[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Rules and Regulations]
[Pages 5022-5033]
[FR Doc No: 2021-00526]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 67

[Docket No. USCG-2020-0215]
RIN 1625-AC26

Certificate of Documentation--5 Year Renewal Fees

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is issuing a final rule extending the validity
of a recreational vessel endorsement on a Certificate of Documentation
(COD) from 1 to 5 years. Congress passed and the President signed the
Frank LoBiondo Coast Guard Authorization Act of 2018, which requires
the Coast Guard to issue recreational vessel CODs for 5 years. By
updating the Code of Federal Regulations to reflect this change, the
Coast Guard anticipates this final rule to harmonize with the
requirements of the 2018 Act that decreased the burden on recreational
vessel owners by requiring COD renewals every 5 years rather than
annually.

DATES: This final rule is effective February 18, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0215 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

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_ADDRESS>
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 (Pub.
L. 115-282, 132 Stat. 4192)
BLS Bureau of Labor Statistics
CFR Code of Federal Regulations
COD Certificate of Documentation
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
NVDC U.S. Coast Guard 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 512 of the
Frank LoBiondo Coast Guard Authorization Act of 2018 (2018 Act) (Pub.
L. 115-282, 132 Stat. 4192) (the 2018 Act), which the President signed
on December 4, 2018. The 2018 Act directed the Coast Guard to do the
following: (1) Make Certificates of Documentation (CODs) for
recreational vessels of at least five

net tons \1\ effective for 5 years; and (2) require owners of
recreational vessel of at least five net tons to notify the Coast Guard
of each change in the information on which the issuance of the COD is
based. Vessel owners must report each change of information that occurs
before expiration of the certificate not later than 30 days after such
change. This rulemaking is issued under authority found in Title 46 of
the United States Code (U.S.C.) 2103.
---------------------------------------------------------------------------

    \1\ 46 U.S.C. 12103 provides, in pertinent part, ``Except as
otherwise provided, a certificate of documentation for a vessel may
be issued under this chapter only if the vessel is--. . .(2) at
least 5 net tons as measured under part J of this subtitle; . . .''
---------------------------------------------------------------------------

    The Coast Guard finds that good cause exists under the
Administrative Procedure Act, 5 U.S.C. 553, to dispense with notice and
comment procedures. Prior notice and opportunity to comment on this
rule are unnecessary under 5 U.S.C. 553(b)(3)(B) because Section 512 of
the 2018 Act provides the Coast Guard no discretion in adopting the
specific time frames for renewal of recreational vessel CODs. The 2018
Act does not allow for alternatives. It does not permit the Coast Guard
to decide upon a different time frame for renewal, choose to adopt a
different renewal period, or respond to public comments by modifying
the substance of the rule. 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 and would in fact be futile.\2\ It should be
noted that the Coast Guard has already implemented the requirements of
Section 512 of the 2018 Act and is presently issuing multi-year CODs to
recreational vessels of at least 5 net tons.
---------------------------------------------------------------------------

    \2\ See Metzenbaum v. Federal Energy Regulatory Commission, 675
F. 2d 1282, 1291 (D.C. Cir. 1982) (finding notice and comment
unnecessary for nondiscretionary acts where notice and comment
``might even have been contrary to the public interest, given the
expense that would have been involved in a futile gesture.'')
(internal quotation marks omitted).
---------------------------------------------------------------------------

III. Background

    Section 512 of the 2018 Act directs how the Coast Guard must
administer its certificate of documentation program, and this rule
conforms sections in Title 46 of the Code of Federal Regulations (CFR)
part 67 to reflect what is now the law. As described above, the Coast
Guard finds that good cause exists to forego notice and comment
rulemaking because the statute provides the Coast Guard with no
discretion to exercise in response to comments. Accordingly, the Coast
Guard did not issue a notice of proposed rulemaking. This final rule
only amends the regulations so that they are in agreement with the
requirements already in the law.
    The purpose of this final rule is to meet the Congressional mandate
contained in Section 512 of the 2018 Act, in which Congress requires
the Coast Guard to issue recreational endorsements on CODs with a
validity of 5 years. Additionally, the 2018 Act directs the Coast Guard
to establish phased user fees for 5-, 4-, 3-, 2-, and 1-year
recreational endorsements. After the phase-in period is complete, on
December 31, 2021, applicants will only be able to apply for a 5-year
recreational endorsement.
    In accordance with 46 U.S.C. 12105(e)(2)(C), the cost of the user
fee will be calculated by multiplying 5 years by the recently
established $26 annual fee, for a total of $130.\3\ The 5-year fee is
consistent with statute and will ensure that the Coast Guard collects
the appropriate user fees, consistent with the cost to provide the
service. The new fee for a 5-year recreational endorsement will be in
addition to the fee collected for initial and exchanges of CODs.
---------------------------------------------------------------------------

    \3\ See 79 FR 47015, 47106 (Aug. 12, 2014).
---------------------------------------------------------------------------

    Lastly, this final rule repeats the requirement in the 2018 Act for
vessel owners to notify the Coast Guard of each change in the
information on which the issuance of the COD for the vessel is based,
before the expiration of the COD and no later than 30 days after the
change. The COD will terminate upon the expiration of the 30-day period
if the owner has not notified the Coast Guard of changes within the 30-
day timeframe.

IV. Discussion of the Rule

    On March 3, 2015, the Coast Guard published a request for comments,
specifically seeking input on increasing the validity period for
renewing CODs, methods for doing so, and possibly updating the fee for
services (80 FR 11361). We received 2,844 comments in response to our
notice, largely in support of a multiyear registration option. However,
our request for comments was superseded by section 311 of the Coast
Guard Authorization Act of 2015 (Pub. L. 114-120), and again by the
Frank LoBiondo Coast Guard Authorization Act of 2018 (Pub. L. 115-282),
which specifically 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.
    There are no maritime safety or security reasons to change the
recreational vessel COD validity from 1 year to 5. However, Congress
determined that a change in the validity was in the best interest of
recreational vessel owners, and the Coast Guard is required to recoup
the costs of providing a service.\4\ To ensure the appropriate user
fees are collected for 5-year CODs, the Coast Guard will collect fees
consistent with the annual cost multiplied by 5, as required by section
512 of the 2018 Act.
---------------------------------------------------------------------------

    \4\ 46 U.S.C. 2110.
---------------------------------------------------------------------------

    Currently, 46 CFR 67.163(a) states that all endorsements on a COD,
including commercial vessel CODs, are valid for 1 year. In this final
rule, the Coast Guard is amending this section to reflect what is
already stated in the 2018 Act: That only commercial vessel CODs are
valid for one 1 year, and that recreational endorsements are valid for
5 years. Additionally, the amendment clarifies that a vessel with both
recreational and commercial endorsements must renew annually. The Coast
Guard is also amending Sec.  67.163(b) to reflect the appropriate
renewal application, as the currently listed form no longer exists.
Lastly, as the 2018 Act requires, the Coast Guard is adding paragraph
(c) to Sec.  67.163 to establish the 5-year renewal requirement and
inform recreational vessel owners that they have the option to renew
recreational endorsements for durations of 1, 2, 3, 4, or 5 years
during the phase-in period. The ability for the owner to select
validity is only in effect from January 1, 2019, to December 31, 2021.
    The Coast Guard is amending Sec.  67.317 to reflect that
recreational endorsements must be renewed every 5 years. The Coast
Guard is also amending Sec.  67.319 to reflect that an owner of a
vessel that has a change of information on which the issuance of the
COD of the vessel is based must notify the Coast Guard of the change of
information within 30 days, as is required by section 512 of the 2018
Act. Furthermore, the Coast Guard is amending this section to reflect
that the vessel's COD will be terminated if the owner fails to notify
the Coast Guard within 30 days of any changes on which the issuance of
the COD is based. The Coast Guard is also amending Sec.  67.515 to
remove the word ``annual'' in describing endorsement renewals.
    Finally, the Coast Guard is amending table 1 to Sec.  67.550 to
reflect the appropriate fee for a 5-year recreational endorsement, and
the fees associated with the owner choosing to have a certificate
issued or renewed for 1, 2, 3,

4, or 5 years from January 1, 2019, to December 31, 2021.

V. Regulatory Analyses

    We developed this final rule to reflect current law, in accordance
with 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. DHS
considers this rule to be an Executive Order 13771 deregulatory action.
See the OMB Memorandum titled ``Guidance Implementing Executive Order
13771, titled `Reducing Regulation and Controlling Regulatory Costs' ''
(April 5, 2017). Details on the estimated cost savings of this final
rule can be found in the rule's regulatory analysis (RA) that follows.
    Following guidance in OMB Circular A-4, we assess the impacts of
this rule against a no-action baseline as well as a pre-statutory
baseline. The no-action baseline is an assessment against what the
world would be like if the rule is not adopted. The pre-statutory
baseline is an assessment against what the world would be like if the
relevant statute had not been adopted.
    This final rule will codify requirements in the 2018 Act that
established a new schedule for the renewal of CODs for owners of
recreational vessels of at least 5 net tons. Since the final rule does
not add any new requirements beyond what is already required and
implemented under the 2018 Act, under a no-action baseline, its total
impacts on costs, cost savings, and benefits is zero.
    We also present impacts of the final rule based on a pre-statutory
baseline. In other words, in the analysis that follows, we present the
impacts of the 2018 Act by comparing the requirements of this rule to a
baseline prior to implementation of the 2018 Act.
Summary of Impacts (Pre-Statutory Baseline)
    Prior to the 2018 Act, CODs were effective for one year. The 2018
Act, codified by this rule, creates savings due to a reduction in the
time necessary for the submission and approval of COD renewals. We
anticipate that approximately 165,309 recreational vessel owners will
be affected annually. In addition, the Government will be affected
because the number of annual renewals the Coast Guard processes will
decline. We estimate that the industry for recreational vessel owners
of vessels of at least 5 net tons will see a savings of $696,727
annualized over 10 years, and the Coast Guard will reduce spending on
administrating COD renewals by an annualized amount of approximately
$997,345. Both cost savings are in $2018, discounted at 7 percent. We
estimate the annualized cost savings to industry and the Government
combined to be approximately $1.7 million, discounted at 7 percent.
    Table 1 presents a summary of the economic impacts. We provide a
detailed description of the estimates in the next section of this
analysis.

                                     Table 1--Summary of the Economic Impact
                                            [Pre-statutory baseline]
----------------------------------------------------------------------------------------------------------------
                                      Affected
          Description                population            Cost           Cost savings           Benefits
----------------------------------------------------------------------------------------------------------------
Require owners of recreational   Estimated average  The 2018 Act will  The affected       The restructuring of
 vessels of at least 5 net tons   annual             not impose any     industry will      CODs from an annual
 to renew CODs every 5 years,     population over    cost burden on     see a 10-year      renewal to a 5-year
 thereby making CODs effective    a 10-year period   industry.          annualized         renewal period will
 for a 5-year term instead of a   of analysis of                        savings of         reduce the industry's
 1-year term.                     owners of                             $696,727. In       annual time burden
                                  recreational                          addition, the      for submitting COD
                                  vessels affected                      government will    applications. In
                                  by the 2018 Act                       see a 10-year      addition, the
                                  (and codified by                      annualized         Government will
                                  this regulation)                      savings of         benefit due to a
                                  is 165,309                            $997,345; both     reduction in the
                                  vessels.                              estimates are      amount of
                                                                        discounted at 7    applications
                                                                        percent.           processed annually.
Vessel owners are currently      Recreational       No cost. This is   There are no       There are no benefits
 required to update changes       vessel owners      clarifying a       savings            associated with this
 that impact information          impacted by the    requirement to     associated with    provision, other than
 attested to on the COD. Since    2018 Act would     keep COD           this provision.    clarifying when
 the 2018 Act requires renewal    be affected by     information                           changes to COD
 every 5 years instead of         the provision in   current and will                      information must be
 annually, a provision within     Sec.   67.319 of   not impose any                        addressed.
 this final rule is clarifying    this final rule.   cost burden.
 that owners need to amend any
 changes to CODs within 30 days
 of said changes occurring.
The fee schedule in Table 1 in   The affected       No cost. This      No savings. This   There are no benefits
 Sec.   67.550 provides owners    population is      clarifies          is clarification   associated with the
 with information about the       those owners       information        only.              updated table. It is
 applicable fees for obtaining    under 46 CFR       about the fees                        updating the cost
 the CODs for their vessels.      part 67, subpart   associated with                       schedule to account
                                  Y.                 CODs.                                 for the change to a 5-
                                                                                year renewal.
----------------------------------------------------------------------------------------------------------------

    The 2018 Act requires owners of recreational vessels of at least 5
net tons to renew their CODs every 5 years. Owners were to begin phase-
in starting January 1 of 2019.
Population
    We estimate that there are an average of 162,647 recreational
vessels in

service in a given year that have a COD. The certification and
documentation of recreational vessels comes with rights as well as
responsibilities that entitle vessel owners the protection under the
U.S. flag.
    There are two reasons for documenting a recreational vessel. The
first reason is voluntary, for qualified recreational vessels that are
at least 5 net tons, thereby granting them protection under the U.S.
flag. The second reason is to satisfy mortgage lender requirements.
    Documenting recreational vessels occurs according to five criteria:
    (1) As a result of the initial documentation of a newly produced
vessel (not documented);
    (2) As a result of the initial documentation of a newly acquired
existing vessel, not previously documented;
    (3) As an exchange of the vessel from one party to another;
    (4) As a reinstatement or replacement of a vessel; or
    (5) As a return to documentation of a vessel.
    The data used to formulate the affected population is provided by
the Coast Guard's National Vessel Documentation Center (NVDC), which is
the approving authority for the issuance of CODs. The NVDC provides
CODs according to the criteria presented above. The information we
present in this analysis uses NVDC data for the affected population
over a 5-year period, from 2013 to 2017.\5\ Based on this data, we
estimate the average existing number of owners obtaining CODs in a
given year to be 162,309, of which 7,402 (or 4.6 percent) are initial
CODs. We assume this is the number of CODs that would have been renewed
annually in the absence of the 2018 Act.
---------------------------------------------------------------------------

    \5\ Information pertaining to the historical data can be found
in the Appendix, under the supporting documents in the docket, where
indicated in the ADDRESSES portion of the preamble. The data for
2013 to 2017 is as follows: 171,293; 160,669; 156,552; 155,221;
167,810.
---------------------------------------------------------------------------

    To estimate the number of CODs for new vessels entering into use
each year, we use the NVDC data to estimate the number of new owners
requesting initial CODs as a percent of total CODs. We base our
estimate on 4.6 percent, as this represents the average increase of
CODs (7,402 [average number of initial CODs] divided by 162,309
[average total number of CODs]).
    The number of new vessels entering into use will vary slightly
every year. However, based on historical data, we can expect their
average annual rate to converge to a steady figure. Assuming this
subset (new vessel CODs) of initial CODs is, on average, consistent
with the average increase of the total COD population (4.6 percent
annually), we can then assume that, on an annual basis, 338 new vessels
owners will request CODs each year (7,402 average initial CODs
multiplied by 4.6 percent). We then add 338 to 162,309 to obtain
162,647, the average total population of CODs. We use this total
population estimate to derive the number of CODs that will not need to
renew as a result of the 2018 Act (which is codified by this
regulation). As is presented in the cost savings section below, this
annual estimate varies per year according to the five different annual
certification criteria and the 3-year phase-in period.
Cost Savings
Industry Assessment
    As a result of the 2018 Act, the Coast Guard will no longer require
owners of recreational vessels to renew their CODs annually. Therefore,
the 2018 Act will not impose any cost; only cost savings will be
realized by the affected population.
    As of January 1, 2019, owners have been able to select a renewal
period of multiple years, up to a limit of 5 years. This cost savings
assessment outlines the Coast Guard's anticipated industry adaptation
of moving to a 5-year renewal period.
    The 2018 Act provides that vessel owners will have 3 years
(starting January 1, 2019 and ending December 31, 2021) to select a
timeframe for COD renewal that does not exceed 5 years. Hence, vessel
owners can choose any timeframe from 1 to 5 years during this 3-year
period. Beginning January 1, 2022, all recreational CODs will be
renewed with a validity period of 5 years. Therefore, in order to
formulate the best approximation of how owners will select their
renewal periods during the phase-in period, we make the assumption that
equal portions of the affected population selected a renewal period of
1 to 5 years in 2019.
    Since the Coast Guard is unable to determine individual preferences
regarding how owners will choose a renewal term during the phase-in
period, our methodology anticipates cost savings throughout a 10-year
period of analysis (2019-2028).\6\ We begin by acknowledging that all
active CODs had to be renewed in 2019. Therefore, when renewing or
receiving an initial COD in 2019, all made a decision as to when they
would renew their next COD. Accordingly, for the first year of the 10-
year assessment period, 2019, no one within the affected population
received any savings.\7\ Therefore, savings begin in 2020.
---------------------------------------------------------------------------

    \6\ The Coast Guard has collected 2019 data about the behavior
of owners towards selecting a new renewal period. However, the data
was too incomplete to formulate an accurate representation of the
affected population's choices in that year. In addition, because
2019 is the only year for which the Coast Guard has information,
this data does not provide enough information (statistically) to
develop a trend analysis to project actual changes in behavior.
Therefore, we have elected to proceed with analyzing this regulatory
assessment by equally dividing the affected population over a 5-year
period, resulting in 80% of the annual population not renewing their
CODs in a given year.
    \7\ Further information can be found in the Appendix, under
supporting documents in the docket, where indicated in the ADDRESSES
portion of the preamble.

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

    To conduct this assessment, we create five subcategories (divided
equally) of the affected population, and assign each category a
specific year for renewal. Any owner who selects a timeframe for
renewal greater than 2 years, or beyond 2021 (60 percent of the
affected population), will have their follow-on renewals occurring
every 5 years after their initial renewal choice. However, we assume
that those who select a timeframe of 1 or 2 years (which we refer to as
groups A and B), will not necessarily renew their CODs in 5 years.
Since groups A and B have chosen the option of renewing in 1 or 2
years, which falls within the phase-in period, they will be given
another opportunity to select a renewal period of 1 to 5 years at the
time of their renewal.\8\ Since groups A and B will, again, have the
option of selecting a renewal period of 1 to 5 years, we again
partition, within each group, equal portions of owners selecting 1 to 5
years renewal. Once an individual in group A and B selects a renewal
period that goes beyond 2021, their follow-up renewal will occur on a
5-year renewal cycle. In Table 2 we present a summary outline as to how
we estimate the number of non-renewals occurring during a 10-year
period of analysis. Further details about how we estimated the number
of renewals and avoided renewals can be found in the Appendix, under
supporting documents in the docket, where indicated in the ADDRESSES
portion of the preamble.
---------------------------------------------------------------------------

    \8\ Because we are unable to determine how or why owners make
their financial decisions, we assume that groups A and B are not
inclined to make a long-term commitment (beyond year 2021) due to
projected or un-projected future financial plans. Therefore, we
assume that short-term financial decisions will direct them to
select a shorter term of 1 or 2 years. For the years following 2021,
we assume renewals will be conducted every 5 years. For this
illustrative analysis, we break down the renewals in equal annual
portions over the five-year period. However, the Coast Guard
recognizes that renewal numbers could vary over the 5-year period
for several reasons, including the possibility the owners could get
rid of their vessels prior to the renewal term.

                              Table 2--Summary of Potential Non-Renewing COD Population Over 10-Year Period of Analysis \9\
                                                                [Pre-statutory baseline]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Potential non-renewing population
                                                     ---------------------------------------------------------------------------------------------------
                                                             Phase-in period                                5-year renewal period
                                                     ---------------------------------------------------------------------------------------------------
                                                        2019      2020      2021      2022      2023      2024      2025      2026      2027      2028
--------------------------------------------------------------------------------------------------------------------------------------------------------
COD applications under the baseline (A).............   162,647   162,647   162,647   162,647   162,647   162,647   162,647   162,647   162,647   162,647
COD applications under the 2018 Act (B).............   162,647    32,867    39,441    47,329    47,329    47,329    14,800     8,226    47,667    47,667
Avoided COD applications (A-B)......................         0   129,780   123,206   115,317   115,317   115,317   147,846   154,421   114,978   114,979
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Values may not add due to rounding.

    The summary in Table 2 provides an approach as to how industry may
react to the changes in the renewal process. In addition, it provides
the affected population, which serves as a basis for cost savings
throughout the 10-year period of analysis.
---------------------------------------------------------------------------

    \9\ An expanded population matrix appears in the appendix, which
can be found in the supporting documents in the docket, where
indicated under the ADDRESSES portion of this preamble.
---------------------------------------------------------------------------

    All savings realized will be administrative, from the perspective
of vessel owners and the Government. Because the 2018 Act changed
annual renewals to a 5-year renewal period, owners will spend less time
submitting paperwork for renewing their CODs. In addition to the
savings that owners will receive, the industry as a whole will see a
reduction in paperwork (see Paperwork Reduction Act in section V. D of
the preamble to this final rule).
    In order to obtain a wage rate for our calculations, to determine
the amount of savings incurred by this rulemaking, we first identify
the individual(s) who submit the renewal form (CG-1280) to the Coast
Guard. Using the 2018 wage rate data from the Bureau of Labor
Statistics (BLS) website, we obtain the employee wage that most
resembles the persons tasked with renewing CODs as Transportation
Employment, Storage and Distribution Managers (OES code 11-3071). The
mean hourly wage rate associated with this profession, as reported by
BLS, is $49.45 per hour.\10\ In order to account for employee benefits,
we apply a load factor to the mean hourly wage rate. We calculate the
load factor from BLS's Employer Cost for Employee Compensation survey
and apply it to the mean hourly wage rate to obtain a fully loaded wage
rate, which more accurately represents the employers' cost per hour for
employees' work.\11\ The load factor we used for this economic
assessment is 1.52.\12\ The loaded mean hourly wage rate we used to
assess the savings estimates is calculated at $75.16 ($49.45 multiplied
by 1.52).
---------------------------------------------------------------------------

    \10\ Information about the wage rates for Transportation,
Storage and Distribution Managers (11-3071) can be found at https://www.bls.gov/oes/2018/may/oes113071.htm.
    \11\ A loaded wage rate is what a company pays per hour to
employ a person, not the hourly wage the employee receives. The
loaded wage rate includes the cost of benefits (health insurance,
vacation, etc.).
    \12\ From the BLS, Employer Cost for Employee Compensation
survey. The load factor for wages is calculated by dividing total
compensation by wages and salaries. For this report, we used the
Transportation and Materials Moving Occupations, Private Industry
report (Series IDs, CMU2010000520000D and CMU2020000520000D for
Total Compensation and Wages and Salaries, respectively, not
seasonally adjusted) for all workers using the multi-screen data
search. Using 2018 4th quarter data, we divide $29.53/$19.42 to
obtain a load factor of 1.52. See https://data.bls.gov/cgi-bin/dsrv?cm.
---------------------------------------------------------------------------

    From the Supporting Statement for Vessels Documentation collection
of information (OMB Control No. 1625-0027), we obtain the amount of
time (or time burden) necessary for filling out the renewal
documentation as 5 minutes. Applicants may submit the renewal form CG
1280 through regular postal service or through the internet. For the
proportion of those submitting form CG-1280 through the internet,
annual renewal is about 28 percent \13\ of the affected population,
while the remaining 72 percent continue utilizing the postal service
for their submissions. We estimate that the cost of submitting a
renewal form via postal service is 0.55 cents (the cost of a first-
class postage stamp), while those who submit the form through the
internet incur no additional mailing costs. There are no associated
savings with submitting the form online, as we assume that for those
choosing that method, internet service is an established part of
business operations.
---------------------------------------------------------------------------

    \13\ The NVDC provided their assessment on renewal submissions
that will be received via internet.

          Table 3--Summary of Values Used To Formulate Savings
                        [Pre-statutory baseline]
------------------------------------------------------------------------
                                       Burden hours        HR equivalent
------------------------------------------------------------------------
From collection of information.  5 Min..................            0.08
YR-2018........................  Hourly Wage............          $49.45
                                 Load Rate..............            1.52
                                 Total Wage Rate........          $75.16
                                 Submission Cost........        ** $0.55
                                 Percent of Submission..            100%
                                 Letter Carrier.........             72%
                                 Via Internet...........             28%
------------------------------------------------------------------------
** This cost is only associated with submission of the renewal
  documentation via letter carrier.

    We estimate the savings of this 10-year assessment by combining the
information found in Tables 2 and 3. From Table 2, we anticipate how
industry will react to changes in the certification renewal process.
Therefore, the calculations for determining savings are as follows:
Since the number of affected population throughout the 10-year
assessment is not uniform, we utilize a sample year to explain how we
obtain savings. From table 2, we use the year 2024 as an example. We
estimate the number of the affected population for 2024 not renewing
their CODs to be about 115,317. The amount of cost savings associated
with not having to fill out the request for certification, per person,
is estimated at $6.01 ($75.16 loaded wage rate multiplied by 0.08 time
burden associated with filling out documentation). Multiplying the
affected population in 2024 by the potential savings of $6.01 due to
the reduction in time burden results in administrative savings for that
year of $693,061. We then account for the cost of submitting the
application, at $0.55 for 72 percent of the population in that year,
adding an additional cost savings of about $45,666 (72 percent of
115,317 [the affected population in 2024] equals 83,029 multiplied by
$0.55 [the cost of a first-class stamp]). The resulting total cost
savings for year 2024 is approximately $738,723 (non-discounted). Table
4 provides a 10-year summary of cost savings that industry will
realize.

                    Table 4--Summary of 10-Year Assessment of Industry Cost Savings, in $2018
                                            [Pre-statutory baseline]
----------------------------------------------------------------------------------------------------------------
                                                                Cost savings non-  Cost savings    Cost savings
                             Year                                  discounted      discounted 3%   discounted 7%
----------------------------------------------------------------------------------------------------------------
2019..........................................................              No savings in first year
                                                               -------------------------------------------------
2020..........................................................          $831,371        $783,647        $726,151
2021..........................................................           789,251         722,277         644,264
2022..........................................................           738,721         656,344         563,566
2023..........................................................           738,723         637,229         526,700
2024..........................................................           738,723         618,669         492,243
2025..........................................................           947,104         770,082         589,809
2026..........................................................           989,211         780,892         575,730
2027..........................................................           736,549         564,504         400,634
2028..........................................................           736,558         548,069         374,429
                                                               -------------------------------------------------
    Total.....................................................         7,246,212       6,081,712       4,893,526
----------------------------------------------------------------------------------------------------------------
    Annualized................................................  ................         712,962         696,727
----------------------------------------------------------------------------------------------------------------
Note: Values may not add due to rounding.

    Summarizing Table 4, we note that industry will not incur any cost
savings during the first year of our assessment, since the entire
affected population had to renew in 2019 and, in that year, make a
determination regarding their next renewal date.\14\ However, after the
first year, industry will begin to realize savings due to the extended
renewal period provided by the 2018 Act. We estimate that the total 10-
year savings is $4.9 million, and the annualized savings is $0.697
million, both discounted at 7 percent.
---------------------------------------------------------------------------

    \14\ In 2019, all CODs were still affected by pre-mandated
regulations, which means all CODs were renewed. For more information
on the distribution of the population, please see the Appendix in
the docket.
---------------------------------------------------------------------------

Government Assessment
    The 2018 Act also affects the Federal government by reducing the
amount of renewal applications it will process in a given year. The
anticipated reduction in the administration of renewal applications is
correlated to the anticipated reduction in the number of the affected
population renewing their CODs in a given year. The Government's
reduction in approved certification will follow the data found in Table
2.
    The COD approval is a two-phase process, in which the Government
initiates, as a courtesy, the renewal process, and then, in the
processing phase, issues the CODs to vessel owners. The first phase,
initiating a request for vessel owners to renew their annual CODs, is
accomplished by sending CG-1280 Vessel Renewal Notification Application
for Renewal mailers to vessel owners approximately 45 days prior to the
expiration date of their current CODs. The first step of this phase is
to determine who is eligible for renewal and to remind current COD
holders that their COD is expiring

within 45 days. Once that is accomplished, all material relating to
renewal notices, to include metered mail, is processed and sent to
vessel owners. In the second step, the Government receives the
application packet from owners, which is reviewed and approved prior to
issuance of the COD.
    The Government employees assigned the duties of initiating renewal
notices are classified as GS-5 and GS-7-employees. Subject matter
experts (SMEs) estimate the individual cost of sending a renewal notice
at approximately $3.05.\15\ To estimate the annual reduction in cost to
the Government, we multiply the individual cost of annual notifications
by the number of vessel owners not submitting annual renewals in a
given year. Table 5 shows the estimated cost savings, per year, that
the Government will realize from a reduction in the annual number of
notifications sent out to owners of recreational vessels.
---------------------------------------------------------------------------

    \15\ The NVDC provided the information pertaining to government
expenditure from a draft study they commissioned through an
independent third party. At the time of publishing this assessment,
the document has not been made available to the public.

  Table 5--Estimated Government Savings for Initiating COD Renewals in
                                  $2018
                        [Pre-statutory baseline]
------------------------------------------------------------------------
                                           Estimated       Government
                 Year                    reduction in     savings  non-
                                         applications      discounted
------------------------------------------------------------------------
2019..................................               0                 0
2020..................................         129,780          $395,829
2021..................................         123,205           375,775
2022..................................         115,317           351,717
2023..................................         115,317           351,718
2024..................................         115,317           351,718
2025..................................         147,846           450,932
2026..................................         154,419           470,979
2027..................................         114,978           350,683
2028..................................         114,979           350,687
                                       ---------------------------------
  Total...............................  ..............         3,450,039
------------------------------------------------------------------------
Note: Values may not add due to rounding.

    The second phase of the process involves the Government receiving
the renewal applications from vessel owners, processing those
applications, and then issuing the CODs. The Government employees
responsible for reviewing the applications and granting CODs are also
classified as GS-5 and GS-7 employees. According to data provided by
the SME, it takes a GS-5 9 minutes to process a renewal application, at
a cost of $5.40 per renewal.\16\ Additionally, it takes a GS-7
approximately 1 minute to approve a COD, at a cost of $0.72 per renewal
request.\17\ The individual cost of finalizing the renewal process, to
include mailing the certificates, is estimated at $6.12 per
renewal.\18\ The savings that the Government will realize from
approving and issuing CODs will be the number of owners not submitting
COD renewals in a given year. Table 6 shows the estimated savings,
annually, that the Government will realize from a reduction in
processing renewal applications.
---------------------------------------------------------------------------

    \16\ The NVDC provided the information pertaining to government
expenditure from a draft study they commissioned from an independent
third party. At the time of publishing this assessment, the document
has not been made available to the public.
    \17\ Ibid.
    \18\ The estimated cost was obtained by combining the
administrative cost of a Clerk 1, $5.40 ($.60 wage per minute
multiplied by 9 minutes of administrative time), and a Clerk 2, $.72
($.72 wage rate per minute multiplied by 1 minute of administrative
time). Total administrative cost burden is $6.12 ($5.40 plus $.72)
per applicant.

  Table 6--Estimated Government Saving for Processing and Granting COD
                            Renewals in $2018
                        [Pre-statutory baseline]
------------------------------------------------------------------------
                                           Estimated
                                         reduction in   Cost savings non-
                 Year                    applications      discounted
                                           received
------------------------------------------------------------------------
2019..................................               0                 0
2020..................................         129,780          $794,254
2021..................................         123,205           754,015
2022..................................         115,317           705,740
2023..................................         115,317           705,743
2024..................................         115,317           705,743
2025..................................         147,846           904,820
2026..................................         154,419           945,047
2027..................................         114,978           703,665
2028..................................         114,979           703,674
                                       ---------------------------------
  Total...............................  ..............         6,922,700
------------------------------------------------------------------------
Note: Values may not add due to rounding.

    We estimate the 10-year combined (initial phase and processing
phase) cost savings that the Government will realize at $10,372,739
(non-discounted). We estimate the total discounted cost savings at
$7,004,938, and annualized cost savings of $997,345, both discounted at
7 percent. Table 7 shows the total estimated Government cost savings
over the 10-year period of analysis.

                            Table 7--Estimated Total Government Cost Saving, in $2018
                                            [Pre-statutory baseline]
----------------------------------------------------------------------------------------------------------------
                                                                 Non-discounted
                             Year                                 cost savings          3%              7%
----------------------------------------------------------------------------------------------------------------
2019..........................................................                No savings first year
                                                               -------------------------------------------------
2020..........................................................        $1,190,083      $1,121,766      $1,039,464
2021..........................................................         1,129,790       1,033,917         922,245
2022..........................................................         1,057,457         939,536         806,729
2023..........................................................         1,057,461         912,175         753,955
2024..........................................................         1,057,461         885,606         704,631
2025..........................................................         1,355,752       1,102,350         844,294
2026..........................................................         1,416,026       1,117,824         824,140
2027..........................................................         1,054,348         808,070         573,496
2028..........................................................         1,054,361      784,543.93         535,984
                                                               -------------------------------------------------
    Total.....................................................        10,372,739       8,705,792       7,004,938
----------------------------------------------------------------------------------------------------------------
    Annualized................................................  ................       1,020,584         997,345
----------------------------------------------------------------------------------------------------------------
Note: Values may not add due to rounding.

    The total 10-year combined (industry and Government) cost savings
is estimated at $17,618,951, non-discounted, with an annualized savings
of $1,694,073, discounted at 7 percent. Table 8 provides the total
annual estimated cost savings that the Act will provide to the affected
stakeholders.

                                      Table 8--Total Cost Savings in $2018
                                            [Pre-statutory baseline]
----------------------------------------------------------------------------------------------------------------
                                                   Vessel owners
                      Year                        not submitting   Cost savings         3%              7%
                                                     renewals
----------------------------------------------------------------------------------------------------------------
2019............................................                     No savings in first year
                                                 ---------------------------------------------------------------
2020............................................         129,780      $2,021,453      $1,905,414      $1,765,616
2021............................................         123,205       1,919,041       1,756,194       1,566,509
2022............................................         115,317       1,796,178       1,595,881       1,370,295
2023............................................         115,317       1,796,184       1,549,404       1,280,655
2024............................................         115,317       1,796,184       1,504,276       1,196,874
2025............................................         147,846       2,302,856       1,872,433       1,434,103
2026............................................         154,419       2,405,237       1,898,716       1,399,870
2027............................................         114,978       1,790,897       1,372,574         974,129
2028............................................         114,979       1,790,920       1,332,612         910,413
                                                 ---------------------------------------------------------------
    Total.......................................  ..............      17,618,951      14,787,504      11,898,463
----------------------------------------------------------------------------------------------------------------
    Annualized..................................  ..............  ..............       1,733,546       1,694,073
----------------------------------------------------------------------------------------------------------------
Note: Values may not add due to rounding.

    In addition to estimating the normal savings for this rule, we use
the perpetual period of analysis for observing the long-term affect
this assessment will have on the affected population. Therefore, we
estimate the total annualized cost savings of the 2018 Act at $1.49
million in 2016 dollars, using a 7-percent discount rate.
Final Rule Regulatory Impacts
    As previously stated, under a no-action baseline, this final rule
produces no impact on the regulated industry. The rule is merely
harmonizing current practices implemented by the 2018 Authorization Act
with 46 CFR part 67. The impacts presented above are measured against a
pre-statutory baseline and represent the result of the 2018 Act, which
this rule codifies.
Alternatives
    The Coast Guard did not examine any alternatives for this final
rule as this rule is mandated by Congress under the Coast Guard
Authorization Act of 2018. The 2018 Act requires that Coast Guard issue
recreational Certificates of Documentation with a validity of 5 years,
thereby reducing the amount of annual reporting burden vessel owners
incur each year. The Coast Guard is promulgating this rule to comply
with statute and may not adopt a different renewal period or pursue any
other alternatives.

B. Small Entities

    The term ``small entities'' comprises small businesses, not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. This rule is not preceded by a notice
of proposed rulemaking and is, therefore, 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, Public Law 104-121, we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule will
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact 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 final rule codifies the 2018 Act, which results in a change to
an existing collection of information under the Paperwork Reduction Act
of 1995, 44 U.S.C. 3501-3520. As defined in 5 CFR 1320.3(c),
``collection of information'' comprises reporting, recordkeeping,
monitoring, posting, labeling, and other similar actions. The title and
description of the information collections, a description of those who
must collect the information, and an estimate of the total annual
burden follow. The estimate covers the time for reviewing instructions,
searching existing sources of data, gathering and maintaining the data
needed, and completing and reviewing the collection.
    Title: Vessel Documentation.
    OMB Control Number: 1625-0027.
    Summary of the Collection of Information: This final rule, by
harmonizing with the 2018 Act, modifies the existing Certification of
Documentation (COD) reporting and recordkeeping requirements in Sec.
67.163(c), which will amend current reporting. The current regulation
requires owners of recreational vessels of at least 5 net tons to renew
their CODs annually. This final rule will codify current industry
practice as of January 1, 2019 and will require

recreational vessel owners to convert from an annual renewal period to
a 5-year renewal period.
    Need for Information: The information is being collected for two
reasons: (1) The documenting of a U.S. vessel comes with rights as well
as responsibilities, which entitle the vessel owners protection under
the U.S. flag; (2) vessel documentation is a requirement in satisfying
mortgage lender requirements.
    Proposed Use of Information: The collection of this information is
maintained by the Coast Guard as a matter of record for identifying
vessels that will be entitled to protection under U.S. flag. In
addition, the certification of a vessel is an obligation to be
performed by the vessel owners as part of a financial agreement they
have entered into with a mortgage company.
    Description of the Respondents: The respondents are the owners of
recreational vessels of at least 5 net tons that choose to document
their vessels or are required to document their vessels due to
financial obligations, which a financial institution may require when a
borrower takes out a loan for the purchase of a vessel.
    Number of Respondents: The total number of respondents affected is
estimated at 162,309, plus an estimated average of 338 new vessels
obtaining CODs each year.
    Frequency of Response: The final rule codifies the 2018 Act that
converts the annual renewal of CODs to a 5-year renewal, reducing the
frequency of responses in any given year. From January 1, 2019 to
December 31, 2021, owners are allowed to choose their 1 to 5-year
renewal period. As of January 1, 2022, owners will only be allowed to
apply for 5-year CODs. However, during the first year (2019), 100
percent (162,647) of the affected population sought COD renewals for
their vessels. From 2020 on, we take the anticipated annual 9-year
average to estimate the potential reduction in frequency of responses
required from this information collection request. Hence, we estimate
the average number of responses annually will be reduced from 189,614
to 63,930.
    Burden of Response: This final rule codifies the 2018 Act and, as a
result, will reduce the burden of renewing annual CODs to a 5-year
renewal period. Therefore, reduction in time for submitting renewal
application forms will decrease by approximately 10,061 hours.
    Estimate of Total Annual Burden: The annual reduction in burden is
estimated as follows:
    (a) Annual reduction in burden resulting from converting annual
reporting requirement for recreational vessel of at least 5 net tons to
a 5-year renewal period: The final rule codifies the 2018 Act that will
reduce the number of CODs requested and approved annually. We estimate
that it takes 5 min (0.08 equivalent hours) to send in a vessel
documentation renewal. We estimate the total average annual burden or
hour reduction for those vessel owners who will not be required to
renew their documentation to be 10,054 hours (125,684 * 0.08 hours).
    (b) The total reduction in annual burden hours due to the
conversion from an annual renewal to a 5-year renewal period: This
final rule will result in an estimated average annual reduction in
total burden hours in the collection of information from 11,373 to
1,319.
    As required by 44 U.S.C. 3507(d), we will submit a copy of this
final rule to OMB for its review of the collection of information. You
are not required to respond to a collection of information unless it
displays a currently valid OMB control number.

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.
    As explained in Sections II and III above, this rulemaking is
needed to conform the regulations to the existing law as amended by the
2018 Act. The 2018 Act requires the Coast Guard to issue CODs for
recreational vessels with a period of validity of 5 years, following a
phase-in period. The 2018 Act prescribes how the cost of the renewal of
such a recreational endorsement must be calculated in both the phase-in
period and thereafter. It also requires vessel owners to notify the
Coast Guard of each change in the information on which the issuance of
the COD for the vessel is based, before the expiration of the COD and
no later than 30 days after the change. The 2018 Act also requires that
a COD will terminate upon the expiration of the 30-day period if the
owner has not notified the Coast Guard of changes within the 30-day
timeframe.
    Documentation under chapter 121 of title 46, United States Code,
including under 46 U.S.C. 12105 as amended by the 2018 Act (see
amendments described in the preceding paragraph), is the means by which
the Federal government allows a vessel to operate in certain trades,
establishes vessel nationality, and enables a vessel to be subject to
preferred mortgages. It is well settled that States may not regulate in
categories reserved by Congress for regulation by the Coast Guard. It
also is well settled that all the categories regulated under 46 U.S.C.
2103, 3103, 3306, 3703, 4102, 4502, 7101, and 8101 (design,
construction, alteration, repair, maintenance, operation, equipping,
personnel qualification, and manning of vessels), as well as 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 the Supreme Court's decision in United
States v. Locke and Intertanko v. Locke, 529 U.S. 89, 120 S.Ct. 1135
(2000). 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 this category, 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. The Coast Guard values the input of State and local
governments in such matters.

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

    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 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. For instructions on
locating the docket, see the ADDRESSES section of this preamble. This
rule is categorically excluded under paragraph L57 of Appendix A, Table
1 of DHS Instruction Manual 023-01-001-01, Rev 1. Paragraph L56
pertains to documentation of vessels. This rule involves extending the
validity of a recreational vessel endorsement on a Certificate of
Documentation.

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 continues 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.

0
2. Amend Sec.  67.163 by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising paragraph (b); and
0
c. Adding paragraph (c).
    The revisions and addition read as follows:

Sec.  67.163   Renewal of endorsement.

    (a) Requirement for renewal of endorsement. Endorsements on
Certificates of Documentation are valid for 1 year, except for
Recreational Endorsements on Certificates of Documentation, which are
valid for 5 years. However, a Certificate of Documentation with a
Recreational Endorsement and a Commercial Endorsement will only be
valid for 1 year. Prior to the expiration of an endorsement, the owner
of a vessel, which is not exempt from the requirement for documentation
under paragraph (c) of Sec.  67.9, must apply for renewal of the
endorsement(s) by complying with paragraph (b) of this section. The
owner of a vessel exempt from the requirement for documentation under
paragraph (c) of Sec.  67.9 must either:
* * * * *
    (b) Renewal application. The owner of a vessel must apply for
renewal of each endorsement by executing an original Vessel Renewal
Notification, Application for Renewal (CG-1280) certifying that the
information contained in the Certificate of Documentation and any
endorsement(s) thereon remains accurate, and that the Certificate has
not been lost, mutilated, or wrongfully withheld. The completed CG-1280
must be sent to the Director, National Vessel Documentation Center.
    (c) Requirement for renewal of recreational endorsements. A
certificate of documentation for a recreational vessel and the renewal
of such a certificate shall be effective for a 5-year 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.

Sec.  67.317   [Amended]

0
3. In Sec.  67.317 amend paragraph (a) by adding, after the
introductory phrase, ``Except as provided in paragraph (b) of this
section,'' the text ``and except for recreational endorsements, which
must be renewed every 5 years,''.

0
4. Revise Sec.  67.319 to read as follows:

Sec.  67.319  Requirement to report change in vessel status and
surrender Certificate of Documentation.

    (a) The owner of a vessel must notify the Coast Guard of each
change in the information on which the issuance of the Certificate of
Documentation for the vessel is based that occurs before the expiration
of the certificate under this subsection, by no later than 30 days
after such change.
    (b) The Certificate of Documentation for a vessel is terminated
upon the expiration of the 30-day period if the owner has not notified
the Coast Guard of such change before the end of the period.

Sec.  67.515   [Amended]

0
5. In Sec.  67.515, remove the word ``annual''.

0
6. Revise Sec.  67.550 to read as follows:

Sec.  67.550   Fee table.

    The fees charged under subpart Y are as set forth in Table 1 to
67.550.

                         Table 1 to 67.550--Fees
------------------------------------------------------------------------
           Activity                     Reference               Fee
------------------------------------------------------------------------
Applications:
    Initial Certificate of      Subpart K...............         $133.00
     Documentation.
    Exchange of Certificate of  ......do................           84.00
     Documentation.
    Return of vessel to         ......do................           84.00
     documentation.
    Replacement of lost or      ......do................           50.00
     mutilated Certificate of
     Documentation.
    Approval of exchange of     ......do................           24.00
     Certificate of
     Documentation requiring
     mortgagee consent.
    Trade endorsement(s):
        Coastwise endorsement.  Subpart B...............           29.00
        Coastwise Boaters       46 CFR part 68..........           29.00
         endorsement.
        Fishery endorsement...  ......do................           12.00
        Registry endorsement..  ......do................            none
        Recreational            ......do................  ..............
         endorsement.
        Recreational vessel     ........................          130.00
         endorsements (5-year).
        Through December 31,    ........................  ..............
         2021:.
            4-year              ........................          104.00
             recreational
             vessel
             endorsement.
            3-year              ........................           78.00
             recreational
             vessel
             endorsement.
            2-year              ........................           52.00
             recreational
             vessel
             endorsement.
            1-year              ........................           26.00
             recreational
             vessel
             endorsement.
------------------------------------------------------------------------
Note 1: When multiple trade endorsements are requested on the same
 application, the single highest applicable endorsement fee will be
 charged, resulting in a maximum endorsement fee of $29.00. This does
 not apply to recreational endorsements.
------------------------------------------------------------------------
    Evidence of deletion from   Subpart L...............           15.00
     documentation.
    Renewal fee...............  ......do................           26.00
        Commercial vessel       ......do................           26.00
         endorsements (annual).
        Recreational vessel     ........................          130.00
         endorsements (5-year).
        Through December 31,
         2021:
            4-year              ........................          104.00
             recreational
             vessel
             endorsement.
            3-year              ........................           78.00
             recreational
             vessel
             endorsement.
            2-year              ........................           52.00
             recreational
             vessel
             endorsement.
            1-year              ........................           26.00
             recreational
             vessel
             endorsement.
    Late renewal fee..........  ......do................        \1\ 5.00
Waivers:
    Original build evidence...  Subpart F...............           15.00
    Bill of sale eligible for   Subpart E...............           15.00
     filing and recording.
Miscellaneous applications:
    Wrecked vessel              Subpart J...............          555.00
     determination.
    New vessel determination..  Subpart M...............          166.00
    Rebuild determination--     ......do................          450.00
     preliminary or final.
Filing and recording:
    Bills of sale and           Subpart P...............        \2\ 8.00
     instruments in nature of
     bills of sale.
    Mortgages and related       Subpart Q...............        \2\ 4.00
     instruments.
    Notice of claim of lien     Subpart R...............        \2\ 8.00
     and related instruments.
Certificate of compliance:
    Certificate of compliance.  46 CFR part 68..........           55.00
Miscellaneous:
    Abstract of Title.........  Subpart T...............           25.00
    Certificate of ownership..  ......do................          125.00
        Attachment for each     ......do................           10.00
         additional vessel
         with same ownership
         and encumbrance data.
    Copy of instrument or       (\3\)...................           (\3\)
     document.
------------------------------------------------------------------------
\1\ Late renewal fee is in addition to the cost of the endorsement
  sought.
\2\ Per page.
\3\ Fees will be calculated in accordance with 6 CFR part 5, subpart A.

    Dated: January 8, 2021.
R.V. Timme,
Rear Admiral, U.S. Coast Guard,Assistant Commandant for Prevention
Policy.
[FR Doc. 2021-00526 Filed 1-15-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 47 (Monday, March 11, 2013)]
[Proposed Rules]
[Pages 15335-15337]
[FR Doc No: 2013-05563]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0208; Directorate Identifier 2012-NM-204-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and A321 series airplanes. This proposed
AD was prompted by a determination that certain maintenance activities,
such as repairs or the accumulation of paint layers, might cause the
weight of an elevator to exceed the certified limits. This proposed AD
would require checking the weight of certain elevators, and corrective
action if necessary; and re-identifying the elevators. We are proposing
this AD to detect and correct elevators that exceed the certified
weight limits, which could result in reduced control of the airplane.

DATES: We must receive comments on this proposed AD by April 25, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0208;
Directorate Identifier 2012-NM-204-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2012-0221, dated October 23, 2012 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    It has been identified that maintenance activities, such as
repairs or the accumulation of paint layers, may cause the weight of
an elevator to exceed the certified limits.
    This condition, if not detected and corrected, could result in
reduced control of the aeroplane.
    For the reasons described above, this [EASA] AD requires a
onetime weight check of both left-hand (LH) and right-hand (RH)
elevators, accomplishment of corrective actions, as applicable,
depending on findings, and re-identification of the elevators.
    The monitoring of elevator weight evolution after having
complied with this [EASA] AD is ensured by Airbus A318/A319/A320/
A321 ALS Part 2 CDCCL (Critical Design Configuration Control
Limitations), compliance with which is currently required by EASA AD
2010-0071R1 [which corresponds to FAA AD 2011-14-06, Amendment 39-
16741 (76 FR 42024, July 18, 2011)].

Corrective action includes removing the paint from the elevator surface
and repainting, or replacing the elevator with a serviceable elevator
if the weight estimate is over the certified weight limit; and
repairing the elevator. You may obtain further information by examining
the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletin A320-55-1034, including
Appendices 1 and 2, dated August 19, 2011; and Service Bulletin A320-
55-1042, Revision 01, dated June 29, 2012. The actions described in
this service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another

country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This Proposed AD and the MCAI or Service
Information

    Although Airbus Service Bulletin A320-55-1034, including Appendices
1 and 2, dated August 19, 2011, and the MCAI specify to contact the
manufacturer for instructions to repair certain conditions, this
proposed AD would require repairing those conditions using a method
approved by either the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA; or the EASA (or its delegated
agent).

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 755 products of U.S. registry. We also estimate that
it would take about 45 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $2,887,875, or $3,825 per product.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. 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.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2013-0208; Directorate Identifier 2012-NM-
204-AD.

(a) Comments Due Date

    We must receive comments by April 25, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Airbus airplanes listed in paragraphs
(c)(1) through (c)(4) of this AD, certificated in any category, all
serial numbers.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, and -133
airplanes.
    (3) Model A320-111, -211, -212, -214, -231, -232, and -233
airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, and -232
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by a determination that certain maintenance
activities, such as repairs or the accumulation of paint layers,
might cause the weight of an elevator to exceed the certified
limits. We are issuing this AD to detect and correct elevators that
exceed certified weight limits, which could result in reduced
control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Weight Check

    At the applicable time specified in paragraph (h)(1) or (h)(2)
of this AD: Do a weight check on the elevators identified in table 1
to paragraph (g) of this AD. Do the weight check in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A320-55-
1034, including Appendices 1 and 2, dated August 19, 2011, except as
specified in paragraphs (g)(1), (g)(2), and (g)(3) of this AD.

       Table 1 to Paragraph (g) of This AD--Affected Part Numbers
------------------------------------------------------------------------
               Part name                    P/N (first 12 digits only)
------------------------------------------------------------------------
Left Hand Elevator.....................  D55280001000
Left Hand Elevator.....................  D55280001002
Left Hand Elevator.....................  D55280001004
Left Hand Elevator.....................  D55280001008
Left Hand Elevator.....................  D55280001010
Left Hand Elevator.....................  D55280001012
Left Hand Elevator.....................  D55280002000
Right Hand Elevator....................  D55280001001
Right Hand Elevator....................  D55280001003
Right Hand Elevator....................  D55280001005
Right Hand Elevator....................  D55280001009
Right Hand Elevator....................  D55280001011
Right Hand Elevator....................  D55280001013
Right Hand Elevator....................  D55280002001
------------------------------------------------------------------------

     (1) A review of the airplane maintenance records is acceptable
in lieu of the weight check required by paragraph (g) of this AD,
provided the elevator weight can be conclusively determined from
that review.
    (2) The use of elevator weight data from production, as
specified in Airbus Service Bulletin A320-55-1034, including
Appendices 1 and 2, dated August 19, 2011, is acceptable in lieu of
the weight check required by paragraph (g) of this AD, provided that
the affected elevator has not been subjected to any maintenance
action that could have modified the weight.
    (3) Airplanes on which Airbus modification 150390 has been
embodied in production are not required to do the actions specified
in paragraph (g) of this AD,

provided that no elevator having a part number (P/N) specified in
table 1 to paragraph (g) of this AD has been installed on that
airplane since the airplane's first flight.

(h) Compliance Time for the Actions Specified in Paragraph (g) of This
AD

    (1) For an elevator for which, as of the effective date of this
AD, the records show that no maintenance actions have been performed
since first installation of the elevator on an airplane, which might
have increased its weight: Within 72 months after the effective date
of this AD.
    (2) For elevators other that those identified in paragraph
(h)(1) of this AD: Within 48 months after the effective date of this
AD.

(i) Corrective Actions

    If the elevator weight, determined as required by paragraph (g)
of this AD, exceeds the weight limit specified in the Accomplishment
Instructions of Airbus Service Bulletin A320-55-1034, including
Appendices 1 and 2, dated August 19, 2011: Before further flight, do
the applicable corrective actions followed by a new weight check of
the elevator, in accordance with the Accomplishment Instructions of
Airbus Service Bulletin A320-55-1034, including Appendices 1 and 2,
dated August 19, 2011. If the elevator weight, determined as
required by the new weight check, exceeds the weight limit specified
in the Accomplishment Instructions of Airbus Service Bulletin A320-
55-1034, including Appendices 1 and 2, dated August 19, 2011: Before
further flight, repair the elevator using a method approved by
either the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA; or the European Aviation Safety Agency
(EASA) (or its delegated agent).

(j) Elevator Re-Identification

    If the elevator weight, determined by the weight check specified
in paragraph (g) or (i) of this AD, does not exceed the weight limit
specified in the Accomplishment Instructions of Airbus Service
Bulletin A320-55-1034, including Appendices 1 and 2, dated August
19, 2011: Within 72 months after the effective date of this AD,
record the elevator weight and re-identify the elevator, in
accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-55-1042, Revision 01, dated June 29, 2012.

(k) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(j) of this AD, if those actions were performed before the effective
date of this AD using Airbus Service Bulletin A320-55-1042, dated
August 19, 2011, which is not incorporated by reference in this AD.

(l) Parts Installation Limitation

    As of the effective date of this AD, no person may install on
any airplane an elevator with a part number listed in table 1 to
paragraph (g) of this AD, unless that elevator is in compliance with
the requirements of this AD.

(m) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. Information may
be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2012-0221, dated October 23,
2012, and the Airbus service information specified in paragraphs
(n)(1)(i) and (n)(1)(ii) of this AD; for related information.
    (i) Airbus Service Bulletin A320-55-1034, including Appendices 1
and 2, dated August 19, 2011.
    (ii) Airbus Service Bulletin A320-55-1042, Revision 01, dated
June 29, 2012.
    (2) For service information identified in this AD, contact
Airbus, Airworthiness Office--EIAS, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5
61 93 44 51; email<EMAIL_ADDRESS>Internet http://www.airbus.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on March 1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-05563 Filed 3-8-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Rules and Regulations]
[Page 16983]
[FR Doc No: 2022-06296]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0988; Airspace Docket No. 21-ANE-8]
RIN 2120-AA66

Establishment of Class E Airspace; Falmouth, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: The Federal Aviation Administration (FAA) is correcting a
final rule that appeared in the Federal Register on March 4, 2022,
establishing Class E airspace for Falmouth Airpark, Falmouth, MA. This
action corrects the legal description of the Class E airspace by
correcting a typographical error in the geographic coordinates.

DATES: Effective 0901 UTC, May 19, 2022. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a final rule in the Federal Register (87 FR
12393; March 4, 2022) for Docket FAA-2021-0988 establishing Class E
airspace extending upward from 700 feet above the surface for Falmouth
Airpark, Falmouth, MA. Subsequent to publication, the FAA identified a
typographical error in the geographic coordinates listed in the airport
description. This action corrects this error.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the FAA Order JO 7400.11.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me,
establishment of the Class E Airspace; Falmouth, MA, published in the
Federal Register of March 4, 2022 (87 FR 12393), FR Doc. 2022-04544, is
corrected as follows:

Sec.  71.1   [Corrected]

0
1. On page 12394, in the first column, line 27, the geographic
coordinates are corrected to read as follows: (Lat. 41[deg]35'08'' N,
long. 70[deg]32'25'' W.)

    Issued in College Park, Georgia, on March 21, 2022.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2022-06296 Filed 3-24-22; 8:45 am]
BILLING CODE 4910-13-P