[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Notices]
[Page 34393]
[DOCID:fr15jy09-141]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Sunshine Act Meetings; Unified Carrier Registration Plan Board of
Directors

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

Time and Date:  August 6, 2009, 12 noon to 3 p.m., Eastern Daylight
Time.

Place:  This meeting will take place telephonically. Any interested
person may call Mr. Avelino Gutierrez at<PHONE_NUMBER> to receive the
toll free number and pass code needed to participate in these meetings
by telephone.

Status:  Open to the public.

Matters to be Considered:  The Unified Carrier Registration Plan Board
of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement and to
that end, may consider matters properly before the Board.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at<PHONE_NUMBER>.

    Issued on: July 9, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-16902 Filed 7-13-09; 11:15 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 88, Number 218 (Tuesday, November 14, 2023)]
[Rules and Regulations]
[Pages 77896-77902]
[FR Doc No: 2023-25024]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 67

[Docket No. USCG-2023-0305]
RIN 1625-AC87

Multi-Year Certificate of Documentation for Recreational Vessel
Owners

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is issuing a final rule for recreational
vessel owners to select a recreational vessel endorsement on a
Certificate of Documentation (COD) with a validity of 1, 2, 3, 4, or 5
years. Currently, our regulations require that a COD will be effective
for a 5-year period. Congress passed, and the President signed, the
self-executing National Defense Authorization Act of 2022 (2022 Act),
which directs the Coast Guard to issue recreational vessel CODs for 1,
2, 3, 4, or 5 years. By updating the Code of Federal Regulations (CFR)
to reflect this change, this final rule harmonizes the requirements of
the 2022 Act, aligns CFR text with current Coast Guard policy, and
provides vessel owners' statutorily directed option to select the
validity period of their COD that best suits their individual needs.

DATES: This final rule is effective December 14, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to www.regulations.gov, type USCG-2023-0305
in the search box, and click ``Search.'' Next, in the Document Type
column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: For information about this document,
call or email Mr. Ronald Teague, Department of Homeland Security, U.S.
Coast Guard, National Vessel Documentation Center, 792 T J Jackson
Drive, Falling Waters, WV 25419; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

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

I. Abbreviations

2018 Act Frank LoBiondo Coast Guard Authorization Act of 2018
2021 final rule Certificate of Documentation--5 Year Renewal Fees
final rule
2022 Act National Defense Authorization Act for Fiscal Year 2022
CFR Code of Federal Regulations
COD Certificate of Documentation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NVDC National Vessel Documentation Center
OMB Office of Management and Budget
Sec.  Section
SME Subject matter expert
U.S.C. United States Code

II. Basis and Purpose, and Regulatory History

    The legal basis for this final rule is found in Section 3511 of the
National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117-
81, 135 Stat. 2238) (2022 Act), which the President signed on December
27, 2021. The 2022 Act directed the Coast Guard to allow an owner of a
vessel with only a recreational endorsement to choose a Certificate of
Documentation (COD) validity period of 1, 2, 3, 4, or 5 years.
    The Coast Guard finds that good cause exists under the
Administrative Procedure Act, Title 5 of the United States Code
(U.S.C.), Section 553, to issue a final rule and dispense with notice
and comment procedures. Prior notice and opportunity to comment on this
rule are unnecessary under 5 U.S.C. 553(b)(B) because Section 3511 of
the 2022 Act provides the Coast Guard no discretion in adopting the
specific timeframes for issuance or renewal of recreational vessel
CODs. Section 3511 of the 2022 Act does not allow for alternatives. It
does not permit the Coast Guard to decide upon a different timeframe
for renewal, choose to adopt a different renewal period, or respond to
public comments by modifying the substance of the rule. Therefore,
soliciting public comment on the correct time period for COD renewal
for a recreational vessel, or on the decision to update the regulations
to comport with the statutory mandate, is unnecessary. It should be
noted that the Coast Guard has already implemented the requirements of
Section 3511 of the

2022 Act and is presently issuing multi-year CODs to recreational
vessels of at least 5 net tons. In addition, this good cause applies to
formatting changes, for clarity, to the fee table in title 46 of the
Code of Federal Regulations (CFR) section 67.550. These changes have no
substantive effect on the public.

III. Background

    Before 2019, the Coast Guard issued CODs for a validity period of 1
year only. Section 512 of the Frank LoBiondo Coast Guard Authorization
Act of 2018 (2018 Act) (Pub. L. 115-282, 132 Stat. 4275), codified at
46 U.S.C. 12105, specified that, in 2022, recreational vessels would be
issued CODs with a validity period of 5 years. The 2018 Act provided a
phase-in period, January 2019 through December 2021, during which
recreational vessel owners could select an effective period for CODs
for recreational vessels between 1 and 5 years.\1\ In January 2021, the
Coast Guard published a final rule titled ``Certificate of
Documentation--5 Year Renewal Fees'' (hereafter the ``2021 final
rule'') implementing those changes (86 FR 5022).\2\
---------------------------------------------------------------------------

    \1\ https://www.congress.gov/115/plaws/publ282/PLAW-115publ282.pdf (last visited 04/26/2023).
    \2\ https://www.federalregister.gov/documents/2021/01/19/2021-00526/certificate-of-documentation-5-year-renewal-fees (last visited
04/26/2023).
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    The purpose of this final rule is to meet the Congressional mandate
contained in Section 3511 of the 2022 Act, wherein Congress determined
that the Coast Guard shall allow the issuance of a recreational
endorsement on CODs with a validity period of 1, 2, 3, 4, or 5 years,
instead of the previously mandated period of 5 years.

IV. Discussion of the Rule

    The 2022 Act authorizes the owner or operator of a recreational
vessel to choose a period of effectiveness between 1 and 5 years for a
certificate of documentation for a recreational vessel or the renewal
thereof. This rule will bring current Coast Guard regulations in line
with this self-executing provision of the 2022 Act. As discussed in
section III., Background, the 2018 Act created a multi-year COD phase-
in period in anticipation of moving to a 5-year-only validity period
for recreational vessel CODs. This 5-year-only COD validity period was
anticipated to go into effect on January 1, 2022. However, Congress
determined that preserving a multi-year choice of the validity period
was in the best interest of recreational vessel owners. As such, the
2022 Act was signed by the President in December 2021, and the 5-year-
only COD that was to go into effect on January 1, 2022, was never
implemented by the Coast Guard. Instead, the Coast Guard carried out
Congress' desire to continue to allow recreational vessel owners and
operators the ability to choose a 1-, 2-, 3-, 4-, or 5-year COD.
    The Coast Guard made the public aware of this fact on the home page
of the website for the National Vessel Documentation Center (NVDC),
which processes vessel COD applications and renewals.\3\ Additionally,
the ability to select from multiple validity periods for recreational
vessel CODs is still present in NVDC instruction documentation,\4\ the
initial application form CG-1258,\5\ and the renewal form CG-1280.\6\
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    \3\ https://www.dco.uscg.mil/Our-Organization/Deputy-for-Operations-Policy-and-Capabilities-DCO-D/National-Vessel-Documentation-Center/ (last visited 04/26/2023).
    \4\ https://www.dco.uscg.mil/Portals/9/DCO%20Documents/NVDC/COD%20RENEWAL.pdf (last visited 04/23/2023).
    \5\ https://www.dco.uscg.mil/Portals/9/DCO%20Documents/NVDC/CG-1258.pdf?ver=MPJjdit5LaS5B0_IFJv_1A%3d%3d (last visited 04/26/2023).
    \6\ https://www.dco.uscg.mil/Portals/9/DCO%20Documents/NVDC/CG-1280_Renewal_of_Certificate_Of_Documentation.pdf?ver=WPHaCWFat5gjwLZ4nFiplA%3d%3d (last visited 04/23/2023).
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    Currently, 46 CFR 67.163(a) states that recreational endorsements
on a COD are valid for 5 years. In line with the 2022 Act, the Coast
Guard amends this section to reflect that recreational endorsements on
CODs can be valid for 1, 2, 3, 4, or 5 years. Additionally, the Coast
Guard is editing paragraph (c) of Sec.  67.163 to reflect that
recreational endorsements on CODs can be valid for 1, 2, 3, 4, or 5
years. This is necessary for continuity, given the references to this
section. The Coast Guard is also amending 46 CFR 67.163(b) to remove
the word ``original'', as ``original'' is not relevant when referring
to the CG-1280 Vessel Renewal Notification Application for Renewal.
    Furthermore, the Coast Guard amends Sec.  67.317 to reflect that
recreational endorsements can be renewed for 1, 2, 3, 4, or 5 years.
This amendment is necessary to ensure consistency with regulatory text
in this section.
    Lastly, the Coast Guard revises Table 1 to Sec.  67.550. As
recreational vessel CODs will continue to have a multi-year validity
period, this change is necessary to reflect both the 2022 Act and the
supporting regulatory text for this section. We deleted occurrences of
``through December 31, 2021'' as it references a phase-in period that
has passed. Other formatting updates include separating commercial and
recreational applications into two categories, moving notes to the end
of the table, adding dollar signs in the ``Fee'' column, and deleting
the ``Reference'' column as it is not used to calculate the fee
amounts. The revised table layout will make it easier to distinguish
application fees for commercial vessels from those for recreational
vessels. It will also match the table of fees available to the public
on NVDC's website. These changes are merely editorial in nature and
will not change fee amounts or make any other substantive changes.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to the 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), as amended
by Executive Order 14094 (Modernizing Regulatory 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.
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094. Accordingly, OMB has
not reviewed this regulatory action. A regulatory analysis follows.

Background

    As discussed in section III., Background, the 2018 Act allowed for
a phase-in period of 1, 2, 3, 4, or 5 years for CODs, but would have
required strictly 5-year CODs as of January 1, 2022. However, in
December of 2021, Congress passed the 2022 Act, which instructed the
Coast Guard to amend the 2021 final rule to reflect a continuation of
multi-year issuance for recreational vessel CODs; this effectively
removed the strict 5-year COD requirement that was established under
the 2018 Act and was codified under the 2021 final rule.

The Coast Guard Authorization Act of 2018 and the 2021 Final Rule
    As previously discussed, the 2018 Act and the 2021 final rule would
have provided COD holders with recreational endorsements the ability to
request or renew documentation on a multi-year basis between 2019 and
2021. Beginning in January of 2022, according to the 2021 final rule,
COD holders with recreational endorsements could have only requested or
renew documentation for a period of 5 years. To provide clarity and
assist in the discussion of the impacts of this final rule, a summary
of the economic impacts for the 2021 final rule follows:

  Table 1--Applicability, Impact and Costs or Cost-Savings of the 2021
                               Final Rule
------------------------------------------------------------------------
           Category                             Summary
------------------------------------------------------------------------
Applicability................  To reflect regulatory changes brought by
                                the 2018 Act (Pub. L. 115-282), which
                                directed the Coast Guard to change the
                                validity period of CODs for recreational
                                vessels to a 5-year option only, after a
                                3-year phase-in period, during which
                                vessel owners could choose 1, 2, 3, 4,
                                or 5 years.
Affected Population..........  162,647 vessels.
Benefits.....................  The restructuring of CODs from an annual
                                renewal to a 5-year renewal period would
                                have reduced industry's annual time
                                burden for submitting CODs applications.
                                In addition, the Government would have
                                benefited due to a reduction in the
                                number of applications processed
                                annually.
Cost savings (in 2022          Estimated annualized cost-savings of
 dollars, 7% discount rate) *.  about $5.9 million to Industry at 7-
                                percent discount rate.
                               Federal Government annualized cost-
                                savings of about $8.4 million at 7-
                                percent discount rate.
                               Total annualized cost-savings of about
                                $14.3 million.
------------------------------------------------------------------------
* Totals may not add due to rounding.

2022 Act
    The primary purpose of this final rule is to harmonize 46 CFR part
67 with current statutory requirements under the 2022 Act, as it
pertains to recreational vessel owners who seek CODs on a multi-year
basis. In effect, this final rule continues the phase-in period
provision specified under the 2018 Act and the 2021 final rule, while
removing the 5-year-only COD requirement from the CFR. As such, the
impacts provided below are the result of the 2022 Act. We provide two
tables that capture the changes in the CFR and economic impacts from
the 2022 Act. Table 2 below presents the baseline matrix, which lists
the changes between this final rule and the current language under the
CFR, while table 5 summarizes the applicability, impact, costs or cost-
savings, and benefits associated to the 2022 Act.

           Table 2--Baseline Matrix--Changes Between This Multiyear Final Rule and the 2021 Final Rule
----------------------------------------------------------------------------------------------------------------
        Subpart              Description of change              Type of change               Economic impact
----------------------------------------------------------------------------------------------------------------
67.163(a)..............  Adds ``1, 2, 3, 4, or'' to    Editorial.......................  No economic impact.
                          the first paragraph (a).
67.163(b)..............  Removes ``an original'' from  Editorial.......................  No economic impact.
                          the second paragraph (b).
67.163(c)..............  Replaces ``A certificate of   Editorial/Economic..............  An estimated cost-
                          documentation for a                                             savings to the public
                          recreational vessel and the                                     of $8.3 million
                          renewal of such a                                               annually in 2022 U.S.
                          certificate shall be                                            dollars, discounted at
                          effective for a 5-year                                          7-percent.
                          period. During the period
                          beginning January 1, 2019,
                          and ending December 31,
                          2021, the owner of a
                          recreational vessel may
                          choose a period of
                          effectiveness of 1, 2, 3,
                          4, or 5 years for such a
                          certificate of
                          documentation for such
                          vessel or the renewal
                          thereof'' with ``A
                          Certificate of
                          Documentation for a
                          recreational vessel and the
                          renewal of such a
                          certificate will be
                          effective for 1, 2, 3, 4,
                          or 5 years for such a
                          Certificate of
                          Documentation for such
                          vessel or the renewal
                          thereof''.
67.317(a)..............  Replaces ``must'' with        Editorial.......................  No economic impact.
                          ``can'' from the first
                          paragraph (a).
67.317(a)..............  Adds ``for a period of ''     Editorial.......................  No economic impact.
                          within the first paragraph
                          (a).
67.317(a)..............  Removes ``every'' from the    Editorial.......................  No economic impact.
                          first paragraph (a).
67.317(a)..............  Adds ``for a period of 1, 2,  Editorial.......................  No economic impact.
                          3, 4, or'' to the first
                          paragraph (a).
67.550.................  Table 1 to 67.550 replaced    Editorial.......................  No economic impact.
                          with revised version,
                          editorial changes only to
                          harmonize with Fee Table
                          from NVDC website.
----------------------------------------------------------------------------------------------------------------

Final Rule Costs
    The fundamental purpose of this final rule is to codify the 2022
Act; therefore, this final rule does not add any new costs to the
Government or the public, nor does it impose any new burden to either
entity.
Final Rule Benefits
    By amending current language in the CFR to reflect the provisions
and requirements specified under the 2022 Act, the Coast Guard
harmonizes 46 CFR part 67 with the 2022 Act. Confusion regarding the
validity period for a recreational vessel COD will be eliminated, as
the CFR will accurately reflect the law and NVDC policy. See table 3
below for a summary of impacts of this final rule.

                    Table 3--Applicability, Impact and Costs or Cost-Savings of the 2022 Act
----------------------------------------------------------------------------------------------------------------
                                       Affected
           Description                population             Costs           Cost-savings          Benefits
----------------------------------------------------------------------------------------------------------------
The Coast Guard chooses to adopt  38,927              This final rule     This final rule     The harmonization
 this final rule and continue to   recreational        will not impose     will yield an       in language
 allow COD documentation for 1,    vessels owners      any new costs to    estimated cost-     between the CFR
 2, 3, 4, or 5 years at vessel     and operators of    Government or the   savings to the      and the 2022 Act
 owners' discretion.               at least 5 net      public.             public of $8.3      eliminates
The CFR is amended to reflect      tons who were                           million annually    confusion among
 current statutory language and    issued or renewed                       in 2022 U.S.        the public or any
 practice.                         CODs for 5 years                        dollars,            potentially
                                   in 2022.                                discounted at 7%,   affected entity.
                                                                           by removing the 5-
                                                                           year only COD
                                                                           restriction.
----------------------------------------------------------------------------------------------------------------

Affected Population
    To determine the affected population for the 2022 Act and this
final rule, it is helpful to first understand the distribution of
multi-year CODs that vessel owners have been selecting. As noted in
section III., Background, the NVDC has continued to offer multi-year
COD expiration dates, which is in line with the 2022 Act. We obtained
data from the NVDC, which processes vessel COD applications and
renewals. As seen in table 4 below, this data consists of the number of
CODs issued each year from 2019 to 2022. Table 6 also displays the
validity period of CODs issued during this timeframe, ranging from 1,
2, 3, 4, or 5 years. For example, in 2019, the Coast Guard issued
165,599 recreational vessel CODs, of which the vast majority, 153,195,
were 1-year CODs, 6,447 were 2-year CODs, 1,398 were 3-year CODs, and
so on. We can use this information to track the pattern of consumer
choices regarding the multi-year COD options.

            Table 4--Cross-Tabulation of Recreational Vessel CODs Issued by Year and Validity Period
----------------------------------------------------------------------------------------------------------------
                                     Total CODs     1 Year      2 Years      3 Years      4 Years      5 Years
               Year                    issued      validity     validity     validity     validity     validity
----------------------------------------------------------------------------------------------------------------
2019..............................      165,599      153,195        6,447        1,398          665        3,894
2020..............................      163,771      148,491        7,497        1,617          632        5,534
2021..............................      158,610      127,851       13,184        3,927        1,768       11,880
2022..............................      143,944       81,776        6,942        2,398        2,021       50,807
----------------------------------------------------------------------------------------------------------------

    We note from table 4 that, as we progress from 2019 to 2022, the
number of 2,- 3,- and 4-year CODs remains relatively stable and only
accounts for a small percentage of total recreational vessel CODs
issued each year. We assume that vessel owners selected these duration
terms for their CODs because they determined that this was their best
and preferred choice. However, this trend does not hold for 1-year and
5-year CODs. We note that, from 2019 to 2022, the trend shifts
significantly away from 1-year CODs and increases significantly to 5-
year CODs. According to subject matter experts (SMEs), the nearly 5-
fold increase in CODs issued with a validity period of 5 years in 2022
can be attributed to 46 CFR 67.163, Renewal of endorsement, paragraph
(a), which states the COD validity period for recreational vessels to
be 5 years: ``Endorsements on Certificates of Documentation are valid
for 1 year, except for Recreational Endorsements on Certificates of
Documentation, which are valid for 5 years.''
    The Coast Guard was mandated by the 2018 Act to implement a 5-year
COD for recreational vessel owners, followed by a 3-year, multi-year
COD phase-in period. The 2022 Act mandated that the Coast Guard
continue to offer the multi-year COD. Therefore, our estimated affected
population is calculated as the difference in CODs issued to
recreational vessel owners and operators in 2022 with a validity period
of 5 years, and the number of CODs issued in 2021 with the same
validity period, which totals 38,927 (50,807-11,880 = 38,927). This is
the estimate of recreational vessel owners who could transition off a
5-year validity period for recreational vessel CODs once this final
rule is implemented.
2022 Act Costs
    The 2022 Act does not add any new cost to Government or the public.
None of the requirements of the 2022 Act imposes any additional
burdens. From a renewal standpoint, recreational vessel owners continue
to have the choice to renew on a multi-year basis at their discretion,
consistent with the 2018 Act. The Coast Guard is not amending user fees
associated with CODs and is continuing with the $26 fee per validity-
year for the COD as previously established.
2022 Act Cost-Savings
    Although the NVDC has continued to process multi-year CODs, the
NVDC has been receiving complaints from vessel owners that private
companies have been sending out 5-year-only marketing notices, and that
those companies could process this documentation for an additional fee.
The NVDC has noted that these individuals assumed that this was their
only choice, as 46 CFR part 67 has not been updated to reflect current
NVDC practices. Customer have complained to the NVDC that outside
companies were charging them an additional fee to process the
documentation. The NVDC has noted that the average additional fee that
these companies charged has been approximately $212.\7\ These same
customer complaints to the NVDC stated that they only used the outside
companies because they were under the impression that they had no other
choice. We use this estimate, multiplied by the affected population
estimate above, to estimate the annual cost savings that recreational
vessel owners will incur as we expect these customers to now process
their documentation directly with NVDC.
---------------------------------------------------------------------------

    \7\ Estimate is based in review of complaints submitted by
vessel owners to the Better Business Bureau (BBB), https://www.bbb.org/us/ca/chino-hills/profile/ship-register/us-vessel-documentation-inc-1066-850028757/complaints, and information
provided by SME and the NVDC.
---------------------------------------------------------------------------

    Although the NVDC does not keep track of the number of COD renewals
requested by third-party companies on

behalf of individual vessel owners, based on extensive discussions with
SMEs, the Coast Guard believes that the vast majority of the estimated
affected population who renewed CODs with a 5-year validity period in
2022 did so primarily through the use of third-party firms, who, in
turn, directed customers to the CFR.
    As shown in table 5, the economic impact of the 2022 Act is an
estimated annual cost-savings of approximately $8.3 million annually in
2022 U.S. dollars, discounted at 7-percent. This estimate is derived
from an estimated affected population of 38,927 recreational vessels
(of at least 5 net tons) owners, multiplied by the $212 fee.

                    Table 5--10-Years Undiscounted and Discounted Cost-Savings to the Public
----------------------------------------------------------------------------------------------------------------
                                                                   Undiscounted
                              Year                                 cost-savings     7% Discount     3% Discount
----------------------------------------------------------------------------------------------------------------
2022............................................................      $8,252,524      $7,712,639      $8,012,159
2023............................................................       8,252,524       7,208,074       7,778,795
2024............................................................       8,252,524       6,736,518       7,552,229
2025............................................................       8,252,524       6,295,811       7,332,261
2026............................................................       8,252,524       5,883,936       7,118,700
2027............................................................       8,252,524       5,499,005       6,911,359
2028............................................................       8,252,524       5,139,257       6,710,057
2029............................................................       8,252,524       4,803,044       6,514,619
2030............................................................       8,252,524       4,488,826       6,324,872
2031............................................................       8,252,524       4,195,165       6,140,653
                                                                 -----------------------------------------------
    Total.......................................................      82,525,240      57,962,275      70,395,704
                                                                 -----------------------------------------------
    Annualized..................................................  ..............       8,252,524       8,252,524
----------------------------------------------------------------------------------------------------------------
* Totals may not sum due to rounding.

2022 Act Benefits
    The 2022 Act preserves consumer choice in selecting a COD-validity
timeframe, allowing vessel owners to maximize their welfare based on
their own individualized choice matrix. Finally, confusion regarding
the validity period for a recreational vessel COD will be eliminated,
as the CFR will accurately reflect the law and NVDC policy.
Alternatives
    As stated in the Summary and regulatory text, the 2022 Act is a
legislatively mandated and self-executing law promulgated by Congress.
Hence, the Coast Guard does not have any discretionary action upon its
enactment. The Coast Guard is promulgating this final rule to ensure
that CFR regulations concur and comply with the 2022 Act. Therefore, no
alternatives were considered for this rulemaking.

B. Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612,
requires federal agencies to consider the potential impact on small
entities when they issue a rule after being required to first publish a
general notice of proposed rulemaking. Under 5 U.S.C. 604(a), a
regulatory flexibility analysis is not required for this final rule
under provision in 5 U.S.C. 553(b)(B), because Section 3511 of the 2022
Act provides the Coast Guard no discretion in adopting the specific
timeframes for renewal of recreational vessel CODs. We are not required
to publish a general notice of a proposed rulemaking; therefore, we did
not conduct a regulatory flexibility analysis for this rule.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If this rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person in the FOR
FURTHER INFORMATION CONTACT section of this rule. The Coast Guard will
not retaliate against small entities that question or complain about
this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

D. Collection of Information

    This rule calls for no new or revised collection of information
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. The OMB
Control Number for the Coast Guard's Vessel Documentation collection is
1625-0027. As this final rule codifies current COD options for
recreational vessel owners, and we expect no change in the average
number of annual submissions, there is no change to the OMB-approved
collection.

E. Federalism

    A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis follows.
    It is well settled that States may not regulate in categories
reserved for regulation by the Coast Guard. It is also well settled
that all of the categories covered in 46 U.S.C. 3306, 3703, 7101, and
8101 (design, construction, alteration, repair, maintenance, operation,
equipping, personnel qualification, and manning of vessels), and any
other category in which Congress intended the Coast Guard to be

the sole source of a vessel's obligations, are within the field
foreclosed from regulation by the States. See United States v. Locke,
529 U.S. 89 (2000) (finding that the states are foreclosed from
regulating tank vessels); see also Ray v. Atlantic Richfield Co., 435
U.S. 151, 157 (1978) (State regulation is preempted where ``the scheme
of federal regulation may be so pervasive as to make reasonable the
inference that Congress left no room for the States to supplement it
[or where] the Act of Congress may touch a field in which the federal
interest is so dominant that the federal system will be assumed to
preclude enforcement of state laws on the same subject'' (citations
omitted)). This rule implements changes made by Congress to the
comprehensive federal vessel documentation requirements of 46 U.S.C.
Ch. 121, over which Congress clearly has granted the Coast Guard, via
delegation from the Secretary, exclusive authority. Therefore, because
the States may not regulate within these categories, this rule is
consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
    While it is well settled that States may not regulate in categories
in which Congress intended the Coast Guard to be the sole source of a
vessel's obligations, the Coast Guard recognizes the key role that
State and local governments may have in making regulatory
determinations.

F. Unfunded Mandates

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

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

L. Technical Standards and Incorporation by Reference

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

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have
decided that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.
    This rule meets the criteria for categorical exclusion L54 and L57
in Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
Categorical exclusion L54 pertains to regulations that are editorial or
procedural. Categorical exclusion L57 pertains to regulations
concerning documentation of vessels. This rule involves allowing
recreational vessel owners to select a recreational vessel endorsement
on a Certificate of Documentation (COD) with a validity of 1, 2, 3, 4,
or 5 years. This rule is not part of a larger action, and it will not
result in significant impacts to the human environment. The purpose of
this final rule is to meet the Congressional mandate contained in
Section 3511 of the National Defense Authorization Act of 2022.

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:  14 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; DHS Delegation 00170.1, Revision No. 01.3.

0
2. Amend Sec.  67.163 by:
0
a. In paragraph (a) introductory text, revising the first sentence.
0
b. In paragraph (b), removing the text ``an original'' and adding, in
its place, the text ``a''; and
0
c. Revising paragraph (c).
    The revisions reads as follows:

Sec.  67.163  Renewal of endorsement.

    (a) * * * Endorsements on Certificates of Documentation are valid
for 1 year, except for Recreational Endorsements on Certificates of
Documentation, which are valid for 1, 2, 3, 4, or 5 years. * * *
* * * * *

    (c) Requirement for renewal of recreational endorsements. A
Certificate of Documentation for a recreational vessel and the renewal
of such a certificate will be effective for 1, 2, 3, 4, or 5 years for
such a Certificate of Documentation for such vessel or the renewal
thereof.

Sec.  67.317  [Amended]

0
3. In Sec.  67.317, amend paragraph (a) by removing the text ``must be
renewed every'' and add, in its place, the text ``can be renewed for a
period of 1, 2, 3, 4, or''.

0
4. Amend Sec.  67.550 by revising Revise Table 1 to read as follows:

Sec.  67.550  Fee table.

* * * * *

                     Table 1 to Sec.   67.550--Fees
------------------------------------------------------------------------
                        Activity                                Fee
------------------------------------------------------------------------
Commercial Applications:
    COM Initial Certificate of Documentation (COD) (1            $133.00
     Year Only).........................................
    COM Exchange of Certificate of Documentation (COD)             84.00
     (1 Year Only)......................................
    COM Return of Vessel to Documentation (1 Year Only).           84.00
    COM Replacement of Lost or Mutilated COD............           50.00
    COM Approval of Exchange of COD requiring Mortgagee            24.00
     consent............................................
    COM Trade Endorsements:                                        (\1\)
        COM Coastwise Endorsement.......................           29.00
        COM Coastwise Bowaters Endorsement..............           29.00
        COM Fishery Endorsement.........................           12.00
        COM Registry Endorsement........................            None
        COM Recreational Endorsement....................            None
    COM Evidence of Deletion from Documentation.........           15.00
    COM Renewal of Certificate of Documentation (COD) (1-          26.00
     Year Only).........................................
    COM Late Renewal....................................        \2\ 5.00
Recreational Applications:
    REC Initial Certificate of Documentation (COD) (1-        \3\ 133.00
     Year)..............................................
    REC Exchange of Certificate of Documentation (COD)         \3\ 84.00
     (1-Year)...........................................
    REC Return of Vessel to Documentation (COD) (1-Year)       \3\ 84.00
    REC Replacement of Lost or Mutilated COD............           50.00
    REC Approval of Exchange of COD requiring Mortgagee            24.00
     consent............................................
    REC Evidence of Deletion from Documentation.........           15.00
    REC Renewal of Certificate of Documentation (1-Year)           26.00
        2-Year Expiration...............................           52.00
        3-Year Expiration...............................           78.00
        4-Year Expiration...............................          104.00
        5-Year Expiration...............................          130.00
    REC Late Renewal....................................        \2\ 5.00
Waivers:
    Original Build Evidence.............................           15.00
    Bill of Sale Eligible for Filing and Recording......           15.00
Miscellaneous Applications:
    Wrecked Vessel Determination........................          555.00
    New Vessel Determination............................          166.00
    Rebuild Determination--Preliminary or Final.........          450.00
Filing and Recording:
    Bill of Sale and Instruments in Nature of Bill of           \4\ 8.00
     Sale...............................................
    Mortgages and Related Instruments...................        \4\ 4.00
    Notice of Claim of Lien and Related Instruments.....        \4\ 8.00
Certificate of Compliance:
    Certificate of Compliance (46 CFR Part 68)..........           55.00
Miscellaneous:
    Abstract of Title (CG-1332).........................           25.00
    Certificate of Ownership (CG-1330)..................          125.00
        Attachment for each vessel with same data.......           10.00
    Certified Copy of Recorded Instrument...............            4.00
    Certified Copy of Certificate of Documentation......            4.00
    Copy of instrument or document......................           (\5\)
------------------------------------------------------------------------
\1\ When multiple trade endorsements are requested on the same
  application, only the single highest applicable fee will be charged,
  resulting in a maximum endorsement fee of $29.00. This does not apply
  to recreational endorsements.
\2\ Late renewal fee is in addition to the cost of the endorsement
  sought.
\3\ 2-5 Year Expiration (Additional Fee Required--$26.00/year).
\4\ Per page.
\5\ Fees will be calculated in accordance with 6 CFR part 5, subpart A.

    Dated: November 6, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Prevention
Policy.
[FR Doc. 2023-25024 Filed 11-13-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 23, 2008 (Volume 73, Number 142)]
[Rules and Regulations]
[Page 42675-42676]
[DOCID:fr23jy08-2]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0665; Airspace Docket 08-ANE-100]

Removal of Class E5 Airspace; Madison, CT

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This action removes Class E5 airspace at Griswold Airport,
Madison, CT, (N04). The VHF Omnidirectional Range (VOR) approach into
Griswold Airport has been discontinued; eliminating the need for Class
E5 700 foot controlled airspace.

DATES: Effective 0901 UTC, September 25, 2008. This rule is effective
without further action, unless adverse comment is received by August
22, 2008. If adverse comment is received, the FAA will publish a timely
withdrawal of the rule in the Federal Register. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

ADDRESSES: Send comments on this rule to: U.S. Department of
Transportation, Docket Operations, West Building, Ground Floor, Room
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2008-0665; Airspace Docket No. 08-ANE-100, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the rule, any comments
received, and any final disposition in person in the Dockets Office
(see ADDRESSES section for address and phone number) between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays.
    An informal docket may also be examined during normal business
hours at the office of the Eastern Service Center, Federal Aviation
Administration, Room 210, 101 Columbia Avenue, College Park, Georgia
30337.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, Operations Support,
Eastern Service Center, Federal Aviation Administration, P.O. Box
20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, issues it as a direct final rule.
The FAA has determined that this rule only involves an established body
of technical regulations for which frequent and routine amendments are
necessary to keep them operationally current. There will be no further
action by the FAA unless a written adverse or negative comment or a
written notice of intent to submit an adverse or negative comment is
received within the comment period. If the FAA receives, within the
comment period, an adverse or negative comment, or written notice of
intent to submit such a comment, a document withdrawing the direct
final rule will be published in the Federal Register, and a notice of
proposed rulemaking may be published with a new comment period.

Comments Invited

    Although this action is in the form of a direct final rule, and was
not preceded by a notice of proposed rulemaking, interested persons are
invited to comment on this rule by submitting such written data, views,
or arguments as they may desire. An electronic copy of this document
may be downloaded from and comments may be submitted and reviewed at
http://www.requlations.gov. Recently

published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov., or the Federal Register's Web page at
http://www.gpoaccess.gov/fr/index.html. Communications should identify
both docket numbers and be submitted in triplicate to the address
specified under the caption ADDRESSES above or through the Web site.
All communications received on or before the closing date for comments
will be considered, and this rule may be amended or withdrawn in light
of the comments received.
    Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Factual information that supports
the commenter's ideas and suggestions is extremely helpful in
evaluating the effectiveness of this action and determining whether
additional rulemaking action would be needed. All comments submitted
will be available, both before and after the closing date for comments,
in the Rules Docket for examination by interested persons. Those
wishing the FAA to acknowledge receipt of their comments submitted in
response to this rule must submit a self-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No. FAA-
2008-0665; Airspace Docket No. 08-ANE-100.'' The postcard will be date
stamped and returned to the commenter.

History

    On June 23, 1994, the FAA amended Title 14 Code of Federal
Regulations (14 CFR) part 71 by modifying Class E5 airspace at Madison,
CT, (59 FR 29939) to provide sufficient controlled airspace for the VOR
approach into Griswold Airport. In August 2007, the FAA discontinued
the use of the VOR approach into Griswold Airport. This action will
remove the Class E5 700 foot controlled airspace at Griswold Airport,
thereby providing a less restrictive airspace.

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 removes Class E5 airspace at Madison, CT.
    Class E5 airspace designations for airspace areas extending upward
from 700 feet above the surface of the Earth are published in Paragraph
6005 of FAA Order 7400.9R, dated August 15, 2007, and effective
September 15, 2007, which is incorporated by reference in 14 CFR 71.1.
The Class E5 airspace designations listed in this document will be
published subsequently in the Order.

Agency Findings

    The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among various levels of government. Therefore, it is
determined that this final rule does not have federalism implications
under Executive Order 13132.
    FAA has determined that this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current,
It, therefore, (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes Class E airspace at Centre, AL.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR Part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace Designations and Reporting
Points, signed August 15, 2007, and effective September 15, 2007, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet
or More Above the Surface of the Earth.
* * * * *

ANE CT E5 Madison, CT [REMOVE]

Madison, Griswold Airport, CT
* * * * *

    Issued in College Park, Georgia, on July 3, 2008.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
 [FR Doc. E8-16513 Filed 7-22-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Rules and Regulations]
[Pages 51706-51709]
[FR Doc No: 2012-21017]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 390

[Docket No. FMCSA-2012-0156]
RIN 2126-AB53

Gross Combination Weight Rating (GCWR); Definition

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Direct final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) amends
the definition of ``gross combination weight rating'' (GCWR) in our
regulations. The definition currently prescribes how the GCWR is
calculated if the vehicle manufacturer does not include the information
on the vehicle certification label required by the National Highway
Traffic Safety Administration (NHTSA). The Agency has determined the
definition should not include what is essentially guidance that is
difficult for the motor carrier and enforcement communities to use.
Therefore, FMCSA amends this definition to state that the GCWR is the
value specified by the commercial motor vehicle manufacturer.

DATES: This rule is effective October 26, 2012, unless an adverse
comment or notice of intent to submit an adverse comment, is either
submitted to our online docket via http://www.regulations.gov on or
before September 26, 2012 or reaches the Docket Management Facility by
that date. If an adverse comment or notice of intent to submit an
adverse comment is received by September 26, 2012, we will withdraw
this direct final rule and publish a timely notice of withdrawal in the
Federal Register.

ADDRESSES: You may submit comments identified by docket number FMCSA-

2012-0156 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: Tom Kelly, Office of Enforcement and
Program Delivery, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202)
366-1812 or via email at<EMAIL_ADDRESS>Office hours are from 9
a.m. to 5 p.m. ET, Monday through Friday, except Federal holidays. If
you have questions on viewing or submitting material to the docket,
contact Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
II. Abbreviations
III. Regulatory Information
IV. Background
V. Discussion of the Rule
VI. Regulatory Analyses
VII. The Final Rule

I. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2012-0156), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comment and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission. As a reminder, FMCSA will only consider adverse comments as
defined in 49 CFR 389.39(b) and explained below.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``FMCSA-2012-0156'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comment by mail or hand
delivery, submit it in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit it by
mail and would like to know that it reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. FMCSA will
consider all comments and material received during the comment period.

B. Viewing Comments and Documents

    To view comments, go to http://www.regulations.gov, click on the
``read comments'' box, which will then become highlighted in blue. In
the ``Keyword'' box insert ``FMCSA-2012-0156'' and click ``Search.''
Click the ``Open Docket Folder'' in the ``Actions'' column. If you do
not have access to the Internet, you may also view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

C. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

II. Abbreviations

FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
GCWR Gross combination weight rating
NHTSA National Highway Traffic Safety Administration

III. Regulatory Information

    FMCSA publishes this amendment to parts 383 and 390 under the
direct final rule procedures in 49 CFR 389.11 and 389.39 because we
believe the rule is a routine, non-controversial amendment to the
definition of ``gross combination weight rating'' (GCWR) in both 49 CFR
383.5 and 390.5. The rule would provide consistency between FMCSA's
definition of GCWR and the definition of that term used by NHTSA under
49 CFR 571.3. FMCSA does not expect adverse comments. If no adverse
comments or notices of intent to submit an adverse comment are received
by September 26, 2012, this rule will become effective as stated in the
DATES section. In that case, approximately 30 days before the effective
date, FMCSA will publish a document in the Federal Register stating
that no adverse comments were received and confirming that this rule
will become effective as scheduled. However, if the Agency receives any
adverse comments or notices of intent to submit an adverse comment,
FMCSA will publish a document in the Federal Register announcing the
withdrawal of all or part of this direct final rule. If an adverse
comment applies only to part of this rule and it is possible to remove
that part without defeating the purpose of this rule, the Agency may
adopt, as final, that part of this rule on which no adverse comments
were received. FMCSA will withdraw the part of this rule that was the
subject of an adverse comment. If the Agency decides to proceed with a
rulemaking following receipt of any adverse comments, FMCSA will
publish a separate notice of proposed rulemaking and provide a new
opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.

IV. Background

    Currently, the definitions in 49 CFR 383.5 and 390.5 both say:

    Gross combination weight rating (GCWR) means the value specified
by the manufacturer as the loaded weight of a combination
(articulated) vehicle. In the absence of a value specified by the
manufacturer, GCWR will be determined by

adding the GVWR \1\ of the power unit and the total weight of the
towed unit and any load thereon.

    \1\ GVWR stands for gross vehicle weight rating.
---------------------------------------------------------------------------

    The first sentence of the definition is entirely correct; this is
the definition used by other authorities. The second sentence, however,
presents an alternative definition that is not used to determine GCWR
by either vehicle manufacturers or the National Highway Traffic Safety
Administration (NHTSA) (see 49 CFR 571.3) (``Gross combination weight
rating or GCWR means the value specified by the manufacturer as the
loaded weight of a combination vehicle.'') As FMCSA and its State
partners increase their monitoring of drivers and carriers through
roadside inspections, investigations and the Agency's Safety
Measurement System and other tools, questions from industry and the
enforcement community about the inconsistency between FMCSA's GCWR
definition in 49 CFR 383.5 and 390.5 and NHTSA's definition in 49 CFR
571.3 make it clear that the FMCSA definition must be changed.

V. Discussion of the Rule

    FMCSA is using a direct final rule to promulgate this correction to
the GCWR definition in 49 CFR 383.5 and 390.5 because the Agency does
not believe the change would have a net impact of the number of drivers
or carriers subject to the FMCSRs, or the applicability of the
requirements therein. Furthermore, we do not anticipate the submission
of adverse comments. By removing the second sentence in the definition
in both sections, the rule simply conforms the Agency's GCWR definition
to the one used by NHTSA.

VI. Regulatory Analyses

E.O. 12866 (Regulatory Planning and Review and DOT Regulatory Policies
and Procedures as Supplemented by E.O. 13563)

    FMCSA has determined that this proposed rule is not a significant
regulatory action within the meaning of Executive Order (E.O.) 12866,
as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), and not
significant within the meaning of the Department of Transportation's
regulatory policies and procedures because the direct final rule is not
expected to generate substantial congressional or public interest. The
rulemaking is unlikely to impose costs on the industry because the
change to the GCWR definition would not have a net impact of the number
of drivers or carriers subject to the FMCSRs, or the applicability of
the requirements therein. The cost, if any, would be borne by motor
carriers that had previously determined by reference to the
inconsistent wording that their operations were not subject to certain
safety regulations and that would now be required to achieve compliance
with the applicable rules. The Agency believes this population to be
negligible, and that the costs of the rule would not begin to approach
the $100 million annual threshold for economic significance. This rule
therefore has not been formally reviewed by the Office of Management
and Budget (OMB).

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA is not required to
prepare a final regulatory flexibility analysis under 5 U.S.C. 604(a)
for this final rule because the agency has not issued a notice of
proposed rulemaking prior to this action.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this direct final rule so that they can better
evaluate its effects on themselves and participate in the rulemaking
initiative. If the direct final rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance; please consult the
FMCSA point of contact, Tom Kelly, listed in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's 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 FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.

Unfunded Mandates Reform Act of 1995

    This proposed rule would not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et
seq.), that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $143.1
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any 1 year.

E.O. 13132 (Federalism)

    A rule has Federalism implications 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 the
States. FMCSA has analyzed this rule under E.O. 13132 and determined
that it does not have Federalism implications.

E.O. 12988 (Civil Justice Reform)

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

E.O. 13045 (Protection of Children)

    FMCSA analyzed this action under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. The Agency determined
that this rule will not create an environmental risk to health or
safety that may disproportionately affect children.

E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.

Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This rule does not require the
collection of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency which receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined this rule will not result in a new or revised Privacy
Act System of Records for FMCSA.

E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental

consultation on Federal programs and activities do not apply to this
program.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from OMB for each
collection of information they conduct, sponsor, or require through
regulations. There is no new information collection requirement
associated with this final rule.

National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this rule in accordance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1 (69 FR 9680,
March 1, 2004) that this action does not have any effect on the quality
of the environment. Therefore, this final rule is categorically
excluded (CE) from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1, paragraph 6(b) of Appendix 2. The CE under paragraph 6(b)
addresses rulemakings that make editorial or other minor amendments to
existing FMCSA regulations. A Categorical Exclusion Determination is
available for inspection or copying in the Regulations.gov Web site
listed under ADDRESSES.
    FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.

E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this rule under E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use. FMCSA has determined that it is not a ``significant energy
action'' under that order because it is not a ``significant regulatory
action'' under E.O. 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. The
Administrator of the Office of Information and Regulatory Affairs has
not designated it as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under E.O. 13211.

E.O. 13175 (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 a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Technical Standards

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

List of Subjects

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway Safety, Incorporation by reference, Motor carriers.

49 CFR Part 390

    Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.

VII. The Final Rule

    For the reasons stated above, FMCSA amends 49 CFR parts 383 and 390
in title 49, Code of Federal Regulations, chapter III, subchapter B, as
follows:

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
1. The authority citation for part 383 continues to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 4140,
Pub. L. 109-59, 119 Stat. 1144, 1746; and 49 CFR 1.73.

0
2. Amend Sec.  383.5 by revising the definition of ``gross combination
weight rating'' to read as follows:

Sec.  383.5  Definitions.

* * * * *
    Gross combination weight rating (GCWR) means the value specified by
the manufacturer as the loaded weight of a combination motor vehicle.
* * * * *

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
3. The authority citation for part 390 continues to read as follows:

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31136, 31144,
31151, and 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-
1678; secs. 212, 217, and 229, Pub. L. 106-159, 113 Stat. 1748,
1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 4115
and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144,
1726, 1743-1744), sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745;
and 49 CFR 1.73.

0
4. Amend Sec.  390.5 by revising the definition of ``gross combination
weight rating'' to read as follows:

Sec.  390.5  Definitions.

* * * * *
    Gross combination weight rating (GCWR) means the value specified by
the manufacturer as the loaded weight of a combination motor vehicle.
* * * * *

    Issued on: August 16, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-21017 Filed 8-24-12; 8:45 am]
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[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Proposed Rules]
[Pages 17489-17490]
[FR Doc No: 2014-06818]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2005-0011; FRL-9908-66-Region 5]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Eau Claire Municipal Well
Field Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 5 is issuing
a notice of intent to delete the Eau Claire Municipal Well Field
Superfund Site located in Eau Claire, Wisconsin from the National
Priorities List (NPL) and requests public comments on this proposed
action. The NPL, promulgated pursuant to Section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an appendix of the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). EPA and the
State of Wisconsin, through the Wisconsin Department of Natural
Resources (WDNR), have determined that all appropriate response actions
under CERCLA have been completed. However, this deletion does not
preclude future actions under Superfund.

DATES: Comments must be received by April 28, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2005-0011, by one of the following methods:
     http://www.regulations.gov: Follow online instructions for
submitting comments.
     Email: Gladys Beard, NPL Deletion Process Manager, at
<EMAIL_ADDRESS>or Susan Pastor, Community Involvement
Coordinator, at<EMAIL_ADDRESS>     Fax: Gladys Beard, NPL Deletion Process Manager, at (312)
697-2077.
     Mail: Howard Caine, Remedial Project Manager, U.S.
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard,
Chicago, IL 60604,<PHONE_NUMBER>, or Susan Pastor, Community
Involvement Coordinator, U.S. Environmental Protection Agency (SI-7J),
77 West Jackson Boulevard, Chicago, IL 60604,<PHONE_NUMBER> or (800)
621-8431.
     Hand delivery: Susan Pastor, Community Involvement
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West
Jackson Boulevard, Chicago, IL 60604. Such deliveries are only accepted
during the docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information. The normal business
hours are Monday through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding
federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2005-0011. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information may not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in the hard copy. Publicly available docket materials are available
either electronically at http://www.regulations.gov or in hard copy at:
     U.S. Environmental Protection Agency--Region 5, 77 West
Jackson Boulevard, Chicago, IL 60604, Phone:<PHONE_NUMBER>, Hours:
Monday through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding federal
holidays.
     L.E. Phillips Memorial Public Library, 400 Eau Claire St.,
Eau Claire, WI 54701, Phone:<PHONE_NUMBER>, Hours: Monday through
Thursday, 10:00 a.m. to 9: 00 p.m., Friday 10:00 a.m. to 6:00 p.m.,
Saturday 10:00 a.m. to 5:00 p.m., Sunday 1:00 p.m. to 5:00 p.m.
However, the library is closed every Sunday from May 26--September 1.

FOR FURTHER INFORMATION CONTACT: Howard Caine, Remedial Project
Manager, U.S. Environmental Protection Agency (SR-6J), 77 West Jackson
Boulevard, Chicago, IL 60604,<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
today's Federal Register, we are publishing a direct final Notice of
Deletion of the Eau Claire Municipal Well Superfund Site without prior
Notice of Intent to Delete because EPA views this as a noncontroversial
revision and anticipates no adverse comment. We have explained our
reasons for this deletion in the preamble to the direct final Notice of
Deletion,

and those reasons are incorporated herein. If we receive no adverse
comment(s) on this deletion action, we will not take further action on
this Notice of Intent to Delete. If we receive adverse comment(s), we
will withdraw the direct final Notice of Deletion, and it will not take
effect. We will, as appropriate, address all public comments in a
subsequent final Notice of Deletion based on this Notice of Intent to
Delete. We will not institute a second comment period on this Notice of
Intent to Delete. Any parties interested in commenting must do so at
this time.
    For additional information, see the direct final Notice of Deletion
which is located in the ``Rules and Regulations'' section of this
Federal Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous substances, Hazardous waste, Intergovernmental relations,
Penalties, Radiation protection, Reporting and recordkeeping
requirements, Superfund, Water pollution control, Water supply.

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p. 193.

    Dated: March 3, 2014.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2014-06818 Filed 3-27-14; 8:45 am]
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