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

1 Docket ID: USCG–2013–0942, available at 

https://www.regulations.gov/docket?D=USCG– 

2013–0942. 

(1) Attachment B (‘‘Supplemental 

RACM/RACT Analysis for the NOX

RECLAIM Program (May 2017)’’), 

excluding Appendices A and B. 

(2) Attachment C (‘‘Negative 

Declaration for Control Techniques 

Guidelines of Surface Coating 

Operations at Shipbuilding and Repair 

Facilities, and Paper, Film and Foil 

Coatings (May 2017)’’). 

■ 3. Section 52.222 is amended by 

adding paragraph (a)(13) to read as 

follows: 

§ 52.222 Negative declarations. 

(a) * * * 

(13) South Coast Air Quality 

Management District. 

(i) Negative declarations for the 2008 

ozone standard: Control Techniques 

Guidelines for Shipbuilding and Ship 

Repair Operations (Surface Coating) 

including (published on August 27, 

1996) and EPA 453/R–94–032 

Alternative Control Techniques 

Document: Surface Coating Operations 

at Shipbuilding and Ship Repair 

Facilities; paper coating portion of EPA 

453/R–07–003 Control Techniques 

Guidelines for Paper, Film, and Foil 

Coatings. 

(ii) [Reserved] 

* * * * * 

[FR Doc. 2017–19693 Filed 9–19–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 67 

[USCG–2016–0531] 

Vessel Documentation Regulations— 

Technical Amendments 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is making 

technical amendments to its vessel 

documentation regulations. A Certificate 

of Documentation, which is required for 

the operation of a vessel in certain 

trades, serves as evidence of vessel 

nationality, and permits a vessel to be 

subject to preferred mortgages. The 

amendments make non-substantive 

edits to align Coast Guard regulations 

with current vessel documentation 

statutes, correct typographical errors, 

and align procedural requirements with 

current Coast Guard practice. 

DATES: This final rule is effective 

September 20, 2017. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document, call or 

email Ms. Andrea Heck, National Vessel 

Documentation Center, U.S. Coast 

Guard; telephone 304–271–2461, email 

Andrea.M.Heck@uscg.mil. 

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 

§ 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 nonsubstantive 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. 

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 nonsubstantive 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 


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2The 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. 

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

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 noncitizens, 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 definition of ‘‘Acknowledgment’’ replace ‘‘Hague Convention Abolishing the Requirement for Legalisation of Public Documents’’ with ‘‘Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents.’’ Minor typographical changes to correct the full 

title of the Hague Convention in accordance 

with 33 U.S.T. 883 and TIAS 10072.

None. 

Replace ‘‘Article 3’’ with ‘‘Article 4.’’ Article 3 is erroneously referenced because the 

certificate is described in Article 4, not 3.

None. 

Revise the definition of ‘‘Certification of Documentation’’ by replacing ‘‘Certification’’ with 

‘‘Certificate.’’ 

Correct a typographical error contained in 58 FR 

60256, Nov. 15, 1993. The referenced 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.

None. 

Following the text ‘‘CG–1270’’, add ‘‘when issued 

by the Director, National Vessel Documentation 

Center.’’ 

The change makes clear that the form itself is 

not a ‘‘Certificate of Documentation.’’ Rather, 

consistent with longstanding Coast Guard policy, it becomes a ‘‘Certificate of Documentation’’ only when issued by the Director, National Vessel Documentation Center.

None. 

In the definition of ‘‘United States,’’ replace 

‘‘§ 67.19(d)(3)’’ with ‘‘§ 67.19(c)(3).’’ 

The reference to 67.19(d)(3) is erroneous because paragraph (d)(3) has no bearing on the 

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.’’ 

None. 

In the definition of ‘‘Wrecked Vessel,’’ replace 

‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C. 12107.’’ 

Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 

67.11(a)(2) ... Replace ‘‘section 2 of the Shipping Act, 1916 (46 

U.S.C. app. 802) with ‘‘46 U.S.C. 50501.’’ 

Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 


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TABLE OF CHANGES—Continued 

46 CFR 

affected 

section 

Changed text Reason for change Regulatory impact 

Remove the word ‘‘mortgaged.’’ Citizenship requirements for mortgagees were 

eliminated by Public Law 104–324, section 

1113, in October 1996. Since the issuance of 

Public Law 104–324, the 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 the relevant sections of part 67 continued to explicitly state these restrictions.

None. Amending this 

paragraph will align 

regulatory text with 

statutory requirements 

and longstanding corresponding practices 

of the NVDC. 

67.13(a) ........ Replace an old National Archives and Records 

Administration Internet address with the new 

one. 

Update an obsolete web address ......................... None. 

67.14 ............ Replace ‘‘44 U.S.C. 3507(f)’’ with ‘‘44 U.S.C. 

3507(a)(3).’’ 

The stated purpose of this section is to affirm the 

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.

None. 

67.17(c) ........ Delete paragraph relating to the effect of a vessel’s foreign transfer on its eligibility for a registry endorsement. Reflect elimination of foreign transfer restrictions 

by Public Law 104–324, section 1113 (1996).

None. Amending this 

paragraph will align 

regulatory text with 

statutory requirements 

and longstanding corresponding practices 

of the NVDC. 

67.19(b)(6) ... Replace ‘‘46 U.S.C. app. 808’’ with ‘‘46 U.S.C. 

57109.’’ 

Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 

67.19(d)(2) ... Replace ‘‘§ 67.35(a)’’ with ‘‘§ 67.35(c).’’ Section 67.19 addresses eligibility for a 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).

None. 

67.19(e) ........ Delete paragraph (e), which is related to the ineligibility for a coastwise endorsement of a foreign-owned vessel. Reflect elimination of foreign transfer restrictions 

by Public Law 104–324, section 1113 (1996).

None. Amending this 

paragraph will align 

regulatory text with 

statutory requirements 

and longstanding corresponding practices 

of the NVDC. 

67.21(e) ........ Replace ‘‘46 U.S.C. 12102(c)(5)’’ with ‘‘46 U.S.C. 

12113(c)(3).’’ 

Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304. 

(2006)).

None. 

67.30(c) ........ Update reference to the Bowater Amendment 

and the Oil Pollution Act of 1990; replace ‘‘46 

U.S.C. app. 883–1’’ with ‘‘46 U.S.C. 12118.’’ 

Update the reference to the Bowater Amendment 

and the Oil Pollution Act of 1990 to reflect the 

recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 

Replace ‘‘46 U.S.C. 12106(d)’’ with ‘‘46 U.S.C. 

12117.’’ 

Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 

67.47(a)(3) ... Replace ‘‘, 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’’ with ‘‘of the United States to a 

person not a citizen of the United States, as 

defined in 46 U.S.C. 50501.’’ 

Reworded sentence and update the statutory references to reflect the recodification of Title 46. 

(Pub. L. 109–304 (2006)).

None. 

67.63(b)(1) ... Replace ‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C. 

12107.’’ 

Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 


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TABLE OF CHANGES—Continued 

46 CFR 

affected 

section 

Changed text Reason for change Regulatory impact 

67.133(a) ...... Replace ‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C. 

12107.’’ 

Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 

67.133(b) ...... Replace ‘‘46 U.S.C. app. 14’’ with ‘‘46 U.S.C. 

12107.’’ 

Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 

67.141(c) ...... Replace ‘‘Certification’’ with ‘‘Certificate.’’ Correct a typographical 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.

None. 

67.151(b) ...... Insert ‘‘determination of the’’ following the text 

‘‘Upon the.’’ 

Correct a typographical error in which the subject 

language was inadvertently omitted from the 

regulation, resulting in an incomplete sentence.

None. 

67.161(a)(3) Replace ‘‘Sections 9 and 37(b) of the Shipping 

Act, 1916 (46 U.S.C. app. 808, 835(b))’’ with 

‘‘46 U.S.C. 56101, 56102 and 57109.’’ 

Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 

67.161(a)(4) Replace ‘‘Section 902 of the Merchant Marine 

Act, 1936 (46 U.S.C. app. 1242)’’ with ‘‘46 

U.S.C. 56301.’’ 

Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 

67.163(c) ...... Remove paragraph. The NVDC no longer issues renewal decals, and 

therefore, they cannot be affixed. 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 unnecessary; therefore, the NVDC 

stopped requiring them, even though the relevant sections of part 67 continued to reference them.

None. Amending this 

paragraph will align 

regulatory text with 

NVDC’s current, longstanding practice. 

67.165(c)(3) Replace ‘‘Sections 9 and 37(b) of the Shipping 

Act, 1916 (46 U.S.C. app. 808, 835(b))’’ with 

‘‘46 U.S.C. 56101, 56102 and 57109.’’ 

Update the statutory references to reflect the recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 

67.165(c)(4) Replace ‘‘Section 902 of the Merchant Marine 

Act, 1936 (46 U.S.C. app. 1242)’’ with ‘‘46 

U.S.C. 56301.’’ 

Update the statutory references to reflect recodification of Title 46. (Pub. L. 109–304 (2006)).None. 

67.167(c) ...... Replace ‘‘a sea’’ with ‘‘at sea.’’ Correct a minor grammatical typographical error None. 

67.167(c)(10) Replace ‘‘46 U.S.C. 12106(e)’’ with ‘‘46 U.S.C. 

12119.’’ 

Update the statutory reference to reflect the recodification of Title 46. (Pub. L. 109–304 

(2006)).

None. 

67.167(d) ...... Replace ‘‘endorsements’’ with ‘‘endorsement(s).’’ Correct minor typographical error; change conforms this paragraph to paragraphs (b), (c), 

and (e).

None. 

67.203(e) ...... Remove paragraph ................................................ Reflect elimination of foreign transfer restrictions 

by Public Law 104–324, section 1113 (1996).

None. Amending this 

paragraph will align 

regulatory text with 

statutory requirements 

and longstanding corresponding practices 

of the NVDC. 

67.203(f) ....... Remove paragraph ................................................ Reflect elimination of foreign transfer restrictions 

by Public Law 104–324, section 1113 (1996).

None. Amending this 

paragraph will align 

regulatory text with 

statutory requirements 

and longstanding corresponding practices 

of the NVDC. 


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3The 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. 

TABLE OF CHANGES—Continued 

46 CFR 

affected 

section 

Changed text Reason for change Regulatory impact 

67.311 .......... Remove the language referring to exceptions for 

new address labels or renewal decals.

The NVDC no longer requires new address labels or renewal decals, and therefore, they 

cannot be altered. 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 labels unnecessary; therefore, the NVDC stopped requiring 

them, even though the relevant sections of part 

67 continued to reference them.

None. Amending this 

section will align regulatory text with 

NVDC’s current practice. 

Change to active voice .......................................... For reasons of added clarity, change from passive to active voice in compliance with plain 

language directives; no substantive change intended.

None. 

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

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. 


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

■ 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. 

§ 67.3 [Amended] 

■ 2. Amend § 67.3 as follows: 

■ 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’’; 

■ 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’’; 

■ c. In the definition of ‘‘United States,’’ 

remove the text ‘‘§ 67.19(d)(3)’’ and add 

in its place the text ‘‘§ 67.19(c)(3)’’; and 

■ 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’’. 

§ 67.11 [Amended] 

■ 3. In § 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,’’. 

§ 67.13 [Amended] 

■ 4. In § 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/federalregister/cfr/ibr-locations.html’’. 

§ 67.14 [Amended] 

■ 5. In § 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),’’. 

§ 67.17 [Amended] 

■ 6. In § 67.17, remove paragraph (c). 

§ 67.19 [Amended] 

■ 7. Amend § 67.19 as follows: 

■ 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’’; 

■ 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 

‘‘§ 67.35(a)’’ and add in its place the text 

‘‘§ 67.35(c)’’; and 

■ c. Remove paragraph (e). 


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

§ 67.21 [Amended] 

■ 8. In § 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)’’. 

§ 67.30 [Amended] 

■ 9. In § 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’’. 

§ 67.47 [Amended] 

■ 10. In § 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’’. 

§ 67.63 [Amended] 

■ 11. In § 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’’. 

§ 67.133 [Amended] 

■ 12. In § 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’’. 

§ 67.141 [Amended] 

■ 13. In § 67.141(c), remove the word 

‘‘Certification’’ and add in its place the 

word ‘‘Certificate’’. 

§ 67.151 [Amended] 

■ 14. In § 67.151(b), following the text 

‘‘Upon the’’, add the text 

‘‘determination of the’’. 

§ 67.161 [Amended] 

■ 15. Amend § 67.161 as follows: 

■ 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 

■ 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’’. 

§ 67.163 [Amended] 

■ 16. In § 67.163, remove paragraph (c). 

§ 67.165 [Amended] 

■ 17. Amend § 67.165 as follows: 

■ 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 

■ 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’’. 

§ 67.167 [Amended] 

■ 18. Amend § 67.167 as follows: 

■ 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’’; 

■ 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 

■ c. In paragraph (d) remove the text 

‘‘endorsements’’ and add in its place the 

text ‘‘endorsement(s)’’. 

§ 67.203 [Amended] 

■ 19. In § 67.203, remove paragraphs (e) 

and (f). 

■ 20. Revise § 67.311 to read as follows: 

§ 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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 401, 403, and 404 

[USCG–2016–0268] 

RIN 1625–AC34 

Great Lakes Pilotage Rates—2017 

Annual Review 

Correction 

In rule document 2017–18411 

beginning on page 41466 in the issue of 

Thursday, August 31, 2017, make the 

following corrections: 

1. On page 41466, in the first column, 

in the first line below Table E–1, remove 

the words SUPPLEMENTARY INFORMATION:. 

2. On the same page, in the second 

column, after the second line, insert the 

words SUPPLEMENTARY INFORMATION: on 

their own line. 

§ 401.405 [Corrected] 

■ 3. On page 41495, in the second 

column, in the 22nd line from the 

bottom, ‘‘Revise § 401.405 to read as 

follows:’’ should read ‘‘In § 401.405, 

revise paragraph (a) to read as follows:’’. 

§ 401.420 [Corrected] 

■ 4. On the same page, in the same 

column, in the eighth line from the 

bottom, ‘‘Revise § 401.420 to read as 

follows:’’ should read ‘‘In § 401.420, 

revise paragraph (b) to read as follows:’’. 

§ 401.450 [Corrected] 

■ 5. On the same page, in the third 

column, in the ninth through fourteenth 

lines, 

■ 5. Revise § 401.450 as follows: 

■ a. Redesignate paragraphs (b) through 

(j) as paragraphs (c) through (k), 

respectively; and 

■ b. Add new paragraph (b) to read as 

follows: 

Should read: 

■ 5. In § 401.450, redesignate 

paragraphs (b) through (j) as paragraphs 

(c) through (k), respectively, and add 

new paragraph (b) to read as follows: 

■ 6. In part 401, in section 401.405, on 

the same page, in the same column, after 

the 20th line, add the following line: 

* * * * * 

§ 404.100 [Corrected] 

■ 7. On the same page, in the same 

column, in the 28th line, ‘‘Amend 

§ 404.101(a) as follows:’’ should read 

‘‘In § 404.100, revise paragraph (a) to 

read as follows:’’. 

■ 8. In part 404, in section 404.100, on 

the same page, in the same column, after 

the 39th line, add the following line: 

* * * * * 

§ 404.103 [Corrected] 

■ 9. In the same page, in the same 

column, in the 41st through 46th lines, 

■ a. In paragraph (a), following the 

words ‘‘dividing each area’s’’ remove 

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

the word ‘‘seasonal’’; and 

■ b. Revise paragraph (b) to read as 

follows: 

should read: 

■ a. In paragraph (a) introductory text, 

following the words ‘‘dividing each 

area’s’’ remove the word ‘‘peak’’ and 

add in its place the word ‘‘seasonal’’; 

and 

■ b. Revise paragraph (b). 

The revision reads as follows: 

§ 404.105 [Corrected] 

10. On page 41496, in the first 

column, in the 22nd and 23rd line, ‘‘and 

add, in their place, the words ‘‘working 

capital fund.’’ ’’ should read ‘‘and add in 

their place the words ‘‘working capital 

fund’’.’’. 

[FR Doc. C1–2017–18411 Filed 9–19–17; 8:45 am] 

BILLING CODE 13010–00–D 


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