[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Rules and Regulations]
[Pages 43858-43864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20023]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 67

[USCG-2016-0531]


Vessel Documentation Regulations--Technical Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

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

FOR FURTHER INFORMATION CONTACT: For information about this document, 
call or email Ms. Andrea Heck, National Vessel Documentation Center, 
U.S. Coast Guard; telephone 304-271-2461, email <a href="/cdn-cgi/l/email-protection#01406f657364602f4c2f4964626a41747262662f6c686d"><span class="__cf_email__" data-cfemail="dd9cb3b9afb8bcf390f395b8beb69da8aebebaf3b0b4b1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

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

I. Abbreviations

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

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

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

III. Petition for Rulemaking

    On October 18, 2013, the Maritime Law Association, a private group 
consisting primarily of maritime lawyers, petitioned the Coast Guard to 
open a rulemaking to make numerous changes to our vessel documentation 
regulations.\1\ The Coast Guard granted the petition on November 6, 
2013, and shortly thereafter, began working with members of the 
Maritime Law Association to identify specifically what changes should 
be made. Many of the changes the group requested involve significant 
substantive changes that may be the subject of future regulatory 
action. However, part of the review process also revealed several 
instances where the Coast Guard could currently make non-substantive 
technical corrections.
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    \1\ Docket ID: USCG-2013-0942, available at https://www.regulations.gov/docket?D=USCG-2013-0942.
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IV. Discussion of the Rule

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

[[Page 43859]]

treaty citations and web addresses. Over the course of several decades, 
through various laws, Congress has undertaken the task of codifying 
U.S. shipping laws into positive law. The two most significant of these 
acts were Public Law 98-89 (1986), which codified subtitle II of Title 
46 into positive law, and Public Law 109-304 (2006), which completed 
the process of codifying all of Title 46 into positive law. Due to the 
recodification of Title 46, several 46 CFR part 67 regulations 
currently contain inaccurate statutory citations. A crosswalk between 
pre-codified and codified provisions of Title 46 is available in the 
disposition tables in 46 U.S.C.\2\
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    \2\ The most recent disposition tables for Title 46 are 
available at https://www.gpo.gov/fdsys/pkg/USCODE-2015-title46/pdf/USCODE-2015-title46-front.pdf.
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    The changes made by this rule also reflect the elimination of 
citizenship requirements for mortgagees by Public Law 104-324, section 
1113 (1996). Since the issuance of Public Law 104-324, the National 
Vessel Documentation Center (NVDC) has allowed vessel owners to 
mortgage their vessels to non-citizens, and it has not restricted the 
eligibility of a vessel mortgaged to a non-citizen to earn registry or 
coastwise endorsements, even though 33 CFR 67.17(c) and 67.19(d)(3) 
continue to explicitly state these restrictions. Therefore, amending 
these sections will align regulatory text with the current and 
longstanding 20-year practice of the NVDC, consistent with the 
statutory requirements, and these changes will result in no impact on 
industry.
    This rule also makes changes to reflect the elimination of renewal 
decals and address labels for CODs issued by the NVDC. In 2001, the 
NVDC began to use a new database, Vessel Documentation System 1.0, and 
introduced the current version of the COD (66 FR 15625, March 20, 
2001). This information technology system and recordkeeping form made 
the use of decals and labels unnecessary; therefore, the NVDC stopped 
requiring them, even though the relevant sections of part 67 continued 
to reference them. Amending 46 CFR 67.163(c) and 67.311 will align 
regulatory text with NVDC's current practice, and these changes will 
result in no impact on industry.
    The following table shows the complete list of sections in 46 CFR 
part 67 that we are amending, the changes we are making, the reasons 
for those changes, and their impacts.

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

[[Page 43860]]

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

[[Page 43861]]

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

[[Page 43862]]

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

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

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

V. Regulatory Analyses

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

A. Regulatory Planning and Review

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

B. Small Entities

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

C. Assistance for Small Entities

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

D. Collection of Information

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

E. Federalism

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

F. Unfunded Mandates Reform Act

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

[[Page 43863]]

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

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

L. Technical Standards

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

M. Environment

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

List of Subjects in 46 CFR Part 67

    Reporting and recordkeeping requirements, Vessels.

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

PART 67--DOCUMENTATION OF VESSELS

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

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


Sec.  67.3  [Amended]

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


Sec.  67.11  [Amended]

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


Sec.  67.13  [Amended]

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


Sec.  67.14  [Amended]

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


Sec.  67.17  [Amended]

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


Sec.  67.19  [Amended]

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

[[Page 43864]]

Sec.  67.21  [Amended]

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


Sec.  67.30  [Amended]

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


Sec.  67.47   [Amended]

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


Sec.  67.63  [Amended]

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


Sec.  67.133  [Amended]

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


Sec.  67.141  [Amended]

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


Sec.  67.151  [Amended]

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


Sec.  67.161  [Amended]

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


Sec.  67.163  [Amended]

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


Sec.  67.165  [Amended]

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


Sec.  67.167  [Amended]

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


Sec.  67.203  [Amended]

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

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


Sec.  67.311  Alteration of Certificate of Documentation.

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

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


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