19420 Federal Register / Vol. 79, No. 67 / Tuesday, April 8, 2014 / Proposed Rules

DEPARTMENT OF HOMELAND docket, call Barbara Hairston, Program stamped, self-addressed postcard or SECURITY Manager, Docket Operations, telephone envelope. 202–366–9826. We will consider all comments and Coast Guard SUPPLEMENTARY INFORMATION: material received during the comment period and may change this proposed 46 CFR Part 69 Table of Contents for Preamble rule based on your comments. [Docket No. USCG–2011–0522] I. Public Participation and Request for B. Viewing Comments and Documents Comments RIN 1625–AB74 A. Submitting Comments To view comments, as well as B. Viewing Comments and Documents documents mentioned in this preamble Tonnage Regulations Amendments C. Privacy Act as being available in the docket, go to D. Public Meeting http://www.regulations.gov and insert AGENCY: Coast Guard, DHS. II. Abbreviations ‘‘USCG–2011–0522’’ in the ‘‘Search’’ ACTION: Notice of proposed rulemaking. III. Background box. Click ‘‘Search.’’ Click the ‘‘Open IV. Discussion of Proposed Rule Docket Folder’’ in the ‘‘Actions’’ SUMMARY: The Coast Guard proposes to V. Regulatory Analyses column. If you do not have access to the amend its tonnage regulations by A. Regulatory Planning and Review implementing amendments to the B. Small Entities Internet, you may view the docket tonnage measurement law made by the C. Assistance for Small Entities online by visiting the Docket Coast Guard Authorization Act of 2010. D. Collection of Information Management Facility in Room W12–140 This rulemaking would also codify E. Federalism on the ground floor of the Department principal technical interpretations F. Unfunded Mandates Reform Act of Transportation West Building, 1200 G. Taking of Private Property issued by the Coast Guard, and New Jersey Avenue SE., Washington, H. Civil Justice Reform DC 20590, between 9 a.m. and 5 p.m., incorporate administrative, non- I. Protection of Children substantive clarifications of and updates Monday through Friday, except Federal J. Indian Tribal Governments holidays. We have an agreement with to the tonnage regulations. The Coast K. Energy Effects Guard believes these changes will lead L. Technical Standards the Department of Transportation to use to a better understanding of regulatory M. Environment the Docket Management Facility. requirements. I. Public Participation and Request for C. Privacy Act DATES: Comments and related material Comments Anyone can search the electronic must either be submitted to our online We encourage you to participate in form of comments received into any of docket via http://www.regulations.gov our dockets by the name of the on or before July 7, 2014 or reach the this rulemaking by submitting comments and related materials. All individual submitting the comment (or Docket Management Facility by that signing the comment, if submitted on date. comments received will be posted without change to http:// behalf of an association, business, labor ADDRESSES: You may submit comments www.regulations.gov and will include union, etc.). You may review a Privacy identified by docket number USCG– any personal information you have Act notice regarding our public dockets 2011–0522 using any one of the provided. in the January 17, 2008, issue of the following methods: Federal Register (73 FR 3316). A. Submitting Comments (1) Federal eRulemaking Portal: D. Public Meeting http://www.regulations.gov. If you submit a comment, please (2) Fax: 202–493–2251. We plan to hold one public meeting include the docket number for this on this NPRM. We will publish a notice (3) Mail: Docket Management Facility rulemaking (USCG–2011–0522), (M–30), U.S. Department of with the specific date and location of indicate the specific section of this the meeting in the Federal Register as Transportation, West Building Ground document to which each comment Floor, Room W12–140, 1200 New Jersey soon as we know this information. applies, and provide a reason for each Individuals interested in receiving this Avenue SE., Washington, DC 20590– suggestion or recommendation. You 0001. notice personally should submit their may submit your comments and contact information to ‘‘[email protected]’’ (4) Hand delivery: Same as mail material online or by fax, mail, or hand address above, between 9 a.m. and 5 with ‘‘Tonnage Public Meeting’’ in the delivery, but please use only one of subject line. We plan to record this p.m., Monday through Friday, except these means. We recommend that you Federal holidays. The telephone number meeting using an audio-digital recorder include your name and a mailing and make that audio recording available is 202–366–9329. address, an email address, or a phone To avoid duplication, please use only through a link in our online docket. We number in the body of your document will also provide a written summary of one of these four methods. See the so that we can contact you if we have ‘‘Public Participation and Request for the meeting and comments and will questions regarding your submission. place that summary in the docket. Comments’’ portion of the To submit your comment online, go to SUPPLEMENTARY INFORMATION section For information on facilities or http://www.regulations.gov and insert services for individuals with disabilities below for instructions on submitting ‘‘USCG–2011–0522’’ in the ‘‘Search’’ comments. or to request special assistance at the box. Click on ‘‘Submit a Comment’’ in public meeting, contact Mr. Marcus FOR FURTHER INFORMATION CONTACT: If the ‘‘Actions’’ column. If you submit Akins at the telephone number or email you have questions on this proposed your comments by mail or hand address indicated under the FOR rule, call or email Mr. Marcus Akins, delivery, submit them in an unbound FURTHER INFORMATION CONTACT section of Marine Safety Center, Tonnage Division format, no larger than 81⁄2 by 11 inches, this notice. (MSC–4), Coast Guard; telephone (703) suitable for copying and electronic 872–6787, email Marcus.J.Akins@ filing. If you submit comments by mail II. Abbreviations uscg.mil. If you have questions on and would like to know that they BLS Bureau of Labor Statistics viewing or submitting material to the reached the Facility, please enclose a CFR Code of Federal Regulations

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FR Federal Register presents some unique challenges, other administrative updates to the GRT Gross Register Tons especially with regard to interpreting tonnage regulations. In identifying GT ITC Gross Tonnage Measurement under requirements on vessel eligibility for interpretations for codification, we took the Convention Measurement System measurement under these systems, and into consideration the frequency of their IMO International Maritime Organization ITC (1969) International Tonnage Certificate applying domestic and international use, and potential impact on vessel (1969) tonnage-based laws, particularly in designs or operations. We also balanced MSC Marine Safety Center situations where two sets of tonnages the benefit of increased clarity against MSSC Marine Safety and Security Council may be assigned to a vessel. To provide the loss of flexibility to further develop MTN Marine Safety Center Technical Note clarity and address the complexities of and apply interpretations of a secondary NAICS North American Industry tonnage applicability requirements nature to evolving ship designs, and to Classification System under the 1986 amended law, in 1993 apply superseded interpretations in NEPA National Environmental Policy Act we issued Navigation and Vessel 1969 (42 U.S.C. 432–4370f) special circumstances under the NPRM Notice of Proposed Rulemaking Inspection Circular (NVIC) 11–93, grandfathering provisions of MTN 01– NT ITC Net tonnage under the Convention ‘‘Application of Tonnage Measurement 99, as amended. We expect the public Measurement System Systems to U.S. Flag Vessels.’’ This to benefit from the proposed rule NVIC Navigation and Vessel Inspection NVIC has been updated three times and through increased visibility of principal Circular provides current Coast Guard policy interpretations applied during § Section symbol interpretations related to vessel tonnage measurement. We also expect U.S.C. United States Code eligibility for measurement under the the public to benefit from the III. Background various systems, and how the assigned elimination of inconsistencies and tonnages may be used. incorporation of clarifications or The tonnage measurement law, Additionally, to keep pace with codified in Title 46, United States Code, updates that are either consistent with rapidly evolving vessel designs, in 1999 longstanding Coast Guard policy or Subtitle II, Part J, ‘‘Measurement of the Coast Guard issued an additional Vessels,’’ provides for assignment of reflective of current Coast Guard tonnage interpretative policy document: practice. gross and net tonnages to any vessel to Marine Safety Center Technical Note which a law of the United States applies (MTN) 01–99, ‘‘Tonnage Technical IV. Discussion of Proposed Rule based on the vessel’s tonnage. These Policy.’’ That document provides In the paragraphs below, we discuss parameters reflect a vessel’s size and interpretations of the detailed rules of the specific proposed amendments to useful capacity, respectively, and are the tonnage regulations for measuring the tonnage regulations, along with the used for a variety of purposes, including vessels and calculating tonnages, and reasons for implementing them. We the application of vessel safety, security, was intended primarily for use by organized the discussion according to and environmental regulations, and the organizations that perform tonnage the subpart and section number in assessment of taxes and fees. measurement work on our behalf. which each change would appear in the Depending on the vessel’s size, However, recognizing the importance of text of 46 CFR part 69. Additional voyage type, and other considerations, these interpretations to vessel designers, information about the need for and vessels are measured under the newer builders, owners, and others interested impact of these proposed amendments internationally-based Convention in the tonnage rules, we notified the is provided in Section V.A., ‘‘Regulatory Measurement System, or the older public via the Federal Register when we Planning and Review,’’ of this domestic Regulatory Measurement updated MTN 01–99, starting with rulemaking. System, of which there are three sub- Change 6 (68 FR 71118 dated December systems: The Standard, Dual, and 22, 2003). Subpart A—General Simplified systems. Because variations The Coast Guard Authorization Act of § 69.1 Purpose. between the two overarching systems 2010 (Pub. L. 111–281, Title III, § 303, may yield substantively different Oct. 15, 2010, 124 Stat. 2924) (the 2010 We propose amending this section to tonnages, the law, as amended in 1986, Coast Guard Authorization Act) align it with Sections 303(c) and (f) of provides for owners of vessels measured included amendments which updated, the 2010 Coast Guard Authorization under the Convention Measurement clarified, and eliminated inconsistencies Act, which eliminates disparate System to be additionally measured in the tonnage measurement law, and treatment of documented and under the Regulatory Measurement precluded the owners of certain foreign undocumented U.S. flag vessels, and to System, and to use Regulatory flag vessels that engage solely on U.S. reflect the use of tonnage for Measurement System tonnage when domestic voyages from obtaining a environmental and security purposes. In applying certain tonnage-based future measurement under the addition, we propose relocating the requirements of older laws. Regulatory Measurement System. Those descriptions of each measurement The Coast Guard administers the amendments require related changes to system to the corresponding definitions implementing regulations for the the tonnage regulations. In addition, in § 69.9. tonnage measurement law, which are although NVIC 11–93 and MTN 01–99, § 69.3 Applicability. found in Title 46, Code of Federal as amended, have proven useful in Regulations, Part 69, ‘‘Measurement of supplementing the requirements of the We propose amending this section to Vessels’’, and referred to as the tonnage tonnage regulations, we consider that align it with the tonnage measurement regulations. Other than several changes some of the associated interpretations law, Title 46 U.S.C. 14104, which of an administrative nature, the Coast are better suited for codification, and are requires the measurement of all U.S. Guard has not amended these appropriate for inclusion in the tonnage and foreign flag vessels, regardless of regulations since an extensive rewrite in regulations. size, for which the application of an 1989 to reflect changes made by the We developed the proposed rule to international agreement or other law of 1986 amendments to the tonnage implement the 2010 amendments to the the United States depends on the measurement law. tonnage measurement law, codify vessel’s tonnage. This proposed change Assignment and use of tonnage under principal policy interpretations, and expands the scope of the regulations to four different measurement systems incorporate additional clarifications and apply to foreign flag vessels, as well as

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U.S. flag vessels, and removes a 5 net the tonnage regulations as they existed observed when vessels are measured, ton minimum size restriction for prior to 1989. We propose defining the consistent with existing written measurement of U.S. flag vessels. new term ‘‘authorized measurement agreements between the measurement organization’’ based on its usage in § 69.5 Vessels required or eligible to be organizations and the Coast Guard and § 69.15. We propose defining the new measured. requirements of MTN 01–99, ‘‘Tonnage term ‘‘tonnage threshold’’ based on Technical Policy,’’ and MTN 01–98, We propose deleting this section, as common industry usage. ‘‘Tonnage Administrative Policy,’’ as the proposed changes to § 69.3 address We propose revising the definitions of amended. We also propose amendments which vessels are required or are the terms ‘‘Convention Measurement to identify that Coast Guard eligible to be measured. System,’’ ‘‘Dual Measurement System,’’ interpretations are published by, and § 69.7 Vessels transiting the Panama ‘‘Simplified Measurement System,’’ and may be obtained from, the Coast Guard and Suez Canals. ‘‘Standard Measurement System’’ to Marine Safety Center, in order to provide a more detailed description of We propose amending this section to facilitate access to interpretive each system, and to include the word documents such as MTN 01–98 and 01– delete the requirement that vessels ‘‘Regulatory’’ for clarity. We propose transiting the Panama Canal be 99, as amended. Additionally, we revising the definition of propose amendments that would allow measured under the Panama Canal ‘‘Commandant’’ to update the mailing tonnage measurement regulations grandfathering of superseded tonnage address for the Marine Safety Center. measurement rules under this part. formerly located in 35 CFR part 135. We propose revising the definition of Due to the transfer of the Panama Canal These amendments are based on similar the term ‘‘National Vessel grandfathering provisions for to the Republic of Panama, the United Documentation Center’’ to remove interpretations of the tonnage States government no longer has unnecessary reference to the measurement rules in MTN 01–99, as responsibility for Panama Canal tonnage organization’s address. We propose amended, except that grandfathering is assignments. We also propose deletion revising the definition of the term not extended to an identical sister of the requirement that vessels be ‘‘overall length’’ to include reference to measured under specific Suez Canal the vessel’s hull, consistent with the vessel, consistent with grandfathering measurement rules, and all other length definition of 46 U.S.C. 14522 and approaches used in applying other references to these rules, as they are corresponding definitions in MTN 01– marine safety regulations. The similarly not the responsibility of the 99, as amended. We propose revising grandfathering provisions take into United States government and are the definition of the term ‘‘tonnage’’ to account the effective date of the subject to change by the Arab Republic provide a more comprehensive and regulation and the contract date for of Egypt. Our proposed new language accurate description of this volumetric construction of, or modification to, the alerts vessel owners to potential special parameter. vessel. These provisions allow for tonnage certificate requirements when We propose changing the term ‘‘vessel grandfathering of previous transiting the Panama and Suez Canals engaged on a foreign voyage’’ to ‘‘vessel interpretations only if the codified and states that measurement that engages on a foreign voyage’’ conditions for grandfathering are met. organizations authorized by the consistent with language established by § 69.15 Authorized measurement respective canal authorities may issue Section 303(c) of the 2010 Coast Guard organizations. these special tonnage certificates. Authorization Act. We propose deleting § 69.9 Definitions. the definitions for ‘‘gross tonnage’’ and We propose amending this section for ‘‘net tonnage’’ and relocating relevant consistency with the proposed changes We propose amending this section to information to the definition of in § 69.11, which would establish new reflect new terms and concepts ‘‘tonnage’’ to help avoid confusion over nomenclature for each measurement introduced in this rule, and to clarify the use of these terms in the context of system. Additionally, we propose existing definitions. tonnage assignments under the changes to this section to establish We propose defining the new terms Convention Measurement System. consistent terminology regarding the ‘‘deck cargo,’’ ‘‘gross register tonnage,’’ Coast Guard measurement of vessels of ‘‘gross tonnage ITC,’’ ‘‘net register tons,’’ § 69.11 Determining the measurement war and vessels of any type being ‘‘non-self-propelled vessel,’’ system or systems for a particular measured under the Simplified ‘‘Regulatory Measurement System,’’ vessel. Regulatory Measurement System. We ‘‘remeasurement,’’ and ‘‘self-propelled We propose amending this section to also propose changes to delete reference vessel’’ based on definitions for similar align with Sections 303(c) and (f) of the to obtaining application forms from the terms in NVIC 11–93, as amended. We 2010 Coast Guard Authorization Act. propose defining the new term National Vessel Documentation Center, These amendments provide for identical consistent with the proposed changes in ‘‘portable enclosed space’’ based on the tonnage measurement treatment of definition of the term ‘‘temporary deck § 69.205 regarding measurement of documented and undocumented U.S. undocumented vessels. equipment’’ in the NVIC, but renaming flag vessels and preclude foreign flag it for consistency with common vessels greater than 79 feet in length § 69.17 Application for measurement industry usage. We propose defining the from being measured under the services. new term ‘‘U.S. flag vessel,’’ which Regulatory Measurement System. This replaces the term ‘‘vessel of United proposed change is not retroactive. We We propose amending this section to States registry or nationality or operated also propose relocating the language state specifically that a vessel owner is under the authority of the United addressing how tonnage thresholds are responsible for applying for vessel States’’ that is used in the tonnage applied to the newly proposed § 69.20. measurement or remeasurement. We measurement law, and referencing ‘‘U.S. also propose omitting reference to boiler flag vessel’’ in the definition for the new § 69.13 Applying the provisions of a installation as indicative of the stage of term ‘‘foreign flag vessel.’’ We propose measurement system. vessel construction, because of the defining the new term ‘‘register ton’’ We propose amending this section to decreasing use of steam as a means of based on the definition of this term in require Coast Guard interpretations be propulsion.

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§ 69.19 Remeasurement and law as amended in 1986 for acceptance § 69.69 Tonnage Certificates. adjustment of tonnage. of tonnage assignments for foreign flag We propose expanding the text of this We propose amending this section to vessels measured under laws similar to section to more completely reflect the clarify that remeasurement may be those in 46 U.S.C. 14306. requirements of the Convention. optionally performed to reflect the latest Subpart B—Convention Measurement Specifically, we propose adding measurement rules, or may be required System language to preclude a vessel as a result of a change in the use of undergoing an alteration resulting in a spaces or vessel service, for example, as § 69.53 Definitions. decrease in net tonnage as measured might occur if a water ballast We propose defining the new term under the Convention from being justification approval was in effect ‘‘boundary bulkhead’’ based on the reissued a new International Tonnage under § 69.117(f)(4). This latter definition in MTN 01–99, as amended. Certificate (ITC (1969)) reflecting the requirement is consistent with current We also propose deletion of the terms lower net tonnage within 12 months practice as guided by NVIC 11–93 CH– ‘‘gross tonnage’’ and ‘‘net tonnage’’ from following the date of the original 2, MTN 01–98 CH 3 and MTN 01–98 CH this section for the reasons described in measurement and allowing a 3-month 9. In addition, we propose a change to the discussion of the proposed grace period after flag transfer. We also delete an outdated and unnecessary amendments to § 69.9. propose expanding the text to reflect reference to the documentation tonnage certificate practices established regulations. § 69.55 Application for measurement services. in MTN 01–98, as amended, and Section § 69.20 Applying tonnage thresholds. 303(e) of the 2010 Coast Guard We propose amending this section to Authorization Act. Specifically, we We propose adding this new section specify ‘‘delivery date’’ instead of the propose to add language requiring the to provide comprehensive requirements less-specific ‘‘build date.’’ measurement organization to issue a within the tonnage measurement § 69.57 Gross tonnage ITC. U.S. Tonnage Certificate as evidence of regulations on how tonnage thresholds measurement under the Convention in international agreements and Federal We propose to amend this section to Measurement System if an ITC (1969) is statutes and regulations are to be reflect new terminology proposed in not issued, and clarifying that the ITC applied, including alternate tonnage § 69.9, which describes tonnage (1969) is delivered to the owner or thresholds. These requirements are measured under the Convention as gross master of the vessel. based on provisions of the tonnage tonnage ITC (GT ITC). measurement law and the Convention, § 69.71 Change of net tonnage. § 69.59 Enclosed spaces. and are consistent with the We propose replacing ‘‘Coast Guard’’ We propose to amend this section to interpretations of NVIC 11–93, as with ‘‘Commandant’’ to identify the incorporate the concept of temporary amended. We intend for this section, specific Coast Guard office which deck equipment—now generalized to along with accompanying definitions determines the magnitude of an ‘‘portable enclosed space’’—found in proposed for § 69.9, to help provide a alteration of a major character. suitable framework for development of NVIC 11–93, as amended, which states future tonnage-based regulations, that ‘‘any enclosed space of a semi- § 69.73 Treatment of unique or allowing tonnage thresholds to be permanent nature located on the otherwise novel type vessels. specified in an unambiguous manner. weather decks of a vessel and which We propose revising the title of this cannot be considered as deck cargo’’ § 69.25 Penalties. section to make it explicit that it should be considered enclosed volume addresses ‘‘novel’’ vessel types, and to We propose amending this section to to be included in tonnage. clarify that submission of plans and reflect implementation of the Federal sketches is not required in all cases. Civil Penalties Inflation Adjustment § 69.61 Excluded spaces. Act, as amended, which increased the We propose incorporating § 69.75 Figures. civil penalty amounts for a general interpretations from MTN 01–99, as We propose updating the existing violation and a false statement to amended, providing for treatment of a figures to resolve minor labeling $30,000 (74 FR 68150 dated December qualifying space ‘‘open to the sea’’ and inconsistencies, and for visual clarity. 23, 2009). below the upper deck as an excluded space. Subpart C—Standard Regulatory § 69.27 Delegation of authority to Measurement System measure vessels. § 69.63 Net tonnage ITC. We propose amending this section to We propose revising this section to § 69.101 Purpose. delete an outdated reference to 49 CFR reflect new terminology proposed in We propose amending this section to 1.46 and to make this section consistent § 69.9, which describes tonnage reflect the newly proposed title of with the measurement system measured under the Convention as GT Subpart C. ITC and net tonnage ITC (NT ITC). nomenclature established in § 69.11. § 69.103 Definitions. § 69.28 Acceptance of measurement by § 69.65 Calculation of volumes. We propose amending this section to a foreign country. We propose revising this section to reflect new terms and concepts We propose adding this new section delete the reference to specific volume introduced in Subpart C of this rule. to implement the provisions of Section calculation methods, including We propose adding ‘‘line of the 303(i) of the 2010 Coast Guard Simpson’s first rule of integration, normal frames’’ to describe the Authorization Act for accepting tonnage because these methods can yield imaginary horizontal line that connects assignments for foreign flag vessels inaccurate results if misapplied. Also, the inboard faces of the smallest normal measured under laws and regulations we propose revising this section to frames. We propose adding ‘‘tonnage similar to those in 46 U.S.C. 14501. This delete the discussion regarding cargo station’’ to describe the longitudinal section would also incorporate the space insulation as this is addressed location of each transverse section provisions of the tonnage measurement elsewhere in Subpart B. corresponding to where depth and

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breadth measurements are taken. We propose adding language to reflect that headblock extends inboard past the face propose adding ‘‘zone of influence the U.S. Tonnage Certificate issued of the end side frames or when the method’’ to describe a method of under § 69.15(d) indicates measurement headblock plates are excessive in length, determining volumes of under-deck for both the Convention and Regulatory the tonnage length terminates at the spaces. We propose amending the terms Measurement Systems, as applicable, extreme end of the vessel less a distance ‘‘gross tonnage’’ and ‘‘net tonnage’’ to and need not be carried aboard, equal to the thickness of an ordinary read ‘‘gross register tonnage’’ and ‘‘net consistent with Section 303(e) of the side frame and shell plating.’’ in register tonnage’’ to reflect newly 2010 Coast Guard Authorization Act paragraph (f)(2). This sentence becomes proposed terminology in § 69.9 (‘‘gross and MTN 01–98, as amended. unnecessary as the proposed changes to register tonnage’’ and ‘‘net register § 69.108 Uppermost complete deck. paragraphs (f)(1) and (2) require that tonnage’’) used to describe tonnages ordinary frames determine the tonnage determined under the Standard system. We propose this new section to length and not the headblock. We We propose amending the term incorporate comprehensive propose to further revise the tonnage ‘‘superstructure’’ to reflect the newly requirements related to the ‘‘uppermost length language of paragraph (f) by proposed term ‘‘portable enclosed complete deck’’ as interpreted by MTN adding paragraph (f)(4), which provides spaces.’’ We propose amending the term 01–99, as amended. We propose to for a maximum reduction in tonnage ‘‘uppermost complete deck’’ to reflect restrict the uppermost deck from length of 81⁄2 feet from the inboard that specific requirements have been extending above any space exempted as surface of the skin of the hull at the bow established in the newly proposed open space, extending below the and stern, and requires the after § 69.108. waterline, or resting directly on terminus of the tonnage length to be aft We also propose incorporating consecutive or alternating ordinary of the rudderstock for vessels fitted with Standard system terms published in bottom frames or floors for over half of one. MTN 01–99, as amended. These terms the tonnage length. Further, we propose Division of vessel into transverse include: ‘‘line of the ordinary frames,’’ to identify deck discontinuities whose sections. With the establishment of the ‘‘normal frame,’’ ‘‘ordinary frame,’’ presence would disqualify a deck as proposed term ‘‘tonnage station,’’ we ‘‘tonnage interval,’’ and ‘‘water ballast being the uppermost complete deck, propose amending § 69.109(g)(2) to double bottom.’’ We propose adding such as certain through-deck openings, reflect that the vessel should be divided ‘‘line of the ordinary frames’’ to describe middle line openings, deck recesses, into sequentially numbered ‘‘tonnage the line of intersection of: 1) The and notches. stations’’ beginning at the stem. imaginary surface running § 69.109 Under-deck tonnage. Depths of transverse sections. We longitudinally that is tangent to the propose amending § 69.109(h) by inboard faces of the ordinary frames (or We propose revising the text of this replacing the terms ‘‘double bottom’’ the inside of the vessel’s skin, if there section to incorporate the following and ‘‘cellular double bottom’’ with are no ordinary frames); and 2) the clarifications and principal ‘‘water ballast double bottom’’ to reflect imaginary plane running transversely interpretations of MTN 01–99, as that depths of transverse sections are through the vessel at the tonnage station amended. measured to only those double bottoms of interest. We propose adding ‘‘normal Identifying the tonnage deck. We used solely for ballast. frame’’ to describe a frame, regardless of propose describing the decks in Breadths of transverse sections. We size, used to stiffen a structure, § 69.109(c) as ‘‘enumerated’’ decks to propose amending § 69.109(i) by ‘‘ordinary frame’’ to describe the clarify that a disqualified deck cannot replacing the terms ‘‘double bottom’’ primary frames used for strengthening be considered when determining the and ‘‘cellular double bottom’’ with the hull, and ‘‘tonnage interval’’ to tonnage deck. ‘‘water ballast double bottom’’ to reflect describe the longitudinal distance Enumerating the decks to identify the that depths of transverse sections are between transverse sections of a vessel’s second deck from the keel. We propose measured only to those double bottoms under-deck or superstructure when revising § 69.109(d) to clarify how used solely for ballast. divided into an even number of equal enumerated decks are determined using parts for purposes of volume the term ‘‘uppermost complete deck’’ as Steps in double bottom. We propose integration. We propose adding ‘‘water proposed in this rulemaking. Our intent amending § 69.109(m) by replacing the ballast double bottom’’ to describe a with this revision is to provide details term ‘‘double bottom’’ with ‘‘water space at the bottom of a vessel between on specific deck discontinuities that ballast double bottom’’ to reflect that the inner and outer bottom plating that may disqualify a deck from being measurement in parts only applies only is used solely for water ballast. enumerated. to those vessels fitted with double Identifying the line of the tonnage bottoms used solely for ballast. § 69.105 Application for measurement deck. We propose amending Spaces open to the sea. We propose services. § 69.109(e)(2) to delete the phrase ‘‘at revising § 69.109(n) to delete the We propose amending this section to different levels from stem to stern’’ and existing language regarding outside be consistent with the proposed replace it with ‘‘is stepped’’ to utilize a shaft tunnel exclusions and to insert amendments to § 69.55, which specify more commonly used term for a deck new language regarding spaces open to ‘‘delivery date’’ instead of the less with multiple heights. We also propose the sea. We propose deleting language specific ‘‘build date.’’ amending § 69.109(e)(2) to institute on outside shaft tunnel exclusions minimum breadth and length criteria for because outside shaft tunnels are no § 69.107 Gross and net register steps used in establishing the line of the longer commonly used in vessel tonnages. tonnage deck. construction, and because the approach We propose revising the text of this Tonnage length. We propose of subtracting out external volumes section to reflect newly proposed modifying § 69.109(f)(1) and (2) to yields inconsistent results depending on terminology in § 69.9 (‘‘gross register reflect that the frames evaluated in the depths of associated ordinary tonnage’’ and ‘‘net register tonnage’’) determining the tonnage length should frames. We propose the new language used to describe tonnages determined be the ‘‘ordinary frames.’’ Also, we on spaces open to the sea to provide under the Standard system. We also propose deleting the sentence ‘‘When a direction on the measurement treatment

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of any under-deck space that has been used to describe tonnages determined We propose revising § 69.117(d)(7) to determined to be open to the sea. under the Standard system. insert the phrase ‘‘notwithstanding the Open vessels. We propose amending Additionally, we propose revising the opening size requirements of paragraph § 69.109(o) to incorporate the term text of this section to incorporate the (d)(2) of this section’’ in the beginning ‘‘uppermost complete deck.’’ Our intent following principal interpretations of of the first sentence. Our intent with here is to simplify the definition of an MTN 01–99, as amended. this revision is to emphasize that an open vessel with the use of this term. Passenger space. We propose opening considered open to the weather General requirements on ordinary amending the definition of passenger under § 69.117(d)(7) need not also meet frames. We propose adding § 69.109(p) space to preclude passenger support the size requirements of § 69.117(d)(2). to provide requirements on the spaces and spaces used by both To incorporate the concept of opposite measurement treatment of ordinary passengers and crew from being side openings, we propose adding frames in the under-deck, including exempted as a passenger space. § 69.117(d)(8). This concept is intended construction, frame spacing, different Moreover, the proposed amendments to allow structures to be considered sized frames, frame openings, and include the minimum height above the open if both sides have openings that asymmetrical framing. The use of deep uppermost complete deck for are not separated by a bulkhead and the ordinary frames to reduce the sectional exemptible passenger spaces. The openings meet certain size criteria. area of under-deck tonnage section, proposed amendments also remove the informally known as ‘‘deep framing,’’ prohibition of exempting a passenger Open space below a shelter deck. We has become common in vessel space as an open space when it has propose amending § 69.117(e) to reflect construction, and clarity on this matter berthing accommodations. newly proposed terminology in § 69.9 is important to ensure tonnage Open structures. We propose revising (‘‘tonnage’’ and ‘‘gross register tonnage’’) assignments consistent with the § 69.117(d) to incorporate additional used to describe tonnages determined principles of the underlying statute. requirements derived from the under the Standard system and to replace the phrase ‘‘next lower deck’’ § 69.111 Between-deck tonnage. interpretations of MTN 01–99, as amended, for the treatment of structures with the phrase ‘‘uppermost complete In § 69.111(b)(2), we propose deleting considered open to the weather. We deck’’ for clarity. In addition, to prevent the phrase ‘‘at different levels from stem propose amending § 69.117(d)(1) to closure of a middle line opening used to to stern’’ and replacing it with the more provide additional requirements for exempt space below a shelter deck, we commonly used phrase ‘‘is stepped’’ as open structure exemptions. The propose adding language precluding proposed in § 69.109. We also propose amendments address open space battening, caulking, seals, or gaskets of incorporating the interpretations of exemptions for structures, prohibiting any material from being used in MTN 01–99, as amended, to codify a the progression of open space vertically association with a middle line opening minimum size of a longitudinal step between structures, and allowing a cover. being used as the basis for establishing space outside a structure’s boundary Water ballast spaces. We propose the line of the uppermost complete bulkhead to be considered open to the deck. We propose amending § 69.111(c) amending § 69.117(f) to reflect newly weather if it is eligible to be treated as proposed terminology in § 69.9 to replace the phrase ‘‘face of the normal an excluded space under § 69.61. side frames’’ with the phrase ‘‘line of (‘‘tonnage’’ and ‘‘gross register tonnage’’) We propose amending § 69.117(d)(2) used to describe tonnages determined the normal frames’’ as proposed in to provide additional criteria for § 69.103. under the Standard system. We also bulkheads in open structures. The propose deleting § 69.117(f)(4)(iii) § 69.113 Superstructure tonnage. additional criteria include: Precluding because it is no longer necessary to use an end bulkhead from having a a form similar to Coast Guard Stability We propose revising this section to 1 incorporate the concept of temporary permanent obstruction within 2 ⁄2 feet Test Form CG–993–9 to provide the deck equipment—now generalized to of an opening, requiring it to be fitted required ballast water justification with a deck or platform that is a calculations. This form, given as an ‘‘portable enclosed space’’—as enclosed 1 volume to be included in tonnage, from minimum of 2 ⁄2 feet wide, and example in the current regulations, is no NVIC 11–93, as amended. We also requiring circulation of open space longer an active stability test form, and propose amending § 69.113(b)(1), (b)(3), between compartments via openings or current stability software programs are and (f) to clarify that measurements are series of openings to progress open capable of providing comprehensive to be taken to the newly proposed term space to two separate interior calculations in a variety of acceptable ‘‘line of the normal frames.’’ Lastly, we compartments. formats. propose amending § 69.113(a) to define We propose amending § 69.117(d)(3) to provide additional requirements for Zones of influence. We propose superstructure tonnage as the tonnage of amending § 69.117(g) to incorporate the all superstructure spaces. considering interior compartments to be open to the weather. These interpretation of MTN 01–99, as § 69.115 Excess hatchway tonnage. requirements would preclude open amended, requiring the use of the zone We propose revising § 69.115(c) to space from progressing from a space that of influence method for calculating reflect newly proposed terminology in is considered open under proposed water ballast tank volumes under § 69.9 (‘‘tonnage’’ and ‘‘gross register § 69.117(d)(1)(iii) unless the space may certain circumstances. This method tonnage’’) used to describe tonnages also be considered open to the weather corrects for the influence that a four determined under the Standard system. under another provision of § 69.117. multiplier has when applying We propose revising paragraphs (d)(5) Simpson’s first rule to geometries that § 69.117 Spaces exempt from inclusion and (d)(6) of § 69.117 to reflect that exhibit abrupt sectional area changes. in gross tonnage. cover plates must be fitted against the Applying this rule absent such a We propose revising § 69.117 for weather side of a bulkhead in order for correction may result in an exempted clarity and consistency with newly an opening that is temporarily closed by volume in a deep-framed portion of the proposed terminology in § 69.9 cover plates to be considered open to hull that exceeds the volume of the (‘‘tonnage’’ and ‘‘gross register tonnage’’) the weather. space included in tonnage.

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§ 69.119 Spaces deducted from gross § 69.161 Gross and net register register tonnage’’) used to describe register tonnage. tonnages. tonnages determined under the Dual We propose revising § 69.119 to We propose revising the text of this system. Additionally, we propose reflect newly proposed terminology in section to reflect newly proposed revising § 69.175 by incorporating § 69.9 (‘‘tonnage’’ and ‘‘net register terminology in § 69.9 (‘‘gross register language from MTN 01–99, as amended, into paragraph (a) to clarify which gross tonnage’’) used to describe tonnages tonnage’’ and ‘‘net register tonnage’’) and net tonnage should be used when determined under the Standard system. used to describe tonnages measured under the Dual system. We also propose more than one gross and one net register § 69.121 Engine Room Deduction. adding language to reflect that the U.S. tonnage is assigned, and into paragraph We propose revising § 69.121 to Tonnage Certificate issued under (c) by requiring a load line to be reflect newly proposed terminology in § 69.15(d) indicates measurement for assigned at a level below the line of the § 69.9 (‘‘gross register tonnage’’ and ‘‘net both the Convention and Regulatory second deck. register tonnage’’) used to describe Measurement Systems, as applicable, § 69.177 Markings. tonnages determined under the and need not be carried aboard, We propose revising § 69.177 to Standard system. consistent with Section 303(e) of the reflect newly proposed terminology in 2010 Coast Guard Authorization Act § 69.123 Figures. § 69.9 (‘‘gross register tonnage’’ and ‘‘net and MTN 01–98, as amended. register tonnage’’) used to describe We propose updating the existing § 69.163 Under-deck tonnage. tonnages determined under the Dual figures to resolve minor labeling system. Additionally, we propose We propose revising the text of this inconsistencies, and for visual clarity. revising paragraph § 69.177(d) to add section to delete the reference to the the MTN 01–99, as amended, exception Subpart D—Regulatory Measurement ‘‘Dual Measurement System’’, leaving which allows the line of the second System—Dual Measurement only a reference to a subpart. This deck to be marked on the side of the change is needed to avoid a conflict § 69.151 Purpose. vessel if the second deck is the actual with proposed revised terminology in We propose revising § 69.151 to freeboard deck for purposes of load line § 69.9 for the related term (‘‘Dual reflect newly proposed terminology in assignment. Regulatory Measurement System’’). § 69.9 (‘‘tonnage’’ and ‘‘net register § 69.181 Locating the line of the tonnage’’) used to describe tonnages § 69.165 Between-deck tonnage. second deck. determined under the Standard system. We propose revising the text of this We propose updating the existing § 69.153 Application of other laws. section to delete the reference to the examples for visual clarity. ‘‘Dual Measurement System’’, leaving We propose revising the text of this only a reference to a subpart. This § 69.183 Figures. section to reflect newly proposed change is needed to avoid a conflict We propose updating the existing terminology in § 69.9 (‘‘gross register with proposed revised terminology in tonnage’’) used to describe tonnages figures to resolve minor labeling § 69.9 for the related term (‘‘Dual inconsistencies, and for visual clarity. determined under the Dual system. Regulatory Measurement System’’). § 69.155 Measurement requirements. Subpart E—Simplified Regulatory § 69.167 Superstructure tonnage. Measurement System We propose revising the text of this We propose revising the text of this § 69.201 Purpose. section to delete references to the section to delete the reference to the ‘‘Standard Measurement System’’ and ‘‘Dual Measurement System’’, leaving We propose amending this section to ‘‘Dual Measurement System’’, leaving only a reference to a subpart. This reflect the newly proposed title of only references to their respective change is needed to avoid a conflict Subpart E. subparts. This change is needed to avoid with proposed revised terminology in § 69.205 Application for measurement a conflict with proposed revised § 69.9 for the related term (‘‘Dual services. terminology in § 69.9 for related terms Regulatory Measurement System’’). (‘‘Standard Regulatory Measurement We propose amending this section to System’’ and ‘‘Dual Regulatory § 69.169 Spaces exempt from inclusion address vessels measured under the Measurement System’’). in tonnage. Simplified system that are not documented as vessels of the United § 69.157 Definitions. We propose revising the text of this section to delete the word ‘‘gross’’, States. The proposed text clarifies that We propose revising § 69.157 to consistent with the proposed revised a completed application for simplified reflect newly proposed terminology in terminology in § 69.9 (‘‘tonnage’’). measurement serves as evidence of § 69.9 (‘‘tonnage’’ and ‘‘gross register measurement under the Simplified tonnage’’) used to describe tonnages § 69.173 Tonnage assignments for system. As accepted under current Coast determined under the Dual system. vessels with only one deck. Guard practice, vessel owners would We propose revising § 69.173 to not have to submit this application to § 69.159 Application for measurement the Coast Guard. For consistency with services. reflect newly proposed terminology in § 69.9 (‘‘gross register tonnage’’ and ‘‘net §§ 69.55 and 69.105, we also propose We propose revising the text of this register tonnage’’) used to describe amending this section to list the vessel section to delete the reference to the tonnages determined under the Dual information currently required to be ‘‘Standard Measurement System’’, system. provided by the owner when leaving only the reference to a specific completing the Application for section in subpart C. This change is § 69.175 Tonnage assignments for Simplified Measurement (form CG– needed to avoid a conflict with vessels with a second deck. 5397). We propose deleting reference to proposed revised terminology in § 69.9 We propose revising § 69.175 to a specific section of the Builders for the related term (‘‘Standard reflect newly proposed terminology in Certificate and First Transfer of Title Regulatory Measurement System’’). § 69.9 (‘‘gross register tonnage’’ and ‘‘net (form CG–1261). This would enable

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form CG–1261 to be changed without A. Regulatory Planning and Review in length that engages solely on U.S. causing a need to revise the tonnage Executive Orders 12866 (‘‘Regulatory domestic voyages from obtaining a regulations. Planning and Review’’) and 13563 future measurement under the Regulatory Measurement System, with § 69.207 Measurements. (‘‘Improving Regulation and Regulatory Review’’) direct agencies to assess the an exception allowed for a Canadian We propose relaxing the tolerance on costs and benefits of available regulatory flag vessel operating solely on the Great measurements consistent with current alternatives and, if regulation is Lakes. The remaining amendments practice and the instructions on the necessary, to select regulatory eliminate inconsistencies and Application for Simplified approaches that maximize net benefits incorporate clarifications or updates Measurement (form CG–5397). (including potential economic, that are either consistent with environmental, public health and safety longstanding Coast Guard policy or § 69.209 Gross and net register effects, distributive impacts, and reflective of current Coast Guard tonnages. equity). Executive Order 13563 practice. We propose revising § 69.209 to emphasizes the importance of In addition, the Coast Guard seeks to reflect newly proposed terminology in quantifying both costs and benefits, of facilitate understanding of, and § 69.9 (‘‘gross register tonnage’’ and ‘‘net reducing costs, of harmonizing rules, compliance with, existing tonnage register tonnage’’) used to describe and of promoting flexibility. This measurement regulations by codifying tonnages determined under the proposed rule is not a significant principal technical interpretations that Standard system. Additionally, we regulatory action under section 3(f) of have been issued by the Coast Guard to propose revising this section to identify Executive Order 12866, Regulatory keep pace with developments in vessel that a vessel’s Certificate of Planning and Review, as supplemented designs. These interpretations have been Documentation serves as evidence of by Executive Order 13563, Improving included in Coast Guard policy measurement under the Simplified Regulation and Regulatory Review, and documents made available to the public system, as described in NVIC 11–93, as does not require an assessment of via Coast Guard Web sites, and are used amended. potential costs and benefits under by authorized measurement section 6(a)(3) of that Order. The Office organizations that perform tonnage work § 69.211 Treatment of unique or of Management and Budget (OMB) has on the Coast Guard’s behalf. These otherwise novel type vessels. not reviewed it under that Order. codifications have been described in the Nonetheless, we developed an analysis section ‘‘Discussion of Proposed Rule’’. We propose adding this section to of the costs and benefits of the proposed To meet these objectives, the provide the public with the Coast Guard rule to ascertain its probable impacts on proposed rule would update the tonnage office to contact for questions on a industry. We consider all estimates and regulations to reflect changes mandated vessel for which the simplified analysis in this Regulatory Analysis to measurement rules may not readily be be draft and subject to change in by the 2010 Coast Guard Authorization applied. consideration of public comments. Act and codify principal interpretations from Coast Guard policy documents. V. Regulatory Analyses A draft Regulatory Assessment follows: The proposed rule would also The Coast Guard developed this rule The primary objective of the proposed incorporate clarifications of, and after considering numerous statutes and rule is to implement amendments to the updates to, the tonnage regulations that executive orders related to rulemaking. tonnage measurement law made by the are of an administrative and non- Below we summarize our analyses 2010 Coast Guard Authorization Act. substantive nature. based on these statutes or executive One amendment precludes the owner of Table 1 provides a summary of the orders. a foreign flag vessel of 79 feet or more proposed rule’s costs and benefits.

TABLE 1—SUMMARY OF THE PROPOSED RULE’S IMPACTS

Category Summary

Applicability ...... U.S. and foreign flag vessels to which a law of the United States applies based on vessel ton- nage. Affected Population ...... Vessels that will be initially measured or remeasured under the tonnage regulations, estimated at 10,000 vessels per year. Cost Impacts ...... No additional costs as changes are consistent with current practice or policy. Non-quantified Benefits ...... Adds flexibility to use foreign flag tonnages. Clarifies tonnage measurement requirements. Fa- cilitates understanding of regulations, leading to more effective and efficient tonnage certifi- cations.

Affected Population Because none of the proposed changes simplified measurement applications are retroactive, the population and 386 formal measurement The tonnage regulations, as amended potentially affected by this rulemaking applications submitted annually, and by the proposed rule, apply to all U.S. is limited to vessels which will be our estimate of approximately 1,000 and foreign flag vessels to which the measured in the future, including those additional vessels that are measured application of a law of the United States remeasured following alterations, annually without the submission of a depends on the vessel’s tonnage. Once modifications, or other changes measurement application.1 assigned initially, tonnages remain valid substantially affecting their tonnage. until a vessel changes flag, or undergoes The Coast Guard estimates this 1 Refer to Collection of Information 1625–0022 for a change that substantially affects its more comprehensive information on measurement population to be approximately 10,000 application submissions. The Coast Guard does not tonnage. vessels each year, based on the 8,615 Continued

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Cost Impacts a similar manner to that of currently • The 26 changes related to Table 2 details 112 changes to the operating vessels. No such vessels have codification of principal Coast Guard tonnage regulations in the proposed been brought into service within the last technical interpretations would result in rule, with an assessment of the cost 10 years. Further, other options to no additional cost, because the impacts of each change. A summary operate similar vessels (e.g., under U.S. interpretations have been used for follows: flag) are available. Thus, no cost impact tonnage work for multiple years. • The single change to implement the from this proposed change is expected. • The 79 changes labeled statutory amendment that would • The six remaining changes needed ‘‘Administrative’’ are of non-substantive preclude certain foreign flag vessels of for statutory alignment are consistent nature and merely provide clarity and 79 ft or more in length from being with current Coast Guard interpretations would not result in any additional cost. measured under the Regulatory or industry practice, and would not Overall, the Coast Guard has not Measurement System could potentially result in any additional cost as identified any costs associated with prevent operation of a future vessel in described in the following table. complying with the proposed rule.

TABLE 2—ASSESSMENT OF COST IMPACTS OF THE PROPOSED RULE

Description of change Type of change Cost impact

Subpart A—General

§ 69.1 Purpose

Eliminates the disparate treatment of documented and undocumented Mandatory statutory alignment ...... No cost. Consistent with policy in U.S. flag vessels. effect since 1993 (NVIC 11–93). Expands the explanation of the use of tonnage to include environ- Administrative: Clarification on ton- No cost. mental and security purposes. nage usage. Relocates the descriptions of each measurement system to the cor- Administrative: Editorial change to No cost. responding definitions in § 69.9. improve usability.

§ 69.3 Applicability

Expands the scope to apply to foreign flag vessels ...... Mandatory statutory alignment ...... No cost. Consistent with Coast Guard practice since the 1986 amendments to the tonnage law. Removes the 5 net ton minimum size restriction ...... Administrative: Clarification that No cost. Consistent with policy in statutory requirements for meas- effect since 1993 (NVIC 11–93). urement apply to vessels of all sizes.

§ 69.5 Vessels required or eligible to be measured

Deletes section to align with proposed revised § 69.3 ...... Administrative: Editorial realign- No cost. ment.

§ 69.7 Vessels transiting the Panama and Suez Canals

Deletes requirement for vessels transiting the Panama and Suez Ca- Administrative: Update to reflect No cost. nals to be measured under the respective Panama and Suez Canal lack of Coast Guard responsi- measurement systems. bility for canal measurements, consistent with statutory changes.

§ 69.9 Definitions

Adds definitions for tonnage measurement terms ...... Administrative: New definitions ..... No cost. Revises definitions for tonnage measurement terms ...... Administrative: Clarifications and No cost. updates. Changes term ‘‘vessel engaged on a foreign voyage’’ ...... Mandatory statutory alignment ...... No cost. Consistent with current practice.

§ 69.11 Determining the measurement system or systems for a particular vessel

Eliminates the disparate treatment of documented and undocumented Mandatory statutory alignment ...... No cost. Consistent with policy in U.S. flag vessels. effect since 1993 (NVIC 11–93). Precludes certain foreign flag vessels of 79 ft or more in length from Mandatory statutory alignment ...... No cost. Not retroactive. No such being measured under the Regulatory Measurement System. foreign vessels have been brought into service using the regulatory measurement system in recent years.

collect information on measurement of vessels for but estimates that on the order of 1,000 such vessels inquiries received by the Marine Safety Center from which measurement applications are not submitted, are measured per year based on the number of the public and Coast Guard field units.

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TABLE 2—ASSESSMENT OF COST IMPACTS OF THE PROPOSED RULE—Continued

Description of change Type of change Cost impact

Relocates ‘‘how tonnage thresholds are applied’’ language to pro- Administrative: Editorial change .... No cost. posed § 69.20.

§ 69.13 Deviating from the provisions of a measurement system

Requires authorized measurement organizations to observe Coast Administrative: Clarifies extent of No cost. Consistent with written Guard’s interpretations of tonnage laws and regulations. measurement organization au- agreements with measurement thority. organizations, and policy in ef- fect since 1998 (see MTN 01– 98 and MTN 01–99). Identifies that Coast Guard interpretations may be obtained from the Administrative: Facilitates public No cost. Marine Safety Center. access to interpretive docu- ments. Allows grandfathering of superseded tonnage measurement rules ...... Administrative: Facilitates transi- No cost. Precludes mandatory ret- tion to codified interpretations. roactive application of codified interpretations.

§ 69.15 Authorized measurement organizations

Establishes new nomenclature consistent with proposed revisions to Administrative: Editorial change .... No cost. § 69.9 and § 69.11. Deletes information that is repeated in the regulations or is available Administrative: Editorial change .... No cost. elsewhere.

§ 69.17 Application for measurement services

Identifies that the vessel owner is responsible to apply for vessel Administrative: Clarification con- No cost. measurement or remeasurement. sistent with existing practice. Omits reference to boiler installation as indicator of stage of vessel Administrative: Update to reflect No cost. construction. decreasing use of steam propul- sion.

§ 69.19 Remeasurement and adjustment of tonnage

Clarifies circumstances under which a vessel must undergo re- Administrative: Clarification ...... No cost. measurement.

§ 69.20 Applying tonnage thresholds

Provides comprehensive requirements on how tonnage thresholds are Administrative: Facilitates public No cost. Consistent with the ton- to be applied. understanding of longstanding nage measurement law and pol- statutory requirements. icy in effect since 1993 (See NVIC 11–93).

§ 69.25 Penalties

Updates civil penalty amounts as per the Federal Civil Penalties Infla- Administrative: Update ...... No cost. tion Adjustment Act.

§ 69.27 Delegation of authority to measure vessels

Revises section to reflect the proposed nomenclature in § 69.11 ...... Administrative: Editorial change .... No cost. Deletes outdated reference to 49 CFR 1.46 ...... Administrative: Update ...... No cost.

§ 69.28 Acceptance of measurement by a foreign country

Adds provisions for accepting tonnage assignments for certain foreign Mandatory statutory alignment ...... No cost. Provides flexibility to use flag vessels. foreign flag tonnages

Subpart B—Convention Measurement System

§ 69.53 Definitions

Adds definition for tonnage measurement term ...... Administrative: New definitions ..... No cost. Revises tonnage measurement terms consistent with proposed revi- Administrative: Editorial change .... No cost. sions to § 69.9.

§ 69.55 Application for measurement services

Requires the ‘‘delivery date’’ to be specified on a tonnage application Administrative: Clarification ...... No cost. instead of the less specific ‘‘build date’’.

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TABLE 2—ASSESSMENT OF COST IMPACTS OF THE PROPOSED RULE—Continued

Description of change Type of change Cost impact

§ 69.57 Gross tonnage ITC

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Clarification ...... No cost.

§ 69.59 Enclosed spaces

Incorporates interpretations on treatment of portable spaces ...... Codification: Principal interpreta- No cost. Interpretation in effect tion from policy document. since 1999 (NVIC 11–93 CH–2 and MTN 01–99).

§ 69.61 Excluded spaces

Incorporates interpretations on treatment of qualifying spaces as ex- Codification: Principal interpreta- No cost. Interpretation in effect cluded spaces ‘‘open to the sea’’. tion from policy document. since 1999 (MTN 01–99).

§ 69.63 Net tonnage ITC

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Clarification ...... No cost.

§ 69.65 Calculation of volumes

Removes language addressing specific calculation methods to ensure Administrative: Clarification ...... No cost. Reflects increased use of that accepted naval architecture practices are used in all cases. computer-based computational methods

§ 69.69 Tonnage certificates

Incorporates more complete requirements from the 1969 Tonnage Administrative: Clarification ...... No cost. Convention for reissuance of an International Tonnage Certificate (1969) under certain circumstances, including the 3-month grace pe- riod following flag transfer. Requires issuance of a U.S. Tonnage Certificate as evidence of meas- Mandatory statutory alignment ...... No cost. Consistent with policy in urement under the Convention Measurement System under certain effect since 1998 (MTN 01–98). circumstances, and that the International Tonnage Certificate (1969) is delivered to the vessel’s owner or master.

§ 69.71 Change of net tonnage

Clarifies that Commandant determines the magnitude of alterations of Administrative: Clarification ...... No cost. a major character.

§ 69.73 Treatment of unique or otherwise novel type vessels

Revises section title and clarifies that submission of plans and Administrative: Clarification ...... No cost. sketches is not required in all cases.

§ 69.75 Figures

Updates the existing figures to resolve minor labeling inconsistencies, Administrative: Clarifications and No cost. and for visual clarity. updates.

Subpart C—Standard Regulatory Measurement System

§ 69.101 Purpose

Reflects proposed revised title of Subpart C ...... Administrative: Clarification ...... No cost.

§ 69.103 Definitions

Adds definitions for tonnage measurement terms ...... Administrative: New definitions ..... No cost. Revises definitions for tonnage measurement terms ...... Administrative: Clarifications and No cost. updates.

§ 69.105 Application for measurement services

Requires the ‘‘delivery date’’ to be specified on a tonnage application Administrative: Clarification ...... No cost. instead of the less specific ‘‘build date’’.

§ 69.107 Gross and net register tonnages

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Clarification ...... No cost.

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TABLE 2—ASSESSMENT OF COST IMPACTS OF THE PROPOSED RULE—Continued

Description of change Type of change Cost impact

Clarifies that the U.S. Tonnage Certificate reflects measurement for Administrative: Clarification ...... No cost. the Convention and Regulatory Measurement Systems, as applica- ble, and need not be carried aboard.

§ 69.108 Uppermost complete deck

Establishes comprehensive requirements related to the ‘‘uppermost Codification: Principal interpreta- No cost. Interpretations in effect complete deck’’. tions from policy document. since 2003 (MTN 01–99 CH–5).

§ 69.109 Under-deck tonnage

Clarifies that enumerated decks are used to determine the tonnage Administrative: Clarification ...... No cost. deck. Establishes how to determine enumerated decks ...... Codification: Principal interpreta- No cost. Interpretation in effect tion from policy document. since 2003 (MTN 01–99 CH–5). Replaces the phrase ‘‘at different levels from stem to stern’’ with the Codification: Principal interpreta- No cost. Interpretation in effect more commonly used term ‘‘stepped’’. tion from policy document. since 2005 (MTN 01–99 CH–7). Establishes minimum breadth and length criteria for steps used in es- Codification: Principal interpreta- No cost. Interpretation in effect tablishing the line of the tonnage deck. tion from policy document. since 2005 (MTN 01–99 CH–7). Reflects that the frames evaluated in determining the tonnage length Administrative: Clarification ...... No cost. should be ‘‘ordinary frames’’. Deletes the sentence ‘‘when a headblock extendsthickness of an ordi- Codification: Principal interpreta- No cost. Interpretation in effect nary side frame and shell plating’’. tion from policy document. since 2003 (MTN 01–99 CH–5). Provides for a maximum reduction in the tonnage length of 81⁄2 feet ... Codification: Principal interpreta- No cost. Interpretation in effect tion from policy document. since 2003 (MTN 01–99 CH–5). Requires that the under-deck sections, referred to as ‘‘tonnage sta- Administrative: Clarification ...... No cost. tions,’’ be sequentially numbered. Replaces the terms ‘‘double bottom’’ and ‘cellular double bottom’’ with Administrative: Clarification ...... No cost. ‘‘water ballast double bottom’’. Deletes the existing language regarding outside shaft tunnel exclu- Codification: Principal interpreta- No cost. Interpretation in effect sions and inserts new ‘‘open to the sea’’ language. tion from policy document. since 2005 (MTN 01–99 CH–7). Incorporates the term ‘‘uppermost complete deck’’ ...... Administrative: Clarification ...... No cost. Provides requirements on the measurement treatment of ordinary Codification: Principal interpreta- No cost. Interpretations on dif- frames in the under-deck, including construction, frame spacing, dif- tions from policy document. ferent sized framing in effect ferent sized frames, frame openings, and asymmetrical framing. since in effect since 1950 (Treasury Decision 52578). Other interpretations in effect since 2002 (MTN 01–99 CH–4).

§ 69.111 Between-deck tonnage

Replaces the phrase ‘‘at different levels from stem to stern’’ with the Codification: Principal interpreta- No cost. Interpretation in effect more commonly used term ‘‘stepped’’. tion from policy document. since 2005 (MTN 01–99 CH–7). Requires a minimum size for a longitudinal step being used as the Codification: Principal interpreta- No cost. Interpretation in effect basis for establishing the line of the uppermost complete deck. tion from policy document. since 2005 (MTN 01–99 CH–7). Replaces the phrase ‘‘face of the normal side frames’’ with the phrase Administrative: Clarification ...... No cost. ‘‘line of the normal frames’’.

§ 69.113 Superstructure tonnage

Incorporates interpretations on treatment of portable spaces ...... Codification: Principal interpreta- No cost. Interpretations in effect tions from policy document. since 1997 (NVIC 11–93 CH–2). Clarifies that measurements are to be taken to the ‘‘line of the normal Administrative: Clarification ...... No cost. frames’’. Defines superstructure tonnage as the tonnage of all superstructure Administrative: Clarification ...... No cost. spaces.

§ 69.115 Excess hatchway tonnage

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Clarification ...... No cost.

§ 69.117 Spaces exempt from inclusion in tonnage

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost. Amends the definition of passenger space to preclude passenger sup- Codification: Principal interpreta- No cost. Interpretation in effect port spaces and spaces used by both passengers and crew from tion from policy document. since 2005 (MTN 01–99 CH–7). being exempted as passenger space. Establishes the minimum height above the uppermost complete deck Codification: Principal interpreta- No cost. Interpretation in effect for exemptible passenger spaces. tion from policy document. since 2005 (MTN 01–99 CH–7). Removes the prohibition of exempting a passenger space as an open Codification: Principal interpreta- No cost. Interpretation in effect space when it has berthing accommodations. tion from policy document. since 2003 (MTN 01–99 CH–5).

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TABLE 2—ASSESSMENT OF COST IMPACTS OF THE PROPOSED RULE—Continued

Description of change Type of change Cost impact

Establishes requirements on open structure exemptions for structures Codification: Principal interpreta- No cost. Interpretation in effect divided into compartments. tion from policy document. since 2005 (MTN 01–99 CH–7). Prohibits the progression of open space vertically between structures Codification: Principal interpreta- No cost. Interpretations in effect and allows a space outside a structure’s boundary bulkhead meet- tions from policy document. since 2003 (MTN 01–99 CH–6). ing certain conditions to be considered open to the weather. Provides end opening and interior space circulation requirements ...... Codification: Principal interpreta- No cost. Interpretations in effect tions from policy document. since 2003 (MTN 01–99 CH–6). Requires compartments from which open space progresses to meet Codification: Principal interpreta- No cost. Interpretations in effect certain opening requirements. tions from policy document. since 2003 (MTN 01–99 CH–6). Requires temporary cover plates to be fitted against the weather side Codification: Principal interpreta- No cost. Interpretations in effect of a bulkhead in applying open to the weather criteria. tions from policy document. since 2003 (MTN 01–99 CH–6). Specifies that in applying the size requirements of 69.117(d)(7), an Administrative: Clarification ...... No cost. opening need not also meet the size requirements of 69.117(d)(2). Provides for exemption of space in way of opposite side openings ...... Codification: Principal interpreta- No cost. Interpretations in effect tions from policy document. since 2003 (MTN 01–99 CH–6). Replaces the phrase ‘‘next lower deck’’ with the phrase ‘‘uppermost Administrative: Clarification ...... No cost. complete deck’’. Precludes battening, caulking, seals, or gaskets of any material from Codification: Principal interpreta- No cost. Interpretation in effect being used in association with a middle line opening cover. tion from policy document. since 2003 (MTN 01–99 CH–6). Deletes the requirement to provide calculations in a specific format ..... Administrative: Update ...... No cost. Reflects increased use of computer-based computational methods. Requires use of the zone of influence method to ensure accuracy and Codification: Principal interpreta- No cost. Interpretation in effect consistency in calculating volumes of exempted under-deck spaces. tion from policy document. since 2003 (MTN 01–99 CH–6).

§ 69.119 Spaces deducted from tonnage

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost.

§ 69.121 Engine room deduction

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost.

§ 69.123 Figures

Updates the existing figures to resolve minor labeling inconsistencies, Administrative: Clarifications and No cost. and for visual clarity. updates.

Subpart D—Dual Regulatory Measurement System

§ 69.151 Purpose

Reflects proposed revised title of Subpart D ...... Administrative: Clarification ...... No cost. Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost.

§ 69.153 Application of other laws

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost.

§ 69.155 Measurement requirements

Deletes references to the ‘‘Standard Measurement System’’ and ‘‘Dual Administrative: Editorial change .... No cost. Measurement System’’.

§ 69.157 Definitions

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost.

§ 69.159 Application for measurement services

Deletes reference to the ‘‘Standard Measurement System’’ ...... Administrative: Editorial change .... No cost.

§ 69.161 Gross and net register tonnages

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost. Clarifies that the U.S. Tonnage Certificate reflects measurement for Administrative: Clarification ...... No cost. the Convention and Regulatory Measurement Systems, as applica- ble, and need not be carried aboard.

§ 69.163 Under-deck tonnage

Deletes reference to the ‘‘Dual Measurement System’’ ...... Administrative: Editorial change .... No cost.

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TABLE 2—ASSESSMENT OF COST IMPACTS OF THE PROPOSED RULE—Continued

Description of change Type of change Cost impact

§ 69.165 Between-deck tonnage

Deletes reference to the ‘‘Dual Measurement System’’ ...... Administrative: Editorial change .... No cost.

§ 69.167 Superstructure tonnage

Deletes reference to the ‘‘Dual Measurement System’’ ...... Administrative: Editorial change .... No cost.

§ 69.169 Spaces exempt from inclusion tonnage

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost.

§ 69.173 Tonnage assignments for vessels with only one deck

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost.

§ 69.175 Tonnage assignments for vessels with a second deck

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost. Clarifies that the vessel owner may elect to use the lower set of ton- Administrative: Clarification ...... No cost. nages when opting for single tonnage assignment under the Dual Measurement System. Requires a load line to be assigned at a level below the line of the Codification: Principal interpreta- No cost. Interpretation in effect second deck. tion from policy document. since 2003 (MTN 01–99 CH–5).

§ 69.177 Markings

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost. Adds exception to allow the line of the second deck to be marked on Codification: Principal interpreta- No cost. Interpretation in effect the side of the vessel if the second deck is the actual freeboard tion from policy document. since 2003 (MTN 01–99 CH–5). deck for purposes of load line assignment.

§ 69.181 Locating the line of the second deck

Updates the existing examples for visual clarity ...... Administrative: Clarifications and No cost. updates.

§ 69.183 Figures

Updates the existing figures to resolve minor labeling inconsistencies, Administrative: Clarifications and No cost. and for visual clarity. updates.

Subpart E—Simplified Regulatory Measurement System

§ 69.201 Purpose

Reflects proposed revised title of Subpart E ...... Administrative: Clarification ...... No cost.

§ 69.205 Application for measurement services

Specifies how vessel owners not seeking documentation should proc- Administrative: Clarification ...... No cost. Provides additional guid- ess an application for simplified measurement. ance.

Specifies that a completed application for simplified measurement Administrative: Clarification ...... No cost. serves as evidence of measurement under the Simplified system. Specifies the vessel information required to be provided by the owner Administrative: Clarification ...... No cost. when completing the Application for Simplified Measurement. Deletes reference to a specific section of the Builders Certificate and Administrative: Removes No cost. First Transfer of Title form (CG–1261) to allow for revisions to this unneeded requirement from the form without the need to revise regulations. regulations.

§ 69.207 Measurements

Relaxed measurement tolerances consistent with current practice ...... Administrative: Update ...... No cost—matches existing prac- tice.

§ 69.209 Gross and net register tonnage

Revises nomenclature consistent with proposed revisions to § 69.9 ..... Administrative: Editorial change .... No cost. Specifies that a vessel’s Certificate of Documentation serves as evi- Administrative: Clarification ...... No cost. dence of measurement under the Simplified system.

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TABLE 2—ASSESSMENT OF COST IMPACTS OF THE PROPOSED RULE—Continued

Description of change Type of change Cost impact

§ 69.211 Treatment of unique or otherwise novel type vessels

Identifies the Coast Guard office to contact for questions on a vessel Administrative: Facilitates resolu- No cost. for which the simplified measurement rules may not readily be ap- tions of questions from public. plied.

Benefits through increased regulatory clarity and measurement regulations, which could by adding flexibility to use foreign flag help avert costs and delays associated Part 69 Subpart A (Sections 69.1– tonnages. with bringing vessels into regulatory 69.29): Part 69 Subparts B, C and D (Sections compliance. The revisions to 46 CFR part 69 69.51–69.183): Part 69 Subpart E (Sections 69.201– subpart A would clarify and update The proposed revisions to 46 CFR part 69.209): general tonnage measurement 69 subparts B, C, and D would clarify requirements, consistent with the and update tonnage measurement The proposed revisions to 46 CFR part changes mandated by the 2010 Coast requirements, and codify principal 69 subpart E would clarify and update Guard Authorization Act, and codify interpretations of the tonnage technical tonnage measurement requirements, and certain interpretations affecting vessels rules. These changes are expected to are expected to benefit the public measured under the four U.S. benefit the public through increased through increased regulatory clarity. measurement systems. These changes regulatory clarity and by facilitating Table 3 summarizes the benefits of the are expected to benefit the public understanding of the tonnage proposed rule.

TABLE 3—SUMMARY OF BENEFITS

Requirement Benefit

Part 69 Subpart A (Sections 69.1–69.29) ...... • Clarifies tonnage measurement requirements. Part 69 Subparts B, C and D (Sections 69.51–69.183) ...... • Clarifies tonnage measurement requirements. • Facilitates the understanding of tonnage measurement requirements to allow more effective and efficient tonnage certifications Part 69 Subpart E (Sections 69.201–69.209) ...... • Clarifies tonnage measurement requirements.

Alternatives concluded that the additional changes potential economic, environmental, The Coast Guard concluded that some to the tonnage regulations described public health and safety effects, changes to the existing tonnage above could provide a net benefit to the distributive impacts, and equity). Table regulations are required to implement public, and should also be made. 4 summarizes these three alternative changes to the tonnage measurement In arriving at these conclusions, the approaches, including the costs and law made by the 2010 Coast Guard Coast Guard considered two alternatives benefits. A brief description of the Authorization Act. Based on the to the proposed approach in order to alternatives that were not adopted preceding discussion, we further maximize net benefits (including follows the table.

TABLE 4—DESCRIPTION OF REGULATORY ALTERNATIVES

Alternative Description Costs and benefits

Proposed Approach ...... Revise regulations to: —No cost. —Reflect statutory changes; —Clarifies requirements. —Codify principal interpretations; —Adds flexibility to use foreign flag tonnages. —Include administrative changes. —Facilitates understanding of regulations. Alternative 1 ...... Revise regulations to: —Reduces flexibility in applying regulations. —Reflect statutory changes; —Clarifies requirements. —Codify all interpretations; —Adds flexibility to use foreign flag tonnages. —Include administrative changes. —Facilitates understanding of regulations. —No costs short run, but in the long-run we anticipate that the new regulations would be too detailed and lead to compliance difficul- ties. Alternative 2 ...... Revise regulations to: —No cost. —Reflect statutory changes. —Adds flexibility to use foreign flag tonnages. —No enhanced understanding of tonnage regulations with increased compliance chal- lenges/costs.

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Alternative 1—Codify All additional requests for clarifications and consideration, we did not accept Interpretations interpretations and additional Alternative 2. rulemakings, potentially causing B. Small Entities Alternative 1 would revise the tonnage certification delays and tonnage regulations to incorporate not negatively impact design innovations. Under the Regulatory Flexibility Act only the changes and principal Based on these considerations, we did (5 U.S.C. 601–612), we have considered interpretations of the proposed not accept Alternative 1. whether this proposed rule would have alternative, but to also include all a significant economic impact on a published Coast Guard interpretations. Alternative 2—Incorporate Only substantial number of small entities. This would consolidate all tonnage Mandatory Changes The term ‘‘small entities’’ comprises interpretative information into one small businesses, not-for-profit source. Unlike the proposed alternative, Alternative 2 would amend the organizations that are independently Alternative 1 would induce an tonnage regulations to only incorporate owned and operated and are not additional cost and burden to both changes that reflect the tonnage dominant in their fields, and industry and government due to a lack technical amendments of the 2010 Coast governmental jurisdictions with of flexibility in applying regulations. Guard Authorization Act, while populations of less than 50,000. Initially, we believed this alternative, continuing the Coast Guard’s practice of Our economic analysis concludes that when compared to the current situation communicating tonnage regulation this proposed rule would have no cost of a regulation not reflective of interpretations to industry via policy impact and would not affect the small published interpretations, would documents. This would sustain the entities described above. produce some additional benefit due to Coast Guard’s current flexibility in Business entities are categorized by the increased visibility of both the applying tonnage measurement the North American Industry principal and secondary interpretations. interpretations and preclude additional Classification System (NAICS) codes.2 We concluded that, over time, new costs to industry. However, it would not We identified the NAICS codes for the technologies and vessel construction clarify tonnage measurement population affected by the proposed practices would lead to difficulties in requirements or increase the rule. Table 5 presents these NAICS complying with an overly detailed understanding of the tonnage codes, their descriptions, and their SBA regulation. This would likely lead to measurement regulations. Based on this size criteria.

TABLE 5—NAICS CODES WITH SBA THRESHOLD

SBA Small entity NAICS Code NAICS Description threshold

11411 ...... Fishing ...... $4,00,000 revenue. 483111 ...... Deep sea freight transportation ...... 500 employees. 483112 ...... Deep sea passenger transportation ...... 500 employees. 483113 ...... Coastal and great lakes freight transportation ...... 500 employees. 483114 ...... Coastal and great lakes passenger transportation ...... 500 employees. 483211 ...... Inland water freight transportation ...... 500 employees. 483212 ...... Inland water passenger transportation ...... 500 employees. 488310 ...... Port and Harbor Operations ...... $25,000,000 revenue. 488330 ...... Navigational Services to Shipping ...... $7,000,000 revenue.

We estimate that this rule would not how and to what degree this rule would small entities that question or complain impose additional costs and should economically affect it. about this rule or any policy or action of the Coast Guard. have no impact on small entities C. Assistance for Small Entities because the Coast Guard has not Small businesses may send comments identified any costs associated with Under section 213(a) of the Small on the actions of Federal employees complying with the proposed rule. Business Regulatory Enforcement who enforce, or otherwise determine Therefore, the Coast Guard certifies Fairness Act of 1996 (Pub. L. 104–121), compliance with, Federal regulations to we want to assist small entities in the Small Business and Agriculture under 5 U.S.C. 605(b) that this proposed understanding this proposed rule so that Regulatory Enforcement Ombudsman rule, if promulgated, will not have a they can better evaluate its effects on and the Regional Small Business significant economic impact on a them and participate in the rulemaking. Regulatory Fairness Boards. The substantial number of small entities. If If the proposed rule would affect your Ombudsman evaluates these actions you think that your business, small business, organization, or annually and rates each agency’s organization, or governmental governmental jurisdiction and you have responsiveness to small business. If you jurisdiction qualifies as a small entity questions concerning its provisions or wish to comment on actions by and that this rule would have a options for compliance, please consult employees of the Coast Guard, call 1– significant economic impact on it, Mr. Marcus Akins, Marine Safety 888–REG–FAIR (1–888–734–3247). please submit a comment to the Docket Center, Tonnage Division (MSC–4), D. Collection of Information Management Facility at the address Coast Guard; telephone (703) 872–6787 under ADDRESSES. In your comment, or email [email protected]. The This proposed rule would call for no explain why you think it qualifies and Coast Guard will not retaliate against new collection of information under the

2 Small business information can be accessed online at http://www.sba.gov/size/ indextableofsize.html.

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Paperwork Reduction Act of 1995 (44 local officials who submit comments to K. Energy Effects U.S.C. 3501–3520). The current Office of this proposed rule; (2) a summary of the We have analyzed this proposed rule Management and Budget approval nature of any concerns raised by State under Executive Order 13211, Actions number for this part, 1625–0028, or local governments and the Coast Concerning Regulations That remains unchanged and effective. Guard’s position thereon; and (3) a Significantly Affect Energy Supply, E. Federalism statement of the extent to which the Distribution, or Use. We have concerns of State and local officials A rule has implications for federalism determined that it is not a ‘‘significant have been met. We will also report to energy action’’ under that order because under Executive Order 13132, the Office of Management and Budget Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ any written communications with the under Executive Order 12866 and is not effect on the States, on the relationship States. between the national government and likely to have a significant adverse effect the States, or on the distribution of F. Unfunded Mandates Reform Act on the supply, distribution, or use of power and responsibilities among the energy. The Administrator of the Office The Unfunded Mandates Reform Act of Information and Regulatory Affairs various levels of government. We have of 1995 (2 U.S.C. 1531–1538) requires analyzed this proposed rule under that has not designated it as a significant Federal agencies to assess the effects of energy action. Therefore, it does not Order and have determined that it is their discretionary regulatory actions. In consistent with the fundamental require a Statement of Energy Effects particular, the Act addresses actions under Executive Order 13211. federalism principles and preemption that may result in the expenditure by a requirements described in Executive State, local, or tribal government, in the L. Technical Standards Order 13132. Our analysis is explained aggregate, or by the private sector of The National Technology Transfer below. $100,000,000 (adjusted for inflation) or It is well settled that States may not and Advancement Act (NTTAA) (15 more in any one year. Though this regulate in fields reserved for regulation U.S.C. 272 note) directs agencies to use proposed rule would not result in such by the Coast Guard. Under Title 46, voluntary consensus standards in their an expenditure, we do discuss the United States Code, Subtitle II, Part J, regulatory activities unless the agency effects of this rule elsewhere in this ‘‘Measurement of Vessels,’’ Congress provides Congress, through the Office of preamble. specifically mandated the Secretary to Management and Budget, with an measure vessels in the manner provided G. Taking of Private Property explanation of why using these by the statute and the Convention. The standards would be inconsistent with authority to carry out these functions This proposed rule would not cause a applicable law or otherwise impractical. was specifically delegated to the Coast taking of private property or otherwise Voluntary consensus standards are Guard by the Secretary. As this have taking implications under technical standards (e.g., specifications proposed rulemaking implements Executive Order 12630, Governmental of materials, performance, design, or amendments to the tonnage Actions and Interference with operation; test methods; sampling measurement law, as well as Constitutionally Protected Property procedures; and related management incorporates technical interpretations Rights. systems practices) that are developed or and administrative clarifications of H. Civil Justice Reform adopted by voluntary consensus existing tonnage regulations, it falls standards bodies. within the scope of authority Congress This proposed rule meets applicable This proposed rule does not use granted exclusively to the Secretary and standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did States may not regulate within this field. Executive Order 12988, Civil Justice not consider the use of voluntary Therefore, the rule is consistent with the Reform, to minimize litigation, consensus standards. eliminate ambiguity, and reduce principles of federalism and preemption M. Environment requirements in Executive Order 13132. burden. While it is well settled that States may I. Protection of Children We have analyzed this proposed rule not regulate in categories in which under Department of Homeland Congress intended the Coast Guard to be We have analyzed this proposed rule Security Management Directive 023–01 the sole source of a vessel’s obligations, under Executive Order 13045, and Commandant Instruction the Coast Guard recognizes the key role Protection of Children from M16475.lD, which guide the Coast that State and local governments may Environmental Health Risks and Safety Guard in complying with the National have in making regulatory Risks. This rule is not an economically Environmental Policy Act of 1969 determinations. Additionally, for rules significant rule and would not create an (NEPA) (42 U.S.C. 4321–4370f), and with implications and preemptive environmental risk to health or risk to have made a preliminary determination effect, Executive Order 13132 safety that might disproportionately that this action is one of a category of specifically directs agencies to consult affect children. actions that do not individually or cumulatively have a significant effect on with State and local governments during J. Indian Tribal Governments the rulemaking process. the human environment. A preliminary Therefore, the Coast Guard invites This proposed rule does not have environmental analysis checklist State and local governments and their tribal implications under Executive supporting this determination is representative national organizations to Order 13175, Consultation and available in the docket where indicated indicate their desire for participation Coordination with Indian Tribal under the ‘‘Public Participation and and consultation in this rulemaking Governments, because it would not have Request for Comments’’ section of this process by submitting comments to this a substantial direct effect on one or preamble. This action falls under NPRM. In accordance with Executive more Indian tribes, on the relationship section 2.B.2, figure 2–1, paragraph Order 13132, the Coast Guard will between the Federal Government and (34)(a) and (d) of the Instruction and provide a federalism impact statement Indian tribes, or on the distribution of involves regulations which are editorial to document: (1) The extent of the Coast power and responsibilities between the or procedural and regulations Guard’s consultation with State and Federal Government and Indian tribes. concerning [follow lit]admeasurement[/

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follow lit] of vessels. We seek any ■ 6. Revise § 69.9 to read as follows: Gross tonnage ITC (GT ITC) means the comments or information that may lead gross tonnage measurement of the vessel to the discovery of a significant § 69.9 Definitions. under the Convention Measurement environmental impact from this As used in this part— System (subpart B of this part). In proposed rule. Authorized measurement international conventions, this organization means an entity that is List of Subjects in 46 CFR Part 69 parameter may be referred to as ‘‘gross authorized to measure vessels under tonnage (GT)’’. Refer to § 69.20 of this Measurement standards, Penalties, this part. subpart for information on applying Reporting and recordkeeping Commandant means Commandant of tonnage thresholds expressed in terms requirements, Vessels. the Coast Guard at the following of gross tonnage ITC. For the reasons discussed in the address: Commanding Officer, Marine National Vessel Documentation preamble, the Coast Guard proposes to Safety Center (MSC–4), US Coast Guard Center means the organizational unit amend 46 CFR part 69 as follows: Stop 7410, 4200 Wilson Boulevard, designated by the Commandant to Suite 400, Arlington, VA 20598–7410 Title 46 process vessel documentation Convention means the International transactions and maintain vessel PART 69—MEASUREMENT OF Convention on Tonnage Measurement of documentation records. VESSELS Ships, 1969. Net register tonnage (NRT) means the Convention Measurement System net tonnage measurement of the vessel Subpart A—General means the measurement system under under the Regulatory Measurement subpart B of this part, which is based on System. Refer to § 69.20 of this subpart ■ 1. The authority citation for part 69 the rules of the Convention. It uses the for information on applying tonnage continues to read as follows: vessel’s total enclosed volume as the thresholds expressed in terms of net Authority: 46 U.S.C. 2301, 14103; principal input for tonnage calculations register tons. Department of Homeland Security Delegation along with other characteristics related Non-self-propelled vessel means a No. 0170.1. to the vessel’s carrying capacity, vessel that is not a self-propelled vessel. ■ 2. Revise § 69.1 to read as follows: including the volume of cargo spaces Overall length means the horizontal and number of passengers. Tonnages distance of the vessel’s hull between the § 69.1 Purpose. assigned under this system are foremost part of a vessel’s stem to the This part implements legislation expressed in terms of gross tonnage ITC aftermost part of its stern, excluding concerning the measurement of vessels (GT ITC) or net tonnage ITC (NT ITC). fittings and attachments. to determine their tonnage (part J of 46 Deck cargo means freight carried on Portable enclosed space means an U.S.C. subtitle II). Tonnage is used for the weather decks of a vessel for the enclosed space that is not deck cargo, a variety of purposes, including the purpose of its transport between two and whose method of attachment to the application of vessel safety, security, separate and distinct locations, and vessel is not permanent in nature. and environmental protection which is off-loaded from the vessel in Examples of portable enclosed spaces regulations and the assessment of taxes its original container (if applicable) include modular living quarters, housed and fees. This part indicates the without undergoing any processing or portable machinery spaces, and deck particular measurement system or other use while onboard the vessel. tanks used in support of shipboard systems under which the vessel is Dual Regulatory Measurement System industrial processes. required or eligible to be measured, means the measurement system of Register ton means a unit of volume describes the measurement rules and subpart D of this part, which is one of equal to 100 cubic feet. procedures for each system, identifies three sub-systems of the Regulatory Regulatory Measurement System the organizations authorized to measure Measurement System. It is based on the means the measurement system that vessels under this part, and provides for rules of the Standard Measurement comprises subparts C, D, and E of this the appeal of measurement System, with adjustments that allow for part (Standard, Dual, and Simplified organizations’ decisions. the assignment of two sets of Regulatory Regulatory Measurement Systems, ■ 3. Revise § 69.3 to read as follows: Measurement System tonnages whose respectively), and is sometimes referred use depends on the loading condition of § 69.3 Applicability. to as the national measurement system the vessel. Tonnages assigned under this of the United States. Tonnages assigned This part applies to any vessel for system are expressed in terms of gross under this system are expressed in which the application of an register tons (GRT) or net register tons terms of gross register tons (GRT) or net international agreement or other law of (NRT). register tons (NRT). the United States to the vessel depends Foreign flag vessel means a vessel that Remeasurement means the process by on the vessel’s tonnage. is not a U.S. flag vessel. which tonnages and registered § 69.5 [Removed and Reserved] Great Lakes means the Great Lakes of dimensions of a vessel that was ■ 4. Remove and reserve § 69.5. North America and the St. Lawrence previously measured are reassigned to ■ 5. Revise § 69.7 to read as follows: River west of a rhumb line drawn from that vessel, or are verified to be correct, Cap des Rosiers to West Point, Anticosti as appropriate. § 69.7 Vessels transiting the Panama and Island, and, on the north side of Self-propelled vessel means a vessel Suez Canals. Anticosti Island, the meridian of with means of self-propulsion, For vessels that will transit the longitude 63 degrees west. including sails. Panama Canal and/or Suez Canal, the Gross register tonnage (GRT) means Simplified Regulatory Measurement respective canal authorities may require the gross tonnage measurement of the System means the measurement system special tonnage certificates in addition vessel under the Regulatory of subpart E of this part, which is one to those issued under this part. These Measurement System. Refer to § 69.20 of of three sub-systems of the Regulatory special certificates may be issued by this subpart for information on applying Measurement System. It is based on the measurement organizations who have tonnage thresholds expressed in terms rules of the Standard Measurement received appropriate authorization from of gross register tons (also referred to as System but employs a simplified the respective canal authorities. GRT). computational method using hull

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dimensions as the principal inputs. (i) A vessel of war unless the (b) The provisions of more than one Tonnages assigned under this system government of the country to which the measurement system must not be are expressed in terms of gross register vessel belongs elects to measure the applied interchangeably or combined, tons (GRT) or net register tons (NRT). vessel under this chapter. except where specifically authorized Standard Regulatory Measurement (ii) A vessel of less than 79 feet in under this part. System means the measurement system overall length. (c) Unless otherwise provided for by of subpart C of this part, which is one (iii) A U.S. flag vessel, or one of law, the tonnage measurement rules and of three sub-systems of the Regulatory Canadian registry or nationality, or procedures that immediately predate the Measurement System. It is based on the operated under the authority of Canada, rules and procedures prescribed in this rules of the British Merchant Shipping and that is operating only on the Great part may be applied, at the option of the Act of 1854 and uses volumes of Lakes, unless the vessel owner requests. vessel owner, to the following vessels: internal spaces as the principal inputs (iv) A U.S. flag vessel, the keel of (1) A vessel which has not been for tonnage calculations, allowing for which was laid or was at a similar stage measured and which was contracted for exemptions or deductions of qualifying of construction before January 1, 1986, on or before (effective date of this rule). spaces according to their location and unless the vessel owner requests or (2) A vessel which has been use. Tonnages assigned under this unless the vessel subsequently measured, but which has undergone system are expressed in terms of gross undergoes a change that the modifications contracted for on or register tons (GRT) or net register tons Commandant finds substantially affects before (effective date of this rule). (NRT). the gross tonnage. ■ 9. Amend § 69.15 as follows: Tonnage means the volume of a (v) A non-self-propelled U.S. flag ■ a. Revise paragraphs (a), (b), (c), and vessel’s spaces, including portable vessel (except a non-self-propelled (e) to read as set forth below; and enclosed spaces, as calculated under a vessel that engages on a foreign voyage) ■ b. In paragraph (d), remove the words measurement system in this part, and is unless the vessel owner requests the ‘‘to determine its tonnage’’ and add, in categorized as either gross or net. Gross application. their place, the words ‘‘under this part’’. tonnage refers to the volumetric (b) Standard Regulatory Measurement measure of the overall size of a vessel. System (subpart C). This system applies § 69.15 Authorized measurement organizations. Net tonnage refers to the volumetric to a vessel not measured under the measure of the useful capacity of the Convention Measurement System for (a) Except as noted under paragraphs vessel. Deck cargo is not included in which the application of an (c) and (d) of this section, measurement tonnage. international agreement or other law of or remeasurement of all vessels under Tonnage threshold means a the United States to the vessel depends subparts B, C, or D of this part must be delimitating tonnage value specified in on the vessel’s tonnage. Upon request of performed by an authorized an international convention or a Federal the vessel owner, this system also measurement organization meeting the statute or regulation. applies to a U.S. flag vessel that is also requirements of § 69.27 of this subpart. U.S. flag vessel means a vessel of measured under the Convention A current listing of authorized United States registry or nationality, or Measurement System. measurement organizations may be one operated under the authority of the (c) Dual Regulatory Measurement obtained from the Commanding Officer, United States. System (subpart D). This system may be Marine Safety Center (MSC–4). Vessel of war means ‘‘vessel of war’’ applied, at the vessel owner’s option, (b) Measurement or remeasurement of as defined in 46 U.S.C. 2101. instead of the Standard Regulatory all vessels under subpart E of this part Vessel that engages on a foreign must be performed by the Coast Guard. voyage means a vessel— Measurement System. (d) Simplified Regulatory (c) Measurement or remeasurement of (1) That arrives at a place under the all U.S. Coast Guard vessels and all U.S. jurisdiction of the United States from a Measurement System (subpart E). This system may be applied, at the vessel Navy vessels of war must be performed place in a foreign country; by the Coast Guard. (2) That makes a voyage between owner’s option, instead of the Standard places outside of the United States; Regulatory Measurement System to the * * * * * (3) That departs from a place under following vessels: (e) The appropriate tonnage the jurisdiction of the United States for (1) A vessel that is under 79 feet in certificate, as provided for under this a place in a foreign country; or overall length. part, is issued by the authorized (4) That makes a voyage between a (2) A vessel of any length that is non- measurement organization as evidence place within a territory or possession of self-propelled and does not engage on of the vessel’s measurement under this the United States and another place foreign voyages. part. under the jurisdiction of the United (3) A vessel of any length that is ■ 10. Amend § 69.17 as follows: States not within that territory or operated only for pleasure and operated ■ a. Revise paragraph (a) to read as set possession. only on the Great Lakes. out below; and ■ 7. Revise § 69.11 to read as follows: ■ 8. Revise § 69.13 to read as follows: ■ b. In paragraph (c), remove the words ‘‘engine and boilers’’ and add, in their § 69.11 Determining the measurement § 69.13 Applying provisions of a place, the word ‘‘engines’’. system or systems for a particular vessel. measurement system. (a) Convention Measurement System (a) Except as noted under paragraph § 69.17 Application for measurement (subpart B). (1) Except as otherwise (c) of this section, all provisions of a services. provided in this section, this system measurement system as prescribed in (a) The vessel owner is responsible for applies to any vessel for which the this part that are applicable to the having the vessel measured or application of an international vessel, along with associated remeasured under this part. agreement or other law of the United interpretations of the Coast Guard, must Applications for measurement services States to the vessel depends on the be observed. These Coast Guard are available from and, once completed, vessel’s tonnage. interpretations are published by, and are submitted to the authorized (2) This system does not apply to the may be obtained from, Commanding measurement organization that will following vessels: Officer, Marine Safety Center (MSC–4). perform the measurement services. The

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contents of the application are described are applied using the Regulatory (iii) Any other international in this part under the requirements for Measurement System tonnage (if grandfathering provisions as authorized each system. assigned). under appropriate International * * * * * (b) International Conventions. Unless Maritime Organization instruments to ■ 11. Revise paragraphs (a), (b), and (c) otherwise provided for by law, apply which the United States is a party, or of § 69.19 to read as follows: tonnage thresholds in international which are otherwise recognized or conventions as follows: accepted by the United States. § 69.19 Remeasurement. (1) For vessels measured under the (2) For all other vessels, apply all (a) If a vessel that is already measured Convention Measurement System, apply tonnage thresholds using Regulatory is to undergo a structural alteration, a all tonnage thresholds using Convention Measurement System tonnage. change to its service, or if the use of its Measurement System tonnage, except as (c) Federal Statutes and Regulations. space is to be changed, a remeasurement provided for under the following Unless otherwise provided for by law, may be required. Vessel owners shall international tonnage grandfathering apply tonnage thresholds in Federal report immediately to an authorized provisions, which may be applied at the statutes and regulations as follows: measurement organization any intent to option of the vessel owner: structurally alter the vessel or to change (i) Article 3(2)(d) of the Convention. (1) For vessels measured under the its service or the use of its space. The (A) For a U.S. flag vessel, this Article Convention Measurement System only, organization advises the owner if allows associated tonnage thresholds in apply all thresholds using Convention remeasurement is necessary. effect on or before July 18, 1994 to be Measurement System tonnage. Remeasurement is initiated by applied, at the vessel owner’s option, (2) For vessels measured under the completing and submitting, where using Regulatory Measurement System Regulatory Measurement System only, applicable, the appropriate application tonnage, to a vessel whose keel was laid apply all thresholds using Regulatory for measurement services. Spaces not on or before July 18, 1982, and which Measurement System tonnage. affected by the alteration or change need did not subsequently undergo (3) For all other vessels, apply not be remeasured. alterations resulting in a change in its thresholds in effect before July 19, 1994 (b) Remeasurement must also be tonnage of a magnitude deemed by the using the vessel’s Regulatory performed as follows: Commandant to constitute a substantial Measurement System tonnage, and all (1) When there is a perceived error in variation in its tonnage. other thresholds using the vessel’s the application of this part, the vessel (B) For a foreign flag vessel, this Convention Measurement System owner should contact the responsible Article allows associated tonnage tonnage. measurement organization. thresholds in effect on or before July 18, (d) Alternate Tonnage. Remeasurement is performed to the 1994, to be applied, at the vessel (1) Alternate tonnage is a regulatory extent necessary to verify and correct owner’s option, using the foreign framework established by Public Law the error. country’s national measurement system 104–324, which authorizes the Coast (2) At the vessel owner’s option, to tonnage to a vessel whose keel was laid Guard to establish tonnage thresholds reflect the latest tonnage measurement on or before July 18, 1982, and which based on the Convention Measurement rules and associated interpretations did not subsequently undergo System as an alternative to tonnage under this part. alterations resulting in a change in its thresholds based on the Regulatory (c) If a remeasurement or adjustment tonnage of a magnitude deemed by that Measurement System. Although Public of tonnage is required, the organization country to constitute a substantial Law 104–324 addresses only thresholds will issue a new tonnage certificate. variation in its tonnage. in Federal statutes, it does not preclude * * * * * (ii) International Maritime establishing alternate tonnage ■ 12. Add § 69.20 to read as follows: Organization (IMO) Resolutions A.494 thresholds for Federal regulations that (XII) of November 19, 1981 and A.541 § 69.20 Applying tonnage thresholds. currently specify thresholds that were (XIII) of November 17, 1983. based on the Regulatory Measurement (a) General. Tonnage thresholds are (A) For a U.S. flag vessel, these System, where appropriate. applied using the vessel’s tonnage resolutions allow tonnage thresholds in (2) A vessel regulated to an alternate assigned under this part, and as effect on July 18, 1994 to be applied tonnage threshold established under provided for by paragraphs (b) through using the gross register tonnage this part must not be measured under (d) of this section. In general, and except (Regulatory Measurement System), to a the Regulatory Measurement System. as under paragraphs (b) and (c) of this vessel whose keel was laid on or after section, tonnage thresholds expressed in July 18, 1982 but before July 19, 1994, § 69.25 [Amended] terms of ‘‘gross tonnage,’’ ‘‘gross tonnage and which did not subsequently ■ 13. Amend § 69.25 as follows: ITC,’’ or ‘‘GT ITC’’ are applied using undergo alterations resulting in a ■ a. In paragraph (a), after the words Convention Measurement System change substantially affecting its ‘‘General violation. The’’, add the word tonnage (if assigned) and thresholds tonnage as deemed by the Commandant. expressed in terms of ‘‘gross tons,’’ (B) For a foreign flag vessel, these ‘‘vessel’’; and ‘‘registered gross tons,’’ or ‘‘GRT’’ are resolutions allow tonnage thresholds in ■ b. In paragraphs (a) and (b), remove applied using the Regulatory effect on July 18, 1994 to be applied, at the figure ‘‘$20,000’’, and add, in its Measurement System tonnage (if the vessel owner’s option, using the place, the figure ‘‘$30,000’’. assigned). Similarly, in general, and foreign country’s national measurement ■ 14. Amend § 69.27 as follows: except as under paragraphs (b) and (c) system tonnage, to a vessel whose keel ■ a. Revise paragraphs (a), (b) of this section, tonnage thresholds was laid on or after July 18, 1982, but introductory text, (b)(4), and (b)(5) to expressed in terms of ‘‘net tonnage,’’ on or before July 18, 1994, and which read as follows; and ‘‘net tonnage ITC,’’ or ‘‘NT ITC’’ are did not undergo alterations after July 18, ■ b. In paragraphs (c)(3) and (c)(4), applied using Convention Measurement 1994 of a magnitude deemed by that remove the words ‘‘Convention, System tonnage (if assigned) and country to constitute a substantial Standard, and Dual Measurement thresholds expressed in terms of ‘‘net variation in its tonnage subject to the Systems’’ and add, in their place, the tons,’’ ‘‘registered net tons,’’ or ‘‘NRT’’ provisions of these resolutions. words ‘‘subparts B, C, or D of this part’’.

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§ 69.27 Delegation of authority to measure § 69.55 [Amended] of structural boundary surfaces in all vessels. ■ 17. Amend § 69.55 paragraph (d) by other vessels. (a) Under 46 U.S.C. 14103, the Coast removing the words ‘‘and year’’ and by ■ 23. Revise § 69.69 to read as follows: adding, after the word ‘‘built’’, the Guard is authorized to delegate to a § 69.69 Tonnage certificates. ‘‘qualified person’’ the authority to words ‘‘and delivery date (or scheduled measure and certify U.S. flag vessels delivery date)’’. (a) On request of the vessel owner, the under this part. authorized measurement organization § 69.57 [Amended] must issue an International Tonnage (b) Authority to measure and certify ■ 18. Amend § 69.57 as follows: Certificate (1969) as evidence of the U.S. flag vessels under the Convention ■ a. In the section heading, add the vessel’s measurement under this subpart Measurement System and Standard and word ‘‘ITC’’ after the words ‘‘Gross for a vessel that is 24 meters (79.0 feet) Dual Regulatory Measurement Systems tonnage’’; and or more in registered length, will engage may be delegated to an organization ■ b. After the words ‘‘Gross tonnage’’ on a foreign voyage, and is not a vessel that: and the text ‘‘GT’’, wherever they of war. The Certificate is delivered to * * * * * appear, add the word ‘‘ITC’’. the vessel owner or master and must be (4) Is capable of providing all maintained on board the vessel when it § 69.59 [Amended] measurement services under subparts B, is engaged on a foreign voyage. For a ■ C, or D of this part for vessels 19. In § 69.59, at the end of the vessel for which a remeasurement under domestically and internationally; section, add a sentence to read as § 69.71 of this subpart resulted in a net (5) Maintains a tonnage measurement follows: tonnage ITC decrease due to changes staff that has practical experience in § 69.59 Enclosed spaces. other than alterations or modifications measuring U.S. flag vessels under * * * Portable enclosed spaces, to the vessel deemed by the subparts B, C, or D of this part; and regardless of method of attachment to Commandant to be of a major character, * * * * * the vessel, are treated as enclosed an International Tonnage Certificate (1969) reflecting the decreased net ■ 15. Add § 69.28 to read as follows: spaces as defined in this section. ■ 20. Amend § 69.61 as follows: tonnage ITC will not be reissued until § 69.28 Acceptance of measurement by a ■ a. Revise paragraph (a) to read as set 12 months have elapsed from the date foreign country. out below; and of measurement indicated on the (a) The Commandant must accept the ■ b. In paragraph (g), remove the words current certificate. measurement of a foreign flag vessel by ‘‘paragraphs (b) through (f)’’ and add, in (b) If an International Tonnage a foreign country as complying with their place, the words ‘‘paragraphs (a) Certificate (1969) is not issued for a subpart B of this part if— through (f)’’. vessel measured under this part, the measurement organization must issue a (1) The vessel was measured under § 69.61 Excluded spaces. U.S. Tonnage Certificate as evidence of the terms of the Convention and the (a) Excluded space means an enclosed the vessel’s measurement under this foreign country is party to the space which is excluded from the total subpart, which must also indicate the Convention; or volume of all enclosed spaces (V) in vessel’s measurement under any other (2) The Commandant finds that the calculating gross tonnage ITC. Spaces subpart of this part. There is no laws and regulations of that country that are below the upper deck and open requirement to maintain the U.S. related to measurement are similar to to the sea, as well as those spaces listed Tonnage Certificate on board the vessel. those of subpart B of this part. in paragraphs (b) through (f) of this (c) For a vessel that transfers flag to (b) The Commandant may accept the section, are excluded spaces, except as a foreign country that is party to the measurement of a foreign flag vessel by under paragraph (g) of this section. Convention, the International Tonnage a foreign country as complying with * * * * * Certificate (1969) remains valid for a subpart C, D, or E of this part if the period not to exceed 3 months after the Commandant finds that the laws and § 69.63 [Amended] flag transfer, or until an International regulations of that country related to ■ 21. Amend § 69.63 as follows: Tonnage Certificate (1969) is issued measurement are substantially similar to ■ a. In the section heading, add the under authority of the foreign country to those of subpart C, D, or E, respectively, word ‘‘ITC’’ after the words ‘‘Net replace it, whichever is earlier. of this part. tonnage’’; and ■ b. After the words ‘‘net tonnage’’, § 69.71 [Amended] Subpart B—Convention Measurement ‘‘gross tonnage’’, ‘‘GT’’, and ‘‘NT’’, ■ 24. In § 69.71(c)(2), remove the word System wherever they appear, add the word ‘‘Coast Guard’’, and in its place add the word ‘‘Commandant’’. ■ ‘‘ITC’’. 16. Amend § 69.53 by removing the ■ 22. Revise § 69.65 to read as follows: ■ 25. In § 69.73, revise the section definitions of ‘‘Gross tonnage’’ and ‘‘Net heading and paragraph (b) to read as tonnage’’ and by adding the definition § 69.65 Calculation of volumes. follows: of ‘‘Boundary bulkhead’’ to read as (a) Volumes V and Vc used in follows: calculating gross tonnage ITC and net § 69.73 Treatment of novel type vessels. § 69.53 Definitions. tonnage ITC, respectively, must be * * * * * measured and calculated according to (b) Requests for a determination must * * * * * accepted naval architectural practices be submitted to the Commandant, Boundary bulkhead means the for the spaces concerned. explaining the reasons for seeking a bulkhead or partition that separates an (b) Measurements must be taken, determination, and including a enclosed interior space from the regardless of the fitting of insulation or description of the spaces in question, if surrounding weather. In general, the the like, to the inner side of the shell or applicable. exterior bulkhead of a deck structure is structural boundary plating in vessels ■ 26. In § 69.75, revise Figures 1–11 to the boundary bulkhead. constructed of metal, and to the outer read as follows: * * * * * surface of the shell or to the inner side BILLING CODE 9110–04–P

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§ 69.75 Figures.

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BILLING CODE 9110–04–C § 69.101 [Amended] ■ b. Add, in alphabetical order, the definitions of ‘‘Line of the normal Subpart C—Standard Regulatory ■ 28. In § 69.101, after the word frames’’, ‘‘Line of the ordinary frames’’, Measurement System ‘‘Standard’’, add the word ‘‘Regulatory’’. ‘‘Normal frame’’, ‘‘Ordinary frame’’, ■ 29. Amend § 69.103 as follows: ■ 27. Revise the heading for Subpart C ‘‘Tonnage interval’’, ‘‘Tonnage station’’, ■ a. In the definition of ‘‘Gross to read as shown above. ‘‘Water ballast double bottom’’, and tonnage’’, after the word ‘‘Gross’’, add ‘‘Zone of influence method’’ to read as the word ‘‘register’’; set forth below;

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■ c. In the definition of ‘‘Net tonnage’’, associated with these spaces to the (1) Through-deck openings that are after the word ‘‘Net’’, add the word sectional areas at adjacent under-deck not protected from the sea and the ‘‘register’’; and tonnage stations, depending on their weather, such as would be provided by ■ d. Revise the definitions of proximity to those stations. For stations hatch covers or a surrounding ‘‘Superstructure’’ and ‘‘Uppermost for which the under-deck sectional areas superstructure that encloses the opening complete deck’’ to read as set forth are multiplied by four, the zone of and whose area is more than 10 percent below. influence extends two-thirds of a of the total deck area from stem to stern tonnage interval on either side of the as viewed from above. § 69.103 Definitions. under-deck station, and for the (2) Middle line openings conforming * * * * * remaining stations, the zone of to the requirements of § 69.117(e)(2). Line of the normal frames means the influence extends one-third of a tonnage (3) Deck recesses that are not through- imaginary horizontal line that connects interval on either side of the station. hull for which the depth of the deck the inboard faces of the smallest normal recess at its deepest point is more than frames. § 69.105 [Amended] 5 feet below adjacent portions of the Line of the ordinary frames means the ■ 30. Amend § 69.105 paragraph (d) by deck, and whose area (as viewed from line of intersection of the imaginary removing the words ‘‘and year’’, and, above) is more than 10 percent of the surface or surfaces tangent to the after the word ‘‘built’’, adding the words total deck area from stem to stern, as inboard faces of the ordinary frames (or ‘‘and delivery date (or scheduled viewed from above. the inside of the vessel’s skin, if there delivery date)’’. (4) Notches bound by a deck below are no ordinary frames), and the ■ 31. Amend § 69.107 as follows: that wrap around from the ends to the imaginary plane running transversely ■ a. Revise the section heading, sides of the vessel for which the depth through the vessel at the tonnage station paragraph (a) introductory text, and at the deepest point is more than 5 feet of interest. paragraph (b) to read as set forth below; below adjacent portions of the deck, the and area is more than 1 percent of the total * * * * * ■ b. Add paragraph (c). Normal frame means a frame, deck area from stem to stern as viewed regardless of size, used to stiffen a § 69.107 Gross and net register tonnage. from above, the length of the notch in the direction of the vessel’s longitudinal structure. (a) The vessel’s gross register tonnage axis exceeds 10 feet at any point across Ordinary frame means a primary side is the sum of the following tonnages, its width, and the width of the notch in or bottom frame or floor used for less the tonnages of certain spaces the direction of the vessel’s longitudinal strengthening the hull. exempt under § 69.117: axis exceeds 2 feet at any point along its * * * * * * * * * * length. Superstructure means all permanently (b) The vessel’s net register tonnage is ■ 33. Amend § 69.109 as follows: closed-in structures, including all the gross register tonnage less ■ a. In paragraph (c) after the words portable enclosed spaces, on or above deductions under §§ 69.119 and 69.121. ‘‘two or less’’, ‘‘more than two’’, and ‘‘is the line of the uppermost complete deck (c) The authorized measurement the second’’, add the word or, if the vessel has a shelter deck, on organization must issue a U.S. Tonnage ‘‘enumerated’’; or above the line of the shelter deck. Certificate as evidence of a vessel’s ■ b. Revise paragraphs (d), (e)(2), (f)(2), Examples of superstructure spaces measurement under this subpart, which (n), and (o)(1) to read as set forth below; include forecastles, bridges, poops, must also indicate the vessel’s ■ c. Add paragraphs (f)(4) and (p) to deckhouses, breaks, portable tanks, and measurement under subpart B of this read as set forth below; modular quarters units. part, if applicable. There is no ■ d. In paragraph (f)(1), after the words * * * * * requirement to maintain the U.S. ‘‘inboard face of the’’, add the word Tonnage interval means the Tonnage Certificate on board the vessel. ‘‘ordinary’’; longitudinal distance between ■ 32. Add § 69.108 to read as follows: ■ e. In paragraph (g)(2), after the words ‘‘division of the tonnage length’’ add the transverse sections of a vessel’s under- § 69.108 Uppermost complete deck. deck, between-deck, or superstructure words ‘‘, whose location is referred to as (a) Defined. ‘‘Uppermost complete when divided into an even number of a tonnage station, and assigned deck’’ means the uppermost deck which equal parts for purposes of volume sequential tonnage station numbers, extends from stem to stern and from integration. beginning at the stem’’; side to side at all points of its length and ■ f. In paragraph (h)(1) remove the word * * * * * is bound by the vessel’s hull. ‘‘cellular’’ and add, in its place, the Tonnage station means the (b) Restrictions. The uppermost words ‘‘water ballast’’, and in longitudinal location of each transverse complete deck must not— paragraphs (h)(2) and (h)(3), after the section where breadth and depth (1) Extend above any space exempted words ‘‘tank top of a’’, add the words measurements are taken when as open space under paragraph (d) of ‘‘water ballast’’; calculating under-deck volumes under § 69.117; ■ g. In paragraph (i)(3), after the words this subpart. Tonnage stations are (2) Extend below the design waterline, ‘‘Where there is no’’, add the words numbered consecutively from fore to aft, except in the case of vessels such as ‘‘water ballast’’; beginning with the number one. submersibles, where the entire ■ h. In paragraph (i)(4) remove the word Uppermost complete deck is defined uppermost complete deck is submerged ‘‘certerline’’ and add, in its place, the in § 69.108 of this subpart. during normal operations; or word ‘‘centerline’’; and Water ballast double bottom means a (3) Rest directly on consecutive or ■ i. In paragraph (m), after the words space at the bottom of a vessel between alternating ordinary bottom frames or ‘‘six inches in height in its’’, add the the inner and outer bottom plating, used floors for a distance of over one-half of words ‘‘water ballast’’. solely for water ballast. the tonnage length. Zone of influence method means a (c) Deck discontinuities. Decking § 69.109 Under-deck tonnage. Simpson’s first rule integration method athwartships of the following deck * * * * * for determining volumes of under-deck discontinuities is not considered to be (d) Enumerating the decks to identify spaces that limits the sectional areas part of the uppermost complete deck: the second deck from the keel. The

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uppermost complete deck is an intersecting frame used to strengthen frames’’ and add, in their place, the enumerated deck. Decks below the the vessel’s hull, except in a vessel of words ‘‘normal frames’’; and uppermost complete deck that extend wooden construction. Ordinary frames ■ c. In paragraph (c)(3), remove the from stem to stern and side to side at all must be of the same material, or have words ‘‘between the faces of the normal points along their lengths are also the same material properties, as the side frames’’; and after the words ‘‘of the enumerated, provided they are not adjacent hull, and attach to the adjacent space’’, add the words ‘‘to the line of the disqualified by either of the following hull to at least the same extent as normal frames’’. deck discontinuities: adjacent ordinary and normal frames. If (1) A through-deck opening that is not comprised of different elements, the § 69.111 Between-deck tonnage. fitted with a cover (or equivalent) and elements must be joined to each other * * * * * whose area is more than 10 percent of to the same extent that the frame is (b) * * * the total deck area, as viewed from joined to the hull. The frame, or (2) If the uppermost complete deck is above. portions thereof, not meeting these stepped, the line of the uppermost (2) A deck recess that is not through- requirements must be treated as if not complete deck is the longitudinal line of hull for which the depth at its deepest there when establishing the line of the the underside of the lowest portion of point is more than 5 feet below adjacent ordinary frames. that deck parallel with the upper portions of the deck and whose area as (2) Frame spacing and extension. portions of that deck. Steps that do not viewed from above is more than 10 Ordinary frames used to establish the extend from side to side or are less than percent of the total deck area from stem line of the ordinary frames must be 3 feet in length are ignored when to stern, as viewed from above. spaced on centers that are a maximum establishing the line of the uppermost (e) * * * of 4 feet apart. These frames must complete deck. Spaces between the line (2) If the tonnage deck is stepped, the extend for a length of at least one of the uppermost complete deck and the line of the tonnage deck is the tonnage interval that begins at, ends at, higher portions of the deck are included longitudinal line of the underside of the or crosses the associated tonnage in superstructure tonnage. lowest portion of that deck parallel with station. For a longitudinally-framed * * * * * the upper portions of that deck. Steps vessel, the frames must begin and end ■ 35. Amend § 69.113 as follows: that do not extend from side to side or at a transverse ordinary frame or at the ■ a. Revise paragraphs (a) and (b)(1) to are less than 3 feet in length are ignored vessel’s hull. read as set forth below; when establishing the line of the (3) Different sized framing. When an ■ b. In paragraph (b)(3), after the words tonnage deck. (See § 69.123, figures 1 ordinary frame has a different depth of ‘‘inside breadth’’, add the words ‘‘to the and 2.) Spaces between the line of the frame than an adjacent ordinary frame, line of the normal frames’’; and ■ tonnage deck and the higher portions of the line of ordinary frames is c. In paragraph (f), add a sentence to that deck are not included in under- established using the set of alternating the end of the paragraph to read as set deck tonnage. frames that yields the smallest sectional forth below. (f) * * * area at the associated tonnage station, § 69.113 Superstructure tonnage. (2) For a vessel having a headblock or with the sectional area based on the (a) Defined. ‘‘Superstructure tonnage’’ square end with framing which extends frame with the smallest depth of frame from the tonnage deck to the bottom of means the tonnage of all superstructure in the chosen alternating set. spaces. the vessel, the tonnage length terminates (4) Frame openings. If an opening in on the inboard face of the headblock or (b) * * * an ordinary frame exceeds an area of (1) Measure the length of each ordinary end frames. (See § 69.123, 255 square inches (345 square inches in figure 4.) structure along its centerline at mid- a fuel tank), or is penetrated by a frame height to the line of the normal frames. * * * * * other than an ordinary frame, the line of (See § 69.123, figure 11.) (4) The forward and after termini of the ordinary frames is established as if * * * * * the tonnage length must be a distance of the frame material above and inboard of (f) * * * All measurements are no more than 81⁄2 feet from the the opening is not there. Similarly, terminated at the line of the normal associated inboard surface of the skin of frame material separating adjacent frames. the hull at the bow and stern as openings that are within the longest ■ 36. Revise § 69.115(c) to read as measured at the centerline of the vessel, linear dimension of either opening must follows: and the after terminus must not be be treated as if not there when forward of the centerline of the establishing the line of the ordinary § 69.115 Excess hatchway tonnage. rudderstock. frames. * * * * * * * * * * (5) Asymmetrical framing. Where (c) From the sum of the tonnage of the (n) Spaces open to the sea. In ordinary frames are configured such that hatchways under this section, subtract calculating the tonnage of spaces below the line of the ordinary frames would be one-half of one percent of the vessel’s the uppermost complete deck, subtract asymmetrical about the centerline of the gross register tonnage exclusive of the from each breadth measurement the vessel, breadth measurements are hatchway tonnage. The remainder is portion of that measurement that spans determined by taking half-breadths on added as excess hatchway tonnage in a space, or a portion thereof, that is the side of the vessel that yields the calculating the gross register tonnage. open to the sea. greatest sectional area at the associated ■ 37. Amend § 69.117 as follows: (o) * * * tonnage station, and multiplying those ■ a. Revise the section heading and (1) An open vessel is a vessel without half-breadths by a factor of two to yield paragraphs (c)(3), (d)(1), (d)(2) an uppermost complete deck. the full breadths. introductory text, and (d)(2)(i) to read as * * * * * ■ 34. Amend § 69.111 as follows: set forth below; (p) General requirements on ordinary ■ a. Revise paragraph (b)(2) to read as ■ b. In paragraph (a), remove the word frames. set forth below; ‘‘gross’’; (1) Construction. An ordinary frame ■ b. In paragraph (c)(1), remove the ■ c. Remove paragraphs (c)(4) and must not be penetrated by an words ‘‘inboard face of the normal side (f)(4)(iii);

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■ d. Redesignate paragraphs (f)(4)(iv) complete deck that are under cover (8) A structure is considered open to through (f)(4)(ix) to (f)(4)(iii) through (sheltered), but open to the weather are the weather if— (f)(4)(viii), respectively; exempt from tonnage as open space. The (i) Both sides of the structure are open ■ e. In paragraph (d)(3) introductory following additional requirements and not fitted with any means of closing text, after the text ‘‘(d)(2)(i)’’, add the apply: other than temporary covers meeting the text ‘‘, (d)(2)(ii), and’’; remove the word (i) If a structure is divided into requirements of paragraphs (d)(4), (d)(5), ‘‘through’’; and add as the last sentence, compartments, only those and (d)(6) of this section; ‘‘The following additional requirements compartments which are open to the (ii) The openings are directly across apply:’’; weather are exempt from tonnage under from each other, are not separated by a ■ f. Add paragraphs (d)(3)(i), (d)(3)(ii), the provisions of this section. and (d)(8) to read as set forth below; bulkhead or bulkheads, and do not have (ii) Open space cannot progress 1 ■ g. In paragraphs (d)(5)(ii) and vertically through openings in a deck any permanent obstruction within 2 ⁄2 (d)(6)(iii), after the words ‘‘tightly within the structure. feet of either opening; and against the’’, add the words ‘‘weather (iii) A space that is outside a (iii) The openings have a continuous side of the’’; structure’s boundary bulkhead as height of at least 3 feet, or the full height ■ h. In paragraph (d)(7), remove the defined in § 69.53 is considered open to of the structure, whichever is less, and initial word ‘‘A’’, and add, in its place, the weather provided the space is either extend the full length of the the words ‘‘Notwithstanding the eligible to be treated as an excluded structure or each have an area of 60 opening size requirements of space under the provisions of § 69.61, square feet. paragraph(d)(2) of this section, a’’; regardless of whether or not the space ■ * * * * * i. In paragraph (e) introductory text, is fitted with means designed for remove the words ‘‘next lower deck’’ securing cargo or stores. § 69.119 [Amended] and add, in their place, the words (2) A structure is considered open to ■ 38. Amend § 69.119 as follows: ‘‘uppermost complete deck’’; the weather when an exterior end ■ j. In paragraph (e)(1), remove the ■ a. In the section heading and bulkhead of the structure is open and, words ‘‘next lower deck’’, and add, in paragraph (a), remove the word ‘‘gross’’; except as provided in paragraphs (d)(4), their place, ‘‘uppermost complete and (d)(5), and (d)(6) of this section, is not deck’’, and after the words ‘‘exempt ■ fitted with any means of closing. To be b. In paragraphs (d) and (m), after the from’’, delete the word ‘‘gross’’; word ‘‘gross’’, add the word ‘‘register’’. ■ k. In paragraph (e)(2)(v), add as the considered open to the weather, the end ■ 39. Amend § 69.121 as follows: last sentence, ‘‘Battening, caulking, bulkhead must not have a coaming seals, or gaskets of any material may not height of more than 2 feet in way of any ■ a. In paragraphs (a), (b)(2)(vii), (d)(3), be used in association with any middle required opening nor any permanent (e)(1), (e)(2)(i) through (e)(2)(iii), and 1 line opening cover.’’; obstruction within 2 ⁄2 feet of the (e)(3)(i) through (e)(3)(iii), after the word ■ l. In paragraph (f) introductory text, opening, it must be fitted with a deck ‘‘gross’’, wherever it appears, add the remove the word ‘‘gross’’; or platform that is a minimum of 21⁄2 word ‘‘register’’; and in paragraphs ■ m. In paragraph (f)(4), after the words feet wide on the exterior side of the (e)(2)(iii) and (e)(3)(iii), remove the ‘‘to be exempted from’’, remove the opening, and it must have one of the words ‘‘vessel’s owner’’ and add, in word ‘‘gross’’, and after the words following: their place, the words ‘‘vessel owner’’; ‘‘percent of the vessel’s gross’’, add the (i) Two openings, each at least 3 feet and wide and at least 4 feet high in the clear, word ‘‘register’’; ■ b. In paragraph (b)(1), remove the ■ one on each side of the centerline of the n. In paragraph (f)(5), add as the last word ‘‘gross’’, wherever it appears; and sentence, ‘‘Changes in vessel service structure. If the openings lead to two ■ must also be reported if a water ballast separate interior compartments, there c. Revise paragraph (d)(1) to read as justification was required to be must be circulation of open space follows: submitted for the vessel.’’; and between the two compartments via a § 69.121 Engine room deduction. ■ o. In paragraph (g)(3), after the words single such opening, or series of such * * * * * ‘‘under-deck was divided’’, add the openings, in the intermediate words ‘‘, and the zone of influence bulkhead(s). (d) * * * method must be applied if the ordinary * * * * * (1) Under § 69.117(b)(4), framed-in frames upon which the under-deck (3) * * * spaces located above the line of the breadth measurements are based do not (i) For the interior compartment to be uppermost complete deck and used for have the same depth of frame’’. considered open to the weather, any propelling machinery or for admitting light or air to a propelling machinery § 69.117 Spaces exempt from inclusion in compartment or series of compartments tonnage. from which the open space progresses space are exempt from inclusion in must have an opening or openings tonnage. However, upon written request * * * * * to a measurement organization listed in (c) * * * meeting the requirements for end (3) A passenger space located on, or bulkhead openings, except that the § 69.15, the vessel owner may elect to above the first deck above the opening(s) need not be located in the have these spaces included in uppermost complete deck is exempt forward or after end of the calculating the gross register tonnage, from tonnage. To qualify as the first compartment. then deducted from the gross register deck above the uppermost complete (ii) Open space may not progress from tonnage as propelling machinery spaces deck, the deck must be at least 6 inches a space that is open under the under paragraph (b)(2)(viii) of this above the uppermost complete deck at provisions of paragraph (d)(1)(iii) of this section when calculating the net register all points along its length. section unless the space may also be tonnage. (d) * * * considered open under another ■ 40. In § 69.123, revise Figures 1–14 to (1) Structures that are located on or provision of this section. read as follows: above the line of the uppermost * * * * * BILLING CODE 9110–04–P

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§ 69.123 Figures.

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BILLING CODE 9110–04–C § 69.153 [Amended] § 69.159 [Amended] ■ Subpart D—Dual Regulatory 43. In § 69.153, after the words ‘‘two ■ 46. In § 69.159, remove the words ‘‘for Measurement System gross’’ and ‘‘higher gross’’, add the word the Standard Measurement System’’. ‘‘register’’. ■ 47. Amend § 69.161 as follows: ■ 41. Revise the heading of subpart D to § 69.155 [Amended] ■ a. Revise the section heading to read read as shown above. ■ 44. In § 69.155, remove the words ‘‘the as set forth below; ■ b. In paragraphs (a) introductory text, § 69.151 [Amended] Dual Measurement System’’ and add, in their place, the words ‘‘this subpart’’ (a)(5), and (b), after the word ‘‘gross’’, ■ 42. In § 69.151, after the words ‘‘one and remove the words ‘‘the Standard add the word ‘‘register’’; net’’ and ‘‘two net’’, add the word Measurement System in’’. ■ c. In paragraph (b) after the word ‘‘register’’, and remove the words ‘‘the ‘‘net’’ add the word ‘‘register’’; and § 69.157 [Amended] Dual Measurement System’’ and add, in ■ d. Add paragraph (c) to read as their place, the words ‘‘this subpart’’. ■ 45. In § 69.157, in the definitions of follows: ‘‘Gross tonnage’’ and ‘‘Net tonnage’’, before the word ‘‘tonnage’’, add the § 69.161 Gross and net register tonnages. word ‘‘register’’. * * * * *

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(c) The authorized measurement ■ a. In the section heading, remove the § 69.177 [Amended] organization must issue a U.S. Tonnage word ‘‘gross’’. ■ 54. Amend § 69.177 as follows: ■ b. In § 69.169, remove the word Certificate as evidence of a vessel’s ■ measurement under this subpart, which ‘‘gross’’, wherever it appears. a. In paragraph (a)(1), remove the must also indicate the vessel’s words ‘‘the Dual Measurement System’’ § 69.173 [Amended] measurement under subpart B of this and add, in their place, the words ‘‘this ■ part, if applicable. There is no 52. In § 69.173, before the word subpart’’; requirement to maintain the U.S. ‘‘tonnage’’, wherever it appears, add the ■ b. In paragraph (a)(6)(i), after the Tonnage Certificate on board the vessel. word ‘‘register’’. words ‘‘one net’’, add the word ‘‘register’’; § 69.175 [Amended] § 69.163 [Amended] ■ ■ c. In paragraph (c), after the word ■ 48. In § 69.163, remove the words ‘‘the 53. Amend § 69.175 as follows: ■ a. In paragraph (a), after the words ‘‘two net’’, add the word ‘‘register’’; and dual Measurement System’’ and add, in ‘‘two net’’, add the word ‘‘register’’; and ■ d. In paragraph (d), after the words their place, the words ‘‘this subpart’’. remove the words ‘‘one net tonnage’’, ‘‘side of the vessel’’ add the words ‘‘, § 69.165 [Amended] and add, in their place, the words ‘‘one except in the case of a freeboard deck ■ 49. In § 69.165, remove the words ‘‘the net register tonnage corresponding to line mark placed at the location of the dual Measurement System’’ and add, in the lower gross and net register second deck if the second deck is the their place, the words ‘‘this subpart’’. tonnages’’; actual freeboard deck for purposes of a ■ b. In paragraph (b), after the words vessel’s load line assignment’’. § 69.167 [Amended] ‘‘two net’’, add the word ‘‘register’’; and ■ 55. In § 69.181, revise Examples (1) ■ 50. In § 69.167, remove the words ‘‘the ■ c. In paragraph (c), after the words and (2) to read as follows: dual Measurement System’’ and add, in ‘‘low net’’, add the word ‘‘register’’, and their place, the words ‘‘this subpart’’. after the words ‘‘On these vessels,’’ add § 69.181 Locating the line of the second the words ‘‘a load line must be assigned deck. § 69.169 [Amended] at a level below the line of the second * * * * * ■ 51. Amend § 69.169 as follows: deck, and’’. BILLING CODE 9110–04–P

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■ 56. In § 69.183(a), (b), and (c), revise § 69.183 Figures. the images to read as follows: (a) * * *

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(b) * * *

(c) * * *

BILLING CODE 9110–04–C Subpart E—Simplified Regulatory § 69.201 [Amended] Measurement System ■ 58. In § 69.201, after the word ‘‘Simplified’’ and before the word ■ 57. Revise the heading to Subpart E to ‘‘Measurement’’, add the word read as shown above. ‘‘Regulatory’’.

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■ 59. Revise § 69.205 to read as follows: (5) Overall length, breadth, and depth ■ c. In paragraphs (b) introductory text, of vessel and each of the vessel’s (b)(1)(i), (b)(1)(ii), and (b)(2), after the § 69.205 Application for measurement individual hulls. words ‘‘net’’ and ‘‘gross’’, wherever they services. (6) Location of any propelling appear, add the word ‘‘register’’; and (a) Except as noted under paragraph machinery (e.g., inside or outside of the ■ d. Add paragraph (c) to read as (c) of this section, to apply for hull). follows: measurement under this subpart, the (7) Dimensions of the principal deck § 69.209 Gross and net register tonnages. vessel owner must complete an structure, if its volume exceeds the Application for Simplified volume of the hull. * * * * * Measurement (form CG–5397). If the (c) At the vessel owner’s option, a (c) Certification of measurement. For vessel is documented, or intended to be Builder’s Certification and First Transfer a vessel that is documented as a vessel documented, as a vessel of the United of Title (form CG–1261) which includes of the United States under part 67 of States under part 67 of this chapter, the the same information specified in this chapter, the vessel’s Certificate of vessel owner must submit the paragraph (b) of this section may be Documentation serves as evidence of application form to the National Vessel submitted to the National Vessel measurement under this subpart. For all Documentation Center. Otherwise, the Documentation Center instead of the other vessels, a completed Application form is not further processed, but may Application for Simplified for Simplified Measurement (form CG– be retained, at the vessel owner’s Measurement for a vessel that is 5397) serves as evidence of the tonnage option, as evidence of the tonnage documented, or intended to be measurement under this part. ■ measurement under this part. documented, as a vessel of the United 62. Add § 69.211 to read as follows: (b) The Application for Simplified States under part 67 of this chapter. § 69.211 Treatment of novel type vessels. Measurement (form CG–5397) must Refer questions regarding the include the following information: § 69.207 [Amended] ■ application of the tonnage measurement (1) Vessel’s name and number (e.g., 60. In § 69.207(a), remove the word ‘‘half’’; and remove the text ‘‘.05’’ and rules under this subpart to novel type official number, International Maritime vessels to the Commandant. Organization (IMO) number, Coast add, in its place, the word ‘‘tenth’’. ■ Dated: March 25, 2014. Guard number). 61. Amend § 69.209 as follows: ■ a. Revise the section heading to read J.G. Lantz, (2) Vessel hull identification number as set forth below; Director of Commercial Regulations and or other number assigned by builder. ■ b. In paragraph (a), after the word Standards, U.S. Coast Guard. (3) Hull material. ‘‘gross’’, wherever it appears, add the [FR Doc. 2014–07321 Filed 4–7–14; 8:45 am] (4) Hull shape. word ‘‘register’’; BILLING CODE 9110–04–P

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