Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 25137 

of operations specifications, the 

following procedure applies: 

(1) The foreign air carrier or foreign 

person must petition for reconsideration 

of that decision within 30 days after the 

date that the foreign air carrier or 

foreign person receives a notice of the 

decision. 

(2) The foreign air carrier or foreign 

person must address its petition to the 

Director, Flight Standards Service. 

(3) A petition for reconsideration, if 

filed within the 30-day period, suspends 

the effectiveness of any amendment, 

suspension or termination issued by the 

responsible Flight Standards District 

Office unless the responsible Flight 

Standards District Office has found, 

under paragraph (g) of this section, that 

an emergency exists requiring 

immediate action with respect to safety 

in air transportation or air commerce. 

(g) If the responsible Flight Standards 

District Office finds that an emergency 

exists requiring immediate action with 

respect to safety in air commerce or air 

transportation that makes the 

procedures set out in this section 

impracticable or contrary to the public 

interest, that office may make the 

amendment, suspension or termination 

effective on the day the foreign air 

carrier or foreign person receives notice 

of it. In the notice to the foreign air 

carrier or foreign person, the responsible 

Flight Standards District Office will 

articulate the reasons for its finding that 

an emergency exists requiring 

immediate action with respect to safety 

in air transportation or air commerce or 

that makes it impracticable or contrary 

to the public interest to stay the 

effectiveness of the amendment, 

suspension or termination. 

15. Amend § 129.13 by revising 

paragraph (a) to read as follows: 

§ 129.13 Airworthiness and registration 

certificates. 

(a) No foreign air carrier may operate 

any aircraft within the United States 

unless that aircraft carries a current 

registration certificate and displays the 

nationality and registration markings of 

the State of Registry, and an 

airworthiness certificate issued or 

validated by: 

(1) The State of Registry; or 

(2) The State of the Operator, 

provided that the State of the Operator 

and the State of Registry have entered 

into an agreement under Article 83bis of 

the Convention on International Civil 

Aviation that covers the aircraft. 

* * * * * 

16. Amend § 129.14 by revising 

paragraphs (a), (b)(4) and (b)(7) to read 

as follows: 

§ 129.14 Maintenance program and 

minimum equipment list requirements for 

U.S.-registered aircraft. 

(a) Each foreign air carrier and each 

foreign person operating a U.S.- 

registered aircraft within or outside the 

United States in common carriage must 

ensure that each aircraft is maintained 

in accordance with a program approved 

by the Administrator in the operations 

specifications. 

(b) * * * 

(4) The FAA operations specification 

permitting the operator to use an 

approved minimum equipment list is 

carried aboard the aircraft. An approved 

minimum equipment list, as authorized 

by the operations specifications, 

constitutes an approved change to the 

type design without requiring 

recertification. 

* * * * * 

(7) The aircraft is operated under all 

applicable conditions and limitations 

contained in the minimum equipment 

list and the operations specification 

authorizing the use of the list. 

17. Revise § 129.15 to read as follows: 

§ 129.15 Flight crewmember certificates. 

Each person acting as a flight 

crewmember must hold a certificate or 

license that shows the person’s ability to 

perform duties in connection with the 

operation of the aircraft. The certificate 

or license must have been issued or 

rendered valid by: 

(a) The State in which the aircraft is 

registered; or 

(b) The State of the Operator, 

provided that the State of the Operator 

and the State of Registry have entered 

into an agreement under Article 83bis of 

the Convention on International Civil 

Aviation that covers the aircraft. 

Appendix A to Part 129 [Removed and 

Reserved] 

18. Remove and reserve Appendix A to 

part 129. 

PART 135—OPERATING 

REQUIREMENTS: COMMUTER AND 

ON DEMAND OPERATIONS AND 

RULES GOVERNING PERSONS ON 

BOARD SUCH AIRCRAFT 

19. The authority citation for part 135 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 41706, 

44701, 44702, 44705, 44709, 44711, 44713, 

44715, 44717, 44722, 46105. 

§ 135.127 [Amended] 

20. Amend § 135.127(b)(1)(iii) by 

removing the citation ‘‘§ 119.3’’ and 

adding the citation ‘‘§ 110.2’’ in its place. 

§ 135.127 [Amended] 

21. Amend § 135.127(b)(2) by 

removing the citation ‘‘§ 119.3’’ and 

adding the citation ‘‘§ 110.2’’ in its place. 

Issued in Washington, DC, on May 4, 2010. 

Raymond Towles, 

Acting Director, Flight Standards Service. 

[FR Doc. 2010–10890 Filed 5–6–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 173, 174, 181, and 187 

[Docket No. USCG–2003–14963] 

RIN 1625–AB45 

Changes to Standard Numbering 

System, Vessel Identification System, 

and Boating Accident Report Database 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend its rules related to numbering of 

undocumented vessels and reporting of 

casualties. These changes would align 

and modernize terminology used in the 

Standard Numbering System (SNS), the 

Vessel Identification System (VIS), and 

casualty reporting; require validation of 

vessel hull identification numbers; 

require SNS vessel owners to provide 

personally identifiable information; and 

provide administrative flexibility for 

States. Together, the proposed changes 

would improve recreational boating 

safety efforts, enhance law enforcement 

capabilities, advance maritime security, 

and clarify requirements for all 

stakeholders. 

DATES: Comments and related material 

must either be submitted to our online 

docket via http://www.regulations.gov 

on or before August 5, 2010 or reach the 

Docket Management Facility by that 

date. Comments sent to the Office of 

Management and Budget (OMB) on 

collection of information must reach 

OMB on or before August 5, 2010. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2003–14963 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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1 If a State does not have a numbering system 

consistent with the SNS, or does not issue 

identification numbers to vessels registered in that 

State, the Coast Guard issues those vessels 

identification numbers under the SNS. ‘‘State’’ is 

defined in 33 CFR 173.3 as ‘‘a State of the United 

States, the Commonwealth of Puerto Rico, the 

Virgin Islands, Guam, American Samoa, the 

Commonwealth of the Northern Mariana Islands, 

and the District of Columbia.’’ 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

Collection of Information Comments: 

If you have comments on the collection 

of information discussed in section V.D 

of this NPRM, you must also send 

comments to the Office of Information 

and Regulatory Affairs (OIRA), Office of 

Management and Budget. To ensure that 

your comments to OIRA are received on 

time, the preferred methods are by email to oira_submission@omb.eop.gov 

(include the docket number and 

‘‘Attention: Desk Officer for Coast 

Guard, DHS’’ in the subject line of the 

e-mail) or fax at 202–395–6566. An 

alternate, though slower, method is by 

U.S. mail to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503, 

ATTN: Desk Officer, U.S. Coast Guard. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, write, call or e-mail Mr. Jeff 

Ludwig at 2100 2nd St., SW. Stop 7581, 

Washington, DC 20593–7581; telephone 

202–372–1061, or e-mail 

Jeffrey.A.Ludwig@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Public Meeting 

II. Abbreviations 

III. Background 

IV. Discussion of Proposed 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. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials to us. 

All comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you provide. 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2003–14963), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2003–14963’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’; then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they have reached the 

Facility, please enclose a stamped, selfaddressed postcard or envelope. 

We will consider all comments and 

material received during the comment 

period and may change this proposed 

rule based on your comments. 

B. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert USCG–2003– 

14963 and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. If you do not have access to the 

internet, you may view the docket 

online by visiting the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation that 

allows you to use the Docket 

Management Facility. 

C. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

D. Public Meeting 

We do not plan to hold a public 

meeting. But you may submit a request 

for one to the docket using one of the 

methods specified under ADDRESSES. In 

your request, explain why you believe a 

public meeting would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place to be announced by a later 

notice in the Federal Register. 

II. Abbreviations 

BARD Boating Accident Report Database 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

HIN Hull Identification Number 

NBSAC National Boating Safety Advisory 

Council 

PII Personally Identifiable Information 

§ Section symbol 

SNS Standard Numbering System 

U.S.C. United States Code 

VIS Vessel Identification System 

III. Background 

Coast Guard regulations in 33 CFR 

parts 173 and 174 implement two 

statutory mandates relating to 

undocumented vessels equipped with 

propulsion machinery of any kind. First, 

the regulations provide for a Standard 

Numbering System (SNS) that assigns 

unique identification numbers to those 

vessels, as required by 46 U.S.C. 12302. 

Each State voluntarily uses the SNS to 

number vessels that are registered in 

that State.1 Second, the regulations 

provide for the uniform reporting by 

each State of recreational vessel casualty 

and accident data, as required by 46 

U.S.C. 6102. We maintain a Boating 


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Accident Report Database (BARD) for 

this data. 

We are also statutorily required to 

maintain a Vessel Identification System 

(VIS) that covers not only the 

undocumented vessels to which SNS 

applies, but also documented vessels 

and any vessel titled under State law (46 

U.S.C. 12501). VIS makes vessel 

identification information available, for 

law enforcement or other purposes, to 

the Coast Guard and to States that 

voluntarily comply with its data sharing 

requirements. VIS was developed in 

coordination with relevant State 

agencies and became operational in 

2007. To date, many States have opted 

to participate in VIS. VIS regulations 

appear in 33 CFR part 187. 

Because of our role as the coordinator 

of the National Recreational Boating 

Safety Program, our leadership position 

in maritime law enforcement and 

maritime security efforts, and our 

partnership with other Federal and State 

agencies with similar responsibilities, 

we seek continual improvement in the 

efficiency and effectiveness of SNS, 

BARD, and VIS. This rulemaking 

proposes several changes that are 

intended to further those improvements. 

Many of the proposed changes were 

initially suggested by the National 

Boating Safety Advisory Council 

(NBSAC), a 21-member group that 

operates under the Federal Advisory 

Committee Act to advise the Coast 

Guard on recreational boating safety 

issues. NBSAC consists of seven 

representatives of State officials 

responsible for State boating safety 

programs; seven representatives of 

recreational vessel manufacturers and 

associated equipment manufacturers; 

and seven representatives of national 

recreational boating organizations and 

from the general public, at least five of 

whom must be representatives of 

national recreational boating 

organizations. 

IV. Discussion of Proposed Rule 

We propose the following changes. 

We intend to phase-in many of the most 

substantive proposed changes over three 

years, and we specifically invite public 

comment on whether that phase-in 

period is adequate. 

Terminology alignment. We propose 

aligning the terminology used by SNS, 

BARD, and VIS to describe recreational 

vessels and their operation. This will 

leverage our ability to coordinate data 

from all three databases to facilitate 

boating safety, law enforcement, and 

maritime security purposes. 

Terminology modernization and 

harmonization. We propose updating 

the terminology used by SNS, BARD, 

and VIS to reflect today’s recreational 

boating environment. For example, we 

propose new language to recognize the 

increased use of personal watercraft, 

towed watersports, and pod drive 

propulsion systems; and updated 

terminology to describe how 

recreational vessels are operated. We 

will also harmonize language in our 

regulations with wording changes made 

in the 1983 revision of Title 46 of the 

U.S. Code. 

Hull identification numbers (HINs). 

We propose requiring the States 

administering SNS to ensure that each 

SNS-registered vessel built after 

November 1, 1972, when the original 

HIN regulations took effect, has or 

obtains a valid HIN. Many vessels that 

are required to have a valid HIN either 

lack any HIN or have a HIN that does 

not comply with current requirements. 

This proposal is intended to help deter 

theft and improve law enforcement and 

maritime security capabilities by 

ensuring that law enforcement officers 

can readily identify vessels by their HIN 

and, in turn, identify their rightful 

owners. 

Unique personal identifiers. For VIS 

vessel owners, we currently collect 

personally identifiable information (PII), 

like taxpayer identification numbers, as 

required by 46 U.S.C. 12501. This PII 

has high value for law enforcement and 

maritime security purposes because it 

provides unique information connecting 

individuals with the vessels they own. 

Additionally, 46 U.S.C. 12501(a)(2) and 

(b) require that the VIS contain the PII 

of the owners of vessels numbered 

under the SNS. Therefore, we propose 

requiring the collection of PII for SNS as 

well as VIS. This proposed change 

would align the SNS and VIS data 

elements that States must collect, which 

will facilitate law enforcement and 

maritime safety efforts by broadening 

and aligning the data available in these 

two systems, and may make it easier for 

States to decide to participate in VIS. 

Administrative flexibility. We propose 

some changes that would provide 

additional administrative flexibility for 

States. For example, we propose adding 

waiver provisions to VIS regulations in 

33 CFR 187.11. Waivers could allow a 

State to participate temporarily in VIS, 

despite the need for new State 

legislation or other action to bring the 

State into full compliance with our 

regulations, under a memorandum of 

agreement that sets conditions intended 

to ensure effective participation. 

Table 1 shows how these changes 

would apply to specific sections of Title 

33 of the CFR. It omits discussion of 

several non-substantive style or format 

changes made solely to improve clarity 

or internal organization. 

TABLE 1—CHANGES PROPOSED FOR 33 CFR 

CFR section affected Proposed changes Discussion 

*Note: Substantive changes proposed for sections marked with an asterisk (*) in this table would be phased in over three years. 

Purpose, § 173.1 ................................................ Clarify that Part 173 has preemptive effect 

over State or local regulation.

Clarification. 

Definitions, § 173.3 ............................................. Add or revise definitions .................................. Align with substantive changes elsewhere in 

the proposal. 

Vessel number required, § 173.15 ..................... Substitute ‘‘State of principal operation’’ for 

‘‘State in which the vessel is principally 

used.’’ 

Modernize/harmonize terminology. 

Other numbers prohibited, § 173.19 ................... Substitute ‘‘operate’’ for ‘‘use.’’ ......................... Modernize/harmonize terminology. 

Certificate of number required, § 173.21 ............ Substitute ‘‘operate’’ and ‘‘operated’’ for ‘‘use’’ 

and ‘‘used.’’ 

Modernize/harmonize terminology. 

Inspection of certificate, § 173.23 ....................... Substitute ‘‘operating’’ for ‘‘using.’’ ................... Modernize/harmonize terminology. 

Location of certificate of number, § 173.25 ........ Substitute ‘‘operate’’ for ‘‘use.’’ ........................ Modernize/harmonize terminology. 

Removal of number, § 173.33 ............................ Substitute ‘‘operated’’ for ‘‘used.’’ ..................... Modernize/harmonize terminology. 

Coast Guard validation sticker, § 173.35 ........... Substitute ‘‘operate’’ for ‘‘use.’’ ......................... Modernize/harmonize terminology. 

Applicability, § 173.51 ......................................... Substitute ‘‘operated’’ for ‘‘used.’’ .................... Modernize/harmonize terminology. 


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TABLE 1—CHANGES PROPOSED FOR 33 CFR—Continued 

CFR section affected Proposed changes Discussion 

Contents of report,* § 173.57 ............................. Amend current section so that it remains in 

effect only until January of the year following the third anniversary of the final 

rule’s taking effect.

(c)(10), (c)(21)–(c)(24): Align and modernize/ 

harmonize terminology. 

Add new (c), containing provisions that would 

take effect in January of the year following 

the third anniversary of the final rules’s taking effect.

(c)(14), (c)(16): Facilitate accident investigations by collecting information about the 

owners of damaged property and about fire 

extinguishers on vessels involved in accidents. 

The phase-in period allows adequate time for 

transition and ensures a uniform date for 

revising the data to be reported in all 

States. 

Where to report, § 173.59 .................................. Delete option of reporting accident elsewhere 

than in the State where the accident occurred.

Require report to be filed where accident occurred because this has greater relevance 

than a report to the State of principal operation or of certificate issuance. 

Application for and issuance of certificate of 

number, § 173.71.

Authorize issuance of original or duplicate 

certificates.

Clarify authority and make it explicit. Modernize/harmonize terminology. 

Duplicate certificate of number, § 173.73 ........... Remove section ............................................... Transfer substance to § 173.71. 

Validity of certificate of number, § 173.77 .......... Substitute ‘‘operated’’ for ‘‘used.’’ ..................... Modernize/harmonize terminology. 

Issuing authorities and reporting authorities, 33 

CFR Part 173, Appendix A.

Substitute ‘‘operation’’ for ‘‘use.’’ ...................... Modernize/harmonize terminology. 

Applicability, § 174.1 ........................................... Clarify that Part 174 has preemptive effect 

over State or local regulation.

Clarification. 

Definitions, § 174.3 ............................................. Add or revise definitions .................................. Align with substantive changes elsewhere in 

the proposal. 

Verification of hull identification number,* 

§ 174.16.

Require States to verify vessel’s compliance 

with HIN requirements, or to assign valid 

HIN, using methods of the State’s choice.

Per text discussion of HINs. 

Allow States up to three years to implement 

the changes.

Effective date is intended to give the states 

up to three years to implement the 

changes. States will have up to three additional years to update boat registration information depending on registration cycle. 

Contents of application for certificate of number,* § 174.17.Require unique personal identifier ................... Per text discussion of unique personal identifiers. Align and modernize/harmonize terminology. 

(c) Allow States up to three years to implement the changes.Up to three years after final rule for States to 

implement changes. 

Up to three additional years for States to update boat registration. 

Contents of a certificate of number,* § 174.19 ... Delete current option for owners of vessels 

with HINs to omit information about the vessel’s make, manufacture date, length, type, 

hull material, propulsion method, and fuel; 

and make other minor changes.

Eliminate option, to facilitate data verification 

for law enforcement and maritime security 

purposes by ensuring that full information is 

available for enforcement or security personnel. Align and modernize/harmonize terminology. 

Allow States up to three years to implement 

the changes.

Up to three years after final rule for States to 

implement changes. 

Up to three additional years for States to update boat registration. 

Temporary certificates,* § 174.21 ....................... Clarify, add HIN as required information, substitute ‘‘operated’’ for ‘‘used.’’ Per text discussion of HINs. Clarify and modernize/harmonize terminology. 

Allow States up to three years to implement 

the changes.

Up to three years after final rule for States to 

implement changes. 

Up to three additional years for States to update boat registration. 

Forwarding of casualty or accident reports, 

§ 174.121.

Add electronic submission option. Change address.Allow for choices in reporting method, align 

with Federal e-Government initiatives, and 

update information. 

Coast Guard address, § 174.125 ....................... Change address ............................................... Update information. 

Purpose and applicability, § 181.1 ..................... Clarify that Part 181 has preemptive effect 

over State or local regulation.

Clarification. 

Definitions, § 181.3 ............................................. Add or revise definitions .................................. Align with substantive changes elsewhere in 

the proposal. 

Hull identification numbers required, § 181.23 ... Add new (b) (revise and relocate current language from § 181.31(c)).Per text discussion of HINs. 

Substitute ‘‘agency designated by the issuing 

authority’’ for references to the State boating law administrator.

Provide flexibility for States to designate, as 

HIN number assignor, agencies other than 

the State boating law administrator. 


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2Throughout the Regulatory Analyses section, 

‘‘State’’ refers not only to a State of the United 

States, but also to the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, American Samoa, 

the Commonwealth of the Northern Mariana 

Islands, and the District of Columbia. 

3We obtained information on boat hull 

identification numbers from Info-Link, which is the 

company that administers the Coast Guard’s Vessel 

Identification System. 

TABLE 1—CHANGES PROPOSED FOR 33 CFR—Continued 

CFR section affected Proposed changes Discussion 

Manufacturer identification code assignment, 

§ 181.31.

Remove (c) (relocated to § 181.23).

How is a State’s participation in VIS documented? § 187.11.Revise section .................................................. Per text discussion of administrative flexibility. 

What information must be collected to identify a 

vessel? § 187.103.

Add ‘‘of vessel’’ in (h), and revise (i)–(n) ......... Clarify (h) and align and modernize/harmonize 

terminology in (i)–(n). 

V. Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

A combined ‘‘Preliminary Regulatory 

Analysis and Initial Regulatory 

Flexibility Analysis’’ is available in the 

docket where indicated under the 

‘‘Public Participation and Request for 

Comments’’ section of this preamble. A 

summary of the analysis follows: 

Coast Guard regulations in 33 CFR 

parts 173 and 174 implement two 

statutory mandates relating to 

undocumented vessels equipped with 

propulsion machinery of any kind. First, 

the regulations provide for an SNS that 

assigns unique identification numbers 

to those vessels, as required by 46 

U.S.C. 12302. Second, the regulations 

provide for the uniform reporting by 

each State 2 of recreational vessel 

casualty and accident data, as required 

by 46 U.S.C. 6102. The Coast Guard 

maintains a Boating Accident Report 

Database (BARD) that contains this 

information. 

The Coast Guard is statutorily 

required to maintain a Vessel 

Identification System (VIS), which 

covers not only the undocumented 

vessels to which SNS applies, but also 

documented vessels and any vessel 

titled under State law. VIS comprises a 

nationwide information system for 

identifying recreational, commercial, 

and public vessels that are numbered or 

titled under the laws of a state or 

territory. VIS includes information 

identifying vessels, vessel owners and 

information to assist law enforcement 

officials in the investigation of stolen 

vessels or other legal investigation, such 

as fraud. That information includes the 

personally identifiable information 

required by 46 U.S.C. 12501(a)(2) and 

(b). 

The Coast Guard proposes to amend 

its rules to promote uniformity between 

the Standard Numbering System (SNS), 

the Vessel Identification System (VIS), 

and Boating Accident Report Database 

(BARD). 

The proposed changes would enhance 

the capabilities of Federal, State, and 

local boating safety and law 

enforcement officials. These proposed 

changes would result in additional costs 

and benefits. In general, this rulemaking 

would: 

• Require issuance of a valid HIN to 

vessels that do not already have one. 

This would be phased in only as 

certificates of number are issued or 

renewed or upon the transfer of a 

vessel’s ownership. 

• Align terminology used by SNS, 

BARD, and VIS to describe recreational 

vessels and their operation. 

• Modernize terminology to reflect 

statutory usage and current recreational 

vessel types, operations and equipment. 

States would have up to three years in 

which to update their systems to use the 

newer terminology. 

• Require the collection of unique 

identification information for each 

vessel owner who applies for an SNS 

number. States would have up to three 

years in which to implement this 

change. 

• Provide administrative flexibility 

for States to designate, as HIN number 

assignor, agencies other than the State 

boating law administrator. 

We estimate that this proposed rule 

would affect approximately 12.4 million 

recreational vessels. The harmonization 

of terminology and the additional 

questions on the forms used to collect 

the data for the SNS would affect all 

recreational vessels. The harmonization 

of terminology and the additional 

questions on the forms used to collect 

information from boating casualties 

would affect those recreational vessels 

involved in boating accidents. There are 

approximately 5,094 boating accidents 

annually. Approximately 91 percent of 

recreational boats affected by this 

rulemaking appear to be in compliance 

with the HIN requirement already, 

leaving 9 percent potentially needing to 

have the HIN verified or affixed.3

The implementation of these 

requirements would begin in the third 

year of the effective date of the proposed 

rule, so costs would be incurred during 

the third year of the period of analysis. 

There would be a three-year 

implementation period for requirements 

from the third year through the fifth 

year. We estimated the total average 

costs of this rulemaking over a 10-year 

period as summarized in Table 1. Costs 

are presented as undiscounted and 

discounted estimates. 

TABLE 1—SUMMARY OF COSTS

[Millions of dollars] 

Year Undiscounted 

Discount rate 

7% 3% 

1 .............. $0.0 $0.0 $0.0 

2 .............. 0.0 0.0 0.0 

3 .............. 16.5 13.5 15.1 

4 .............. 10.2 7.8 9.0 

5 .............. 7.9 5.6 6.8 

6 .............. 3.8 2.5 3.2 

7 .............. 3.8 2.4 3.1 

8 .............. 3.8 2.2 3.0 

9 .............. 3.8 2.1 2.9 

10 ............ 3.8 1.9 2.8 

Total 53.6 38.0 46.0 

* Figures may not total due to rounding. 

In the initial year of implementation 

(year 3), we estimate the cost of the 

rulemaking to be $16.5 million 

(undiscounted). We estimate the annual 

recurring costs to be $3.8 million 

(undiscounted) after the three-year 

implementation period. We estimate the 

total present value cost over a 10-year 

period of analysis to be $38.0 million, 


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4See the Collection of Information OMB 1625– 

0108 supporting documentation for further 

information. 

5These are individuals that do not use vessels for 

commercial purposes. 

discounted at 7 percent, and $46.0 

million, discounted at 3 percent. 

The main cost driver for this proposed 

rule is the verification of the HIN by the 

issuing authority with documentation or 

visual inspection of the vessel when no 

proper record of the HIN exists. The 

issuing authority, usually the State, 

would have the option to choose the 

most suitable verification method. For 

example, some States might require the 

vessel owner to take the vessel to a 

specific location for verification, while 

others might assign personnel to 

conduct verification at marinas or 

merely require the vessel owner to file 

a sworn compliance affidavit. The HIN 

verification makes up over 90% percent 

($15.3 million, non-discounted) of the 

first-year cost of implementation and 

over 70% ($2.8 million, nondiscounted) of the annual recurring cost 

after the three-year implementation 

period of this proposed rule. 

In this rulemaking, the Coast Guard is 

proposing requirements that are 

intended to improve the information 

within various databases by increasing 

the quality of the information and by 

harmonizing terminology. This 

enhanced information and subsequent 

cross-reference between the databases is 

a benefit that would accrue to all users 

of these databases. The Coast Guard and 

other users of the SNS, VIS and BARD 

information utilize it in their decisionmaking processes. Sometimes these are 

decisions made by law enforcement in 

the field, such as boarding officers, in 

determining how best to investigate an 

accident involving a vessel.4 The 

information would also prove useful in 

decision-making and analysis when it 

comes to future boating safety 

rulemakings. 

Some of the benefits of the proposed 

HIN verification may accrue to the boatowner or other entity associated with 

the vessel. For example, a verified HIN 

properly linked to the boat-owner can 

aid in the return of a stolen vessel. 

The ‘‘Preliminary Regulatory Analysis 

and Initial Regulatory Flexibility 

Analysis’’ available on the docket 

provides additional detail on the costs 

and benefits of this rulemaking. The 

Coast Guard urges interested parties to 

submit comments that specifically 

address the economic impacts of this 

rulemaking. Comments can be made as 

indicated in the ADDRESSES section. 

B. Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of 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 fewer than 50,000 

people. 

A combined ‘‘Preliminary Regulatory 

Analysis and Initial Regulatory 

Flexibility Analysis’’ discussing the 

impact of this proposed rule on small 

entities is available in the docket where 

indicated under the ADDRESSES section 

of this preamble. A summary of the 

analysis follows: 

The proposed rule would regulate 

recreational vessels. Individuals, such 

as the recreational vessel owners 

regulated by this rule, are not small 

entities under the definition of a small 

entity in the Regulatory Flexibility Act 

(RFA).5

We estimate that there are potentially 

136,209 owners of recreational vessels 

used for commercial purposes that may 

be affected by parts of this rulemaking. 

Of these, there are potentially 12,259 

owners of recreational vessels used for 

commercial purposes that may have to 

have the HIN of the vessel verified. 

Based on available data, we 

determined that over 90 percent of these 

entities are small by SBA size standards. 

We found that small entities affected by 

this proposed rule were small 

businesses consisting of owners and 

operators in the industry categories of 

engine equipment manufacturing, boat 

dealers, hotels, business support 

services and amusement and recreation. 

Based on our assessment of the 

impacts, we determined that all owners 

or operators affected by this rule would 

incur an economic impact of less than 

1 percent of revenue. At this time, we 

have determined that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities under section 605(b) of the 

Regulatory Flexibility Act. 

We are interested in the potential 

impacts from this proposed rule on 

small businesses and we request public 

comment on these potential impacts. If 

you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rulemaking would have a 

significant economic impact on it, 

please submit a comment to the Docket 

Management Facility at the address 

under ADDRESSES. In your comment, 

explain why, how and to what degree 

you think this rule would have an 

economic impact on you. 

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 proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please consult 

Jeff Ludwig, Office of Auxiliary and 

Boating Safety, 202–372–1061. 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 proposed rule affects three 

collections of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). It would modify 

existing Office of Management and 

Budget (OMB) Collection of 

Information, OMB Control Number 

1625–0003, ‘‘Coast Guard Boating 

Accident Report Form,’’ OMB Control 

Number 1625–0070, ‘‘Vessel 

Identification System,’’ and OMB 

Control Number 1625–0108, ‘‘Standard 

Numbering System for Undocumented 

Vessels.’’ 

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. 

The proposed rule would add to the 

recordkeeping and reporting 


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requirements of recreational vessel 

owners and agencies involved in issuing 

registrations for recreational vessels and 

reporting boating accidents. 

The issuing authority would have to 

modify the Boating Casualty Report 

form, modify the Certificate of Number 

application and, in cases where 

necessary, verify that a HIN is properly 

affixed to the vessel and recorded. The 

owners of recreational vessels would 

have to answer more questions when 

they or their vessels are involved in a 

boating accident and when applying for 

a Certificate of Number. Owners of 

recreational vessels that do not have a 

properly fixed or recorded HIN would 

have to allow the issuing authorities to 

verify the HIN. 

For additional detail and information 

on the burden of this proposed rule, see 

the Preliminary Regulatory Analysis 

available in the docket as listed under 

the ‘‘Public Participation and Request 

for Comments’’ section of this preamble. 

A summary of each collection 

amendment and associated burden 

follows: 

Title: Coast Guard Boating Accident 

Report Form. 

OMB Control Number: 1625–0003. 

Summary of the Collection of 

Information: Federal regulations (33 

CFR 173.55) require the operator of any 

vessel that is numbered or used for 

recreational purposes to submit an 

accident report to the issuing authority 

where the accident occurred. 

Need for Information: 46 U.S.C. 

6102(a) requires a uniform marine 

casualty reporting system, with 

regulations prescribing casualties to be 

reported and the manner of reporting. 

Proposed Use of Information: The 

Coast Guard uses accident data and 

statistical information received from the 

current collection to establish National 

Recreational Boating Safety (RBS) 

Program goals, objectives, strategies and 

performance measures; report RBS 

Program performance to Congress in the 

performance and budget reports; 

identify possible manufacturer defects 

in boats or equipment; develop boat 

manufacturing standards; develop safe 

boating education and accident 

prevention programs; and publish 

accident statistics in accordance with 

Title 46 U.S.C. 6102. 

Description of Respondents: 

Operators of recreational boats and 

governments of States. 

Number of Respondents/Reports: The 

estimated number of respondents is 56, 

both current and revised. The revised 

estimated number of reports is 5,094 

compared to the current estimate of 

5,000. The higher number of reports is 

based on an increase in the average 

number of reports, not a programmatic 

change. 

Frequency of Response: On occasion. 

Specifically, within 30 days of their 

receipt of a report as prescribed by 33 

CFR 174.121 (Forwarding of casualty or 

accident reports). 

Burden of Response: The estimated 

revised burden is 2,972 hours per year. 

The current burden is 2,500. There is an 

estimated 35-minute burden to a 

respondent for each report filed for an 

annual estimated burden of 2,972 hours 

for the estimated 5,094 reports (5,094 

reports * 0.583 hours = 2,972 hours). 

Title: Vessel Identification System. 

OMB Control Number: 1625–0070. 

Summary of the Collection of 

Information: The Coast Guard 

established a nationwide vessel 

identification system (VIS) and 

centralized certain vessel 

documentation functions. VIS provides 

participating States with access to data 

on vessels numbered by States. 

Participation in VIS is voluntary. 

Need for Information: Title 46 U.S.C. 

12501 mandates the establishment of a 

VIS. Title 33 CFR part 187 prescribes 

the requirements of VIS. 

Proposed Use of Information: This 

information collection supports the 

strategic goals of the Department of 

Homeland Security, the Coast Guard 

and the Marine Safety, Security and 

Stewardship Directorate (CG–5). 

Description of Respondents: 

Operators of recreational boats and 

governments of States. 

Number of Respondents and 

Responses: The estimated number of 

respondents is 56, both revised and 

current. The revised estimate of the 

number of responses is 117,671 

compared to the current 125,716. The 

decrease shown above is due to a 

reduction in the average number of 

responses and not a programmatic 

change. 

Frequency of Response: Daily. 

Burden of Response: The estimated 

burden has decreased from 5,829 hours 

to the revised estimate of 5,456 hours a 

year. Each response is expected to take 

approximately 3 minutes (117,671 

responses * 0.046 hours = 5,456 hours; 

rounded). 

Title: Standard Numbering System for 

Undocumented Vessels. 

OMB Control Number: 1625–0108. 

Summary of the Collection of 

Information: The SNS collects 

information on undocumented vessels 

and vessel owners. States submit reports 

annually to the Coast Guard on the 

number, size, construction, etc., of the 

vessels they have numbered. That 

information is used by the Coast Guard 

in the publication of an annual ‘‘Boating 

Statistics’’ report required by 46 U.S.C. 

6102(b), and for allocation of Federal 

funds to assist in carrying out the 

Recreational Boating Safety (RBS) 

Program established by 46 U.S.C. 

Chapter 131. 

Need for Information: On a daily basis 

or as warranted, Federal, State, and 

local law enforcement personnel use 

SNS information from the States’ 

numbering systems for enforcement of 

boating laws or theft and fraud 

investigations. In addition, when 

encountering a vessel suspected of 

illegal activity, information from the 

SNS increases officer safety by assisting 

boarding officers in determining how 

best to approach a vessel. 

Proposed Use of Information: Federal, 

State, and local law enforcement 

personnel use SNS information from the 

States’ numbering systems for 

enforcement of boating laws or theft and 

fraud investigations. The information is 

used by the Coast Guard for publication 

of an annual ‘‘Boating Statistics’’ report 

required by 46 U.S.C. 6102(b) and for 

allocation of Federal funds to assist 

States in carrying out the Recreational 

Boating Safety (RBS) Program 

established by 46 U.S.C. Chapter 131. 

Description of Respondents: 

Operators of recreational boats and 

governments of States. 

Number of Respondents and 

Responses: The estimated number of 

respondents is 56, both revised and 

current. The revised estimate of the 

number of responses is 4,644,142 

compared to the current 4,333,333. 

Frequency of Response: Daily as 

necessary. 

Burden of Response: The revised 

estimate of the number of burden hours 

per year is 379,852 compared to the 

current burden hours of 286,458. There 

would be an average 5-minute burden 

per response for each report filed for an 

annual estimated burden of 379,852 

hours for the estimated 4,644,142 

responses. 

There are no collection costs to the 

Federal Government for the SNS 

because States implement the program. 

If you submit comments on the 

collection of information, submit them 

both to OMB and to the Docket 

Management Facility as indicated under 

ADDRESSES, by the date under DATES. 

You need not respond to a collection 

of information unless it displays a 

currently valid control number from 

OMB. Before the Coast Guard could 

enforce the collection of information 

requirements in this proposed rule, 

OMB would need to approve the Coast 

Guard’s request to collect this 

information. 


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E. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it 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. It is well settled 

that States may not regulate in 

categories reserved for regulation by the 

Coast Guard. 

The regulations in 33 CFR part 173 

subparts A, B, and D, and Part 174 

subparts A, B, and D, are issued 

pursuant to 46 U.S.C. 12301 and 12302 

and expressly preempt conflicting State 

or local regulation. 

The regulations in 33 CFR part 173 

subpart C and part 174 subpart C are 

issued pursuant to 46 U.S.C. 6101. 46 

U.S.C. 6101 states that ‘‘The Secretary 

shall prescribe regulations on the 

marine casualties to be reported and the 

manner of reporting.’’ The statute 

requires, among other things, the 

reporting of the death of an individual, 

serious injury to an individual, material 

loss of property, material damage 

affecting the seaworthiness or efficiency 

of the vessel, and significant harm to the 

environment. 

The Supreme Court has held that 

‘‘Congress intended that the Coast Guard 

regulations be the sole source of a 

vessel’s reporting obligations * * *’’ 

and that Coast Guard regulations 

promulgated pursuant to the authority 

of 46 U.S.C. 6101 were not intended by 

Congress ‘‘to be cumulative to those 

enacted by each political subdivision 

whose jurisdiction a vessel enters.’’ See 

the decision of the Supreme Court in the 

consolidated cases of United States v. 

Locke and Intertanko v. Locke, 529 U.S. 

89, 115–116 (2000). Therefore, the Coast 

Guard’s view is that regulations issued 

under the authority of 46 U.S.C. 6101 

for marine casualty reporting 

requirements have preemptive effect 

over State regulation in these fields, 

except to the extent that Congress 

requires the Coast Guard to allow State 

casualty reporting systems pursuant to 

46 U.S.C. Chapter 131. 

The regulations in 33 CFR part 181 

are issued pursuant to 46 U.S.C. 4302. 

Under 46 U.S.C. 4306, Federal 

regulations establishing minimum safety 

standards for recreational vessels and 

associated equipment, and establishing 

procedures and tests required to 

measure conformance with those 

standards preempt State law, unless the 

State law is identical to a Federal 

regulation or a State is specifically 

provided an exemption to those 

regulations, or permitted to regulate 

marine safety articles carried or used to 

address a hazardous condition or 

circumstance unique to that State. 

The regulations in 33 CFR part 187 

are currently issued pursuant to 46 

U.S.C. 2103. We are proposing to add 46 

U.S.C. 12501 as an additional authority. 

Because State participation in the VIS is 

entirely voluntary, the regulations in 33 

CFR part 187 do not have preemptive 

impact over State regulation in this 

field. However, once electing to 

participate, a State must comply with 

the requirements of this part to ensure 

integrity and uniformity of information 

in both the SNS and VIS. 

The Coast Guard recognizes the key 

role State and local governments may 

have in making regulatory 

determinations. Additionally, sections 4 

and 6 of Executive Order 13132 require 

that for any rules with preemptive 

effect, the Coast Guard must provide 

elected officials of affected State and 

local governments and their 

representative national organizations 

the notice and opportunity for 

appropriate participation in any 

rulemaking proceedings, and to consult 

with such officials early in the 

rulemaking process. Therefore, we 

invite affected State and local 

governments and their representative 

national organizations to indicate their 

desire for participation and consultation 

in this rulemaking process by 

submitting comments to the docket 

using one of the methods specified 

under ADDRESSES. In accordance with 

Executive Order 13132, the Coast Guard 

will provide a federalism impact 

statement to document (1) the extent of 

the Coast Guard’s consultation with 

State and local officials that submit 

comments to this proposed rule, (2) a 

summary of the nature of any concerns 

raised by State or local governments and 

the Coast Guard’s position thereon, and 

(3) a statement of the extent to which 

the concerns of State and local officials 

have been met. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

G. Taking of Private Property 

This proposed rule would not effect 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 proposed 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed 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 (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, 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 


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operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

M. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions which do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under the ‘‘Public Participation and 

Request for Comments’’ section of this 

preamble. This rule involves regulations 

which are editorial or procedural, such 

as those updating addresses or 

establishing application procedures; and 

regulations concerning manning, 

documentation, admeasurement, 

inspection, and equipping of vessels. 

We seek any comments or information 

that may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

List of Subjects 

33 CFR Part 173 

Marine safety, Reporting and 

recordkeeping requirements. 

33 CFR Part 174 

Intergovernmental relations, Marine 

safety, Reporting and recordkeeping 

requirements. 

33 CFR Part 181 

Labeling, Marine safety, Reporting 

and recordkeeping requirements. 

33 CFR Part 187 

Administrative practice and 

procedure, Marine safety, Reporting and 

recordkeeping requirements. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR parts 173, 174, 181, and 

187 as follows: 

PART 173—VESSEL NUMBERING AND 

CASUALTY AND ACCIDENT 

REPORTING 

1. The authority citation for part 173 

is revised to read as follows: 

Authority: 31 U.S.C. 9701; 46 U.S.C. 2110, 

6101, 12301, 12302; OMB Circular A–25; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. Revise § 173.1 to read as follows: 

§ 173.1 Purpose; preemptive effect. 

This part prescribes requirements for 

numbering vessels and for reporting 

casualties and accidents to implement 

sections 6101, 6102, 12301, and 12302 

of Title 46, United States Code. The 

regulations in subparts A, B, and D of 

this part have preemptive effect over 

conflicting State or local regulation. The 

regulations in subpart C of this part 

have preemptive effect over State or 

local regulation within the same field, 

except to the extent that Congress 

requires the Coast Guard to allow State 

casualty reporting systems pursuant to 

46 U.S.C. Chapter 131. 

3. Revise § 173.3 to read as follows: 

§ 173.3 Definitions. 

As used in this part: 

Airboat means a vessel that is 

typically flat-bottomed and propelled by 

an aircraft-type propeller powered by an 

engine. 

Auxiliary sail means a vessel whose 

primary method of propulsion is sail but 

has a secondary means of mechanical 

propulsion. 

Cabin motorboat means a type of 

vessel propelled by propulsion 

machinery that provides enclosed 

spaces inside the structure of the vessel. 

Certificate of number means a 

certificate issued by a State that meets 

the requirements of 33 CFR 174.19, 

containing vessel and vessel owner 

registration information for a vessel that 

is registered and issued a number in that 

State. 

Houseboat means a motorized vessel 

that is usually non-planing and 

designed primarily for multipurpose 

accommodation spaces with low 

freeboard and little or no foredeck or 

cockpit. 

Hull identification number or HIN 

means a serial number that meets the 

requirements of 33 CFR part 181, 

subpart C; 

Inboard, in the context of an engine, 

means an engine mounted inside the 

confines of a vessel which turns a drive 

shaft that runs through the bottom of the 

hull and is attached to a propeller or 

water jet at the other end. 

Inflatable boat means a vessel that 

uses air-filled flexible fabric for 

buoyancy. 

Issuing authority means a State listed 

in Appendix A of this part as having a 

numbering system approved by the 

Coast Guard, or the Coast Guard where 

a State numbering system has not been 

approved. 

Open motorboat means a type of 

vessel equipped with propulsion 

machinery which has an open load 

carrying area not protected from the 

entry of water by means of a continuous 

deck. 

Operate means use, navigate, or 

employ. 

Operator means the person who is in 

control or in charge of a vessel while it 

is in use. 

Outboard, in the context of an engine, 

means an engine with propeller or water 

jet integrally attached which is usually 

mounted at the stern of a vessel. 

Owner means a person who claims 

lawful possession of a vessel by virtue 

of a legal title or an equitable interest 

therein, which entitles him to such 

possession and includes co-owners. 

Paddlecraft means a vessel powered 

only by a craft’s occupant(s) using a 

single or double bladed paddle as a 

lever without the aid of a fulcrum 

provided by oarlocks, thole pins, 

crutches, or similar arrangements. 

Permitted event means an organized 

water event of limited duration which is 

conducted according to a prearranged 

schedule and approved by the Coast 

Guard or by a State that has jurisdiction 

over the particular body of water on 

which the event will take place. 

Person means an individual, firm, 

partnership, corporation, company, 

association, joint-stock association, or 

governmental entity and includes a 

trustee, receiver, assignee, or similar 

representative of any of them. 

Personal watercraft means a vessel 

propelled by a water-jet pump or other 

machinery as its primary source of 

motive power which is designed to be 

operated by a person sitting, standing, 

or kneeling on the vessel, rather than 

the conventional manner of sitting or 

standing within the confines of the hull. 

Pod drive means an engine mounted 

in front of the transom of a vessel and 

attached through the bottom of the hull 

to a steerable propulsion unit. 

Pontoon boat means a vessel with a 

broad, flat deck that is affixed on top of 

closed cylinders which are used for 

buoyancy, the basic design of which is 

usually implemented with two rows of 

floats as a catamaran or with three rows 

of floats as a trimaran. 

Reporting authority means a State 

listed in Appendix A of this part as 

having a numbering system approved by 

the Coast Guard, or the Coast Guard 


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where a numbering system has not been 

approved. 

Rowboat means an open vessel 

manually propelled by oars. 

Sail only means a vessel propelled 

only by sails. 

State means a State of the United 

States, Guam, the Commonwealth of 

Puerto Rico, the Virgin Islands, 

American Samoa, the District of 

Columbia, the Commonwealth of the 

Northern Mariana Islands, and any other 

territory or possession of the United 

States. 

State of principal operation means the 

State on whose waters a vessel is or will 

be operated most during a calendar year. 

Sterndrive means an engine mounted 

in front of the transom of a vessel which 

is attached through the transom to a 

drive unit that is similar to the lower 

unit of an outboard. The engine turns a 

drive shaft that is attached to a propeller 

at the other end. A sterndrive is also 

known as an inboard-outdrive or an 

inboard-outboard. 

Towed watersports means any 

watersports activity that takes place 

when towed or pulled behind a boat, 

including, but not limited to, 

waterskiing, wakeboarding, parasailing, 

and tubing. 

Whitewater boating means any 

activity with a vessel on Class II and 

above rapid as determined by the six 

class International Scale of River 

Difficulty. This definition applies only 

to the sections of any river with such 

rapids and not the entire river. 

§ 173.15 [Amended] 

4. In § 173.15, remove the words 

‘‘State in which the vessel is principally 

used’’ wherever they occur, and add, in 

their place, the words ‘‘State of principal 

operation.’’ 

§ 173.19 [Amended] 

5. In § 173.19, remove the word ‘‘use’’ 

and add, in its place, the word 

‘‘operate.’’ 

§ 173.21 [Amended] 

6. In § 173.21(a) introductory text, 

remove the word ‘‘use’’ and add, in its 

place, the word ‘‘operate,’’ and in 

paragraph (a)(1), remove the word 

‘‘used’’ and add, in its place, the word 

‘‘operated.’’ 

§ 173.23 [Amended] 

7. In § 173.23, remove the word 

‘‘using’’ and add, in its place, the word 

‘‘operating.’’ 

§ 173.25 [Amended] 

8. In § 173.25, remove the word ‘‘use’’ 

and add, in its place, the word 

‘‘operate.’’ 

§ 173.33 [Amended] 

9. In § 173.33(c), remove the word 

‘‘used’’ and add, in its place, the word 

‘‘operated.’’ 

§ 173.35 [Amended] 

10. In § 173.35, remove the word ‘‘use’’ 

and add, in its place, the word 

‘‘operate.’’ 

§ 173.51 [Amended] 

11. In § 173.51(a) introductory text 

and (a)(1), remove the word ‘‘used’’ and 

add, in its place, the word ‘‘operated.’’ 

12. Revise § 173.57 to read as follows: 

§ 173.57 Contents of report. 

(a) Each report required by 33 CFR 

173.55 must be in writing, dated upon 

completion, and signed by the person 

who prepared it. 

(b) Until January 1, [FOURTH YEAR 

FOLLOWING THE YEAR OF THE 

EFFECTIVE DATE OF THE FINAL 

RULE], each report must contain, if 

available, at least the following 

information about the casualty or 

accident: 

(1) Numbers and names of each vessel 

involved; 

(2) Name and address of each owner 

of each vessel involved; 

(3) Name of the nearest city or town, 

the county, the State, and the body of 

water; 

(4) Time and date the casualty or 

accident occurred; 

(5) Location on the water; 

(6) Visibility, weather, and water 

conditions; 

(7) Estimated air and water 

temperatures; 

(8) Name, address, age, or date of 

birth, telephone number, vessel 

operating experience, and boating safety 

training of the operator making the 

report; 

(9) Name and address of each operator 

of each vessel involved; 

(10) Number of persons on board or 

towed on skis by each vessel; 

(11) Name, address, and date of birth 

of each person injured or killed; 

(12) Cause of each death; 

(13) Weather forecasts available to, 

and weather reports used by, the 

operator before and during the use of 

the vessel; 

(14) Name and address of each owner 

of property involved; 

(15) Availability and use of personal 

flotation devices; 

(16) Type and amount of each fire 

extinguisher used; 

(17) Nature and extent of each injury; 

(18) Description of all property 

damage and vessel damage with an 

estimate of the cost of all repairs; 

(19) Description of each equipment 

failure that caused or contributed to the 

cause of the casualty; 

(20) Description of the vessel casualty 

or accident; 

(21) Type of vessel operation 

(cruising, drifting, fishing, hunting, 

skiing, racing, or other), and the type of 

accident (capsizing, sinking, fire, or 

explosion or other); 

(22) Opinion of the person making the 

report as to the cause of the casualty, 

including whether or not alcohol or 

drugs, or both, was a cause or 

contributed to causing the casualty; 

(23) Make, model, type (open, cabin, 

house, or other), beam width at widest 

point, length, depth from transom to 

keel, horsepower, propulsion (outboard, 

inboard, inboard outdrive, sail, or 

other), fuel (gas, diesel, or other), 

construction (wood, steel, aluminum, 

plastic, fiberglass, or other), and year 

built (model year), of the reporting 

operator’s vessel; 

(24) Name, address, and telephone 

number of each witness; 

(25) Manufacturer’s hull identification 

number, if any, of the reporting 

operator’s vessel; and 

(26) Name, address, and telephone 

number of the person submitting the 

report. 

(c) Effective January 1, [THE FOURTH 

YEAR FOLLOWING THE YEAR OF THE 

EFFECTIVE DATE OF THE FINAL 

RULE], each report must contain, if 

available, at least the following 

information about the casualty or 

accident: 

(1) Numbers and names of each vessel 

involved; 

(2) Name and address of each owner 

of each vessel involved; 

(3) Name of the nearest city or town, 

the county, the State, and the body of 

water; 

(4) Time and date the incident 

occurred; 

(5) Location on the water; 

(6) Visibility, weather, and water 

conditions; 

(7) Estimated air and water 

temperatures; 

(8) Name, address, age or date of birth, 

telephone number, vessel operating 

experience, and boating safety training 

of the operator making the report; 

(9) Name and address of each operator 

of each vessel involved; 

(10) Number of persons on board 

(including people participating in towed 

watersports); 

(11) Name, address, and date of birth 

of each person injured or killed; 

(12) Cause of each death; 

(13) Weather forecasts available to, 

and weather reports used by, the 

operator before and during the use of 

the vessel; 

(14) Name, address, and telephone 

number of each owner of property 

damaged; 


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(15) Availability and use of personal 

flotation devices; 

(16) Number and type of each fire 

extinguisher aboard the vessel; 

(17) Nature and extent of each injury; 

(18) Description of all property 

damage and vessel damage with an 

estimate of the cost of all repairs; 

(19) Description of each equipment 

failure that caused or contributed to the 

cause of the incident; 

(20) Description of the incident; 

(21) Characteristics of the reporting 

owner’s or operator’s vessel, as follows: 

(i) Make of vessel; 

(ii) Model; 

(iii) Model year; 

(iv) Manufacturer’s hull identification 

number, if any; 

(v) Vessel type: Authorized terms are 

‘‘open motorboat’’, ‘‘cabin motorboat’’, 

‘‘air boat’’, ‘‘inflatable boat’’, ‘‘auxiliary 

sail’’, ‘‘sail only’’, ‘‘paddlecraft’’, 

‘‘personal watercraft’’, ‘‘pontoon boat’’, 

‘‘houseboat’’, ‘‘rowboat’’, or ‘‘other’’; 

(vi) Overall length of vessel; 

(vii) Horsepower; 

(viii) Engine drive type: Authorized 

terms are ‘‘inboard’’, ‘‘outboard’’, ‘‘pod 

drive’’, ‘‘sterndrive’’, or ‘‘other’’; 

(ix) Propulsion type: Authorized 

terms are ‘‘propeller’’, ‘‘sail’’, ‘‘water jet’’, 

‘‘air thrust’’, ‘‘manual’’, or ‘‘other’’; 

(x) Fuel: Authorized terms are ‘‘gas’’, 

‘‘diesel’’, ‘‘electric’’, or ‘‘other’’; 

(xi) Hull material: Authorized terms 

are ‘‘wood’’, ‘‘aluminum’’, ‘‘steel’’, 

‘‘fiberglass’’, ‘‘plastic’’, ‘‘rubber/vinyl/ 

canvas’’, or ‘‘other’’; 

(22) Operation of vessel at time of 

incident: Authorized terms are 

‘‘maintaining course and speed’’, 

‘‘changing course’’ or ‘‘changing speed’’; 

(23) Activity at time of incident: 

Authorized terms are ‘‘at anchor’’, ‘‘being 

towed’’, ‘‘commercial activity’’, 

‘‘cruising’’, ‘‘docking/undocking’’, 

‘‘drifting’’, ‘‘fishing’’, ‘‘fueling’’, ‘‘hunting’’, 

‘‘launching’’, ‘‘making repairs’’, ‘‘racing’’, 

‘‘rowing/paddling’’, ‘‘sailing’’, ‘‘scuba 

diving/snorkeling’’, ‘‘starting engine’’, 

‘‘swimming’’, ‘‘tied to dock/moored’’, 

‘‘towed watersports’’, ‘‘towing another 

vessel’’, ‘‘whitewater boating’’, or ‘‘other’’; 

(24) Whether the incident took place 

during a permitted event (yes or no); 

(25) Type of incident: Authorized 

terms are ‘‘capsizing’’, ‘‘carbon monoxide 

exposure’’, ‘‘collision with fixed object’’, 

‘‘collision with floating object’’, 

‘‘collision with vessel’’, ‘‘electrocution’’, 

‘‘fall on/within a vessel’’, ‘‘fall 

overboard’’, ‘‘fire or explosion (fuel)’’, 

‘‘fire or explosion (other)’’, ‘‘flooding/ 

swamping’’, ‘‘grounding’’, ‘‘person leaves 

a vessel’’, ‘‘person ejected from vessel’’, 

‘‘sinking’’, ‘‘towed watersports mishap’’, 

‘‘struck by vessel’’, ‘‘struck by propeller 

or propulsion unit’’, ‘‘struck submerged 

object’’, or ‘‘other’’; 

(26) Cause of incident, in the opinion 

of the person making the report, 

including whether or not alcohol or 

drugs, or both, was a cause or 

contributed to causing the incident; 

(27) Name, address, and telephone 

number of each witness; and 

(28) Name, address, and telephone 

number of the person submitting the 

report. 

13. Revise § 173.59 to read as follows: 

§ 173.59 Where to report. 

The report required by 33 CFR 173.55 

must be submitted to the reporting 

authority, listed in Appendix A of this 

part, where the casualty or accident 

occurred. 

14. Revise § 173.71 to read as follows: 

§ 173.71 Application for and issuance of 

certificate of number. 

(a) The owner of a vessel to which 33 

CFR 173.11 applies and for which a 

certificate of number is required may 

apply for that certificate to the issuing 

authority for the vessel’s State of 

principal operation listed in Appendix 

A of this part. The application must be 

made in the manner specified by the 

issuing authority and must be 

accompanied by payment of any fee 

required by the issuing authority. 

(b) Upon determination that the 

owner’s application for a certificate of 

number complies with the requirements 

of paragraph (a) of this section, the 

issuing authority may issue a certificate 

of number. 

(c) A duplicate certificate of number 

may be applied for and issued as 

provided by paragraphs (a) and (b) of 

this section, upon the owner’s statement 

that the original certificate has been lost 

or destroyed. 

§ 173.73 [Removed] 

15. Remove § 173.73. 

§ 173.77 [Amended] 

16. In § 173.77(d), remove the word 

‘‘used’’ and add, in its place, the word 

‘‘operated’’. 

Appendix A [Amended] 

17. In Appendix A to Part 173, in 

paragraph (c), remove the word ‘‘use’’ 

and add, in its place, the word 

‘‘operation’’. 

PART 174—STATE NUMBERING AND 

CASUALTY REPORTING SYSTEMS 

18. The authority citation for part 174 

continues to read as follows: 

Authority: 46 U.S.C. 6101 and 12302; 

Department of Homeland Security Delegation 

No. 0170.1(92). 

19. Revise § 174.1 to read as follows: 

§ 174.1 Applicability; preemptive effect. 

This part establishes a standard 

numbering system for vessels and a 

uniform vessel casualty reporting 

system for vessels by prescribing 

requirements applicable to the States for 

approval of State numbering systems. 

The regulations in subparts A, B, and D 

of this part have preemptive effect over 

conflicting State or local regulation. The 

regulations in subpart C of this part 

have preemptive effect over State or 

local regulation within the same field, 

except to the extent that Congress 

requires the Coast Guard to allow State 

casualty reporting systems pursuant to 

46 U.S.C. Chapter 131. 

20. Revise § 174.3 to read as follows: 

§ 174.3 Definitions. 

As used in this part: 

Airboat means a vessel that is 

typically flat-bottomed and propelled by 

an aircraft-type propeller and powered 

by an engine. 

Auxiliary sail means a vessel whose 

primary method of propulsion is sail but 

has a secondary means of mechanical 

propulsion. 

Cabin motorboat means a type of 

vessel propelled by propulsion 

machinery that provides enclosed 

spaces inside the structure of the vessel. 

Certificate of number means a 

certificate issued by a State that meets 

the requirements of 33 CFR 174.19, 

containing vessel and vessel owner 

registration information for a vessel that 

is registered and issued a number in that 

State. 

Charter fishing means a vessel 

carrying a passenger(s) for hire who is 

(are) engaged in recreational fishing. 

Commercial fishing means a vessel 

that commercially engages in the 

catching, taking, or harvesting of fish 

which, either in whole or in part, is 

intended to enter commerce through 

sale, barter or trade. 

Houseboat means a motorized vessel 

that is usually non-planing and 

designed primarily for multipurpose 

accommodation spaces with low 

freeboard and little or no foredeck or 

cockpit. 

Hull identification number or HIN 

means a serial number that meets the 

requirements of 33 CFR part 181, 

subpart C. 

Inboard, in the context of an engine, 

means an engine mounted inside the 

confines of a vessel which turns a drive 

shaft that runs through the bottom of the 

hull and is attached to a propeller or 

water jet at the other end. 

Inflatable boat means a vessel that 

uses air-filled flexible fabric for 

buoyancy. 


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Open motorboat means a type of 

vessel equipped with propulsion 

machinery which has an open load 

carrying area not protected from the 

entry of water by means of a continuous 

deck. 

Operator means the person who is in 

control or in charge of a vessel while it 

is in use. 

Outboard, in the context of an engine, 

means an engine with propeller or water 

jet integrally attached, which is usually 

mounted at the stern of a vessel. 

Owner means a person who claims 

lawful possession of a vessel by virtue 

of a legal title or an equitable interest 

therein, which entitles him to such 

possession and includes co-owners. 

Paddlecraft means a vessel powered 

only by a craft’s occupant(s) using a 

single or double bladed paddle as a 

lever without the aid of a fulcrum 

provided by oarlocks, thole pins, 

crutches or similar arrangements. 

Person means an individual, firm, 

partnership, corporation, company, 

association, joint-stock association, or 

governmental entity and includes a 

trustee, receiver, assignee, or similar 

representative of any of them. 

Personal watercraft means a vessel 

propelled by a water-jet pump or other 

machinery as its primary source of 

motive power which is designed to be 

operated by a person sitting, standing, 

or kneeling on the vessel, rather than 

the conventional manner of sitting or 

standing within the confines of the hull. 

Pod drive means an engine mounted 

in front of the transom of a vessel and 

attached through the bottom of the hull 

to a steerable propulsion unit. 

Pontoon boat means a vessel with a 

broad, flat deck that is affixed on top of 

closed cylinders which are used for 

buoyancy, the basic design of which is 

usually implemented with two rows of 

floats as a catamaran or with three rows 

of floats as a trimaran. 

Reporting authority means a State 

listed in 33 CFR part 173, Appendix A, 

as having a numbering system approved 

by the Coast Guard, or the Coast Guard 

where a numbering system has not been 

approved. 

Rowboat means an open vessel 

manually propelled by oars. 

Sail only means a vessel propelled 

only by sails. 

State means a State of the United 

States, Guam, the Commonwealth of 

Puerto Rico, the Virgin Islands, 

American Samoa, the District of 

Columbia, the Commonwealth of the 

Northern Mariana Islands, and any other 

territory or possession of the United 

States. 

State of principal operation means the 

State in whose waters a vessel is or will 

be operated most during a calendar year. 

Sterndrive means an engine mounted 

in front of the transom of a vessel which 

is attached through the transom to a 

drive unit that is similar to the lower 

unit of an outboard. The engine turns a 

drive shaft that is attached to a propeller 

at the other end. A sterndrive is also 

known as an inboard-outdrive or an 

inboard-outboard. 

21. Add new § 174.16 to read as 

follows: 

§ 174.16 Verification of hull identification 

number. 

(a) As used in this section, ‘‘action’’ 

means an action by an issuing authority 

listed in 33 CFR part 173, Appendix A, 

to issue, renew, or update the 

ownership information for a certificate 

of number under this part. 

(b) Effective [DATE 3 YEARS FROM 

EFFECTIVE DATE OF FINAL RULE], 

before taking any action relating to a 

vessel imported or manufactured on or 

after November 1, 1972, the issuing 

authority must determine whether the 

vessel has a HIN meeting the 

requirements of 33 CFR part 181, 

subpart C. 

(c) If, pursuant to paragraph (b) of this 

section, the issuing authority 

determines that the vessel does not have 

a HIN meeting the requirements of 33 

CFR part 181, subpart C, then before 

taking any action the issuing authority 

must: 

(1) Assign such a HIN to the vessel; 

and 

(2) Require the owner to make the 

vessel available to a representative of 

the issuing authority’s State so that the 

representative can permanently affix the 

HIN to the vessel in compliance with 33 

CFR part 181, subpart C. 

22. Revise § 174.17 to read as follows: 

§ 174.17 Contents of application for 

certificate of number. 

(a) An application for a certificate of 

number must contain the following 

information: 

(1) Name of owner; 

(2) Address of owner; 

(3) Owner identifier, which must be 

the owner’s tax identification number; 

date of birth together with driver’s 

license number; or other unique 

number; 

(4) [Reserved] 

(5) State of principal operation; 

(6) Number previously issued by an 

issuing authority; 

(7) Application type: Authorized 

terms are ‘‘new number’’, ‘‘renewal of 

number’’, or ‘‘transfer of ownership’’; 

(8) Primary operation: Authorized 

terms are ‘‘pleasure’’, ‘‘rent or lease’’, 

‘‘dealer or manufacturer demonstration’’, 

‘‘charter fishing’’, ‘‘commercial fishing’’, 

‘‘commercial passenger carrying’’, or 

‘‘other commercial operation’’; 

(9) Make and model of vessel; 

(10) Model year; 

(11) Hull identification number, if 

any; 

(12) Overall length of vessel; 

(13) Vessel type: Authorized terms are 

‘‘open motorboat’’, ‘‘cabin motorboat’’, 

‘‘air boat’’, ‘‘inflatable boat’’, ‘‘auxiliary 

sail’’, ‘‘sail only’’, ‘‘paddlecraft’’, 

‘‘personal watercraft’’, ‘‘pontoon boat’’, 

‘‘houseboat’’, ‘‘rowboat’’, or ‘‘other’’; 

(14) Hull material: Authorized terms 

are ‘‘wood’’, ‘‘aluminum’’, ‘‘steel’’, 

‘‘fiberglass’’, ‘‘plastic’’, ‘‘rubber/vinyl/ 

canvas’’, or ‘‘other’’; 

(15) Propulsion type: Authorized 

terms are ‘‘propeller’’, ‘‘sail’’, ‘‘water jet’’, 

‘‘air thrust’’, ‘‘manual’’, or ‘‘other’’; 

(16) Engine drive type: Authorized 

terms are ‘‘inboard’’, ‘‘outboard’’, ‘‘pod 

drive’’, ‘‘sterndrive’’, or ‘‘other’’; 

(17) Fuel: Authorized terms are ‘‘gas’’, 

‘‘diesel’’, ‘‘electric’’, or ‘‘other’’; and 

(18) Signature of the owner. 

(b)(1) An application made by a 

manufacturer or dealer for a number 

that is to be temporarily affixed to a 

vessel for demonstration or test 

purposes may omit the information 

under paragraphs (a)(9) through (a)(17) 

of this section. 

(2) An application made by an owner 

of a vessel without propulsion 

machinery may omit the information 

under paragraphs (a)(16) and (a)(17) of 

this section. 

(c) For an issuing authority listed in 

33 CFR part 173, Appendix A on 

[EFFECTIVE DATE OF FINAL RULE], 

the requirements of paragraphs (a) and 

(b) of this section apply on [DATE 3 

YEARS FROM EFFECTIVE DATE OF 

FINAL RULE]. Between [EFFECTIVE 

DATE OF FINAL RULE] and [DATE 3 

YEARS FROM EFFECTIVE DATE OF 

FINAL RULE], the issuing authority may 

continue to accept applications 

containing the contents required by that 

reporting authority prior to [EFFECTIVE 

DATE OF FINAL RULE]. 

23. Revise § 174.19 to read as follows: 

§ 174.19 Contents of a certificate of 

number. 

(a) Except as allowed in paragraph (b) 

of this section, each certificate of 

number must contain the following 

information: 

(1) Number issued to the vessel; 

(2) Expiration date of the certificate; 

(3) State of principal operation; 

(4) Name of owner; 

(5) Address of owner; 

(6) Primary operation: Includes 

pleasure, rent or lease, dealer or 


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manufacturer demonstration, charter 

fishing, commercial fishing, commercial 

passenger carrying, or other commercial 

operation; 

(7) Hull identification number, if any; 

(8) Make and model of vessel; 

(9) Model year; 

(10) Overall length of vessel; 

(11) Vessel type: Includes open 

motorboat, cabin motorboat, air boat, 

inflatable boat, auxiliary sail, sail only, 

paddlecraft, personal watercraft, 

pontoon boat, houseboat, rowboat, or 

‘‘other’’; 

(12) Hull material: Includes wood, 

aluminum, steel, fiberglass, plastic, 

rubber/vinyl/canvas, or ‘‘other’’; 

(13) Propulsion type: Includes 

propeller, sail, water jet, air thrust, 

manual, or ‘‘other’’; 

(14) Engine drive type: Includes 

inboard, outboard, pod drive, 

sterndrive, or ‘‘other’’; and 

(15) Fuel: Includes gas, diesel, 

electric, or ‘‘other.’’ 

(b)(1) A certificate of number issued 

to a manufacturer or dealer for use on 

a vessel for test or demonstration 

purposes may omit the information 

under paragraphs (a)(7) through (a)(15) 

of this section if the word 

‘‘manufacturer’’ or ‘‘dealer’’ is plainly 

marked on the certificate. 

(2) A certificate of number issued for 

a vessel without propulsion machinery 

may omit paragraphs (a)(14) and (a)(15) 

of this section if the words ‘‘manual 

vessel’’ are plainly marked on the 

certificate. 

(3) An issuing authority may print on 

the certificate of number a quotation of 

State boating regulations or other 

boating-related information, such as 

safety reminders, or registration or law 

enforcement contact information. 

(c) For an issuing authority listed in 

Appendix A of this part on [EFFECTIVE 

DATE OF FINAL RULE], the 

requirements of paragraphs (a) and (b) of 

this section apply on [DATE 3 YEARS 

FROM EFFECTIVE DATE OF FINAL 

RULE]. Between [EFFECTIVE DATE OF 

FINAL RULE] and [DATE 3 YEARS 

FROM EFFECTIVE DATE OF FINAL 

RULE], the issuing authority may 

continue to issue certificates of number 

containing the contents in effect on 

[EFFECTIVE DATE OF FINAL RULE]. 

24. Revise § 174.21 to read as follows: 

§ 174.21 Temporary certificates. 

(a) An issuing authority may issue a 

temporary certificate of number, valid 

for no more than 60 days from its date 

of issuance. 

(b) Each temporary certificate must 

contain the following information: 

(1) Vessel’s hull identification 

number, if any; 

(2) Make of vessel; 

(3) Length of vessel; 

(4) Type of propulsion; 

(5) State in which vessel is principally 

operated; 

(6) Name of owner; 

(7) Address of owner, including ZIP 

code; 

(8) Signature of owner; 

(9) Date of issuance; and 

(10) Notice to the owner that the 

temporary certificate is valid for the 

time it specifies, not to exceed 60 days 

from the date of issuance. 

(c) For an issuing authority listed in 

33 CFR part 173, Appendix A on 

[EFFECTIVE DATE OF FINAL RULE], 

the requirements of paragraph (b) of this 

section apply on [DATE 3 YEARS 

FROM EFFECTIVE DATE OF FINAL 

RULE]. Between [EFFECTIVE DATE OF 

FINAL RULE] and [DATE 3 YEARS 

FROM EFFECTIVE DATE OF FINAL 

RULE], the issuing authority may 

continue to issue temporary certificates 

containing the contents in effect on 

[EFFECTIVE DATE OF FINAL RULE]. 

25. Revise § 174.121 to read as 

follows: 

§ 174.121 Forwarding of casualty or 

accident reports. 

Within 30 days of the receipt of a 

casualty or accident report, the 

reporting authority receiving the report 

must forward a paper or electronic copy 

of that report to the Commandant (CG– 

5422), U.S. Coast Guard, 2100 Second 

Street, SW., Stop 7581, Washington, DC 

20593–7581. 

26. Revise § 174.125 to read as 

follows: 

§ 174.125 Coast Guard address. 

The report required by 33 CFR 

174.123 must be sent to the 

Commandant (CG–5422), U.S. Coast 

Guard, 2100 Second Street, SW., Stop 

7581, Washington, DC 20593–7581. 

PART 181—MANUFACTURER 

REQUIREMENTS 

27. The authority citation for part 181 

is revised to read as follows: 

Authority: 46 U.S.C. 4302; Department of 

Homeland Security Delegation No. 0170.1 

(92). 

28. Revise § 181.1 to read as follows: 

§ 181.1 Purpose and applicability; 

preemptive effect. 

This part prescribes requirements for 

the certification of boats and associated 

equipment and identification of boats to 

which 46 U.S.C. Chapter 43 applies. The 

regulations in this part have the 

preemptive effect described in 46 U.S.C. 

4306. 

29. In § 181.3, revise the definition for 

‘‘Manufacturer’’ and add, in alphabetical 

order, a definition for ‘‘State’’ to read as 

follows: 

§ 181.3 Definitions. 

* * * * * 

Manufacturer means any person 

engaged in: 

(1) The manufacture, construction, or 

assembly of boats or associated 

equipment; or 

(2) The importation into the United 

States of boats, associated equipment, or 

components thereof. 

* * * * * 

State means a State of the United 

States, Guam, the Commonwealth of 

Puerto Rico, the Virgin Islands, 

American Samoa, the District of 

Columbia, the Commonwealth of the 

Northern Mariana Islands, and any other 

territory or possession of the United 

States. 

30. Revise § 181.23 to read as follows: 

§ 181.23 Hull identification numbers 

required. 

(a) A manufacturer, as defined in 

§ 181.3 of this part, must identify each 

boat produced or imported with two 

hull identification numbers (HIN) that 

meet the requirements of this subpart: 

(1) A primary HIN affixed in 

accordance with §§ 181.29(a) and (c) of 

this subpart; and 

(2) A duplicate HIN affixed in 

accordance with §§ 181.29(b) and (c) of 

this subpart. 

(b) A person who manufactures or 

imports a boat for his or her own use 

and not for sale must obtain the 

required hull identification number in 

accordance with the requirements of the 

issuing authority listed in 33 CFR part 

173, Appendix A for the boat’s State of 

principal operation, as defined in 33 

CFR 173.3, and make the boat available 

to a representative of the issuing 

authority who will permanently affix 

the HINs. 

(c) No person may assign the same 

HIN to more than one boat. 

31. Revise § 181.31 to read as follows: 

§ 181.31 Manufacturer identification code 

assignment. 

(a) Each person required by 33 CFR 

181.23(a) to affix hull identification 

numbers must request a manufacturer 

identification code in writing from the 

Commandant (CG–54223), 2100 Second 

Street, SW., Stop 7581, Washington, DC 

20593–7581. The request must indicate 

the manufacturer’s name and U.S. 

address along with the general types 

and lengths of boats that will be 

manufactured. 

(b) For boats manufactured outside of 

the jurisdiction of the United States, a 

U.S. importer must obtain a 


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25150 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Proposed Rules 

manufacturer identification code as 

required by paragraph (a) of this section. 

The request must indicate the importer’s 

name and U.S. address along with a list 

of the manufacturers, their addresses, 

and the general types and sizes of boats 

that will be imported. If a nation has a 

hull identification number system 

which has been accepted by the Coast 

Guard for the purpose of importing 

boats, it may be used by the importer 

instead of the one specified within this 

subpart. To request a list of those 

nations having such a numbering 

system, write to the Commandant (CG– 

54223), 2100 Second Street, SW., Stop 

7581, Washington, DC 20593–7581. 

PART 187—VESSEL IDENTIFICATION 

SYSTEM 

32. The authority citation for part 187 

is revised to read as follows: 

Authority: 46 U.S.C. 2103, 12501; 

Department of Homeland Security Delegation 

No. 0170.1 (92). 

33. Revise § 187.11 to read as follows: 

§ 187.11 What are the procedures to 

participate in VIS? 

(a) A State wanting to participate in 

VIS must inform the Commandant, in 

writing, describing its willingness and 

ability to comply with each requirement 

of 33 CFR 187.201. If the Commandant 

is satisfied that the State will comply 

fully with 33 CFR 187.201, the State 

will be allowed to participate in VIS and 

will be listed in Appendix A to this 

part, for so long as the Commandant 

determines that the State complies fully 

with 33 CFR 187.201. 

(b) A State wanting to participate in 

VIS, but unable to comply with one or 

more requirements of 33 CFR 187.201, 

may participate in VIS under one or 

more waivers, for good cause shown. 

For purposes of this section, ‘‘good 

cause’’ includes the existence of State 

law prohibiting full compliance. A State 

wanting to participate in VIS under one 

or more waivers: 

(1) So informs the Commandant, in 

writing; 

(2) Describes the requirement or 

requirements for which waiver is 

sought, and the good cause for 

noncompliance; and 

(3) Describes the steps the State 

intends to take to remove the good cause 

and the anticipated time needed to do 

so. 

(c) The Commandant may allow a 

State to participate in VIS under one or 

more waivers, pursuant to a 

memorandum of agreement between the 

Coast Guard and the State. 

(1) The memorandum of agreement 

recites the information provided by the 

State under paragraph (b) of this section, 

and is valid for not more than three 

years, during which time the State will 

be deemed to participate in VIS and be 

listed in Appendix A to this part. 

(2) The State may withdraw from the 

memorandum of agreement and 

participation in VIS upon written notice 

to the Commandant. The Commandant 

may terminate the memorandum of 

agreement and the State’s participation 

in VIS for noncompliance with the 

terms of the memorandum. 

(3) Participation in VIS under one or 

more waivers beyond the term of the 

initial memorandum of agreement 

requires a new memorandum. 

(4) If the good cause for waivers is 

eliminated within the term of the 

memorandum of agreement, the State 

may so inform the Commandant in 

writing. The Commandant may then 

consider the State to participate in VIS 

under paragraph (a) of this section. 

34. Revise § 187.103 to read as 

follows: 

§ 187.103 What information must be 

collected to identify a vessel? 

A participating State must collect the 

following information on a vessel it has 

numbered or titled and make it available 

to VIS: 

(a) Manufacturer’s hull identification 

number, if any; 

(b) Official number, if any, assigned 

by the Coast Guard or its predecessor; 

(c) Number on certificate of number 

assigned by the issuing authority of the 

State; 

(d) Expiration date of certificate of 

number; 

(e) Number previously issued by an 

issuing authority; 

(f) Make and model of vessel; 

(g) Model year: Includes model year, 

manufacture year, or year built; 

(h) Overall length; 

(i) Vessel type: Authorized terms are 

‘‘open motorboat’’, ‘‘cabin motorboat’’, 

‘‘air boat’’, ‘‘inflatable boat’’, ‘‘auxiliary 

sail’’, ‘‘sail only’’, ‘‘paddlecraft’’, 

‘‘personal watercraft’’, ‘‘pontoon boat’’, 

‘‘houseboat’’, ‘‘rowboat’’, or ‘‘other’’; 

(j) Hull material: Authorized terms are 

‘‘wood’’, ‘‘aluminum’’, ‘‘steel’’, 

‘‘fiberglass’’, ‘‘plastic’’, ‘‘rubber/vinyl/ 

canvas’’, or ‘‘other’’; 

(k) Propulsion type: Authorized terms 

are ‘‘propeller’’, ‘‘sail’’, ‘‘water jet’’, ‘‘air 

thrust’’, ‘‘manual’’, or ‘‘other’’; 

(l) Engine drive type: Authorized 

terms are ‘‘inboard’’, ‘‘outboard’’, ‘‘pod 

drive’’, ‘‘sterndrive’’, or ‘‘other’’; 

(m) Fuel: Authorized terms are ‘‘gas’’, 

‘‘diesel’’, ‘‘electric’’, or ‘‘other’’; and 

(n) Primary use: Authorized terms are 

‘‘pleasure’’, ‘‘rent or lease’’, ‘‘dealer or 

manufacturer demonstration’’, ‘‘charter 

fishing’’, ‘‘commercial fishing’’, 

‘‘commercial passenger carrying’’, or 

‘‘other commercial operation’’. 

Dated: May 3, 2010. 

Kevin S. Cook, 

Rear Admiral, U.S. Coast Guard, Director of 

Prevention Policy. 

[FR Doc. 2010–10723 Filed 5–6–10; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL MARITIME COMMISSION 

46 CFR Parts 520 and 532 

[Docket No. 10–03] 

RIN 3072–AC38 

NVOCC Negotiated Rate Arrangements 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Federal Maritime 

Commission proposes a new exemption 

for non-vessel-operating common 

carriers agreeing to negotiated rate 

arrangements from certain provisions 

and requirements of the Shipping Act of 

1984 and certain provisions and 

requirements of the Commission’s 

regulations. 

DATES: Written comments are due by 

June 4, 2010. If an interested party 

requests an opportunity to present oral 

comments to the Commission 

concerning the proposed regulatory 

changes by May 14, 2010, the FMC will 

hold a public meeting on May 24, 2010. 

ADDRESSES: Submit all comments 

concerning this proposed rule to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street, 

NW., Room 1046, Washington, DC 

20573–0001. secretary@fmc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca A. Fenneman, Deputy General 

Counsel, Federal Maritime Commission, 

800 North Capitol Street, NW., Room 

1018, Washington, DC 20573–0001. 

(202) 523–5740. 

generalcounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Submit Comments: Submit an original 

and fifteen copies of written comments 

in paper form, and submit a copy in 

electronic form (Microsoft Word 2007 or 

2003) by e-mail to secretary@fmc.gov on 

or before June 4, 2010. Include in the 

subject line: ‘‘Docket No. 10–03 

Comments on NVOCC Negotiated Rate 

Arrangements’’. Interested parties may 

also request an opportunity to present 

oral comments to the Commission at a 

public meeting to take place on May 24, 


jlentini on DSKJ8SOYB1PROD with PROPOSALS