12188 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules

be established through a notice

published in the Federal Register.

Beginning in FY 1996, the normal

maximum amount is $50,000. Unless

otherwise provided by law, if the

Director determines that exceptional

circumstance warrant, the Director,

consistent with the policy direction of

the Board, may award a conservation

grant which obligates an amount in

Federal funds in excess of the normal

maximum award. IMS may establish a

maximum award level for exceptional

project grants for a particular fiscal year

through information made available in

guidelines or other material distributed

to all applicants.

* * * * *

3. Section 1180.17 is revised to read

as follows:

§ 1180.17 Reports.

In its final reports a grantee shall

briefly detail how the expenditure of the

grant funds has satisfied the proposed

use of the funds as stated in its General

Operating Support application or has

accomplished the proposal as set forth

in its application and has served the

purpose of the Act as reflected in the

applicable evaluation criteria in

§ 1180.14.

Section 1180.35 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 1180.35 Group applications.

(a) Eligible museums may apply as a

group for a project grant.

(b) If a group of museums applies for

a grant, the members of the group shall

either:

(1) Designate one member of the

group to apply for the grant; or

(2) Establish a separate, eligible legal

entity, consisting solely of the museum

group, to apply for the grant.

* * * * *

§ 1180.40 [Reserved]

5. Section 1180.40 is removed and

reserved.

6. Section 1180.41 is amended by

revising paragraph (a) to read as follows:

§ 1180.41 The cost analysis; basis for

grant amount.

(a) Before the Director sets the amount

of a grant, a cost analysis of the project

is made which involves an examination

of:

(1) The cost data in the detailed

budget for the project;

(2) Specific elements of cost; and

(3) The necessity, reasonableness, and

allowability under applicable statutes

and regulations.

* * * * *

7. Section 1180.45 is amended by

revising the heading and paragraph (a)

to read as follows:

§ 1180.45 Use of consultants.

(a) Subject to Federal statutes and

regulations, a grantee shall adhere to its

general policies and practices when it

hires, uses, and pays a consultant as

part of the staff.

* * * * *

8. Sections 1180.48 through 1180.50

and 1180.58 are revised to read as

follows:

§ 1180.48 General conditions on

publications.

(a) Content of materials. Subject to

any specific requirements that apply to

its grant, a grantee may decide the

format and content of materials that it

publishes or arranges to have published.

(b) Required Statement. The grantee

shall ensure that any publication that

contains materials also contains the

following statement:

The contents of this (insert type of

publication, e.g., book, report, film) were

developed in whole or in part under a grant

from the Institute of Museum Services.

However, the contents do not necessarily

represent the policy of the Institute, and

endorsement by the Federal Government

should not be assumed.

§ 1180.49 Copyright policy for grantees.

A grantee may copyright materials in

accordance with government-wide

policy applicable to copyright of

publications developed under Federal

grants.

§ 1180.50 Definition of ‘‘materials.’’

As used in §§ 1180.48 through

1180.49, materials means a

copyrightable work developed in whole

or in part with funds from a grant from

the Institute.

§ 1180.58 Records related to performance.

(a) A grantee shall keep records

revealing progress and results under the

grant.

(b) The grantee shall use the records

under paragraph (a) of this section to:

(1) Determine progress in

accomplishing objectives; and

(2) Revise those objectives, if

necessary, and authorized under the

grant.

9. Section 1180.59 is amended by

revising paragraph (a) to read as follows:

§ 1180.59 Applicability.

(a) Subparts B and C (§§ 1180.30

through 1180.58) apply to General

Operating Support assistance, except as

otherwise provided in these regulations.

* * * * *

10. Section 1180.75 is amended by

revising paragraph (d) to read as

follows:

§ 1180.75 Funding and award procedures.

* * * * *

(d) A museum receiving assistance

under this subpart must submit a final

financial and narrative report that

evaluates the success of the assessment

and actions taken by the museum as a

result of the assessment. IMS may

request the report be submitted up to 12

months after the close of the grant

period.

(20 U.S.C. 96–969)

* * * * *

[FR Doc. 95–5341 Filed 3–3–95; 8:45 am]

BILLING CODE 7036–01–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 67

[CGD 94–070]

RIN 2115–AE98

Facsimile Filing of Instruments

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

amend its vessel documentation

regulations to provide for optional filing

of commercial instruments by facsimile,

and to establish a filing and recording

handling fee for filing instruments by

facsimile. The option of filing

commercial instruments by facsimile

complements the centralization of Coast

Guard vessel documentation services.

Facsimile filing of commercial

instruments is one way in which a

centralized vessel documentation center

can deliver timely services to distant

vessel documentation customers and be

responsive to time sensitive matters.

Filing commercial instruments by

facsimile should further streamline the

vessel documentation process.

DATES: Comments must be received on

or before May 5, 1995.

ADDRESSES: Comments may be mailed to

the Executive Secretary, Marine Safety

Council (G–LRA/3406) (CGD 94–070),

U.S. Coast Guard Headquarters, 2100

Second Street SW., Washington, DC

20593–0001, or may be delivered to

room 3406 at the same address between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays. The

telephone number is (202) 267–1477.

The Executive Secretary maintains the

public docket for this rulemaking.

Comments will become part of this

docket and will be available for
Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules 12189

inspection or copying at room 3406,

U.S. Coast Guard Headquarters, between

8 a.m. and 3 p.m., Monday through

Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Don M. Wrye,

Vessel Documentation and Tonnage

Survey Branch; (202) 267–1492.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments. Persons submitting

comments should include their names

and addresses, identify this rulemaking

(CGD 94–070) and the specific section of

this proposal to which each comment

applies, and give the reason for each

comment. Please submit two copies of

all comments and attachments in an

unbound format, no larger than 81⁄2 by

11 inches, suitable for copying and

electronic filing. Persons wanting

acknowledgment of receipt of comments

should enclose stamped, self-addressed

postcards or envelopes.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments.

The Coast Guard plans no public

hearing. Persons may request a public

hearing by writing to the Marine Safety

Council at the address under

ADDRESSES. The request should include

the reasons why a hearing would be

beneficial. If it determines that the

opportunity for oral presentations will

aid this rulemaking, the Coast Guard

will hold a public hearing at a time and

place announced by a later notice in the

Federal Register.

Drafting Information

The principal persons involved in

drafting this document are Lieutenant

Commander Don M. Wrye, Project

Manager, and C. G. Green, Project

Counsel, Office of Chief Counsel.

Background and Purpose

Significant changes to the vessel

documentation program were made in

1988 by Public Law 100–710 (the

‘‘statute’’). Among other things, the

statute added chapter 313 to title 46,

U.S. Code, to revise, consolidate, and

codify into positive law the ship

mortgage laws administered by the

Department of Transportation. The

statute made certain substantive

changes to then-existing law to

modernize ship mortgages and the filing

and recording process.

The legislative history for the statute

is contained in House Report No. 100–

918. That report noted that one of the

primary purposes of chapter 313 of title

46, U.S. Code, is to provide third parties

with notice of the existence of

mortgages and liens. The report further

advocates the use of a central computer

system to facilitate access to data. The

report noted that the ‘‘Secretary should

also consider allowing private vessel

documentation services to submit

applications electronically, with

appropriate paper document backup for

legal purposes * * *’’ This proposal

would implement some of the

suggestions the report made concerning

office automation and should realize

some of the benefits expected to flow

from modernization.

On November 15, 1993, the Coast

Guard published a final rule revising 46

CFR part 67 implementing the

substantive changes made by the statute.

The final rule became effective on

January 1, 1994.

Under subpart O of the current

regulations, instruments to be filed and

recorded with the Coast Guard are first

submitted to the appropriate port of

record. An instrument submitted for

filing and recording must be a

completed, executed instrument at the

time it is submitted. If the instrument

submitted meets the minimal

requirements for filing, it is filed and

stamped with a date and time. If all of

the necessary elements for recording the

instrument are present when it is filed,

it can be promptly recorded. If an

instrument is filed but cannot be

recorded because of an error or

omission, the instrument is deemed

‘‘filed subject to termination’’ and a 90-

day window is provided for correction.

If corrected within the 90-day period,

the instrument may then be recorded

with the recording date and time

‘‘relating back’’ to the date and time

filed. If the instrument is not corrected

within the 90-day period, the filing is

terminated and the instrument is

returned. In order to preserve the notice

purpose of the statute, any instrument

filed with the Coast Guard, even if the

filing is terminated and the instrument

not recorded, is indexed on the vessel’s

General Index or Abstract of Title (form

CG–1332). Allowing for the submission

of an instrument by facsimile for filing

would not change any of the procedural

steps provided in the current

regulations. However, the submission of

an instrument by facsimile for filing will

start the process earlier, resulting in an

earlier date and time for filing and

recording purposes.

The Coast Guard is proceeding with

the consolidation of its 14 regional

vessel documentation offices into one

central location. This centralization will

conclude the effort begun in 1983 when

a number of field offices were

consolidated into regional offices.

Although most vessel documentation

transactions are currently completed by

ordinary mail, a number of persons have

expressed concern with regard to

centralization for those cases where

‘‘over-the-counter’’ service is desired.

As an example, some lending

institutions will not advance funds

under a ship mortgage until assured that

the mortgage has been filed and

recorded so as to acquire preferred

status. In such cases, the Coast Guard

documentation officer will verify over

the telephone that the mortgage has

been filed and recorded and the lending

institution will advance funds

immediately. The Coast Guard

anticipates that the desire for such

service will continue. Therefore, the

Coast Guard is contemplating further

use of office automation technology as

part of the centralization effort. One

such use of office automation

technology is the filing of certain forms

and instruments by facsimile. This

document proposes amendments to the

Coast Guard’s regulations to permit

optional submission by facsimile of

certain forms and instruments for filing.

Discussion of Proposed Rules

The Coast Guard proposes to add to

46 CFR part 67 a new § 67.219 to

provide for filing commercial

instruments by facsimile submission.

Paragraph (a) of proposed § 67.219

would limit the instruments that could

be filed by facsimile submission to those

identified as eligible for filing and

recording in § 67.200. Those

instruments are: bills of sale and similar

instruments; deeds of gift; mortgages

and assignments, assumptions,

supplements, amendments,

subordinations, satisfactions, and

releases thereof; preferred mortgages

and assignments, assumptions,

supplements, amendments,

subordinations, satisfactions, and

releases thereof; interlender agreements

affecting mortgages, preferred

mortgages, and related instruments; and

notices of claim of lien and assignments,

amendments, and satisfactions and

releases thereof. Paragraph (a) of

proposed § 67.219 would also list the

facsimile telephone number for the

National Vessel Documentation

Command to which facsimile

submissions may be made. Finally,

paragraph (a) of proposed § 67.219

would require that the vessel to which

the instrument relates either be

currently documented or be the subject

of an application for documentation.
12190 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules

In accordance with § 67.203, no

instrument will be accepted for filing

unless it pertains to a documented

vessel or a vessel for which a properly

completed application for

documentation, redocumentation, or

deletion from documentation is filed.

The Coast Guard deems an instrument

filed contemporaneously with a

properly completed application for

documentation, redocumentation, or

deletion from documentation of the

related vessel to meet the requirements

of the regulation. Therefore, if the vessel

related to the instrument being

submitted by facsimile for filing is not

a currently documented vessel, a

completed application would also have

to be submitted by facsimile with the

instrument.

Paragraph (b) of proposed § 67.219

would require that the person

submitting an instrument by facsimile

for filing within 10 days submit the

original instrument in duplicate to the

National Vessel Documentation

Command. One of the duplicate

instruments submitted would have to

bear original signatures. The 10-day

period would begin to run at the time

the instrument is received by facsimile

at the National Vessel Documentation

Command. Since the instrument being

submitted by facsimile must be a

completed and executed document, the

submitter should be able to take it from

the facsimile machine, place it in an

envelope with the original of any

required application and the

appropriate fee, and mail the original

and a copy to the National Vessel

Documentation Command without

delay. Thus, the 10-day period is

considered a sufficient mailing window.

The duplicate submission requirement

proposed in paragraph (b) would meet

the submission requirement for the

filing of all instruments in § 67.209,

while obtaining the earlier filing date for

those instruments submitted by

facsimile. In addition, paragraph (b) of

proposed § 67.219 would require that

the original of any application required

to be submitted by paragraph (a) of this

section, which is not already on file,

also be submitted to the National Vessel

Documentation Command.

Paragraph (c) of proposed § 67.219

would provide that upon receipt of the

duplicate instruments and the original

of any required application, the date

and time of recording of the instrument

‘‘relates back’’ to the date and time that

the instrument submitted by facsimile

was filed. Provided that the instrument

submitted by facsimile for filing meets

the minimal requirements for filing, it

would be filed at the date and time

received by facsimile. The objective of

submitting an instrument by facsimile

for filing is to obtain an earlier filing

date than could otherwise be acquired.

Because the instrument submitted by

facsimile is itself filed, the process

should work well to meet that objective,

even during weekends. For example, if

an instrument were submitted by

facsimile for filing late Friday evening,

it would not be reviewed to ensure that

it met the filing requirements until the

next regular workday. On a regular

weekend that would be the following

Monday. On most holiday weekends,

that would be the following Tuesday.

Therefore, it is possible that an

instrument submitted by facsimile for

filing would not be reviewed to

determine whether it met the minimal

filing requirements until as many as

four days after it was submitted.

However, if the instrument submitted by

facsimile does meet the filing

requirements, then it would be stamped

filed and the date and time of filing

would be the date and time received by

facsimile. The filing of the instrument

would then be indexed on the vessel’s

General Index or Abstract of Title (form

CG–1332). Of course, the 10-day period

for submitting the duplicate instruments

would also start running on the date the

instrument is submitted by facsimile.

Therefore, persons submitting an

instrument by facsimile for filing must

exercise due diligence to ensure that the

duplicate instruments required by

paragraph (b) arrive within the 10-day

period. When the duplicate instruments

arrive, they would be compared with

the instrument filed by facsimile and, if

not subject to termination under

paragraph (f) of this section, the

instrument would be recorded.

Paragraph (d) of proposed § 67.219

would require that all instruments filed

by facsimile be clearly legible as

received, that they be originally

submitted from 81⁄2-inch by 11-inch

paper in not less than 10-point type

size, and that they be accompanied by

a cover sheet. This requirement would

provide for minimum quality control of

the instruments submitted by facsimile

for filing. In addition, clear legibility of

the instrument as received will assist

Coast Guard personnel to ensure that

the instrument meets minimum

requirements for filing and recording

pending receipt of the duplicate

instruments in accordance with

paragraph (b).

Paragraph (e) of proposed § 67.219

would indicate that the facsimile cover

sheet required by paragraph (d) should

contain the name, address, telephone

number and facsimile telephone number

of the person submitting the instrument

by facsimile, and the number of pages

submitted. This information will assist

Coast Guard personnel to verify receipt

of the complete instrument and will

provide a point of contact should a

difficulty arise in facsimile

transmission.

Paragraph (f) of proposed § 67.219

would state the conditions upon which

the filing of an instrument submitted by

facsimile would be terminated. First, if

the duplicate instruments required by

paragraph (b) are not received within

the 10-day period following submission

of the instrument by facsimile, the filing

is terminated and the instrument

submitted by facsimile is returned to the

submitter. Second, if there is any

variance between the instrument

submitted by facsimile and the

duplicate instruments required by

paragraph (b), the filing is terminated

and the instrument submitted by

facsimile is returned to the submitter.

The provision for termination because

of a variance would ensure that the

instrument being submitted by facsimile

for filing is not being submitted for the

purpose of reserving an earlier filing

date for a different or amended

instrument submitted as the duplicate

instruments required by paragraph (b).

The instrument being submitted by

facsimile for filing must be a complete

and executed instrument at the time it

is submitted, as is the case for any

instrument submitted for filing under

Subpart O of the current regulations.

Paragraph (g) of proposed § 67.219

would provide that where the filing of

an instrument submitted by facsimile is

terminated pursuant to paragraph (f)(3)

because of a variance with the duplicate

instruments submitted in accordance

with paragraph (b), the duplicate

instruments would be treated as an

original submission for filing. Provided

this instrument meets the minimal

requirements for filing, it would be filed

but would be subject to termination

under § 67.217(a)(1). This instrument

would be subject to termination because

of the variance with the earlier

instrument submitted by facsimile. The

termination of filing and distribution of

instruments procedures described in

§ 67.217 (b) and (c) would apply. The

reason for treating this instrument as

subject to termination is that the same

transaction has been addressed by two

different instruments with a variance

between them. Therefore, the veracity of

the facts of the transaction as reflected

in the two instruments is in question.

The instrument submitted as the

duplicate instruments would be subject

to the 90-day termination period in

which the variance may be explained,

thereby curing the defect and allowing

for recording of the instrument. In this
Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules 12191

instance, the recording date and time

would relate back to the date and time

that the ‘‘duplicate instruments’’ were

filed subject to termination. A letter

from the person who submitted the

instrument by facsimile for filing

explaining that the instrument

submitted by facsimile has been

superseded by the duplicate

instruments would be sufficient.

Paragraph (a) of § 67.500 would be

revised to clarify the Coast Guard’s

current practice to not perform any

vessel documentation service which is

subject to a fee until the required fee is

paid. As is current practice, the person

requesting the documentation service

would submit the fee at the time the

service is requested. As applied to the

submission by facsimile of instruments

for filing, the payment of the fee would

accompany the submission of the

duplicate instruments submitted in

accordance with paragraph (b) of this

section.

A new § 67.540 would be added to

clearly state that a handling fee would

be charged for processing an instrument

submitted by facsimile for filing. This

fee would not alter the current per page

fee charged for filing and recording

services, but would be an additional per

page fee.

An appropriate entry in Table

67.550—FEES in § 67.550 would be

added to reflect the amount of the fee

added to address the handling fee. This

additional fee is justified because of the

additional time Coast Guard personnel

would have to expend in processing the

facsimile submission, and to cover the

added expense of facsimile machines.

For example, Coast Guard personnel

would have to receive and sort the

facsimile submission, review it to

ensure that it met minimal filing

requirements, assign a filing date and

time, store the facsimile submission,

retrieve it when the duplicate

instruments were received, and compare

the facsimile with the duplicate

instruments. Based on the additional

personnel handling required for an

instrument submitted by facsimile for

filing, and additional equipment costs, a

fee of $2.00 per page is proposed.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

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

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

The Coast Guard anticipates that

optional filing by facsimile will be used

only in a limited number of cases. For

example, when additional financing is

being negotiated; when an assignment

or assumption of an existing mortgage is

pending; when financing at favorable

rates is time critical; or when a vessel

owner desires to meet a specific sailing

date and filing an instrument is critical

to that date, are situations when filing

by facsimile could be advantageous.

Nevertheless, submission by facsimile is

proposed as an optional method of

presenting documents for filing. A party

may always use regular mail or personal

delivery if desired. Therefore, any

additional costs to the public associated

with this proposal would be due to an

election to use the optional method.

In order to more fully anticipate the

costs and benefits associated with this

proposal, the Coast Guard specifically

solicits information from the public

concerning potential use of the option of

filing by facsimile.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. et seq.), the Coast Guard must

consider whether this proposal, if

adopted, will have a significant

economic impact on a substantial

number of small entities. ‘‘Small

entities’’ may include (1) small

businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

As explained earlier in this preamble,

this proposal, if adopted, would merely

add an optional method of submitting

certain forms and instruments to the

Coast Guard for filing. Since filing by

facsimile would be optional, any

additional costs borne by any users

would be at their election. Current

methods of submitting instruments for

filing, at no increase in costs, would

remain available. In addition, it is

anticipated that the option of filing by

facsimile would be used only in limited

situations where time is of the essence.

Therefore, the Coast Guard expects the

impact of this proposal to be minimal.

Because it expects the impact of this

proposal to be minimal, the Coast Guard

certifies under 5 U.S.C. 605(b) that this

proposal, if adopted, will not have a

significant economic impact on a

substantial number of small entities.

Collection of Information

This proposal contains no collectionof-information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.). This proposal merely

describes an optional method of

submitting instruments for filing and

recording.

Federalism

The Coast Guard has analyzed this

proposal under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposal does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that under paragraph

2.B.2 of Commandant Instruction

M16475.1B, this proposal is

categorically excluded from further

environmental documentation. This

proposal has been determined to be

categorically excluded because the

changes proposed are administrative

and procedural in nature, relate solely

to the documentation of vessels, and

clearly have no environmental impact.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket for inspection or copying where

indicated under ADDRESSES.

List of Subjects in 46 CFR Part 67

Fees, Incorporation by reference,

Vessels.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 46 CFR part 67 as follows:

PART 67—[AMENDED]

1. The authority citation for part 67

continues to read as follows:

Authority: 14 U.S.C. 664; 31 U.S.C. 9701;

42 U.S.C. 9118; 46 U.S.C. 2103, 2107, 2110;

46 U.S.C. app. 841a, 876; 49 CFR 1.46.

2. Section 67.219 is added to read as

follows:

§ 67.219 Optional filing of instruments by

facsimile.

(a) Any instrument identified as

eligible for filing and recording under

§ 67.200 may be submitted by facsimile

for filing to the National Vessel

Documentation Command at [telephone

number to be inserted in final rule]. If

the instrument submitted by facsimile

for filing pertains to a vessel that is not

a currently documented vessel, a

properly completed Application for

Initial Issue, Exchange, or Replacement

Certificate of Documentation; or

Redocumentation (form CG–1258) or an
12192 Federal Register / Vol. 60, No. 43 / Monday, March 6, 1995 / Proposed Rules

application for deletion from

documentation must already be on file

with the National Vessel Documentation

Command or must be submitted by

facsimile with the instrument being

submitted by facsimile for filing.

(b) Within 10 days of submitting an

instrument by facsimile for filing, the

person submitting the instrument by

facsimile must submit the instrument in

duplicate to the National Vessel

Documentation Command, [address to

be inserted in final rule]; at least one

copy must bear original signatures. If

not already on file, the original of any

application required by paragraph (a) of

this section must also be submitted with

the original instrument to the National

Vessel Documentation Command.

(c) Upon receipt of the instrument in

duplicate in accordance with paragraph

(b) of this section, the date and time of

recording of the instrument is the date

and time the instrument submitted by

facsimile was filed.

(d) All instruments submitted by

facsimile for filing must be clearly

legible, submitted from 81⁄2-inch by 11-

inch paper in not less than 10-point

type size, and accompanied by a cover

sheet.

(e) The facsimile cover sheet required

by paragraph (d) of this section should

indicate the name, address, telephone

number and facsimile telephone number

of the person submitting the instrument

by facsimile, and the number of pages

submitted by facsimile.

(f) The filing of any instrument

submitted by facsimile is terminated

and the instrument will be returned to

the submitter if:

(1) The instrument is subject to

termination for any cause under

§ 67.217(a);

(2) The instrument required to be

submitted in duplicate in accordance

with paragraph (b) of this section is not

received within the 10-day period; or

(3) There is any variance between the

instrument submitted by facsimile for

filing and the instrument submitted in

duplicate in accordance with paragraph

(b) of this section.

(g) When the filing of an instrument

submitted by facsimile is terminated for

a variance in accordance with paragraph

(f)(3) of this section, the instrument

submitted in duplicate in accordance

with paragraph (b) of this section will be

deemed to be an original filing under

this subpart subject to termination

under § 67.217(a)(1). The instrument

submitted in duplicate will be deemed

not in substantial compliance with the

applicable regulations in this part

because of the variance between it and

the instrument submitted by facsimile.

The procedures for termination of filing

and disposition of instruments

described in paragraphs (b) and (c) of

§ 67.217 will apply.

3. In § 67.500, paragraph (a) is revised

to read as follows:

§ 67.500 Applicability.

(a) This subpart specifies

documentation services provided for

vessels for which fees are applicable. No

documentation service for which a fee is

applicable will be performed until the

appropriate fee has been paid. Fees are

contained in Table 67.550.

* * * * *

4. Section 67.540 is added to read as

follows:

§ 67.540 Facsimile handling fee.

A handling fee is charged for

processing an instrument submitted by

facsimile for filing in accordance with

subpart O of this part.

5. In § 67.550, Table 67.550 is

amended by adding ‘‘Facsimile

submission handling’’ as an entry

following the entry ‘‘Notice of claim of

lien and related instruments’’ under the

category ‘‘Filing and recording:’’ to read

as follows:

§ 67.550 Fee table.

* * * * *

TABLE 67.550.—FEES

Activity Reference Fee

* * * * * * *

Facsimile submission handling ............................................................................................................................ Subpart O .................... 1 2.00

* * * * * * *

1Per page.

* * * * *

Dated: February 28, 1995.

N.W. Lemley,

Acting Chief, Office of Marine Safety, Security

and Environmental Protection.

[FR Doc. 95–5387 Filed 3–3–95; 8:45 am]

BILLING CODE 4910–14–M

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 95–009, Notice 01]

Federal Motor Vehicle Safety

Standards; Child Restraint Systems

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of public meeting;

request for comments.

SUMMARY: This notice announces that

NHTSA will be holding a public

meeting regarding the misuse of child

restraint systems (safety seats). NHTSA

seeks comments on actions that the

agency, industry and public can do to

improve the proper installation and use

of child safety seats.

DATES: Public meeting: A public meeting

to hear views and comments will be

held in Indianapolis, Indiana on April 2,

1995, from 1 p.m. to 4 p.m.

Those wishing to make oral

presentations at the meeting should

contact Dr. George Mouchahoir, at the

address or telephone number listed

below by March 24, 1995.

Written comments: Written comments

may be submitted to the agency and

must be received by April 2, 1995.

ADDRESSES: Public meeting: The public

meeting will be held at the following

location: The Hyatt Regency

Indianapolis, One South Capitol

Avenue, Indianapolis, Indiana 46204,

Telephone: (317) 632–1234/(800) 233–

1234 Toll Free Reservations.

Written comments: All written

comments must refer to the docket and

notice number of this notice and be

submitted (preferable 10 copies) to the

Docket Section, National Highway

Traffic Safety Administration (NHTSA),

Room 5109, 400 Seventh St., S.W.,

Washington, DC 20590. Docket hours

are from 9:30 a.m. to 4:00 p.m. Monday

through Friday.