 

the next section of this analysis. 

TABLE 1—SUMMARY OF THE ECONOMIC IMPACT

[Pre-statutory baseline] 

Description Affected population Cost Cost savings Benefits 

Require owners of recreational vessels of at 

least 5 net tons to renew CODs every 5 

years, thereby making CODs effective for 

a 5-year term instead of a 1-year term.

Estimated average 

annual population 

over a 10-year period of analysis of 

owners of recreational vessels affected by the 2018 

Act (and codified by 

this regulation) is 

165,309 vessels.

The 2018 Act will not 

impose any cost 

burden on industry.

The affected industry 

will see a 10-year 

annualized savings 

of $696,727. In addition, the government will see a 10- 

year annualized 

savings of 

$997,345; both estimates are discounted at 7 percent.

The restructuring of CODs from an annual 

renewal to a 5-year renewal period will reduce the industry’s annual time burden for 

submitting COD applications. In addition, 

the Government will benefit due to a reduction in the amount of applications 

processed annually. 

Vessel owners are currently required to update changes that impact information attested to on the COD. Since the 2018 Act 

requires renewal every 5 years instead of 

annually, a provision within this final rule 

is clarifying that owners need to amend 

any changes to CODs within 30 days of 

said changes occurring.

Recreational vessel 

owners impacted by 

the 2018 Act would 

be affected by the 

provision in 

§ 67.319 of this final 

rule.

No cost. This is clarifying a requirement 

to keep COD information current and 

will not impose any 

cost burden.

There are no savings 

associated with this 

provision.

There are no benefits associated with this 

provision, other than clarifying when 

changes to COD information must be addressed. 

The fee schedule in Table 1 in § 67.550 provides owners with information about the 

applicable fees for obtaining the CODs for 

their vessels.

The affected population is those owners under 46 CFR 

part 67, subpart Y.

No cost. This clarifies 

information about 

the fees associated 

with CODs.

No savings. This is 

clarification only.

There are no benefits associated with the 

updated table. It is updating the cost 

schedule to account for the change to a 

5-year renewal. 

The 2018 Act requires owners of 

recreational vessels of at least 5 net tons 

to renew their CODs every 5 years. 

Owners were to begin phase-in starting 

January 1 of 2019. 

Population 

We estimate that there are an average 

of 162,647 recreational vessels in 


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5 Information pertaining to the historical data can 

be found in the Appendix, under the supporting 

documents in the docket, where indicated in the 

ADDRESSES portion of the preamble. The data for 

2013 to 2017 is as follows: 171,293; 160,669; 

156,552; 155,221; 167,810. 

6The Coast Guard has collected 2019 data about 

the behavior of owners towards selecting a new 

renewal period. However, the data was too 

incomplete to formulate an accurate representation 

of the affected population’s choices in that year. In 

addition, because 2019 is the only year for which 

the Coast Guard has information, this data does not 

provide enough information (statistically) to 

develop a trend analysis to project actual changes 

in behavior. Therefore, we have elected to proceed 

with analyzing this regulatory assessment by 

equally dividing the affected population over a 5- 

year period, resulting in 80% of the annual 

population not renewing their CODs in a given year. 

7Further information can be found in the 

Appendix, under supporting documents in the 

docket, where indicated in the ADDRESSES portion 

of the preamble. 

service in a given year that have a COD. 

The certification and documentation of 

recreational vessels comes with rights as 

well as responsibilities that entitle 

vessel owners the protection under the 

U.S. flag. 

There are two reasons for 

documenting a recreational vessel. The 

first reason is voluntary, for qualified 

recreational vessels that are at least 5 

net tons, thereby granting them 

protection under the U.S. flag. The 

second reason is to satisfy mortgage 

lender requirements. 

Documenting recreational vessels 

occurs according to five criteria: 

(1) As a result of the initial 

documentation of a newly produced 

vessel (not documented); 

(2) As a result of the initial 

documentation of a newly acquired 

existing vessel, not previously 

documented; 

(3) As an exchange of the vessel from 

one party to another; 

(4) As a reinstatement or replacement 

of a vessel; or 

(5) As a return to documentation of a 

vessel. 

The data used to formulate the 

affected population is provided by the 

Coast Guard’s National Vessel 

Documentation Center (NVDC), which is 

the approving authority for the issuance 

of CODs. The NVDC provides CODs 

according to the criteria presented 

above. The information we present in 

this analysis uses NVDC data for the 

affected population over a 5-year period, 

from 2013 to 2017.5 Based on this data, 

we estimate the average existing number 

of owners obtaining CODs in a given 

year to be 162,309, of which 7,402 (or 

4.6 percent) are initial CODs. We 

assume this is the number of CODs that 

would have been renewed annually in 

the absence of the 2018 Act. 

To estimate the number of CODs for 

new vessels entering into use each year, 

we use the NVDC data to estimate the 

number of new owners requesting initial 

CODs as a percent of total CODs. We 

base our estimate on 4.6 percent, as this 

represents the average increase of CODs 

(7,402 [average number of initial CODs] 

divided by 162,309 [average total 

number of CODs]). 

The number of new vessels entering 

into use will vary slightly every year. 

However, based on historical data, we 

can expect their average annual rate to 

converge to a steady figure. Assuming 

this subset (new vessel CODs) of initial 

CODs is, on average, consistent with the 

average increase of the total COD 

population (4.6 percent annually), we 

can then assume that, on an annual 

basis, 338 new vessels owners will 

request CODs each year (7,402 average 

initial CODs multiplied by 4.6 percent). 

We then add 338 to 162,309 to obtain 

162,647, the average total population of 

CODs. We use this total population 

estimate to derive the number of CODs 

that will not need to renew as a result 

of the 2018 Act (which is codified by 

this regulation). As is presented in the 

cost savings section below, this annual 

estimate varies per year according to the 

five different annual certification 

criteria and the 3-year phase-in period. 

Cost Savings 

Industry Assessment 

As a result of the 2018 Act, the Coast 

Guard will no longer require owners of 

recreational vessels to renew their CODs 

annually. Therefore, the 2018 Act will 

not impose any cost; only cost savings 

will be realized by the affected 

population. 

As of January 1, 2019, owners have 

been able to select a renewal period of 

multiple years, up to a limit of 5 years. 

This cost savings assessment outlines 

the Coast Guard’s anticipated industry 

adaptation of moving to a 5-year 

renewal period. 

The 2018 Act provides that vessel 

owners will have 3 years (starting 

January 1, 2019 and ending December 

31, 2021) to select a timeframe for COD 

renewal that does not exceed 5 years. 

Hence, vessel owners can choose any 

timeframe from 1 to 5 years during this 

3-year period. Beginning January 1, 

2022, all recreational CODs will be 

renewed with a validity period of 5 

years. Therefore, in order to formulate 

the best approximation of how owners 

will select their renewal periods during 

the phase-in period, we make the 

assumption that equal portions of the 

affected population selected a renewal 

period of 1 to 5 years in 2019. 

Since the Coast Guard is unable to 

determine individual preferences 

regarding how owners will choose a 

renewal term during the phase-in 

period, our methodology anticipates 

cost savings throughout a 10-year period 

of analysis (2019–2028).6 We begin by 

acknowledging that all active CODs had 

to be renewed in 2019. Therefore, when 

renewing or receiving an initial COD in 

2019, all made a decision as to when 

they would renew their next COD. 

Accordingly, for the first year of the 10- 

year assessment period, 2019, no one 

within the affected population received 

any savings.7 Therefore, savings begin 

in 2020. 


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8Because we are unable to determine how or why 

owners make their financial decisions, we assume 

that groups A and B are not inclined to make a longterm commitment (beyond year 2021) due to 

projected or un-projected future financial plans. 

Therefore, we assume that short-term financial 

decisions will direct them to select a shorter term 

of 1 or 2 years. For the years following 2021, we 

assume renewals will be conducted every 5 years. 

For this illustrative analysis, we break down the 

renewals in equal annual portions over the five-year 

period. However, the Coast Guard recognizes that 

renewal numbers could vary over the 5-year period 

for several reasons, including the possibility the 

owners could get rid of their vessels prior to the 

renewal term. 

9An expanded population matrix appears in the 

appendix, which can be found in the supporting 

documents in the docket, where indicated under 

the ADDRESSES portion of this preamble. 10 Information about the wage rates for 

Transportation, Storage and Distribution Managers 

(11–3071) can be found at https://www.bls.gov/oes/ 

2018/may/oes113071.htm. 11A loaded wage rate is what a company pays per 

hour to employ a person, not the hourly wage the 

employee receives. The loaded wage rate includes 

the cost of benefits (health insurance, vacation, 

etc.). 12From the BLS, Employer Cost for Employee 

Compensation survey. The load factor for wages is 

calculated by dividing total compensation by wages 

and salaries. For this report, we used the 

Transportation and Materials Moving Occupations, 

Private Industry report (Series IDs, 

CMU2010000520000D and CMU2020000520000D 

for Total Compensation and Wages and Salaries, 

respectively, not seasonally adjusted) for all 

workers using the multi-screen data search. Using 

2018 4th quarter data, we divide $29.53/$19.42 to 

obtain a load factor of 1.52. See https://data.bls.gov/ 

cgi-bin/dsrv?cm. 

13The NVDC provided their assessment on 

renewal submissions that will be received via 

internet. 

To conduct this assessment, we create 

five subcategories (divided equally) of 

the affected population, and assign each 

category a specific year for renewal. Any 

owner who selects a timeframe for 

renewal greater than 2 years, or beyond 

2021 (60 percent of the affected 

population), will have their follow-on 

renewals occurring every 5 years after 

their initial renewal choice. However, 

we assume that those who select a 

timeframe of 1 or 2 years (which we 

refer to as groups A and B), will not 

necessarily renew their CODs in 5 years. 

Since groups A and B have chosen the 

option of renewing in 1 or 2 years, 

which falls within the phase-in period, 

they will be given another opportunity 

to select a renewal period of 1 to 5 years 

at the time of their renewal.8 Since 

groups A and B will, again, have the 

option of selecting a renewal period of 

1 to 5 years, we again partition, within 

each group, equal portions of owners 

selecting 1 to 5 years renewal. Once an 

individual in group A and B selects a 

renewal period that goes beyond 2021, 

their follow-up renewal will occur on a 

5-year renewal cycle. In Table 2 we 

present a summary outline as to how we 

estimate the number of non-renewals 

occurring during a 10-year period of 

analysis. Further details about how we 

estimated the number of renewals and 

avoided renewals can be found in the 

Appendix, under supporting documents 

in the docket, where indicated in the 

ADDRESSES portion of the preamble. 

TABLE 2—SUMMARY OF POTENTIAL NON-RENEWING COD POPULATION OVER 10-YEAR PERIOD OF ANALYSIS 9

[Pre-statutory baseline] 

Potential non-renewing population 

Phase-in period 5-year renewal period 

2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 

COD applications under the baseline (A) ...................................... 162,647 162,647 162,647 162,647 162,647 162,647 162,647 162,647 162,647 162,647 

COD applications under the 2018 

Act (B) ....................................... 162,647 32,867 39,441 47,329 47,329 47,329 14,800 8,226 47,667 47,667 

Avoided COD applications (A–B) 0 129,780 123,206 115,317 115,317 115,317 147,846 154,421 114,978 114,979 

Note: Values may not add due to rounding. 

The summary in Table 2 provides an 

approach as to how industry may react 

to the changes in the renewal process. 

In addition, it provides the affected 

population, which serves as a basis for 

cost savings throughout the 10-year 

period of analysis. 

All savings realized will be 

administrative, from the perspective of 

vessel owners and the Government. 

Because the 2018 Act changed annual 

renewals to a 5-year renewal period, 

owners will spend less time submitting 

paperwork for renewing their CODs. In 

addition to the savings that owners will 

receive, the industry as a whole will see 

a reduction in paperwork (see 

Paperwork Reduction Act in section V. 

D of the preamble to this final rule). 

In order to obtain a wage rate for our 

calculations, to determine the amount of 

savings incurred by this rulemaking, we 

first identify the individual(s) who 

submit the renewal form (CG–1280) to 

the Coast Guard. Using the 2018 wage 

rate data from the Bureau of Labor 

Statistics (BLS) website, we obtain the 

employee wage that most resembles the 

persons tasked with renewing CODs as 

Transportation Employment, Storage 

and Distribution Managers (OES code 

11–3071). The mean hourly wage rate 

associated with this profession, as 

reported by BLS, is $49.45 per hour.10

In order to account for employee 

benefits, we apply a load factor to the 

mean hourly wage rate. We calculate the 

load factor from BLS’s Employer Cost 

for Employee Compensation survey and 

apply it to the mean hourly wage rate to 

obtain a fully loaded wage rate, which 

more accurately represents the 

employers’ cost per hour for employees’ 

work.11 The load factor we used for this 

economic assessment is 1.52.12 The 

loaded mean hourly wage rate we used 

to assess the savings estimates is 

calculated at $75.16 ($49.45 multiplied 

by 1.52). From the Supporting Statement for 

Vessels Documentation collection of 

information (OMB Control No. 1625– 

0027), we obtain the amount of time (or 

time burden) necessary for filling out 

the renewal documentation as 5 

minutes. Applicants may submit the 

renewal form CG 1280 through regular 

postal service or through the internet. 

For the proportion of those submitting 

form CG–1280 through the internet, 

annual renewal is about 28 percent 13 of 

the affected population, while the 

remaining 72 percent continue utilizing 

the postal service for their submissions. 

We estimate that the cost of submitting 

a renewal form via postal service is 0.55 

cents (the cost of a first-class postage 

stamp), while those who submit the 

form through the internet incur no 

additional mailing costs. There are no 

associated savings with submitting the 

form online, as we assume that for those 

choosing that method, internet service is 

an established part of business 

operations. 


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14 In 2019, all CODs were still affected by premandated regulations, which means all CODs were 

renewed. For more information on the distribution 

of the population, please see the Appendix in the 

docket. 

TABLE 3—SUMMARY OF VALUES USED TO FORMULATE SAVINGS

[Pre-statutory baseline] 

Burden hours HR 

equivalent 

From collection of information .................................................... 5 Min .......................................................................................... 0.08 

YR–2018 ..................................................................................... Hourly Wage .............................................................................. $49.45 

Load Rate .................................................................................. 1.52 

Total Wage Rate ........................................................................ $75.16 

Submission Cost ........................................................................ ** $0.55 

Percent of Submission ............................................................... 100% 

Letter Carrier .............................................................................. 72% 

Via Internet ................................................................................. 28% 

** This cost is only associated with submission of the renewal documentation via letter carrier. 

We estimate the savings of this 10- 

year assessment by combining the 

information found in Tables 2 and 3. 

From Table 2, we anticipate how 

industry will react to changes in the 

certification renewal process. Therefore, 

the calculations for determining savings 

are as follows: Since the number of 

affected population throughout the 10- 

year assessment is not uniform, we 

utilize a sample year to explain how we 

obtain savings. From table 2, we use the 

year 2024 as an example. We estimate 

the number of the affected population 

for 2024 not renewing their CODs to be 

about 115,317. The amount of cost 

savings associated with not having to 

fill out the request for certification, per 

person, is estimated at $6.01 ($75.16 

loaded wage rate multiplied by 0.08 

time burden associated with filling out 

documentation). Multiplying the 

affected population in 2024 by the 

potential savings of $6.01 due to the 

reduction in time burden results in 

administrative savings for that year of 

$693,061. We then account for the cost 

of submitting the application, at $0.55 

for 72 percent of the population in that 

year, adding an additional cost savings 

of about $45,666 (72 percent of 115,317 

[the affected population in 2024] equals 

83,029 multiplied by $0.55 [the cost of 

a first-class stamp]). The resulting total 

cost savings for year 2024 is 

approximately $738,723 (nondiscounted). Table 4 provides a 10-year 

summary of cost savings that industry 

will realize. 

TABLE 4—SUMMARY OF 10-YEAR ASSESSMENT OF INDUSTRY COST SAVINGS, IN $2018 

[Pre-statutory baseline] 

Year Cost savings 

non-discounted 

Cost savings 

discounted 3% 

Cost savings 

discounted 7% 

2019 ......................................................................................................................................... No savings in first year 

2020 ......................................................................................................................................... $831,371 $783,647 $726,151 

2021 ......................................................................................................................................... 789,251 722,277 644,264 

2022 ......................................................................................................................................... 738,721 656,344 563,566 

2023 ......................................................................................................................................... 738,723 637,229 526,700 

2024 ......................................................................................................................................... 738,723 618,669 492,243 

2025 ......................................................................................................................................... 947,104 770,082 589,809 

2026 ......................................................................................................................................... 989,211 780,892 575,730 

2027 ......................................................................................................................................... 736,549 564,504 400,634 

2028 ......................................................................................................................................... 736,558 548,069 374,429 

Total .................................................................................................................................. 7,246,212 6,081,712 4,893,526 

Annualized ........................................................................................................................ ............................ 712,962 696,727 

Note: Values may not add due to rounding. 

Summarizing Table 4, we note that 

industry will not incur any cost savings 

during the first year of our assessment, 

since the entire affected population had 

to renew in 2019 and, in that year, make 

a determination regarding their next 

renewal date.14 However, after the first 

year, industry will begin to realize 

savings due to the extended renewal 

period provided by the 2018 Act. We 

estimate that the total 10-year savings is 

$4.9 million, and the annualized savings 

is $0.697 million, both discounted at 7 

percent. 

Government Assessment 

The 2018 Act also affects the Federal 

government by reducing the amount of 

renewal applications it will process in 

a given year. The anticipated reduction 

in the administration of renewal 

applications is correlated to the 

anticipated reduction in the number of 

the affected population renewing their 

CODs in a given year. The Government’s 

reduction in approved certification will 

follow the data found in Table 2. 

The COD approval is a two-phase 

process, in which the Government 

initiates, as a courtesy, the renewal 

process, and then, in the processing 

phase, issues the CODs to vessel 

owners. The first phase, initiating a 

request for vessel owners to renew their 

annual CODs, is accomplished by 

sending CG–1280 Vessel Renewal 

Notification Application for Renewal 

mailers to vessel owners approximately 

45 days prior to the expiration date of 

their current CODs. The first step of this 

phase is to determine who is eligible for 

renewal and to remind current COD 

holders that their COD is expiring 


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15The NVDC provided the information pertaining 

to government expenditure from a draft study they 

commissioned through an independent third party. 

At the time of publishing this assessment, the 

document has not been made available to the 

public. 

16The NVDC provided the information pertaining 

to government expenditure from a draft study they 

commissioned from an independent third party. At 

the time of publishing this assessment, the 

document has not been made available to the 

public. 

17 Ibid. 

18The estimated cost was obtained by combining 

the administrative cost of a Clerk 1, $5.40 ($.60 

wage per minute multiplied by 9 minutes of 

administrative time), and a Clerk 2, $.72 ($.72 wage 

rate per minute multiplied by 1 minute of 

administrative time). Total administrative cost 

burden is $6.12 ($5.40 plus $.72) per applicant. 

within 45 days. Once that is 

accomplished, all material relating to 

renewal notices, to include metered 

mail, is processed and sent to vessel 

owners. In the second step, the 

Government receives the application 

packet from owners, which is reviewed 

and approved prior to issuance of the 

COD. 

The Government employees assigned 

the duties of initiating renewal notices 

are classified as GS–5 and GS–7- 

employees. Subject matter experts 

(SMEs) estimate the individual cost of 

sending a renewal notice at 

approximately $3.05.15 To estimate the 

annual reduction in cost to the 

Government, we multiply the individual 

cost of annual notifications by the 

number of vessel owners not submitting 

annual renewals in a given year. Table 

5 shows the estimated cost savings, per 

year, that the Government will realize 

from a reduction in the annual number 

of notifications sent out to owners of 

recreational vessels. 

TABLE 5—ESTIMATED GOVERNMENT

SAVINGS FOR INITIATING COD RENEWALS IN $2018 

[Pre-statutory baseline] 

Year 

Estimated 

reduction in 

applications 

Government 

savings 

non-discounted 

2019 ...... 0 0 

2020 ...... 129,780 $395,829 

2021 ...... 123,205 375,775 

2022 ...... 115,317 351,717 

2023 ...... 115,317 351,718 

TABLE 5—ESTIMATED GOVERNMENT

SAVINGS FOR INITIATING COD RENEWALS IN $2018—Continued 

[Pre-statutory baseline] 

Year 

Estimated 

reduction in 

applications 

Government 

savings 

non-discounted 

2024 ...... 115,317 351,718 

2025 ...... 147,846 450,932 

2026 ...... 154,419 470,979 

2027 ...... 114,978 350,683 

2028 ...... 114,979 350,687 

Total .. ........................ 3,450,039 

Note: Values may not add due to rounding. 

The second phase of the process 

involves the Government receiving the 

renewal applications from vessel 

owners, processing those applications, 

and then issuing the CODs. The 

Government employees responsible for 

reviewing the applications and granting 

CODs are also classified as GS–5 and 

GS–7 employees. According to data 

provided by the SME, it takes a GS–5 9 

minutes to process a renewal 

application, at a cost of $5.40 per 

renewal.16 Additionally, it takes a GS– 

7 approximately 1 minute to approve a 

COD, at a cost of $0.72 per renewal 

request.17 The individual cost of 

finalizing the renewal process, to 

include mailing the certificates, is 

estimated at $6.12 per renewal.18 The 

savings that the Government will realize 

from approving and issuing CODs will 

be the number of owners not submitting 

COD renewals in a given year. Table 6 

shows the estimated savings, annually, 

that the Government will realize from a 

reduction in processing renewal 

applications. 

TABLE 6—ESTIMATED GOVERNMENT

SAVING FOR PROCESSING AND

GRANTING COD RENEWALS IN

$2018 

[Pre-statutory baseline] 

Year 

Estimated 

reduction in 

applications 

received 

Cost savings 

non-discounted 

2019 ...... 0 0 

2020 ...... 129,780 $794,254 

2021 ...... 123,205 754,015 

2022 ...... 115,317 705,740 

2023 ...... 115,317 705,743 

2024 ...... 115,317 705,743 

2025 ...... 147,846 904,820 

2026 ...... 154,419 945,047 

2027 ...... 114,978 703,665 

2028 ...... 114,979 703,674 

Total .. ........................ 6,922,700 

Note: Values may not add due to rounding. 

We estimate the 10-year combined 

(initial phase and processing phase) cost 

savings that the Government will realize 

at $10,372,739 (non-discounted). We 

estimate the total discounted cost 

savings at $7,004,938, and annualized 

cost savings of $997,345, both 

discounted at 7 percent. Table 7 shows 

the total estimated Government cost 

savings over the 10-year period of 

analysis. 

TABLE 7—ESTIMATED TOTAL GOVERNMENT COST SAVING, IN $2018 

[Pre-statutory baseline] 

Year Non-discounted 

cost savings 3% 7% 

2019 ......................................................................................................................................... No savings first year 

2020 ......................................................................................................................................... $1,190,083 $1,121,766 $1,039,464 

2021 ......................................................................................................................................... 1,129,790 1,033,917 922,245 

2022 ......................................................................................................................................... 1,057,457 939,536 806,729 

2023 ......................................................................................................................................... 1,057,461 912,175 753,955 

2024 ......................................................................................................................................... 1,057,461 885,606 704,631 

2025 ......................................................................................................................................... 1,355,752 1,102,350 844,294 

2026 ......................................................................................................................................... 1,416,026 1,117,824 824,140 

2027 ......................................................................................................................................... 1,054,348 808,070 573,496 

2028 ......................................................................................................................................... 1,054,361 784,543.93 535,984 

Total .................................................................................................................................. 10,372,739 8,705,792 7,004,938 

Annualized ........................................................................................................................ ............................ 1,020,584 997,345 

Note: Values may not add due to rounding. 


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The total 10-year combined (industry 

and Government) cost savings is 

estimated at $17,618,951, nondiscounted, with an annualized savings 

of $1,694,073, discounted at 7 percent. 

Table 8 provides the total annual 

estimated cost savings that the Act will 

provide to the affected stakeholders. 

TABLE 8—TOTAL COST SAVINGS IN $2018 

[Pre-statutory baseline] 

Year 

Vessel 

owners not 

submitting 

renewals 

Cost savings 3% 7% 

2019 ................................................................................................................. No savings in first year 

2020 ................................................................................................................. 129,780 $2,021,453 $1,905,414 $1,765,616 

2021 ................................................................................................................. 123,205 1,919,041 1,756,194 1,566,509 

2022 ................................................................................................................. 115,317 1,796,178 1,595,881 1,370,295 

2023 ................................................................................................................. 115,317 1,796,184 1,549,404 1,280,655 

2024 ................................................................................................................. 115,317 1,796,184 1,504,276 1,196,874 

2025 ................................................................................................................. 147,846 2,302,856 1,872,433 1,434,103 

2026 ................................................................................................................. 154,419 2,405,237 1,898,716 1,399,870 

2027 ................................................................................................................. 114,978 1,790,897 1,372,574 974,129 

2028 ................................................................................................................. 114,979 1,790,920 1,332,612 910,413 

Total .......................................................................................................... ........................ 17,618,951 14,787,504 11,898,463 

Annualized ................................................................................................ ........................ ........................ 1,733,546 1,694,073 

Note: Values may not add due to rounding. 

In addition to estimating the normal 

savings for this rule, we use the 

perpetual period of analysis for 

observing the long-term affect this 

assessment will have on the affected 

population. Therefore, we estimate the 

total annualized cost savings of the 2018 

Act at $1.49 million in 2016 dollars, 

using a 7-percent discount rate. 

Final Rule Regulatory Impacts 

As previously stated, under a noaction baseline, this final rule produces 

no impact on the regulated industry. 

The rule is merely harmonizing current 

practices implemented by the 2018 

Authorization Act with 46 CFR part 67. 

The impacts presented above are 

measured against a pre-statutory 

baseline and represent the result of the 

2018 Act, which this rule codifies. 

Alternatives 

The Coast Guard did not examine any 

alternatives for this final rule as this 

rule is mandated by Congress under the 

Coast Guard Authorization Act of 2018. 

The 2018 Act requires that Coast Guard 

issue recreational Certificates of 

Documentation with a validity of 5 

years, thereby reducing the amount of 

annual reporting burden vessel owners 

incur each year. The Coast Guard is 

promulgating this rule to comply with 

statute and may not adopt a different 

renewal period or pursue any other 

alternatives. 

B. Small Entities 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. This 

rule is not preceded by a notice of 

proposed rulemaking and is, therefore, 

exempt from the requirements of the 

Regulatory Flexibility Act (5 U.S.C. 

601–612). The Regulatory Flexibility 

Act does not apply when notice and 

comment rulemaking is not required. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Public Law 104– 

121, we want to assist small entities in 

understanding this rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking. If the rule 

will affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this rule. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this rule or any policy or action of the 

Coast Guard. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). 

D. Collection of Information 

This final rule codifies the 2018 Act, 

which results in a change to an existing 

collection of information under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501–3520. As defined in 5 CFR 

1320.3(c), ‘‘collection of information’’ 

comprises reporting, recordkeeping, 

monitoring, posting, labeling, and other 

similar actions. The title and 

description of the information 

collections, a description of those who 

must collect the information, and an 

estimate of the total annual burden 

follow. The estimate covers the time for 

reviewing instructions, searching 

existing sources of data, gathering and 

maintaining the data needed, and 

completing and reviewing the 

collection. 

Title: Vessel Documentation. 

OMB Control Number: 1625–0027. 

Summary of the Collection of 

Information: This final rule, by 

harmonizing with the 2018 Act, 

modifies the existing Certification of 

Documentation (COD) reporting and 

recordkeeping requirements in 

§ 67.163(c), which will amend current 

reporting. The current regulation 

requires owners of recreational vessels 

of at least 5 net tons to renew their 

CODs annually. This final rule will 

codify current industry practice as of 

January 1, 2019 and will require 


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recreational vessel owners to convert 

from an annual renewal period to a 5- 

year renewal period. 

Need for Information: The 

information is being collected for two 

reasons: (1) The documenting of a U.S. 

vessel comes with rights as well as 

responsibilities, which entitle the vessel 

owners protection under the U.S. flag; 

(2) vessel documentation is a 

requirement in satisfying mortgage 

lender requirements. 

Proposed Use of Information: The 

collection of this information is 

maintained by the Coast Guard as a 

matter of record for identifying vessels 

that will be entitled to protection under 

U.S. flag. In addition, the certification of 

a vessel is an obligation to be performed 

by the vessel owners as part of a 

financial agreement they have entered 

into with a mortgage company. 

Description of the Respondents: The 

respondents are the owners of 

recreational vessels of at least 5 net tons 

that choose to document their vessels or 

are required to document their vessels 

due to financial obligations, which a 

financial institution may require when a 

borrower takes out a loan for the 

purchase of a vessel. 

Number of Respondents: The total 

number of respondents affected is 

estimated at 162,309, plus an estimated 

average of 338 new vessels obtaining 

CODs each year. 

Frequency of Response: The final rule 

codifies the 2018 Act that converts the 

annual renewal of CODs to a 5-year 

renewal, reducing the frequency of 

responses in any given year. From 

January 1, 2019 to December 31, 2021, 

owners are allowed to choose their 1 to 

5-year renewal period. As of January 1, 

2022, owners will only be allowed to 

apply for 5-year CODs. However, during 

the first year (2019), 100 percent 

(162,647) of the affected population 

sought COD renewals for their vessels. 

From 2020 on, we take the anticipated 

annual 9-year average to estimate the 

potential reduction in frequency of 

responses required from this 

information collection request. Hence, 

we estimate the average number of 

responses annually will be reduced 

from 189,614 to 63,930. 

Burden of Response: This final rule 

codifies the 2018 Act and, as a result, 

will reduce the burden of renewing 

annual CODs to a 5-year renewal period. 

Therefore, reduction in time for 

submitting renewal application forms 

will decrease by approximately 10,061 

hours. 

Estimate of Total Annual Burden: The 

annual reduction in burden is estimated 

as follows: 

(a) Annual reduction in burden 

resulting from converting annual 

reporting requirement for recreational 

vessel of at least 5 net tons to a 5-year 

renewal period: The final rule codifies 

the 2018 Act that will reduce the 

number of CODs requested and 

approved annually. We estimate that it 

takes 5 min (0.08 equivalent hours) to 

send in a vessel documentation renewal. 

We estimate the total average annual 

burden or hour reduction for those 

vessel owners who will not be required 

to renew their documentation to be 

10,054 hours (125,684 * 0.08 hours). 

(b) The total reduction in annual 

burden hours due to the conversion 

from an annual renewal to a 5-year 

renewal period: This final rule will 

result in an estimated average annual 

reduction in total burden hours in the 

collection of information from 11,373 to 

1,319. 

As required by 44 U.S.C. 3507(d), we 

will submit a copy of this final rule to 

OMB for its review of the collection of 

information. You are not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

E. Federalism 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism) if it has a substantial direct 

effect on States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under Executive 

Order 13132 and have determined that 

it is consistent with the fundamental 

federalism principles and preemption 

requirements described in Executive 

Order 13132. Our analysis follows. 

As explained in Sections II and III 

above, this rulemaking is needed to 

conform the regulations to the existing 

law as amended by the 2018 Act. The 

2018 Act requires the Coast Guard to 

issue CODs for recreational vessels with 

a period of validity of 5 years, following 

a phase-in period. The 2018 Act 

prescribes how the cost of the renewal 

of such a recreational endorsement must 

be calculated in both the phase-in 

period and thereafter. It also requires 

vessel owners to notify the Coast Guard 

of each change in the information on 

which the issuance of the COD for the 

vessel is based, before the expiration of 

the COD and no later than 30 days after 

the change. The 2018 Act also requires 

that a COD will terminate upon the 

expiration of the 30-day period if the 

owner has not notified the Coast Guard 

of changes within the 30-day timeframe. 

Documentation under chapter 121 of 

title 46, United States Code, including 

under 46 U.S.C. 12105 as amended by 

the 2018 Act (see amendments 

described in the preceding paragraph), 

is the means by which the Federal 

government allows a vessel to operate in 

certain trades, establishes vessel 

nationality, and enables a vessel to be 

subject to preferred mortgages. It is well 

settled that States may not regulate in 

categories reserved by Congress for 

regulation by the Coast Guard. It also is 

well settled that all the categories 

regulated under 46 U.S.C. 2103, 3103, 

3306, 3703, 4102, 4502, 7101, and 8101 

(design, construction, alteration, repair, 

maintenance, operation, equipping, 

personnel qualification, and manning of 

vessels), as well as any other category in 

which Congress intended the Coast 

Guard to be the sole source of a vessel’s 

obligations, are within the field 

foreclosed from regulation by the States. 

See the Supreme Court’s decision in 

United States v. Locke and Intertanko v. 

Locke, 529 U.S. 89, 120 S.Ct. 1135 

(2000). This rule implements changes 

made by Congress to the comprehensive 

federal vessel documentation 

requirements of 46 U.S.C. ch. 121, over 

which Congress clearly has granted the 

Coast Guard, via delegation from the 

Secretary, exclusive authority. 

Therefore, because the States may not 

regulate within this category, this rule is 

consistent with the fundamental 

federalism principles and preemption 

requirements described in Executive 

Order 13132. 

While it is well settled that States may 

not regulate in categories in which 

Congress intended the Coast Guard to be 

the sole source of a vessel’s obligations, 

the Coast Guard recognizes the key role 

that State and local governments may 

have in making regulatory 

determinations. The Coast Guard values 

the input of State and local governments 

in such matters. 

F. Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. 1531–1538, requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Although this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

G. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 


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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 5031 

taking implications under Executive 

Order 12630 (Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights). 

H. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988 (Civil Justice Reform) to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

I. Protection of Children 

We have analyzed this rule under 

Executive Order 13045 (Protection of 

Children from Environmental Health 

Risks and Safety Risks). This rule is not 

an economically significant rule and 

will not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

J. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175 (Consultation and Coordination 

with Indian Tribal Governments), 

because it will not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

K. Energy Effects 

We have analyzed this rule under 

Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use). We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act, codified as a 

note to 15 U.S.C. 272, directs agencies 

to use voluntary consensus standards in 

their regulatory activities unless the 

agency provides Congress, through 

OMB, with an explanation of why using 

these standards would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

specifications of materials, performance, 

design, or operation; test methods; 

sampling procedures; and related 

management systems practices) that are 

developed or adopted by voluntary 

consensus standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev. 1, 

associated implementing instructions, 

and Environmental Planning 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321–4370f), and 

have made a determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

This rule is categorically excluded 

under paragraph L57 of Appendix A, 

Table 1 of DHS Instruction Manual 023– 

01–001–01, Rev 1. Paragraph L56 

pertains to documentation of vessels. 

This rule involves extending the 

validity of a recreational vessel 

endorsement on a Certificate of 

Documentation. 

List of Subjects in 46 CFR Part 67 

Reporting and recordkeeping 

requirements, Vessels. 

For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR part 67 as follows: 

PART 67—DOCUMENTATION OF 

VESSELS 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 4 U.S.C. 664; 31 U.S.C. 9701; 

42 U.S.C. 9118; 46 U.S.C. 2103, 2104, 2107, 

12102, 12103, 12104, 12105, 12106, 12113, 

12133, 12139; Department of Homeland 

Security Delegation No. 0170.1. 

■ 2. Amend § 67.163 by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Revising paragraph (b); and 

■ c. Adding paragraph (c). 

The revisions and addition read as 

follows: 

§ 67.163 Renewal of endorsement. 

(a) Requirement for renewal of 

endorsement. Endorsements on 

Certificates of Documentation are valid 

for 1 year, except for Recreational 

Endorsements on Certificates of 

Documentation, which are valid for 5 

years. However, a Certificate of 

Documentation with a Recreational 

Endorsement and a Commercial 

Endorsement will only be valid for 1 

year. Prior to the expiration of an 

endorsement, the owner of a vessel, 

which is not exempt from the 

requirement for documentation under 

paragraph (c) of § 67.9, must apply for 

renewal of the endorsement(s) by 

complying with paragraph (b) of this 

section. The owner of a vessel exempt 

from the requirement for documentation 

under paragraph (c) of § 67.9 must 

either: 

* * * * * 

(b) Renewal application. The owner of 

a vessel must apply for renewal of each 

endorsement by executing an original 

Vessel Renewal Notification, 

Application for Renewal (CG–1280) 

certifying that the information 

contained in the Certificate of 

Documentation and any endorsement(s) 

thereon remains accurate, and that the 

Certificate has not been lost, mutilated, 

or wrongfully withheld. The completed 

CG–1280 must be sent to the Director, 

National Vessel Documentation Center. 

(c) Requirement for renewal of 

recreational endorsements. A certificate 

of documentation for a recreational 

vessel and the renewal of such a 

certificate shall be effective for a 5-year 

period. During the period beginning 

January 1, 2019, and ending December 

31, 2021, the owner of a recreational 

vessel may choose a period of 

effectiveness of 1, 2, 3, 4, or 5 years for 

such a certificate of documentation for 

such vessel or the renewal thereof. 

§ 67.317 [Amended] 

■ 3. In § 67.317 amend paragraph (a) by 

adding, after the introductory phrase, 

‘‘Except as provided in paragraph (b) of 

this section,’’ the text ‘‘and except for 

recreational endorsements, which must 

be renewed every 5 years,’’. 

■ 4. Revise § 67.319 to read as follows: 

§ 67.319 Requirement to report change in 

vessel status and surrender Certificate of 

Documentation. 

(a) The owner of a vessel must notify 

the Coast Guard of each change in the 

information on which the issuance of 

the Certificate of Documentation for the 

vessel is based that occurs before the 

expiration of the certificate under this 

subsection, by no later than 30 days 

after such change. 

(b) The Certificate of Documentation 

for a vessel is terminated upon the 

expiration of the 30-day period if the 

owner has not notified the Coast Guard 

of such change before the end of the 

period. 

§ 67.515 [Amended] 

■ 5. In § 67.515, remove the word 

‘‘annual’’. 

■ 6. Revise § 67.550 to read as follows: 


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5032 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations 

§ 67.550 Fee table. 

The fees charged under subpart Y are 

as set forth in Table 1 to 67.550. 

TABLE 1 TO 67.550—FEES

Activity Reference Fee 

Applications: 

Initial Certificate of Documentation ........................................................................................................... Subpart K .............. $133.00 

Exchange of Certificate of Documentation ............................................................................................... ......do .................... 84.00 

Return of vessel to documentation ........................................................................................................... ......do .................... 84.00 

Replacement of lost or mutilated Certificate of Documentation ............................................................... ......do .................... 50.00 

Approval of exchange of Certificate of Documentation requiring mortgagee consent ............................. ......do .................... 24.00 

Trade endorsement(s): 

Coastwise endorsement .................................................................................................................... Subpart B .............. 29.00 

Coastwise Boaters endorsement ....................................................................................................... 46 CFR part 68 ..... 29.00 

Fishery endorsement ......................................................................................................................... ......do .................... 12.00 

Registry endorsement ........................................................................................................................ ......do .................... none 

Recreational endorsement ................................................................................................................. ......do .................... ........................

Recreational vessel endorsements (5-year) ...................................................................................... ............................... 130.00 

Through December 31, 2021: ............................................................................................................ ............................... ........................

4-year recreational vessel endorsement .................................................................................... ............................... 104.00 

3-year recreational vessel endorsement .................................................................................... ............................... 78.00 

2-year recreational vessel endorsement .................................................................................... ............................... 52.00 

1-year recreational vessel endorsement .................................................................................... ............................... 26.00 

Note 1: When multiple trade endorsements are requested on the same application, the single highest applicable endorsement fee will be 

charged, resulting in a maximum endorsement fee of $29.00. This does not apply to recreational endorsements. 

Evidence of deletion from documentation ................................................................................................ Subpart L .............. 15.00 

Renewal fee .............................................................................................................................................. ......do .................... 26.00 

Commercial vessel endorsements (annual) ...................................................................................... ......do .................... 26.00 

Recreational vessel endorsements (5-year) ...................................................................................... ............................... 130.00 

Through December 31, 2021: 

4-year recreational vessel endorsement .................................................................................... ............................... 104.00 

3-year recreational vessel endorsement .................................................................................... ............................... 78.00 

2-year recreational vessel endorsement .................................................................................... ............................... 52.00 

1-year recreational vessel endorsement .................................................................................... ............................... 26.00 

Late renewal fee ....................................................................................................................................... ......do .................... 1 5.00 

Waivers: 

Original build evidence .............................................................................................................................. Subpart F .............. 15.00 

Bill of sale eligible for filing and recording ................................................................................................ Subpart E .............. 15.00 

Miscellaneous applications: 

Wrecked vessel determination .................................................................................................................. Subpart J .............. 555.00 

New vessel determination ......................................................................................................................... Subpart M ............. 166.00 

Rebuild determination—preliminary or final .............................................................................................. ......do .................... 450.00 

Filing and recording: 

Bills of sale and instruments in nature of bills of sale .............................................................................. Subpart P .............. 2 8.00 

Mortgages and related instruments .......................................................................................................... Subpart Q ............. 2 4.00 

Notice of claim of lien and related instruments ........................................................................................ Subpart R .............. 2 8.00 

Certificate of compliance: 

Certificate of compliance ........................................................................................................................... 46 CFR part 68 ..... 55.00 

Miscellaneous: 

Abstract of Title ......................................................................................................................................... Subpart T .............. 25.00 

Certificate of ownership ............................................................................................................................ ......do .................... 125.00 

Attachment for each additional vessel with same ownership and encumbrance data ..................... ......do .................... 10.00 

Copy of instrument or document .............................................................................................................. (3) .......................... (3) 

1 Late renewal fee is in addition to the cost of the endorsement sought. 

2Per page. 

3Fees will be calculated in accordance with 6 CFR part 5, subpart A. 

Dated: January 8, 2021. 

R.V. Timme, 

Rear Admiral, U.S. Coast Guard,Assistant 

Commandant for Prevention Policy. 

[FR Doc. 2021–00526 Filed 1–15–21; 8:45 am] 

BILLING CODE 9110–04–P 


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DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 210112–0008] 

RIN 0648–BK08 

International Fisheries; Pacific Tuna 

Fisheries; Fishing Restrictions for 

Tropical Tuna in the Eastern Pacific 

Ocean for 2021 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: NMFS is issuing regulations 

under the Tuna Conventions Act to 

implement Resolution C–20–05 

(Conservation of Tuna in the Eastern 

Pacific Ocean During 2021), which was 

adopted by the Inter-American Tropical 

Tuna Commission (IATTC or 

Commission) on December 22, 2020. All 

of the provisions of Resolution C–20–05 

are identical in content to the previous 

resolution on tropical tuna management 

that expired at the end of 2020. This 

interim final rule implements the C–20– 

05 fishing management measures for 

tropical tuna (i.e., bigeye tuna (Thunnus 

obesus), yellowfin tuna (Thunnus 

albacares), and skipjack tuna 

(Katsuwonus pelamis)) in the eastern 

Pacific Ocean (EPO). The fishing 

restrictions in this interim final rule are 

applicable in 2021 only and apply to 

purse seine vessels of class sizes 4–6 

(carrying capacity of 182 metric tons 

(mt) or greater) and longline vessels 

greater than 24 meters (m) in overall 

length that fish for tropical tuna in the 

EPO. This interim final rule is necessary 

for the conservation of tropical tuna 

stocks in the EPO and for the United 

States to satisfy its obligations as a 

member of the IATTC. 

DATES: This interim final rule is 

effective January 19, 2021. Comments 

on the interim final rule must be 

submitted in writing by February 18, 

2021. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2020–0122, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

http://www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2020- 

0122, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Rachael Wadsworth, NMFS West Coast 

Region Long Beach Office, 501 W Ocean 

Blvd., Suite 4200, Long Beach, CA 

90802. Include the identifier ‘‘NOAA– 

NMFS–2020–0122’’ in the comments. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure they are received, 

documented, and considered by NMFS. 

Comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period, may not be considered. All 

comments received are a part of the 

public record and will generally be 

posted for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

ADDRESSES: Copies of supporting 

documents that were prepared for this 

interim final rule, including the 

regulatory impact review (RIR) are 

available via the Federal e-Rulemaking 

Portal: http://www.regulations.gov, 

docket NOAA–NMFS–2020–0122, or 

contact Rachael Wadsworth, NMFS 

WCR SFD, NMFS West Coast Region 

Long Beach Office, 501 W Ocean Blvd., 

Suite 4200, Long Beach, CA 90802, or 

WCR.HMS@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rachael Wadsworth, NMFS, at (206) 

561–3457. 

SUPPLEMENTARY INFORMATION: 

Background on the IATTC 

The United States is a member of the 

IATTC, which was established under 

the 1949 Convention for the 

Establishment of an Inter-American 

Tropical Tuna Commission. In 2003, the 

IATTC adopted the Convention for the 

Strengthening of the IATTC Established 

by the 1949 Convention between the 

United States of America and the 

Republic of Costa Rica (Antigua 

Convention). The Antigua Convention 

entered into force in 2010. The United 

States acceded to the Antigua 

Convention on February 24, 2016. The 

full text of the Antigua Convention is 

available at: https://www.iattc.org/ 

PDFFiles/IATTC-Instruments/_English/ 

IATTC_Antigua_

Convention%20Jun%202003.pdf. 

The IATTC consists of 21 member 

nations and 5 cooperating non-member 

nations and facilitates scientific 

research into, as well as the 

conservation and management of, tuna 

and tuna-like species in the IATTC 

Convention Area. The IATTC 

Convention Area is defined as waters of 

the EPO within the area bounded by the 

west coast of the Americas and by 50° 

N latitude, 150° W longitude, and 50° S 

latitude. The IATTC maintains a 

scientific research and fishery 

monitoring program and regularly 

assesses the status of tuna, sharks, and 

billfish stocks in the IATTC Convention 

Area to determine appropriate catch 

limits and other measures deemed 

necessary to promote sustainable 

fisheries and prevent the 

overexploitation of these stocks. 

International Obligations of the United 

States Under the Antigua Convention 

As a Party to the Antigua Convention 

and a member of the IATTC, the United 

States is legally bound to implement 

decisions of the IATTC. The Tuna 

Conventions Act (16 U.S.C. 951 et seq.) 

directs the Secretary of Commerce, in 

consultation with the Secretary of State 

and, with respect to enforcement 

measures, the U.S. Coast Guard, to 

promulgate such regulations as may be 

necessary to carry out the United States’ 

obligations under the Antigua 

Convention, including 

recommendations and decisions 

adopted by the IATTC. The authority of 

the Secretary of Commerce to 

promulgate such regulations has been 

delegated to NMFS. 

IATTC Resolution on Tropical Tuna 

Conservation 

On November 30–December 4, 2020, 

the IATTC met virtually for the 95th 

IATTC meeting and was unable to reach 

consensus on management measures for 

tropical tuna in the EPO, which is 

unusual. This meeting, which is 

typically held in person during the 

summer months, had been delayed due 

to travel restrictions. The failure of the 

Commission to reach consensus at its 

meeting created an urgent situation 

because the tropical tuna management 

measures were set to expire at the end 

of the 2020 calendar year, and no 

measures would have been in place for 

the start of the 2021 fishing season. The 

IATTC ultimately adopted Resolution 


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