
[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Proposed Rules]
[Pages 19419-19452]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07321]



[[Page 19419]]

Vol. 79

Tuesday,

No. 67

April 8, 2014

Part II





 Department of Homeland Security





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 Coast Guard





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46 CFR Part 69





 Tonnage Regulations Amendments; Proposed Rule

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

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 69

[Docket No. USCG-2011-0522]
RIN 1625-AB74


Tonnage Regulations Amendments

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its tonnage regulations by 
implementing amendments to the tonnage measurement law made by the 
Coast Guard Authorization Act of 2010. This rulemaking would also 
codify principal technical interpretations issued by the Coast Guard, 
and incorporate administrative, non-substantive clarifications of and 
updates to the tonnage regulations. The Coast Guard believes these 
changes will lead to a better understanding of regulatory requirements.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before July 7, 2014 
or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0522 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call or email Mr. Marcus Akins, Marine Safety Center, Tonnage 
Division (MSC-4), Coast Guard; telephone (703) 872-6787, email 
Marcus.J.Akins@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
    D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
V. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Public Participation and Request for Comments

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

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2011-0522), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. We recommend that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov and 
insert ``USCG-2011-0522'' in the ``Search'' box. Click on ``Submit a 
Comment'' in the ``Actions'' column. If you submit your comments by 
mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit comments by mail and would like to know that they reached the 
Facility, please enclose a stamped, self-addressed postcard or 
envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov and 
insert ``USCG-2011-0522'' in the ``Search'' box. Click ``Search.'' 
Click the ``Open Docket Folder'' in the ``Actions'' column. If you do 
not have access to the Internet, you may view the docket online by 
visiting the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. We have an agreement 
with the Department of Transportation to use the Docket Management 
Facility.

C. Privacy Act

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

D. Public Meeting

    We plan to hold one public meeting on this NPRM. We will publish a 
notice with the specific date and location of the meeting in the 
Federal Register as soon as we know this information. Individuals 
interested in receiving this notice personally should submit their 
contact information to ``msc@uscg.mil'' with ``Tonnage Public Meeting'' 
in the subject line. We plan to record this meeting using an audio-
digital recorder and make that audio recording available through a link 
in our online docket. We will also provide a written summary of the 
meeting and comments and will place that summary in the docket.
    For information on facilities or services for individuals with 
disabilities or to request special assistance at the public meeting, 
contact Mr. Marcus Akins at the telephone number or email address 
indicated under the FOR FURTHER INFORMATION CONTACT section of this 
notice.

II. Abbreviations

BLS Bureau of Labor Statistics
CFR Code of Federal Regulations

[[Page 19421]]

FR Federal Register
GRT Gross Register Tons
GT ITC Gross Tonnage Measurement under the Convention Measurement 
System
IMO International Maritime Organization
ITC (1969) International Tonnage Certificate (1969)
MSC Marine Safety Center
MSSC Marine Safety and Security Council
MTN Marine Safety Center Technical Note
NAICS North American Industry Classification System
NEPA National Environmental Policy Act 1969 (42 U.S.C. 432-4370f)
NPRM Notice of Proposed Rulemaking
NT ITC Net tonnage under the Convention Measurement System
NVIC Navigation and Vessel Inspection Circular
Sec.  Section symbol
U.S.C. United States Code

III. Background

    The tonnage measurement law, codified in Title 46, United States 
Code, Subtitle II, Part J, ``Measurement of Vessels,'' provides for 
assignment of gross and net tonnages to any vessel to which a law of 
the United States applies based on the vessel's tonnage. These 
parameters reflect a vessel's size and useful capacity, respectively, 
and are used for a variety of purposes, including the application of 
vessel safety, security, and environmental regulations, and the 
assessment of taxes and fees.
    Depending on the vessel's size, voyage type, and other 
considerations, vessels are measured under the newer internationally-
based Convention Measurement System, or the older domestic Regulatory 
Measurement System, of which there are three sub-systems: The Standard, 
Dual, and Simplified systems. Because variations between the two 
overarching systems may yield substantively different tonnages, the 
law, as amended in 1986, provides for owners of vessels measured under 
the Convention Measurement System to be additionally measured under the 
Regulatory Measurement System, and to use Regulatory Measurement System 
tonnage when applying certain tonnage-based requirements of older laws.
    The Coast Guard administers the implementing regulations for the 
tonnage measurement law, which are found in Title 46, Code of Federal 
Regulations, Part 69, ``Measurement of Vessels'', and referred to as 
the tonnage regulations. Other than several changes of an 
administrative nature, the Coast Guard has not amended these 
regulations since an extensive rewrite in 1989 to reflect changes made 
by the 1986 amendments to the tonnage measurement law.
    Assignment and use of tonnage under four different measurement 
systems presents some unique challenges, especially with regard to 
interpreting requirements on vessel eligibility for measurement under 
these systems, and applying domestic and international tonnage-based 
laws, particularly in situations where two sets of tonnages may be 
assigned to a vessel. To provide clarity and address the complexities 
of tonnage applicability requirements under the 1986 amended law, in 
1993 we issued Navigation and Vessel Inspection Circular (NVIC) 11-93, 
``Application of Tonnage Measurement Systems to U.S. Flag Vessels.'' 
This NVIC has been updated three times and provides current Coast Guard 
interpretations related to vessel eligibility for measurement under the 
various systems, and how the assigned tonnages may be used.
    Additionally, to keep pace with rapidly evolving vessel designs, in 
1999 the Coast Guard issued an additional tonnage interpretative policy 
document: Marine Safety Center Technical Note (MTN) 01-99, ``Tonnage 
Technical Policy.'' That document provides interpretations of the 
detailed rules of the tonnage regulations for measuring vessels and 
calculating tonnages, and was intended primarily for use by 
organizations that perform tonnage measurement work on our behalf. 
However, recognizing the importance of these interpretations to vessel 
designers, builders, owners, and others interested in the tonnage 
rules, we notified the public via the Federal Register when we updated 
MTN 01-99, starting with Change 6 (68 FR 71118 dated December 22, 
2003).
    The Coast Guard Authorization Act of 2010 (Pub. L. 111-281, Title 
III, Sec.  303, Oct. 15, 2010, 124 Stat. 2924) (the 2010 Coast Guard 
Authorization Act) included amendments which updated, clarified, and 
eliminated inconsistencies in the tonnage measurement law, and 
precluded the owners of certain foreign flag vessels that engage solely 
on U.S. domestic voyages from obtaining a future measurement under the 
Regulatory Measurement System. Those amendments require related changes 
to the tonnage regulations. In addition, although NVIC 11-93 and MTN 
01-99, as amended, have proven useful in supplementing the requirements 
of the tonnage regulations, we consider that some of the associated 
interpretations are better suited for codification, and are appropriate 
for inclusion in the tonnage regulations.
    We developed the proposed rule to implement the 2010 amendments to 
the tonnage measurement law, codify principal policy interpretations, 
and incorporate additional clarifications and other administrative 
updates to the tonnage regulations. In identifying interpretations for 
codification, we took into consideration the frequency of their use, 
and potential impact on vessel designs or operations. We also balanced 
the benefit of increased clarity against the loss of flexibility to 
further develop and apply interpretations of a secondary nature to 
evolving ship designs, and to apply superseded interpretations in 
special circumstances under the grandfathering provisions of MTN 01-99, 
as amended. We expect the public to benefit from the proposed rule 
through increased visibility of principal policy interpretations 
applied during tonnage measurement. We also expect the public to 
benefit from the elimination of inconsistencies and incorporation of 
clarifications or updates that are either consistent with longstanding 
Coast Guard policy or reflective of current Coast Guard practice.

IV. Discussion of Proposed Rule

    In the paragraphs below, we discuss the specific proposed 
amendments to the tonnage regulations, along with the reasons for 
implementing them. We organized the discussion according to the subpart 
and section number in which each change would appear in the text of 46 
CFR part 69. Additional information about the need for and impact of 
these proposed amendments is provided in Section V.A., ``Regulatory 
Planning and Review,'' of this rulemaking.

Subpart A--General

Sec.  69.1 Purpose.
    We propose amending this section to align it with Sections 303(c) 
and (f) of the 2010 Coast Guard Authorization Act, which eliminates 
disparate treatment of documented and undocumented U.S. flag vessels, 
and to reflect the use of tonnage for environmental and security 
purposes. In addition, we propose relocating the descriptions of each 
measurement system to the corresponding definitions in Sec.  69.9.
Sec.  69.3 Applicability.
    We propose amending this section to align it with the tonnage 
measurement law, Title 46 U.S.C. 14104, which requires the measurement 
of all U.S. and foreign flag vessels, regardless of size, for which the 
application of an international agreement or other law of the United 
States depends on the vessel's tonnage. This proposed change expands 
the scope of the regulations to apply to foreign flag vessels, as well 
as

[[Page 19422]]

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

[[Page 19423]]

Sec.  69.19 Remeasurement and adjustment of tonnage.
    We propose amending this section to clarify that remeasurement may 
be optionally performed to reflect the latest measurement rules, or may 
be required as a result of a change in the use of spaces or vessel 
service, for example, as might occur if a water ballast justification 
approval was in effect under Sec.  69.117(f)(4). This latter 
requirement is consistent with current practice as guided by NVIC 11-93 
CH-2, MTN 01-98 CH 3 and MTN 01-98 CH 9. In addition, we propose a 
change to delete an outdated and unnecessary reference to the 
documentation regulations.
Sec.  69.20 Applying tonnage thresholds.
    We propose adding this new section to provide comprehensive 
requirements within the tonnage measurement regulations on how tonnage 
thresholds in international agreements and Federal statutes and 
regulations are to be applied, including alternate tonnage thresholds. 
These requirements are based on provisions of the tonnage measurement 
law and the Convention, and are consistent with the interpretations of 
NVIC 11-93, as amended. We intend for this section, along with 
accompanying definitions proposed for Sec.  69.9, to help provide a 
suitable framework for development of future tonnage-based regulations, 
allowing tonnage thresholds to be specified in an unambiguous manner.
Sec.  69.25 Penalties.
    We propose amending this section to reflect implementation of the 
Federal Civil Penalties Inflation Adjustment Act, as amended, which 
increased the civil penalty amounts for a general violation and a false 
statement to $30,000 (74 FR 68150 dated December 23, 2009).
Sec.  69.27 Delegation of authority to measure vessels.
    We propose amending this section to delete an outdated reference to 
49 CFR 1.46 and to make this section consistent with the measurement 
system nomenclature established in Sec.  69.11.
Sec.  69.28 Acceptance of measurement by a foreign country.
    We propose adding this new section to implement the provisions of 
Section 303(i) of the 2010 Coast Guard Authorization Act for accepting 
tonnage assignments for foreign flag vessels measured under laws and 
regulations similar to those in 46 U.S.C. 14501. This section would 
also incorporate the provisions of the tonnage measurement law as 
amended in 1986 for acceptance of tonnage assignments for foreign flag 
vessels measured under laws similar to those in 46 U.S.C. 14306.

Subpart B--Convention Measurement System

Sec.  69.53 Definitions.
    We propose defining the new term ``boundary bulkhead'' based on the 
definition in MTN 01-99, as amended. We also propose deletion of the 
terms ``gross tonnage'' and ``net tonnage'' from this section for the 
reasons described in the discussion of the proposed amendments to Sec.  
69.9.
Sec.  69.55 Application for measurement services.
    We propose amending this section to specify ``delivery date'' 
instead of the less-specific ``build date.''
Sec.  69.57 Gross tonnage ITC.
    We propose to amend this section to reflect new terminology 
proposed in Sec.  69.9, which describes tonnage measured under the 
Convention as gross tonnage ITC (GT ITC).
Sec.  69.59 Enclosed spaces.
    We propose to amend this section to incorporate the concept of 
temporary deck equipment--now generalized to ``portable enclosed 
space''--found in NVIC 11-93, as amended, which states that ``any 
enclosed space of a semi-permanent nature located on the weather decks 
of a vessel and which cannot be considered as deck cargo'' should be 
considered enclosed volume to be included in tonnage.
Sec.  69.61 Excluded spaces.
    We propose incorporating interpretations from MTN 01-99, as 
amended, providing for treatment of a qualifying space ``open to the 
sea'' and below the upper deck as an excluded space.
Sec.  69.63 Net tonnage ITC.
    We propose revising this section to reflect new terminology 
proposed in Sec.  69.9, which describes tonnage measured under the 
Convention as GT ITC and net tonnage ITC (NT ITC).
Sec.  69.65 Calculation of volumes.
    We propose revising this section to delete the reference to 
specific volume calculation methods, including Simpson's first rule of 
integration, because these methods can yield inaccurate results if 
misapplied. Also, we propose revising this section to delete the 
discussion regarding cargo space insulation as this is addressed 
elsewhere in Subpart B.
Sec.  69.69 Tonnage Certificates.
    We propose expanding the text of this section to more completely 
reflect the requirements of the Convention. Specifically, we propose 
adding language to preclude a vessel undergoing an alteration resulting 
in a decrease in net tonnage as measured under the Convention from 
being reissued a new International Tonnage Certificate (ITC (1969)) 
reflecting the lower net tonnage within 12 months following the date of 
the original measurement and allowing a 3-month grace period after flag 
transfer. We also propose expanding the text to reflect tonnage 
certificate practices established in MTN 01-98, as amended, and Section 
303(e) of the 2010 Coast Guard Authorization Act. Specifically, we 
propose to add language requiring the measurement organization to issue 
a U.S. Tonnage Certificate as evidence of measurement under the 
Convention Measurement System if an ITC (1969) is not issued, and 
clarifying that the ITC (1969) is delivered to the owner or master of 
the vessel.
Sec.  69.71 Change of net tonnage.
    We propose replacing ``Coast Guard'' with ``Commandant'' to 
identify the specific Coast Guard office which determines the magnitude 
of an alteration of a major character.
Sec.  69.73 Treatment of unique or otherwise novel type vessels.
    We propose revising the title of this section to make it explicit 
that it addresses ``novel'' vessel types, and to clarify that 
submission of plans and sketches is not required in all cases.
Sec.  69.75 Figures.
    We propose updating the existing figures to resolve minor labeling 
inconsistencies, and for visual clarity.

Subpart C--Standard Regulatory Measurement System

Sec.  69.101 Purpose.
    We propose amending this section to reflect the newly proposed 
title of Subpart C.
Sec.  69.103 Definitions.
    We propose amending this section to reflect new terms and concepts 
introduced in Subpart C of this rule.
    We propose adding ``line of the normal frames'' to describe the 
imaginary horizontal line that connects the inboard faces of the 
smallest normal frames. We propose adding ``tonnage station'' to 
describe the longitudinal location of each transverse section 
corresponding to where depth and

[[Page 19424]]

breadth measurements are taken. We propose adding ``zone of influence 
method'' to describe a method of determining volumes of under-deck 
spaces. We propose amending the terms ``gross tonnage'' and ``net 
tonnage'' to read ``gross register tonnage'' and ``net register 
tonnage'' to reflect newly proposed terminology in Sec.  69.9 (``gross 
register tonnage'' and ``net register tonnage'') used to describe 
tonnages determined under the Standard system. We propose amending the 
term ``superstructure'' to reflect the newly proposed term ``portable 
enclosed spaces.'' We propose amending the term ``uppermost complete 
deck'' to reflect that specific requirements have been established in 
the newly proposed Sec.  69.108.
    We also propose incorporating Standard system terms published in 
MTN 01-99, as amended. These terms include: ``line of the ordinary 
frames,'' ``normal frame,'' ``ordinary frame,'' ``tonnage interval,'' 
and ``water ballast double bottom.'' We propose adding ``line of the 
ordinary frames'' to describe the line of intersection of: 1) The 
imaginary surface running longitudinally that is tangent to the inboard 
faces of the ordinary frames (or the inside of the vessel's skin, if 
there are no ordinary frames); and 2) the imaginary plane running 
transversely through the vessel at the tonnage station of interest. We 
propose adding ``normal frame'' to describe a frame, regardless of 
size, used to stiffen a structure, ``ordinary frame'' to describe the 
primary frames used for strengthening the hull, and ``tonnage 
interval'' to describe the longitudinal distance between transverse 
sections of a vessel's under-deck or superstructure when divided into 
an even number of equal parts for purposes of volume integration. We 
propose adding ``water ballast double bottom'' to describe a space at 
the bottom of a vessel between the inner and outer bottom plating that 
is used solely for water ballast.
Sec.  69.105 Application for measurement services.
    We propose amending this section to be consistent with the proposed 
amendments to Sec.  69.55, which specify ``delivery date'' instead of 
the less specific ``build date.''
Sec.  69.107 Gross and net register tonnages.
    We propose revising the text of this section to reflect newly 
proposed terminology in Sec.  69.9 (``gross register tonnage'' and 
``net register tonnage'') used to describe tonnages determined under 
the Standard system. We also propose adding language to reflect that 
the U.S. Tonnage Certificate issued under Sec.  69.15(d) indicates 
measurement for both the Convention and Regulatory Measurement Systems, 
as applicable, and need not be carried aboard, consistent with Section 
303(e) of the 2010 Coast Guard Authorization Act and MTN 01-98, as 
amended.
Sec.  69.108 Uppermost complete deck.
    We propose this new section to incorporate comprehensive 
requirements related to the ``uppermost complete deck'' as interpreted 
by MTN 01-99, as amended. We propose to restrict the uppermost deck 
from extending above any space exempted as open space, extending below 
the waterline, or resting directly on consecutive or alternating 
ordinary bottom frames or floors for over half of the tonnage length. 
Further, we propose to identify deck discontinuities whose presence 
would disqualify a deck as being the uppermost complete deck, such as 
certain through-deck openings, middle line openings, deck recesses, and 
notches.
Sec.  69.109 Under-deck tonnage.
    We propose revising the text of this section to incorporate the 
following clarifications and principal interpretations of MTN 01-99, as 
amended.
    Identifying the tonnage deck. We propose describing the decks in 
Sec.  69.109(c) as ``enumerated'' decks to clarify that a disqualified 
deck cannot be considered when determining the tonnage deck.
    Enumerating the decks to identify the second deck from the keel. We 
propose revising Sec.  69.109(d) to clarify how enumerated decks are 
determined using the term ``uppermost complete deck'' as proposed in 
this rulemaking. Our intent with this revision is to provide details on 
specific deck discontinuities that may disqualify a deck from being 
enumerated.
    Identifying the line of the tonnage deck. We propose amending Sec.  
69.109(e)(2) to delete the phrase ``at different levels from stem to 
stern'' and replace it with ``is stepped'' to utilize a more commonly 
used term for a deck with multiple heights. We also propose amending 
Sec.  69.109(e)(2) to institute minimum breadth and length criteria for 
steps used in establishing the line of the tonnage deck.
    Tonnage length. We propose modifying Sec.  69.109(f)(1) and (2) to 
reflect that the frames evaluated in determining the tonnage length 
should be the ``ordinary frames.'' Also, we propose deleting the 
sentence ``When a headblock extends inboard past the face of the end 
side frames or when the headblock plates are excessive in length, the 
tonnage length terminates at the extreme end of the vessel less a 
distance equal to the thickness of an ordinary side frame and shell 
plating.'' in paragraph (f)(2). This sentence becomes unnecessary as 
the proposed changes to paragraphs (f)(1) and (2) require that ordinary 
frames determine the tonnage length and not the headblock. We propose 
to further revise the tonnage length language of paragraph (f) by 
adding paragraph (f)(4), which provides for a maximum reduction in 
tonnage length of 8\1/2\ feet from the inboard surface of the skin of 
the hull at the bow and stern, and requires the after terminus of the 
tonnage length to be aft of the rudderstock for vessels fitted with 
one.
    Division of vessel into transverse sections. With the establishment 
of the proposed term ``tonnage station,'' we propose amending Sec.  
69.109(g)(2) to reflect that the vessel should be divided into 
sequentially numbered ``tonnage stations'' beginning at the stem.
    Depths of transverse sections. We propose amending Sec.  69.109(h) 
by replacing the terms ``double bottom'' and ``cellular double bottom'' 
with ``water ballast double bottom'' to reflect that depths of 
transverse sections are measured to only those double bottoms used 
solely for ballast.
    Breadths of transverse sections. We propose amending Sec.  
69.109(i) by replacing the terms ``double bottom'' and ``cellular 
double bottom'' with ``water ballast double bottom'' to reflect that 
depths of transverse sections are measured only to those double bottoms 
used solely for ballast.
    Steps in double bottom. We propose amending Sec.  69.109(m) by 
replacing the term ``double bottom'' with ``water ballast double 
bottom'' to reflect that measurement in parts only applies only to 
those vessels fitted with double bottoms used solely for ballast.
    Spaces open to the sea. We propose revising Sec.  69.109(n) to 
delete the existing language regarding outside shaft tunnel exclusions 
and to insert new language regarding spaces open to the sea. We propose 
deleting language on outside shaft tunnel exclusions because outside 
shaft tunnels are no longer commonly used in vessel construction, and 
because the approach of subtracting out external volumes yields 
inconsistent results depending on the depths of associated ordinary 
frames. We propose the new language on spaces open to the sea to 
provide direction on the measurement treatment

[[Page 19425]]

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

[[Page 19426]]

Sec.  69.119 Spaces deducted from gross register tonnage.
    We propose revising Sec.  69.119 to reflect newly proposed 
terminology in Sec.  69.9 (``tonnage'' and ``net register tonnage'') 
used to describe tonnages determined under the Standard system.
Sec.  69.121 Engine Room Deduction.
    We propose revising Sec.  69.121 to reflect newly proposed 
terminology in Sec.  69.9 (``gross register tonnage'' and ``net 
register tonnage'') used to describe tonnages determined under the 
Standard system.
Sec.  69.123 Figures.
    We propose updating the existing figures to resolve minor labeling 
inconsistencies, and for visual clarity.

Subpart D--Regulatory Measurement System--Dual Measurement

Sec.  69.151 Purpose.
    We propose revising Sec.  69.151 to reflect newly proposed 
terminology in Sec.  69.9 (``tonnage'' and ``net register tonnage'') 
used to describe tonnages determined under the Standard system.
Sec.  69.153 Application of other laws.
    We propose revising the text of this section to reflect newly 
proposed terminology in Sec.  69.9 (``gross register tonnage'') used to 
describe tonnages determined under the Dual system.
Sec.  69.155 Measurement requirements.
    We propose revising the text of this section to delete references 
to the ``Standard Measurement System'' and ``Dual Measurement System'', 
leaving only references to their respective subparts. This change is 
needed to avoid a conflict with proposed revised terminology in Sec.  
69.9 for related terms (``Standard Regulatory Measurement System'' and 
``Dual Regulatory Measurement System'').
Sec.  69.157 Definitions.
    We propose revising Sec.  69.157 to reflect newly proposed 
terminology in Sec.  69.9 (``tonnage'' and ``gross register tonnage'') 
used to describe tonnages determined under the Dual system.
Sec.  69.159 Application for measurement services.
    We propose revising the text of this section to delete the 
reference to the ``Standard Measurement System'', leaving only the 
reference to a specific section in subpart C. This change is needed to 
avoid a conflict with proposed revised terminology in Sec.  69.9 for 
the related term (``Standard Regulatory Measurement System'').
Sec.  69.161 Gross and net register tonnages.
    We propose revising the text of this section to reflect newly 
proposed terminology in Sec.  69.9 (``gross register tonnage'' and 
``net register tonnage'') used to describe tonnages measured under the 
Dual system. We also propose adding language to reflect that the U.S. 
Tonnage Certificate issued under Sec.  69.15(d) indicates measurement 
for both the Convention and Regulatory Measurement Systems, as 
applicable, and need not be carried aboard, consistent with Section 
303(e) of the 2010 Coast Guard Authorization Act and MTN 01-98, as 
amended.
Sec.  69.163 Under-deck tonnage.
    We propose revising the text of this section to delete the 
reference to the ``Dual Measurement System'', leaving only a reference 
to a subpart. This change is needed to avoid a conflict with proposed 
revised terminology in Sec.  69.9 for the related term (``Dual 
Regulatory Measurement System'').
Sec.  69.165 Between-deck tonnage.
    We propose revising the text of this section to delete the 
reference to the ``Dual Measurement System'', leaving only a reference 
to a subpart. This change is needed to avoid a conflict with proposed 
revised terminology in Sec.  69.9 for the related term (``Dual 
Regulatory Measurement System'').
Sec.  69.167 Superstructure tonnage.
    We propose revising the text of this section to delete the 
reference to the ``Dual Measurement System'', leaving only a reference 
to a subpart. This change is needed to avoid a conflict with proposed 
revised terminology in Sec.  69.9 for the related term (``Dual 
Regulatory Measurement System'').
Sec.  69.169 Spaces exempt from inclusion in tonnage.
    We propose revising the text of this section to delete the word 
``gross'', consistent with the proposed revised terminology in Sec.  
69.9 (``tonnage'').
Sec.  69.173 Tonnage assignments for vessels with only one deck.
    We propose revising Sec.  69.173 to reflect newly proposed 
terminology in Sec.  69.9 (``gross register tonnage'' and ``net 
register tonnage'') used to describe tonnages determined under the Dual 
system.
Sec.  69.175 Tonnage assignments for vessels with a second deck.
    We propose revising Sec.  69.175 to reflect newly proposed 
terminology in Sec.  69.9 (``gross register tonnage'' and ``net 
register tonnage'') used to describe tonnages determined under the Dual 
system. Additionally, we propose revising Sec.  69.175 by incorporating 
language from MTN 01-99, as amended, into paragraph (a) to clarify 
which gross and net tonnage should be used when more than one gross and 
one net register tonnage is assigned, and into paragraph (c) by 
requiring a load line to be assigned at a level below the line of the 
second deck.
Sec.  69.177 Markings.
    We propose revising Sec.  69.177 to reflect newly proposed 
terminology in Sec.  69.9 (``gross register tonnage'' and ``net 
register tonnage'') used to describe tonnages determined under the Dual 
system. Additionally, we propose revising paragraph Sec.  69.177(d) to 
add the MTN 01-99, as amended, exception which allows the line of the 
second deck to be marked on the side of the vessel if the second deck 
is the actual freeboard deck for purposes of load line assignment.
Sec.  69.181 Locating the line of the second deck.
    We propose updating the existing examples for visual clarity.
Sec.  69.183 Figures.
    We propose updating the existing figures to resolve minor labeling 
inconsistencies, and for visual clarity.

Subpart E--Simplified Regulatory Measurement System

Sec.  69.201 Purpose.
    We propose amending this section to reflect the newly proposed 
title of Subpart E.
Sec.  69.205 Application for measurement services.
    We propose amending this section to address vessels measured under 
the Simplified system that are not documented as vessels of the United 
States. The proposed text clarifies that a completed application for 
simplified measurement serves as evidence of measurement under the 
Simplified system. As accepted under current Coast Guard practice, 
vessel owners would not have to submit this application to the Coast 
Guard. For consistency with Sec. Sec.  69.55 and 69.105, we also 
propose amending this section to list the vessel information currently 
required to be provided by the owner when completing the Application 
for Simplified Measurement (form CG-5397). We propose deleting 
reference to a specific section of the Builders Certificate and First 
Transfer of Title (form CG-1261). This would enable

[[Page 19427]]

form CG-1261 to be changed without causing a need to revise the tonnage 
regulations.
Sec.  69.207 Measurements.
    We propose relaxing the tolerance on measurements consistent with 
current practice and the instructions on the Application for Simplified 
Measurement (form CG-5397).
Sec.  69.209 Gross and net register tonnages.
    We propose revising Sec.  69.209 to reflect newly proposed 
terminology in Sec.  69.9 (``gross register tonnage'' and ``net 
register tonnage'') used to describe tonnages determined under the 
Standard system. Additionally, we propose revising this section to 
identify that a vessel's Certificate of Documentation serves as 
evidence of measurement under the Simplified system, as described in 
NVIC 11-93, as amended.
Sec.  69.211 Treatment of unique or otherwise novel type vessels.
    We propose adding this section to provide the public with the Coast 
Guard office to contact for questions on a vessel for which the 
simplified measurement rules may not readily be applied.

V. Regulatory Analyses

    The Coast Guard developed this rule after considering numerous 
statutes and executive orders related to rulemaking. Below we summarize 
our analyses based on these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility. This proposed rule is not a significant 
regulatory action under section 3(f) of Executive Order 12866, 
Regulatory Planning and Review, as supplemented by Executive Order 
13563, Improving Regulation and Regulatory Review, and does not require 
an assessment of potential costs and benefits under section 6(a)(3) of 
that Order. The Office of Management and Budget (OMB) has not reviewed 
it under that Order. Nonetheless, we developed an analysis of the costs 
and benefits of the proposed rule to ascertain its probable impacts on 
industry. We consider all estimates and analysis in this Regulatory 
Analysis to be draft and subject to change in consideration of public 
comments.
    A draft Regulatory Assessment follows:
    The primary objective of the proposed rule is to implement 
amendments to the tonnage measurement law made by the 2010 Coast Guard 
Authorization Act. One amendment precludes the owner of a foreign flag 
vessel of 79 feet or more in length that engages solely on U.S. 
domestic voyages from obtaining a future measurement under the 
Regulatory Measurement System, with an exception allowed for a Canadian 
flag vessel operating solely on the Great Lakes. The remaining 
amendments eliminate inconsistencies and incorporate clarifications or 
updates that are either consistent with longstanding Coast Guard policy 
or reflective of current Coast Guard practice.
    In addition, the Coast Guard seeks to facilitate understanding of, 
and compliance with, existing tonnage measurement regulations by 
codifying principal technical interpretations that have been issued by 
the Coast Guard to keep pace with developments in vessel designs. These 
interpretations have been included in Coast Guard policy documents made 
available to the public via Coast Guard Web sites, and are used by 
authorized measurement organizations that perform tonnage work on the 
Coast Guard's behalf. These codifications have been described in the 
section ``Discussion of Proposed Rule''.
    To meet these objectives, the proposed rule would update the 
tonnage regulations to reflect changes mandated by the 2010 Coast Guard 
Authorization Act and codify principal interpretations from Coast Guard 
policy documents. The proposed rule would also incorporate 
clarifications of, and updates to, the tonnage regulations that are of 
an administrative and non-substantive nature.
    Table 1 provides a summary of the 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 tonnage.
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. Facilitates understanding
                                of regulations, leading to more
                                effective and efficient tonnage
                                certifications.
------------------------------------------------------------------------

Affected Population
    The tonnage regulations, as amended by the proposed rule, apply to 
all U.S. and foreign flag vessels to which the application of a law of 
the United States depends on the vessel's tonnage. Once assigned 
initially, tonnages remain valid until a vessel changes flag, or 
undergoes a change that substantially affects its tonnage.
    Because none of the proposed changes are retroactive, the 
population potentially affected by this rulemaking is limited to 
vessels which will be measured in the future, including those 
remeasured following alterations, modifications, or other changes 
substantially affecting their tonnage. The Coast Guard estimates this 
population to be approximately 10,000 vessels each year, based on the 
8,615 simplified measurement applications and 386 formal measurement 
applications submitted annually, and our estimate of approximately 
1,000 additional vessels that are measured annually without the 
submission of a measurement application.\1\
---------------------------------------------------------------------------

    \1\ Refer to Collection of Information 1625-0022 for more 
comprehensive information on measurement application submissions. 
The Coast Guard does not collect information on measurement of 
vessels for which measurement applications are not submitted, but 
estimates that on the order of 1,000 such vessels are measured per 
year based on the number of inquiries received by the Marine Safety 
Center from the public and Coast Guard field units.

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

[[Page 19428]]

Cost Impacts
    Table 2 details 112 changes to the tonnage regulations in the 
proposed rule, with an assessment of the cost impacts of each change. A 
summary follows:
     The single change to implement the statutory amendment 
that would preclude certain foreign flag vessels of 79 ft or more in 
length from being measured under the Regulatory Measurement System 
could potentially prevent operation of a future vessel in a similar 
manner to that of currently operating vessels. No such vessels have 
been brought into service within the last 10 years. Further, other 
options to operate similar vessels (e.g., under U.S. flag) are 
available. Thus, no cost impact from this proposed change is expected.
     The six remaining changes needed for statutory alignment 
are consistent with current Coast Guard interpretations or industry 
practice, and would not result in any additional cost as described in 
the following table.
     The 26 changes related to codification of principal Coast 
Guard technical interpretations would result in no additional cost, 
because the interpretations have been used for tonnage work for 
multiple years.
     The 79 changes labeled ``Administrative'' are of non-
substantive nature and merely provide clarity and would not result in 
any additional cost.
    Overall, the Coast Guard has not identified any costs associated 
with 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
------------------------------------------------------------------------
                           Sec.   69.1 Purpose
------------------------------------------------------------------------
Eliminates the disparate          Mandatory           No cost.
 treatment of documented and       statutory           Consistent with
 undocumented U.S. flag vessels.   alignment.          policy in effect
                                                       since 1993 (NVIC
                                                       11-93).
Expands the explanation of the    Administrative:     No cost.
 use of tonnage to include         Clarification on
 environmental and security        tonnage usage.
 purposes.
Relocates the descriptions of     Administrative:     No cost.
 each measurement system to the    Editorial change
 corresponding definitions in      to improve
 Sec.   69.9.                      usability.
------------------------------------------------------------------------
                        Sec.   69.3 Applicability
------------------------------------------------------------------------
Expands the scope to apply to     Mandatory           No cost.
 foreign flag vessels.             statutory           Consistent with
                                   alignment.          Coast Guard
                                                       practice since
                                                       the 1986
                                                       amendments to the
                                                       tonnage law.
Removes the 5 net ton minimum     Administrative:     No cost.
 size restriction.                 Clarification       Consistent with
                                   that statutory      policy in effect
                                   requirements for    since 1993 (NVIC
                                   measurement apply   11-93).
                                   to vessels of all
                                   sizes.
------------------------------------------------------------------------
         Sec.   69.5 Vessels required or eligible to be measured
------------------------------------------------------------------------
Deletes section to align with     Administrative:     No cost.
 proposed revised Sec.   69.3.     Editorial
                                   realignment.
------------------------------------------------------------------------
        Sec.   69.7 Vessels transiting the Panama and Suez Canals
------------------------------------------------------------------------
Deletes requirement for vessels   Administrative:     No cost.
 transiting the Panama and Suez    Update to reflect
 Canals to be measured under the   lack of Coast
 respective Panama and Suez        Guard
 Canal measurement systems.        responsibility
                                   for canal
                                   measurements,
                                   consistent with
                                   statutory changes.
------------------------------------------------------------------------
                         Sec.   69.9 Definitions
------------------------------------------------------------------------
Adds definitions for tonnage      Administrative:     No cost.
 measurement terms.                New definitions.
Revises definitions for tonnage   Administrative:     No cost.
 measurement terms.                Clarifications
                                   and updates.
Changes term ``vessel engaged on  Mandatory           No cost.
 a foreign voyage''.               statutory           Consistent with
                                   alignment.          current practice.
------------------------------------------------------------------------
    Sec.   69.11 Determining the measurement system or systems for a
                            particular vessel
------------------------------------------------------------------------
Eliminates the disparate          Mandatory           No cost.
 treatment of documented and       statutory           Consistent with
 undocumented U.S. flag vessels.   alignment.          policy in effect
                                                       since 1993 (NVIC
                                                       11-93).
Precludes certain foreign flag    Mandatory           No cost. Not
 vessels of 79 ft or more in       statutory           retroactive. No
 length from being measured        alignment.          such foreign
 under the Regulatory                                  vessels have been
 Measurement System.                                   brought into
                                                       service using the
                                                       regulatory
                                                       measurement
                                                       system in recent
                                                       years.

[[Page 19429]]

 
Relocates ``how tonnage           Administrative:     No cost.
 thresholds are applied''          Editorial change.
 language to proposed Sec.
 69.20.
------------------------------------------------------------------------
   Sec.   69.13 Deviating from the provisions of a measurement system
------------------------------------------------------------------------
Requires authorized measurement   Administrative:     No cost.
 organizations to observe Coast    Clarifies extent    Consistent with
 Guard's interpretations of        of measurement      written
 tonnage laws and regulations.     organization        agreements with
                                   authority.          measurement
                                                       organizations,
                                                       and policy in
                                                       effect since 1998
                                                       (see MTN 01-98
                                                       and MTN 01-99).
Identifies that Coast Guard       Administrative:     No cost.
 interpretations may be obtained   Facilitates
 from the Marine Safety Center.    public access to
                                   interpretive
                                   documents.
Allows grandfathering of          Administrative:     No cost. Precludes
 superseded tonnage measurement    Facilitates         mandatory
 rules.                            transition to       retroactive
                                   codified            application of
                                   interpretations.    codified
                                                       interpretations.
------------------------------------------------------------------------
            Sec.   69.15 Authorized measurement organizations
------------------------------------------------------------------------
Establishes new nomenclature      Administrative:     No cost.
 consistent with proposed          Editorial change.
 revisions to Sec.   69.9 and
 Sec.   69.11.
Deletes information that is       Administrative:     No cost.
 repeated in the regulations or    Editorial change.
 is available elsewhere.
------------------------------------------------------------------------
            Sec.   69.17 Application for measurement services
------------------------------------------------------------------------
Identifies that the vessel owner  Administrative:     No cost.
 is responsible to apply for       Clarification
 vessel measurement or             consistent with
 remeasurement.                    existing practice.
Omits reference to boiler         Administrative:     No cost.
 installation as indicator of      Update to reflect
 stage of vessel construction.     decreasing use of
                                   steam propulsion.
------------------------------------------------------------------------
          Sec.   69.19 Remeasurement and adjustment of tonnage
------------------------------------------------------------------------
Clarifies circumstances under     Administrative:     No cost.
 which a vessel must undergo       Clarification.
 remeasurement.
------------------------------------------------------------------------
                Sec.   69.20 Applying tonnage thresholds
------------------------------------------------------------------------
Provides comprehensive            Administrative:     No cost.
 requirements on how tonnage       Facilitates         Consistent with
 thresholds are to be applied.     public              the tonnage
                                   understanding of    measurement law
                                   longstanding        and policy in
                                   statutory           effect since 1993
                                   requirements.       (See NVIC 11-93).
------------------------------------------------------------------------
                         Sec.   69.25 Penalties
------------------------------------------------------------------------
Updates civil penalty amounts as  Administrative:     No cost.
 per the Federal Civil Penalties   Update.
 Inflation Adjustment Act.
------------------------------------------------------------------------
         Sec.   69.27 Delegation of authority to measure vessels
------------------------------------------------------------------------
Revises section to reflect the    Administrative:     No cost.
 proposed nomenclature in Sec.     Editorial change.
 69.11.
Deletes outdated reference to 49  Administrative:     No cost.
 CFR 1.46.                         Update.
------------------------------------------------------------------------
       Sec.   69.28 Acceptance of measurement by a foreign country
------------------------------------------------------------------------
Adds provisions for accepting     Mandatory           No cost. Provides
 tonnage assignments for certain   statutory           flexibility to
 foreign flag vessels.             alignment.          use foreign flag
                                                       tonnages
------------------------------------------------------------------------
                Subpart B--Convention Measurement System
------------------------------------------------------------------------
                        Sec.   69.53 Definitions
------------------------------------------------------------------------
Adds definition for tonnage       Administrative:     No cost.
 measurement term.                 New definitions.
Revises tonnage measurement       Administrative:     No cost.
 terms consistent with proposed    Editorial change.
 revisions to Sec.   69.9.
------------------------------------------------------------------------
            Sec.   69.55 Application for measurement services
------------------------------------------------------------------------
Requires the ``delivery date''    Administrative:     No cost.
 to be specified on a tonnage      Clarification.
 application instead of the less
 specific ``build date''.
------------------------------------------------------------------------

[[Page 19430]]

 
                     Sec.   69.57 Gross tonnage ITC
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Clarification.
   69.9.
------------------------------------------------------------------------
                      Sec.   69.59 Enclosed spaces
------------------------------------------------------------------------
Incorporates interpretations on   Codification:       No cost.
 treatment of portable spaces.     Principal           Interpretation in
                                   interpretation      effect since 1999
                                   from policy         (NVIC 11-93 CH-2
                                   document.           and MTN 01-99).
------------------------------------------------------------------------
                      Sec.   69.61 Excluded spaces
------------------------------------------------------------------------
Incorporates interpretations on   Codification:       No cost.
 treatment of qualifying spaces    Principal           Interpretation in
 as excluded spaces ``open to      interpretation      effect since 1999
 the sea''.                        from policy         (MTN 01-99).
                                   document.
------------------------------------------------------------------------
                      Sec.   69.63 Net tonnage ITC
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Clarification.
   69.9.
------------------------------------------------------------------------
                   Sec.   69.65 Calculation of volumes
------------------------------------------------------------------------
Removes language addressing       Administrative:     No cost. Reflects
 specific calculation methods to   Clarification.      increased use of
 ensure that accepted naval                            computer-based
 architecture practices are used                       computational
 in all cases.                                         methods
------------------------------------------------------------------------
                    Sec.   69.69 Tonnage certificates
------------------------------------------------------------------------
Incorporates more complete        Administrative:     No cost.
 requirements from the 1969        Clarification.
 Tonnage Convention for
 reissuance of an International
 Tonnage Certificate (1969)
 under certain circumstances,
 including the 3-month grace
 period following flag transfer.
Requires issuance of a U.S.       Mandatory           No cost.
 Tonnage Certificate as evidence   statutory           Consistent with
 of measurement under the          alignment.          policy in effect
 Convention Measurement System                         since 1998 (MTN
 under certain circumstances,                          01-98).
 and that the International
 Tonnage Certificate (1969) is
 delivered to the vessel's owner
 or master.
------------------------------------------------------------------------
                   Sec.   69.71 Change of net tonnage
------------------------------------------------------------------------
Clarifies that Commandant         Administrative:     No cost.
 determines the magnitude of       Clarification.
 alterations of a major
 character.
------------------------------------------------------------------------
    Sec.   69.73 Treatment of unique or otherwise novel type vessels
------------------------------------------------------------------------
Revises section title and         Administrative:     No cost.
 clarifies that submission of      Clarification.
 plans and sketches is not
 required in all cases.
------------------------------------------------------------------------
                          Sec.   69.75 Figures
------------------------------------------------------------------------
Updates the existing figures to   Administrative:     No cost.
 resolve minor labeling            Clarifications
 inconsistencies, and for visual   and updates.
 clarity.
------------------------------------------------------------------------
            Subpart C--Standard Regulatory Measurement System
------------------------------------------------------------------------
                          Sec.   69.101 Purpose
------------------------------------------------------------------------
Reflects proposed revised title   Administrative:     No cost.
 of Subpart C.                     Clarification.
------------------------------------------------------------------------
                        Sec.   69.103 Definitions
------------------------------------------------------------------------
Adds definitions for tonnage      Administrative:     No cost.
 measurement terms.                New definitions.
Revises definitions for tonnage   Administrative:     No cost.
 measurement terms.                Clarifications
                                   and updates.
------------------------------------------------------------------------
           Sec.   69.105 Application for measurement services
------------------------------------------------------------------------
Requires the ``delivery date''    Administrative:     No cost.
 to be specified on a tonnage      Clarification.
 application instead of the less
 specific ``build date''.
------------------------------------------------------------------------
              Sec.   69.107 Gross and net register tonnages
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Clarification.
   69.9.
------------------------------------------------------------------------

[[Page 19431]]

 
Clarifies that the U.S. Tonnage   Administrative:     No cost.
 Certificate reflects              Clarification.
 measurement for the Convention
 and Regulatory Measurement
 Systems, as applicable, and
 need not be carried aboard.
------------------------------------------------------------------------
                  Sec.   69.108 Uppermost complete deck
------------------------------------------------------------------------
Establishes comprehensive         Codification:       No cost.
 requirements related to the       Principal           Interpretations
 ``uppermost complete deck''.      interpretations     in effect since
                                   from policy         2003 (MTN 01-99
                                   document.           CH-5).
------------------------------------------------------------------------
                    Sec.   69.109 Under-deck tonnage
------------------------------------------------------------------------
Clarifies that enumerated decks   Administrative:     No cost.
 are used to determine the         Clarification.
 tonnage deck.
Establishes how to determine      Codification:       No cost.
 enumerated decks.                 Principal           Interpretation in
                                   interpretation      effect since 2003
                                   from policy         (MTN 01-99 CH-5).
                                   document.
Replaces the phrase ``at          Codification:       No cost.
 different levels from stem to     Principal           Interpretation in
 stern'' with the more commonly    interpretation      effect since 2005
 used term ``stepped''.            from policy         (MTN 01-99 CH-7).
                                   document.
Establishes minimum breadth and   Codification:       No cost.
 length criteria for steps used    Principal           Interpretation in
 in establishing the line of the   interpretation      effect since 2005
 tonnage deck.                     from policy         (MTN 01-99 CH-7).
                                   document.
Reflects that the frames          Administrative:     No cost.
 evaluated in determining the      Clarification.
 tonnage length should be
 ``ordinary frames''.
Deletes the sentence ``when a     Codification:       No cost.
 headblock extendsthickness of     Principal           Interpretation in
 an ordinary side frame and        interpretation      effect since 2003
 shell plating''.                  from policy         (MTN 01-99 CH-5).
                                   document.
Provides for a maximum reduction  Codification:       No cost.
 in the tonnage length of 8\1/2\   Principal           Interpretation in
 feet.                             interpretation      effect since 2003
                                   from policy         (MTN 01-99 CH-5).
                                   document.
Requires that the under-deck      Administrative:     No cost.
 sections, referred to as          Clarification.
 ``tonnage stations,'' be
 sequentially numbered.
Replaces the terms ``double       Administrative:     No cost.
 bottom'' and `cellular double     Clarification.
 bottom'' with ``water ballast
 double bottom''.
Deletes the existing language     Codification:       No cost.
 regarding outside shaft tunnel    Principal           Interpretation in
 exclusions and inserts new        interpretation      effect since 2005
 ``open to the sea'' language.     from policy         (MTN 01-99 CH-7).
                                   document.
Incorporates the term             Administrative:     No cost.
 ``uppermost complete deck''.      Clarification.
Provides requirements on the      Codification:       No cost.
 measurement treatment of          Principal           Interpretations
 ordinary frames in the under-     interpretations     on different
 deck, including construction,     from policy         sized framing in
 frame spacing, different sized    document.           effect since in
 frames, frame openings, and                           effect since 1950
 asymmetrical framing.                                 (Treasury
                                                       Decision 52578).
                                                       Other
                                                       interpretations
                                                       in effect since
                                                       2002 (MTN 01-99
                                                       CH-4).
------------------------------------------------------------------------
                   Sec.   69.111 Between-deck tonnage
------------------------------------------------------------------------
Replaces the phrase ``at          Codification:       No cost.
 different levels from stem to     Principal           Interpretation in
 stern'' with the more commonly    interpretation      effect since 2005
 used term ``stepped''.            from policy         (MTN 01-99 CH-7).
                                   document.
Requires a minimum size for a     Codification:       No cost.
 longitudinal step being used as   Principal           Interpretation in
 the basis for establishing the    interpretation      effect since 2005
 line of the uppermost complete    from policy         (MTN 01-99 CH-7).
 deck.                             document.
Replaces the phrase ``face of     Administrative:     No cost.
 the normal side frames'' with     Clarification.
 the phrase ``line of the normal
 frames''.
------------------------------------------------------------------------
                  Sec.   69.113 Superstructure tonnage
------------------------------------------------------------------------
Incorporates interpretations on   Codification:       No cost.
 treatment of portable spaces.     Principal           Interpretations
                                   interpretations     in effect since
                                   from policy         1997 (NVIC 11-93
                                   document.           CH-2).
Clarifies that measurements are   Administrative:     No cost.
 to be taken to the ``line of      Clarification.
 the normal frames''.
Defines superstructure tonnage    Administrative:     No cost.
 as the tonnage of all             Clarification.
 superstructure spaces.
------------------------------------------------------------------------
                  Sec.   69.115 Excess hatchway tonnage
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Clarification.
   69.9.
------------------------------------------------------------------------
          Sec.   69.117 Spaces exempt from inclusion in tonnage
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
Amends the definition of          Codification:       No cost.
 passenger space to preclude       Principal           Interpretation in
 passenger support spaces and      interpretation      effect since 2005
 spaces used by both passengers    from policy         (MTN 01-99 CH-7).
 and crew from being exempted as   document.
 passenger space.
Establishes the minimum height    Codification:       No cost.
 above the uppermost complete      Principal           Interpretation in
 deck for exemptible passenger     interpretation      effect since 2005
 spaces.                           from policy         (MTN 01-99 CH-7).
                                   document.
Removes the prohibition of        Codification:       No cost.
 exempting a passenger space as    Principal           Interpretation in
 an open space when it has         interpretation      effect since 2003
 berthing accommodations.          from policy         (MTN 01-99 CH-5).
                                   document.

[[Page 19432]]

 
Establishes requirements on open  Codification:       No cost.
 structure exemptions for          Principal           Interpretation in
 structures divided into           interpretation      effect since 2005
 compartments.                     from policy         (MTN 01-99 CH-7).
                                   document.
Prohibits the progression of      Codification:       No cost.
 open space vertically between     Principal           Interpretations
 structures and allows a space     interpretations     in effect since
 outside a structure's boundary    from policy         2003 (MTN 01-99
 bulkhead meeting certain          document.           CH-6).
 conditions to be considered
 open to the weather.
Provides end opening and          Codification:       No cost.
 interior space circulation        Principal           Interpretations
 requirements.                     interpretations     in effect since
                                   from policy         2003 (MTN 01-99
                                   document.           CH-6).
Requires compartments from which  Codification:       No cost.
 open space progresses to meet     Principal           Interpretations
 certain opening requirements.     interpretations     in effect since
                                   from policy         2003 (MTN 01-99
                                   document.           CH-6).
Requires temporary cover plates   Codification:       No cost.
 to be fitted against the          Principal           Interpretations
 weather side of a bulkhead in     interpretations     in effect since
 applying open to the weather      from policy         2003 (MTN 01-99
 criteria.                         document.           CH-6).
Specifies that in applying the    Administrative:     No cost.
 size requirements of              Clarification.
 69.117(d)(7), an opening need
 not also meet the size
 requirements of 69.117(d)(2).
Provides for exemption of space   Codification:       No cost.
 in way of opposite side           Principal           Interpretations
 openings.                         interpretations     in effect since
                                   from policy         2003 (MTN 01-99
                                   document.           CH-6).
Replaces the phrase ``next lower  Administrative:     No cost.
 deck'' with the phrase            Clarification.
 ``uppermost complete deck''.
Precludes battening, caulking,    Codification:       No cost.
 seals, or gaskets of any          Principal           Interpretation in
 material from being used in       interpretation      effect since 2003
 association with a middle line    from policy         (MTN 01-99 CH-6).
 opening cover.                    document.
Deletes the requirement to        Administrative:     No cost. Reflects
 provide calculations in a         Update.             increased use of
 specific format.                                      computer-based
                                                       computational
                                                       methods.
Requires use of the zone of       Codification:       No cost.
 influence method to ensure        Principal           Interpretation in
 accuracy and consistency in       interpretation      effect since 2003
 calculating volumes of exempted   from policy         (MTN 01-99 CH-6).
 under-deck spaces.                document.
------------------------------------------------------------------------
               Sec.   69.119 Spaces deducted from tonnage
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
------------------------------------------------------------------------
                   Sec.   69.121 Engine room deduction
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
------------------------------------------------------------------------
                          Sec.   69.123 Figures
------------------------------------------------------------------------
Updates the existing figures to   Administrative:     No cost.
 resolve minor labeling            Clarifications
 inconsistencies, and for visual   and updates.
 clarity.
------------------------------------------------------------------------
              Subpart D--Dual Regulatory Measurement System
------------------------------------------------------------------------
                          Sec.   69.151 Purpose
------------------------------------------------------------------------
Reflects proposed revised title   Administrative:     No cost.
 of Subpart D.                     Clarification.
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
------------------------------------------------------------------------
                 Sec.   69.153 Application of other laws
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
------------------------------------------------------------------------
                 Sec.   69.155 Measurement requirements
------------------------------------------------------------------------
Deletes references to the         Administrative:     No cost.
 ``Standard Measurement System''   Editorial change.
 and ``Dual Measurement System''.
------------------------------------------------------------------------
                        Sec.   69.157 Definitions
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
------------------------------------------------------------------------
           Sec.   69.159 Application for measurement services
------------------------------------------------------------------------
Deletes reference to the          Administrative:     No cost.
 ``Standard Measurement System''.  Editorial change.
------------------------------------------------------------------------
              Sec.   69.161 Gross and net register tonnages
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
Clarifies that the U.S. Tonnage   Administrative:     No cost.
 Certificate reflects              Clarification.
 measurement for the Convention
 and Regulatory Measurement
 Systems, as applicable, and
 need not be carried aboard.
------------------------------------------------------------------------
                    Sec.   69.163 Under-deck tonnage
------------------------------------------------------------------------
Deletes reference to the ``Dual   Administrative:     No cost.
 Measurement System''.             Editorial change.
------------------------------------------------------------------------

[[Page 19433]]

 
                   Sec.   69.165 Between-deck tonnage
------------------------------------------------------------------------
Deletes reference to the ``Dual   Administrative:     No cost.
 Measurement System''.             Editorial change.
------------------------------------------------------------------------
                  Sec.   69.167 Superstructure tonnage
------------------------------------------------------------------------
Deletes reference to the ``Dual   Administrative:     No cost.
 Measurement System''.             Editorial change.
------------------------------------------------------------------------
           Sec.   69.169 Spaces exempt from inclusion tonnage
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
------------------------------------------------------------------------
    Sec.   69.173 Tonnage assignments for vessels with only one deck
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
------------------------------------------------------------------------
    Sec.   69.175 Tonnage assignments for vessels with a second deck
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
Clarifies that the vessel owner   Administrative:     No cost.
 may elect to use the lower set    Clarification.
 of tonnages when opting for
 single tonnage assignment under
 the Dual Measurement System.
Requires a load line to be        Codification:       No cost.
 assigned at a level below the     Principal           Interpretation in
 line of the second deck.          interpretation      effect since 2003
                                   from policy         (MTN 01-99 CH-5).
                                   document.
------------------------------------------------------------------------
                         Sec.   69.177 Markings
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
Adds exception to allow the line  Codification:       No cost.
 of the second deck to be marked   Principal           Interpretation in
 on the side of the vessel if      interpretation      effect since 2003
 the second deck is the actual     from policy         (MTN 01-99 CH-5).
 freeboard deck for purposes of    document.
 load line assignment.
------------------------------------------------------------------------
           Sec.   69.181 Locating the line of the second deck
------------------------------------------------------------------------
Updates the existing examples     Administrative:     No cost.
 for visual clarity.               Clarifications
                                   and updates.
------------------------------------------------------------------------
                          Sec.   69.183 Figures
------------------------------------------------------------------------
Updates the existing figures to   Administrative:     No cost.
 resolve minor labeling            Clarifications
 inconsistencies, and for visual   and updates.
 clarity.
------------------------------------------------------------------------
           Subpart E--Simplified Regulatory Measurement System
------------------------------------------------------------------------
                          Sec.   69.201 Purpose
------------------------------------------------------------------------
Reflects proposed revised title   Administrative:     No cost.
 of Subpart E.                     Clarification.
------------------------------------------------------------------------
           Sec.   69.205 Application for measurement services
------------------------------------------------------------------------
Specifies how vessel owners not   Administrative:     No cost. Provides
 seeking documentation should      Clarification.      additional
 process an application for                            guidance.
 simplified measurement.
------------------------------------------------------------------------
Specifies that a completed        Administrative:     No cost.
 application for simplified        Clarification.
 measurement serves as evidence
 of measurement under the
 Simplified system.
Specifies the vessel information  Administrative:     No cost.
 required to be provided by the    Clarification.
 owner when completing the
 Application for Simplified
 Measurement.
Deletes reference to a specific   Administrative:     No cost.
 section of the Builders           Removes unneeded
 Certificate and First Transfer    requirement from
 of Title form (CG-1261) to        the regulations.
 allow for revisions to this
 form without the need to revise
 regulations.
------------------------------------------------------------------------
                       Sec.   69.207 Measurements
------------------------------------------------------------------------
Relaxed measurement tolerances    Administrative:     No cost--matches
 consistent with current           Update.             existing
 practice.                                             practice.
------------------------------------------------------------------------
              Sec.   69.209 Gross and net register tonnage
------------------------------------------------------------------------
Revises nomenclature consistent   Administrative:     No cost.
 with proposed revisions to Sec.   Editorial change.
   69.9.
Specifies that a vessel's         Administrative:     No cost.
 Certificate of Documentation      Clarification.
 serves as evidence of
 measurement under the
 Simplified system.
------------------------------------------------------------------------

[[Page 19434]]

 
    Sec.   69.211 Treatment of unique or otherwise novel type vessels
------------------------------------------------------------------------
Identifies the Coast Guard        Administrative:     No cost.
 office to contact for questions   Facilitates
 on a vessel for which the         resolutions of
 simplified measurement rules      questions from
 may not readily be applied.       public.
------------------------------------------------------------------------

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

Alternatives
    The Coast Guard concluded that some changes to the existing tonnage 
regulations are required to implement changes to the tonnage 
measurement law made by the 2010 Coast Guard Authorization Act. Based 
on the preceding discussion, we further concluded that the additional 
changes to the tonnage regulations described above could provide a net 
benefit to the public, and should also be made.
    In arriving at these conclusions, the Coast Guard considered two 
alternatives to the proposed approach in order to maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). Table 4 summarizes these 
three alternative approaches, including the costs and benefits. A brief 
description of the alternatives that were not adopted 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
                                   --Include administrative changes.        flag tonnages.
                                                                           --Facilitates understanding of
                                                                            regulations.
Alternative 1....................  Revise regulations to:                  --Reduces flexibility in applying
                                   --Reflect statutory changes;             regulations.
                                   --Codify all interpretations;           --Clarifies requirements.
                                   --Include administrative changes.       --Adds flexibility to use foreign
                                                                            flag tonnages.
                                                                           --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 difficulties.
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 challenges/costs.
----------------------------------------------------------------------------------------------------------------


[[Page 19435]]

Alternative 1--Codify All Interpretations
    Alternative 1 would revise the tonnage regulations to incorporate 
not only the changes and principal interpretations of the proposed 
alternative, but to also include all published Coast Guard 
interpretations. This would consolidate all tonnage interpretative 
information into one source. Unlike the proposed alternative, 
Alternative 1 would induce an additional cost and burden to both 
industry and government due to a lack of flexibility in applying 
regulations.
    Initially, we believed this alternative, when compared to the 
current situation of a regulation not reflective of published 
interpretations, would produce some additional benefit due to the 
increased visibility of both the principal and secondary 
interpretations. We concluded that, over time, new technologies and 
vessel construction practices would lead to difficulties in complying 
with an overly detailed regulation. This would likely lead to 
additional requests for clarifications and interpretations and 
additional rulemakings, potentially causing tonnage certification 
delays and negatively impact design innovations. Based on these 
considerations, we did not accept Alternative 1.
Alternative 2--Incorporate Only Mandatory Changes
    Alternative 2 would amend the tonnage regulations to only 
incorporate changes that reflect the tonnage technical amendments of 
the 2010 Coast Guard Authorization Act, while continuing the Coast 
Guard's practice of communicating tonnage regulation interpretations to 
industry via policy documents. This would sustain the Coast Guard's 
current flexibility in applying tonnage measurement interpretations and 
preclude additional costs to industry. However, it would not clarify 
tonnage measurement requirements or increase the understanding of the 
tonnage measurement regulations. Based on this consideration, we did 
not accept Alternative 2.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this proposed rule would have a significant economic 
impact on a substantial number of small entities. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    Our economic analysis concludes that this proposed rule would have 
no cost impact and would not affect the small entities described above.
    Business entities are categorized by the North American Industry 
Classification System (NAICS) codes.\2\ We identified the NAICS codes 
for the population affected by the proposed rule. Table 5 presents 
these NAICS codes, their descriptions, and their SBA size criteria.
---------------------------------------------------------------------------

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

                                     Table 5--NAICS Codes With SBA Threshold
----------------------------------------------------------------------------------------------------------------
               NAICS Code                        NAICS Description               SBA Small entity threshold
----------------------------------------------------------------------------------------------------------------
11411...................................  Fishing........................  $4,00,000 revenue.
483111..................................  Deep sea freight transportation  500 employees.
483112..................................  Deep sea passenger               500 employees.
                                           transportation.
483113..................................  Coastal and great lakes freight  500 employees.
                                           transportation.
483114..................................  Coastal and great lakes          500 employees.
                                           passenger transportation.
483211..................................  Inland water freight             500 employees.
                                           transportation.
483212..................................  Inland water passenger           500 employees.
                                           transportation.
488310..................................  Port and Harbor Operations.....  $25,000,000 revenue.
488330..................................  Navigational Services to         $7,000,000 revenue.
                                           Shipping.
----------------------------------------------------------------------------------------------------------------

    We estimate that this rule would not impose additional costs and 
should have no impact on small entities because the Coast Guard has not 
identified any costs associated with complying with the proposed rule.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. If you think 
that your business, organization, or governmental jurisdiction 
qualifies as a small entity and that this rule would have a significant 
economic impact on it, please submit a comment to the Docket Management 
Facility at the address under ADDRESSES. In your comment, explain why 
you think it qualifies and how and to what degree this rule would 
economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule so that they can better 
evaluate its effects on them and participate in the rulemaking. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult Mr. Marcus Akins, 
Marine Safety Center, Tonnage Division (MSC-4), Coast Guard; telephone 
(703) 872-6787 or email Marcus.J.Akins@uscg.mil. The Coast Guard will 
not retaliate against small entities that question or complain about 
this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. Collection of Information

    This proposed rule would call for no new collection of information 
under the

[[Page 19436]]

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The current 
Office of Management and Budget approval number for this part, 1625-
0028, remains unchanged and effective.

E. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132. Our analysis is explained below.
    It is well settled that States may not regulate in fields reserved 
for regulation by the Coast Guard. Under Title 46, United States Code, 
Subtitle II, Part J, ``Measurement of Vessels,'' Congress specifically 
mandated the Secretary to measure vessels in the manner provided by the 
statute and the Convention. The authority to carry out these functions 
was specifically delegated to the Coast Guard by the Secretary. As this 
proposed rulemaking implements amendments to the tonnage measurement 
law, as well as incorporates technical interpretations and 
administrative clarifications of existing tonnage regulations, it falls 
within the scope of authority Congress granted exclusively to the 
Secretary and States may not regulate within this field. Therefore, the 
rule is consistent with the principles of federalism and preemption 
requirements in Executive Order 13132.
    While it is well settled that States may not regulate in categories 
in which Congress intended the Coast Guard to be the sole source of a 
vessel's obligations, the Coast Guard recognizes the key role that 
State and local governments may have in making regulatory 
determinations. Additionally, for rules with implications and 
preemptive effect, Executive Order 13132 specifically directs agencies 
to consult with State and local governments during the rulemaking 
process.
    Therefore, the Coast Guard invites State and local governments and 
their representative national organizations to indicate their desire 
for participation and consultation in this rulemaking process by 
submitting comments to this NPRM. In accordance with Executive Order 
13132, the Coast Guard will provide a federalism impact statement to 
document: (1) The extent of the Coast Guard's consultation with State 
and local officials who submit comments to this proposed rule; (2) a 
summary of the nature of any concerns raised by State or local 
governments and the Coast Guard's position thereon; and (3) a statement 
of the extent to which the concerns of State and local officials have 
been met. We will also report to the Office of Management and Budget 
any written communications with the States.

F. Unfunded Mandates Reform Act

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

G. Taking of Private Property

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

H. Civil Justice Reform

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

I. Protection of Children

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

J. Indian Tribal Governments

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

K. Energy Effects

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

L. Technical Standards

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

M. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have made a preliminary determination that this action is one of a 
category of actions that do not individually or cumulatively have a 
significant effect on the human environment. A preliminary 
environmental analysis checklist supporting this determination is 
available in the docket where indicated under the ``Public 
Participation and Request for Comments'' section of this preamble. This 
action falls under section 2.B.2, figure 2-1, paragraph (34)(a) and (d) 
of the Instruction and involves regulations which are editorial or 
procedural and regulations concerning [follow lit]admeasurement[/

[[Page 19437]]

follow lit] of vessels. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

List of Subjects in 46 CFR Part 69

    Measurement standards, Penalties, Reporting and recordkeeping 
requirements, Vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 46 CFR part 69 as follows:

Title 46

PART 69--MEASUREMENT OF VESSELS

Subpart A--General

0
1. The authority citation for part 69 continues to read as follows:

    Authority:  46 U.S.C. 2301, 14103; Department of Homeland 
Security Delegation No. 0170.1.

0
2. Revise Sec.  69.1 to read as follows:


Sec.  69.1  Purpose.

    This part implements legislation concerning the measurement of 
vessels to determine their tonnage (part J of 46 U.S.C. subtitle II). 
Tonnage is used for a variety of purposes, including the application of 
vessel safety, security, and environmental protection regulations and 
the assessment of taxes and fees. This part indicates the particular 
measurement system or systems under which the vessel is required or 
eligible to be measured, describes the measurement rules and procedures 
for each system, identifies the organizations authorized to measure 
vessels under this part, and provides for the appeal of measurement 
organizations' decisions.
0
3. Revise Sec.  69.3 to read as follows:


Sec.  69.3  Applicability.

    This part applies to any vessel for which the application of an 
international agreement or other law of the United States to the vessel 
depends on the vessel's tonnage.


Sec.  69.5  [Removed and Reserved]

0
4. Remove and reserve Sec.  69.5.
0
5. Revise Sec.  69.7 to read as follows:


Sec.  69.7  Vessels transiting the Panama and Suez Canals.

    For vessels that will transit the Panama Canal and/or Suez Canal, 
the respective canal authorities may require special tonnage 
certificates in addition to those issued under this part. These special 
certificates may be issued by measurement organizations who have 
received appropriate authorization from the respective canal 
authorities.
0
6. Revise Sec.  69.9 to read as follows:


Sec.  69.9  Definitions.

    As used in this part--
    Authorized measurement organization means an entity that is 
authorized to measure vessels under this part.
    Commandant means Commandant of the Coast Guard at the following 
address: Commanding Officer, Marine Safety Center (MSC-4), US Coast 
Guard Stop 7410, 4200 Wilson Boulevard, Suite 400, Arlington, VA 20598-
7410
    Convention means the International Convention on Tonnage 
Measurement of Ships, 1969.
    Convention Measurement System means the measurement system under 
subpart B of this part, which is based on the rules of the Convention. 
It uses the vessel's total enclosed volume as the principal input for 
tonnage calculations along with other characteristics related to the 
vessel's carrying capacity, including the volume of cargo spaces and 
number of passengers. Tonnages assigned under this system are expressed 
in terms of gross tonnage ITC (GT ITC) or net tonnage ITC (NT ITC).
    Deck cargo means freight carried on the weather decks of a vessel 
for the purpose of its transport between two separate and distinct 
locations, and which is off-loaded from the vessel in its original 
container (if applicable) without undergoing any processing or other 
use while onboard the vessel.
    Dual Regulatory Measurement System means the measurement system of 
subpart D of this part, which is one of three sub-systems of the 
Regulatory Measurement System. It is based on the rules of the Standard 
Measurement System, with adjustments that allow for the assignment of 
two sets of Regulatory Measurement System tonnages whose use depends on 
the loading condition of the vessel. Tonnages assigned under this 
system are expressed in terms of gross register tons (GRT) or net 
register tons (NRT).
    Foreign flag vessel means a vessel that is not a U.S. flag vessel.
    Great Lakes means the Great Lakes of North America and the St. 
Lawrence River west of a rhumb line drawn from Cap des Rosiers to West 
Point, Anticosti Island, and, on the north side of Anticosti Island, 
the meridian of longitude 63 degrees west.
    Gross register tonnage (GRT) means the gross tonnage measurement of 
the vessel under the Regulatory Measurement System. Refer to Sec.  
69.20 of this subpart for information on applying tonnage thresholds 
expressed in terms of gross register tons (also referred to as GRT).
    Gross tonnage ITC (GT ITC) means the gross tonnage measurement of 
the vessel under the Convention Measurement System (subpart B of this 
part). In international conventions, this parameter may be referred to 
as ``gross tonnage (GT)''. Refer to Sec.  69.20 of this subpart for 
information on applying tonnage thresholds expressed in terms of gross 
tonnage ITC.
    National Vessel Documentation Center means the organizational unit 
designated by the Commandant to process vessel documentation 
transactions and maintain vessel documentation records.
    Net register tonnage (NRT) means the net tonnage measurement of the 
vessel under the Regulatory Measurement System. Refer to Sec.  69.20 of 
this subpart for information on applying tonnage thresholds expressed 
in terms of net register tons.
    Non-self-propelled vessel means a vessel that is not a self-
propelled vessel.
    Overall length means the horizontal distance of the vessel's hull 
between the foremost part of a vessel's stem to the aftermost part of 
its stern, excluding fittings and attachments.
    Portable enclosed space means an enclosed space that is not deck 
cargo, and whose method of attachment to the vessel is not permanent in 
nature. Examples of portable enclosed spaces include modular living 
quarters, housed portable machinery spaces, and deck tanks used in 
support of shipboard industrial processes.
    Register ton means a unit of volume equal to 100 cubic feet.
    Regulatory Measurement System means the measurement system that 
comprises subparts C, D, and E of this part (Standard, Dual, and 
Simplified Regulatory Measurement Systems, respectively), and is 
sometimes referred to as the national measurement system of the United 
States. Tonnages assigned under this system are expressed in terms of 
gross register tons (GRT) or net register tons (NRT).
    Remeasurement means the process by which tonnages and registered 
dimensions of a vessel that was previously measured are reassigned to 
that vessel, or are verified to be correct, as appropriate.
    Self-propelled vessel means a vessel with means of self-propulsion, 
including sails.
    Simplified Regulatory Measurement System means the measurement 
system of subpart E of this part, which is one of three sub-systems of 
the Regulatory Measurement System. It is based on the rules of the 
Standard Measurement System but employs a simplified computational 
method using hull

[[Page 19438]]

dimensions as the principal inputs. Tonnages assigned under this system 
are expressed in terms of gross register tons (GRT) or net register 
tons (NRT).
    Standard Regulatory Measurement System means the measurement system 
of subpart C of this part, which is one of three sub-systems of the 
Regulatory Measurement System. It is based on the rules of the British 
Merchant Shipping Act of 1854 and uses volumes of internal spaces as 
the principal inputs for tonnage calculations, allowing for exemptions 
or deductions of qualifying spaces according to their location and use. 
Tonnages assigned under this system are expressed in terms of gross 
register tons (GRT) or net register tons (NRT).
    Tonnage means the volume of a vessel's spaces, including portable 
enclosed spaces, as calculated under a measurement system in this part, 
and is categorized as either gross or net. Gross tonnage refers to the 
volumetric measure of the overall size of a vessel. Net tonnage refers 
to the volumetric measure of the useful capacity of the vessel. Deck 
cargo is not included in tonnage.
    Tonnage threshold means a delimitating tonnage value specified in 
an international convention or a Federal statute or regulation.
    U.S. flag vessel means a vessel of United States registry or 
nationality, or one operated under the authority of the United States.
    Vessel of war means ``vessel of war'' as defined in 46 U.S.C. 2101.
    Vessel that engages on a foreign voyage means a vessel--
    (1) That arrives at a place under the jurisdiction of the United 
States from a place in a foreign country;
    (2) That makes a voyage between places outside of the United 
States;
    (3) That departs from a place under the jurisdiction of the United 
States for a place in a foreign country; or
    (4) That makes a voyage between a place within a territory or 
possession of the United States and another place under the 
jurisdiction of the United States not within that territory or 
possession.
0
7. Revise Sec.  69.11 to read as follows:


Sec.  69.11  Determining the measurement system or systems for a 
particular vessel.

    (a) Convention Measurement System (subpart B). (1) Except as 
otherwise provided in this section, this system applies to any vessel 
for which the application of an international agreement or other law of 
the United States to the vessel depends on the vessel's tonnage.
    (2) This system does not apply to the following vessels:
    (i) A vessel of war unless the government of the country to which 
the vessel belongs elects to measure the vessel under this chapter.
    (ii) A vessel of less than 79 feet in overall length.
    (iii) A U.S. flag vessel, or one of Canadian registry or 
nationality, or operated under the authority of Canada, and that is 
operating only on the Great Lakes, unless the vessel owner requests.
    (iv) A U.S. flag vessel, the keel of which was laid or was at a 
similar stage of construction before January 1, 1986, unless the vessel 
owner requests or unless the vessel subsequently undergoes a change 
that the Commandant finds substantially affects the gross tonnage.
    (v) A non-self-propelled U.S. flag vessel (except a non-self-
propelled vessel that engages on a foreign voyage) unless the vessel 
owner requests the application.
    (b) Standard Regulatory Measurement System (subpart C). This system 
applies to a vessel not measured under the Convention Measurement 
System for which the application of an international agreement or other 
law of the United States to the vessel depends on the vessel's tonnage. 
Upon request of the vessel owner, this system also applies to a U.S. 
flag vessel that is also measured under the Convention Measurement 
System.
    (c) Dual Regulatory Measurement System (subpart D). This system may 
be applied, at the vessel owner's option, instead of the Standard 
Regulatory Measurement System.
    (d) Simplified Regulatory Measurement System (subpart E). This 
system may be applied, at the vessel owner's option, instead of the 
Standard Regulatory Measurement System to the following vessels:
    (1) A vessel that is under 79 feet in overall length.
    (2) A vessel of any length that is non-self-propelled and does not 
engage on foreign voyages.
    (3) A vessel of any length that is operated only for pleasure and 
operated only on the Great Lakes.
0
8. Revise Sec.  69.13 to read as follows:


Sec.  69.13  Applying provisions of a measurement system.

    (a) Except as noted under paragraph (c) of this section, all 
provisions of a measurement system as prescribed in this part that are 
applicable to the vessel, along with associated interpretations of the 
Coast Guard, must be observed. These Coast Guard interpretations are 
published by, and may be obtained from, Commanding Officer, Marine 
Safety Center (MSC-4).
    (b) The provisions of more than one measurement system must not be 
applied interchangeably or combined, except where specifically 
authorized under this part.
    (c) Unless otherwise provided for by law, the tonnage measurement 
rules and procedures that immediately predate the rules and procedures 
prescribed in this part may be applied, at the option of the vessel 
owner, to the following vessels:
    (1) A vessel which has not been measured and which was contracted 
for on or before (effective date of this rule).
    (2) A vessel which has been measured, but which has undergone 
modifications contracted for on or before (effective date of this 
rule).
0
9. Amend Sec.  69.15 as follows:
0
a. Revise paragraphs (a), (b), (c), and (e) to read as set forth below; 
and
0
b. In paragraph (d), remove the words ``to determine its tonnage'' and 
add, in their place, the words ``under this part''.


Sec.  69.15  Authorized measurement organizations.

    (a) Except as noted under paragraphs (c) and (d) of this section, 
measurement or remeasurement of all vessels under subparts B, C, or D 
of this part must be performed by an authorized measurement 
organization meeting the requirements of Sec.  69.27 of this subpart. A 
current listing of authorized measurement organizations may be obtained 
from the Commanding Officer, Marine Safety Center (MSC-4).
    (b) Measurement or remeasurement of all vessels under subpart E of 
this part must be performed by the Coast Guard.
    (c) Measurement or remeasurement of all U.S. Coast Guard vessels 
and all U.S. Navy vessels of war must be performed by the Coast Guard.
* * * * *
    (e) The appropriate tonnage certificate, as provided for under this 
part, is issued by the authorized measurement organization as evidence 
of the vessel's measurement under this part.
0
10. Amend Sec.  69.17 as follows:
0
a. Revise paragraph (a) to read as set out below; and
0
b. In paragraph (c), remove the words ``engine and boilers'' and add, 
in their place, the word ``engines''.


Sec.  69.17  Application for measurement services.

    (a) The vessel owner is responsible for having the vessel measured 
or remeasured under this part. Applications for measurement services 
are available from and, once completed, are submitted to the authorized 
measurement organization that will perform the measurement services. 
The

[[Page 19439]]

contents of the application are described in this part under the 
requirements for each system.
* * * * *
0
11. Revise paragraphs (a), (b), and (c) of Sec.  69.19 to read as 
follows:


Sec.  69.19  Remeasurement.

    (a) If a vessel that is already measured is to undergo a structural 
alteration, a change to its service, or if the use of its space is to 
be changed, a remeasurement may be required. Vessel owners shall report 
immediately to an authorized measurement organization any intent to 
structurally alter the vessel or to change its service or the use of 
its space. The organization advises the owner if remeasurement is 
necessary. Remeasurement is initiated by completing and submitting, 
where applicable, the appropriate application for measurement services. 
Spaces not affected by the alteration or change need not be remeasured.
    (b) Remeasurement must also be performed as follows:
    (1) When there is a perceived error in the application of this 
part, the vessel owner should contact the responsible measurement 
organization. Remeasurement is performed to the extent necessary to 
verify and correct the error.
    (2) At the vessel owner's option, to reflect the latest tonnage 
measurement rules and associated interpretations under this part.
    (c) If a remeasurement or adjustment of tonnage is required, the 
organization will issue a new tonnage certificate.
* * * * *
0
12. Add Sec.  69.20 to read as follows:


Sec.  69.20  Applying tonnage thresholds.

    (a) General. Tonnage thresholds are applied using the vessel's 
tonnage assigned under this part, and as provided for by paragraphs (b) 
through (d) of this section. In general, and except as under paragraphs 
(b) and (c) of this section, tonnage thresholds expressed in terms of 
``gross tonnage,'' ``gross tonnage ITC,'' or ``GT ITC'' are applied 
using Convention Measurement System tonnage (if assigned) and 
thresholds expressed in terms of ``gross tons,'' ``registered gross 
tons,'' or ``GRT'' are applied using the Regulatory Measurement System 
tonnage (if assigned). Similarly, in general, and except as under 
paragraphs (b) and (c) of this section, tonnage thresholds expressed in 
terms of ``net tonnage,'' ``net tonnage ITC,'' or ``NT ITC'' are 
applied using Convention Measurement System tonnage (if assigned) and 
thresholds expressed in terms of ``net tons,'' ``registered net tons,'' 
or ``NRT'' are applied using the Regulatory Measurement System tonnage 
(if assigned).
    (b) International Conventions. Unless otherwise provided for by 
law, apply tonnage thresholds in international conventions as follows:
    (1) For vessels measured under the Convention Measurement System, 
apply all tonnage thresholds using Convention Measurement System 
tonnage, except as provided for under the following international 
tonnage grandfathering provisions, which may be applied at the option 
of the vessel owner:
    (i) Article 3(2)(d) of the Convention.
    (A) For a U.S. flag vessel, this Article allows associated tonnage 
thresholds in effect on or before July 18, 1994 to be applied, at the 
vessel owner's option, using Regulatory Measurement System tonnage, to 
a vessel whose keel was laid on or before July 18, 1982, and which did 
not subsequently undergo alterations resulting in a change in its 
tonnage of a magnitude deemed by the Commandant to constitute a 
substantial variation in its tonnage.
    (B) For a foreign flag vessel, this Article allows associated 
tonnage thresholds in effect on or before July 18, 1994, to be applied, 
at the vessel owner's option, using the foreign country's national 
measurement system tonnage to a vessel whose keel was laid on or before 
July 18, 1982, and which did not subsequently undergo alterations 
resulting in a change in its tonnage of a magnitude deemed by that 
country to constitute a substantial variation in its tonnage.
    (ii) International Maritime Organization (IMO) Resolutions A.494 
(XII) of November 19, 1981 and A.541 (XIII) of November 17, 1983.
    (A) For a U.S. flag vessel, these resolutions allow tonnage 
thresholds in effect on July 18, 1994 to be applied using the gross 
register tonnage (Regulatory Measurement System), to a vessel whose 
keel was laid on or after July 18, 1982 but before July 19, 1994, and 
which did not subsequently undergo alterations resulting in a change 
substantially affecting its tonnage as deemed by the Commandant.
    (B) For a foreign flag vessel, these resolutions allow tonnage 
thresholds in effect on July 18, 1994 to be applied, at the vessel 
owner's option, using the foreign country's national measurement system 
tonnage, to a vessel whose keel was laid on or after July 18, 1982, but 
on or before July 18, 1994, and which did not undergo alterations after 
July 18, 1994 of a magnitude deemed by that country to constitute a 
substantial variation in its tonnage subject to the provisions of these 
resolutions.
    (iii) Any other international grandfathering provisions as 
authorized under appropriate International Maritime Organization 
instruments to which the United States is a party, or which are 
otherwise recognized or accepted by the United States.
    (2) For all other vessels, apply all tonnage thresholds using 
Regulatory Measurement System tonnage.
    (c) Federal Statutes and Regulations. Unless otherwise provided for 
by law, apply tonnage thresholds in Federal statutes and regulations as 
follows:
    (1) For vessels measured under the Convention Measurement System 
only, apply all thresholds using Convention Measurement System tonnage.
    (2) For vessels measured under the Regulatory Measurement System 
only, apply all thresholds using Regulatory Measurement System tonnage.
    (3) For all other vessels, apply thresholds in effect before July 
19, 1994 using the vessel's Regulatory Measurement System tonnage, and 
all other thresholds using the vessel's Convention Measurement System 
tonnage.
    (d) Alternate Tonnage.
    (1) Alternate tonnage is a regulatory framework established by 
Public Law 104-324, which authorizes the Coast Guard to establish 
tonnage thresholds based on the Convention Measurement System as an 
alternative to tonnage thresholds based on the Regulatory Measurement 
System. Although Public Law 104-324 addresses only thresholds in 
Federal statutes, it does not preclude establishing alternate tonnage 
thresholds for Federal regulations that currently specify thresholds 
that were based on the Regulatory Measurement System, where 
appropriate.
    (2) A vessel regulated to an alternate tonnage threshold 
established under this part must not be measured under the Regulatory 
Measurement System.


Sec.  69.25  [Amended]

0
13. Amend Sec.  69.25 as follows:
0
a. In paragraph (a), after the words ``General violation. The'', add 
the word ``vessel''; and
0
b. In paragraphs (a) and (b), remove the figure ``$20,000'', and add, 
in its place, the figure ``$30,000''.
0
14. Amend Sec.  69.27 as follows:
0
a. Revise paragraphs (a), (b) introductory text, (b)(4), and (b)(5) to 
read as follows; and
0
b. In paragraphs (c)(3) and (c)(4), remove the words ``Convention, 
Standard, and Dual Measurement Systems'' and add, in their place, the 
words ``subparts B, C, or D of this part''.

[[Page 19440]]

Sec.  69.27  Delegation of authority to measure vessels.

    (a) Under 46 U.S.C. 14103, the Coast Guard is authorized to 
delegate to a ``qualified person'' the authority to measure and certify 
U.S. flag vessels under this part.
    (b) Authority to measure and certify U.S. flag vessels under the 
Convention Measurement System and Standard and Dual Regulatory 
Measurement Systems may be delegated to an organization that:
* * * * *
    (4) Is capable of providing all measurement services under subparts 
B, C, or D of this part for vessels domestically and internationally;
    (5) Maintains a tonnage measurement staff that has practical 
experience in measuring U.S. flag vessels under subparts B, C, or D of 
this part; and
* * * * *
0
15. Add Sec.  69.28 to read as follows:


Sec.  69.28  Acceptance of measurement by a foreign country.

    (a) The Commandant must accept the measurement of a foreign flag 
vessel by a foreign country as complying with subpart B of this part 
if--
    (1) The vessel was measured under the terms of the Convention and 
the foreign country is party to the Convention; or
    (2) The Commandant finds that the laws and regulations of that 
country related to measurement are similar to those of subpart B of 
this part.
    (b) The Commandant may accept the measurement of a foreign flag 
vessel by a foreign country as complying with subpart C, D, or E of 
this part if the Commandant finds that the laws and regulations of that 
country related to measurement are substantially similar to those of 
subpart C, D, or E, respectively, of this part.

Subpart B--Convention Measurement System

0
16. Amend Sec.  69.53 by removing the definitions of ``Gross tonnage'' 
and ``Net tonnage'' and by adding the definition of ``Boundary 
bulkhead'' to read as follows:


Sec.  69.53  Definitions.

* * * * *
    Boundary bulkhead means the bulkhead or partition that separates an 
enclosed interior space from the surrounding weather. In general, the 
exterior bulkhead of a deck structure is the boundary bulkhead.
* * * * *


Sec.  69.55  [Amended]

0
17. Amend Sec.  69.55 paragraph (d) by removing the words ``and year'' 
and by adding, after the word ``built'', the words ``and delivery date 
(or scheduled delivery date)''.


Sec.  69.57  [Amended]

0
18. Amend Sec.  69.57 as follows:
0
a. In the section heading, add the word ``ITC'' after the words ``Gross 
tonnage''; and
0
b. After the words ``Gross tonnage'' and the text ``GT'', wherever they 
appear, add the word ``ITC''.


Sec.  69.59  [Amended]

0
19. In Sec.  69.59, at the end of the section, add a sentence to read 
as follows:


Sec.  69.59  Enclosed spaces.

    * * * Portable enclosed spaces, regardless of method of attachment 
to the vessel, are treated as enclosed spaces as defined in this 
section.
0
20. Amend Sec.  69.61 as follows:
0
a. Revise paragraph (a) to read as set out below; and
0
b. In paragraph (g), remove the words ``paragraphs (b) through (f)'' 
and add, in their place, the words ``paragraphs (a) through (f)''.


Sec.  69.61  Excluded spaces.

    (a) Excluded space means an enclosed space which is excluded from 
the total volume of all enclosed spaces (V) in calculating gross 
tonnage ITC. Spaces that are below the upper deck and open to the sea, 
as well as those spaces listed in paragraphs (b) through (f) of this 
section, are excluded spaces, except as under paragraph (g) of this 
section.
* * * * *


Sec.  69.63  [Amended]

0
21. Amend Sec.  69.63 as follows:
0
a. In the section heading, add the word ``ITC'' after the words ``Net 
tonnage''; and
0
b. After the words ``net tonnage'', ``gross tonnage'', ``GT'', and 
``NT'', wherever they appear, add the word ``ITC''.
0
22. Revise Sec.  69.65 to read as follows:


Sec.  69.65  Calculation of volumes.

    (a) Volumes V and Vc used in calculating gross tonnage 
ITC and net tonnage ITC, respectively, must be measured and calculated 
according to accepted naval architectural practices for the spaces 
concerned.
    (b) Measurements must be taken, regardless of the fitting of 
insulation or the like, to the inner side of the shell or structural 
boundary plating in vessels constructed of metal, and to the outer 
surface of the shell or to the inner side of structural boundary 
surfaces in all other vessels.
0
23. Revise Sec.  69.69 to read as follows:


Sec.  69.69  Tonnage certificates.

    (a) On request of the vessel owner, the authorized measurement 
organization must issue an International Tonnage Certificate (1969) as 
evidence of the vessel's measurement under this subpart for a vessel 
that is 24 meters (79.0 feet) or more in registered length, will engage 
on a foreign voyage, and is not a vessel of war. The Certificate is 
delivered to the vessel owner or master and must be maintained on board 
the vessel when it is engaged on a foreign voyage. For a vessel for 
which a remeasurement under Sec.  69.71 of this subpart resulted in a 
net tonnage ITC decrease due to changes other than alterations or 
modifications to the vessel deemed by the Commandant to be of a major 
character, an International Tonnage Certificate (1969) reflecting the 
decreased net tonnage ITC will not be reissued until 12 months have 
elapsed from the date of measurement indicated on the current 
certificate.
    (b) If an International Tonnage Certificate (1969) is not issued 
for a vessel measured under this part, the measurement organization 
must issue a U.S. Tonnage Certificate as evidence of the vessel's 
measurement under this subpart, which must also indicate the vessel's 
measurement under any other subpart of this part. There is no 
requirement to maintain the U.S. Tonnage Certificate on board the 
vessel.
    (c) For a vessel that transfers flag to a foreign country that is 
party to the Convention, the International Tonnage Certificate (1969) 
remains valid for a period not to exceed 3 months after the flag 
transfer, or until an International Tonnage Certificate (1969) is 
issued under authority of the foreign country to replace it, whichever 
is earlier.


Sec.  69.71  [Amended]

0
24. In Sec.  69.71(c)(2), remove the word ``Coast Guard'', and in its 
place add the word ``Commandant''.
0
25. In Sec.  69.73, revise the section heading and paragraph (b) to 
read as follows:


Sec.  69.73  Treatment of novel type vessels.

* * * * *
    (b) Requests for a determination must be submitted to the 
Commandant, explaining the reasons for seeking a determination, and 
including a description of the spaces in question, if applicable.
0
26. In Sec.  69.75, revise Figures 1-11 to read as follows:
BILLING CODE 9110-04-P

[[Page 19441]]

Sec.  69.75  Figures.
[GRAPHIC] [TIFF OMITTED] TP08AP14.000


[[Page 19442]]


[GRAPHIC] [TIFF OMITTED] TP08AP14.001

BILLING CODE 9110-04-C

Subpart C--Standard Regulatory Measurement System

0
27. Revise the heading for Subpart C to read as shown above.


Sec.  69.101  [Amended]

0
28. In Sec.  69.101, after the word ``Standard'', add the word 
``Regulatory''.
0
29. Amend Sec.  69.103 as follows:
0
a. In the definition of ``Gross tonnage'', after the word ``Gross'', 
add the word ``register'';
0
b. Add, in alphabetical order, the definitions of ``Line of the normal 
frames'', ``Line of the ordinary frames'', ``Normal frame'', ``Ordinary 
frame'', ``Tonnage interval'', ``Tonnage station'', ``Water ballast 
double bottom'', and ``Zone of influence method'' to read as set forth 
below;

[[Page 19443]]

0
c. In the definition of ``Net tonnage'', after the word ``Net'', add 
the word ``register''; and
0
d. Revise the definitions of ``Superstructure'' and ``Uppermost 
complete deck'' to read as set forth below.


Sec.  69.103  Definitions.

* * * * *
    Line of the normal frames means the imaginary horizontal line that 
connects the inboard faces of the smallest normal frames.
    Line of the ordinary frames means the line of intersection of the 
imaginary surface or surfaces tangent to the inboard faces of the 
ordinary frames (or the inside of the vessel's skin, if there are no 
ordinary frames), and the imaginary plane running transversely through 
the vessel at the tonnage station of interest.
* * * * *
    Normal frame means a frame, regardless of size, used to stiffen a 
structure.
    Ordinary frame means a primary side or bottom frame or floor used 
for strengthening the hull.
* * * * *
    Superstructure means all permanently closed-in structures, 
including all portable enclosed spaces, on or above the line of the 
uppermost complete deck or, if the vessel has a shelter deck, on or 
above the line of the shelter deck. Examples of superstructure spaces 
include forecastles, bridges, poops, deckhouses, breaks, portable 
tanks, and modular quarters units.
* * * * *
    Tonnage interval means the longitudinal distance between transverse 
sections of a vessel's under-deck, between-deck, or superstructure when 
divided into an even number of equal parts for purposes of volume 
integration.
* * * * *
    Tonnage station means the longitudinal location of each transverse 
section where breadth and depth measurements are taken when calculating 
under-deck volumes under this subpart. Tonnage stations are numbered 
consecutively from fore to aft, beginning with the number one.
    Uppermost complete deck is defined in Sec.  69.108 of this subpart.
    Water ballast double bottom means a space at the bottom of a vessel 
between the inner and outer bottom plating, used solely for water 
ballast.
    Zone of influence method means a Simpson's first rule integration 
method for determining volumes of under-deck spaces that limits the 
sectional areas associated with these spaces to the sectional areas at 
adjacent under-deck tonnage stations, depending on their proximity to 
those stations. For stations for which the under-deck sectional areas 
are multiplied by four, the zone of influence extends two-thirds of a 
tonnage interval on either side of the under-deck station, and for the 
remaining stations, the zone of influence extends one-third of a 
tonnage interval on either side of the station.


Sec.  69.105  [Amended]

0
30. Amend Sec.  69.105 paragraph (d) by removing the words ``and 
year'', and, after the word ``built'', adding the words ``and delivery 
date (or scheduled delivery date)''.
0
31. Amend Sec.  69.107 as follows:
0
a. Revise the section heading, paragraph (a) introductory text, and 
paragraph (b) to read as set forth below; and
0
b. Add paragraph (c).


Sec.  69.107  Gross and net register tonnage.

    (a) The vessel's gross register tonnage is the sum of the following 
tonnages, less the tonnages of certain spaces exempt under Sec.  
69.117:
* * * * *
    (b) The vessel's net register tonnage is the gross register tonnage 
less deductions under Sec. Sec.  69.119 and 69.121.
    (c) The authorized measurement organization must issue a U.S. 
Tonnage Certificate as evidence of a vessel's measurement under this 
subpart, which must also indicate the vessel's measurement under 
subpart B of this part, if applicable. There is no requirement to 
maintain the U.S. Tonnage Certificate on board the vessel.
0
32. Add Sec.  69.108 to read as follows:


Sec.  69.108  Uppermost complete deck.

    (a) Defined. ``Uppermost complete deck'' means the uppermost deck 
which extends from stem to stern and from side to side at all points of 
its length and is bound by the vessel's hull.
    (b) Restrictions. The uppermost complete deck must not--
    (1) Extend above any space exempted as open space under paragraph 
(d) of Sec.  69.117;
    (2) Extend below the design waterline, except in the case of 
vessels such as submersibles, where the entire uppermost complete deck 
is submerged during normal operations; or
    (3) Rest directly on consecutive or alternating ordinary bottom 
frames or floors for a distance of over one-half of the tonnage length.
    (c) Deck discontinuities. Decking athwartships of the following 
deck discontinuities is not considered to be part of the uppermost 
complete deck:
    (1) Through-deck openings that are not protected from the sea and 
the weather, such as would be provided by hatch covers or a surrounding 
superstructure that encloses the opening and whose area is more than 10 
percent of the total deck area from stem to stern as viewed from above.
    (2) Middle line openings conforming to the requirements of Sec.  
69.117(e)(2).
    (3) Deck recesses that are not through-hull for which the depth of 
the deck recess at its deepest point is more than 5 feet below adjacent 
portions of the deck, and whose area (as viewed from above) is more 
than 10 percent of the total deck area from stem to stern, as viewed 
from above.
    (4) Notches bound by a deck below that wrap around from the ends to 
the sides of the vessel for which the depth at the deepest point is 
more than 5 feet below adjacent portions of the deck, the area is more 
than 1 percent of the total deck area from stem to stern as viewed from 
above, the length of the notch in the direction of the vessel's 
longitudinal axis exceeds 10 feet at any point across its width, and 
the width of the notch in the direction of the vessel's longitudinal 
axis exceeds 2 feet at any point along its length.
0
33. Amend Sec.  69.109 as follows:
0
a. In paragraph (c) after the words ``two or less'', ``more than two'', 
and ``is the second'', add the word ``enumerated'';
0
b. Revise paragraphs (d), (e)(2), (f)(2), (n), and (o)(1) to read as 
set forth below;
0
c. Add paragraphs (f)(4) and (p) to read as set forth below;
0
d. In paragraph (f)(1), after the words ``inboard face of the'', add 
the word ``ordinary'';
0
e. In paragraph (g)(2), after the words ``division of the tonnage 
length'' add the words ``, whose location is referred to as a tonnage 
station, and assigned sequential tonnage station numbers, beginning at 
the stem'';
0
f. In paragraph (h)(1) remove the word ``cellular'' and add, in its 
place, the words ``water ballast'', and in paragraphs (h)(2) and 
(h)(3), after the words ``tank top of a'', add the words ``water 
ballast'';
0
g. In paragraph (i)(3), after the words ``Where there is no'', add the 
words ``water ballast'';
0
h. In paragraph (i)(4) remove the word ``certerline'' and add, in its 
place, the word ``centerline''; and
0
i. In paragraph (m), after the words ``six inches in height in its'', 
add the words ``water ballast''.


Sec.  69.109  Under-deck tonnage.

* * * * *
    (d) Enumerating the decks to identify the second deck from the 
keel. The

[[Page 19444]]

uppermost complete deck is an enumerated deck. Decks below the 
uppermost complete deck that extend from stem to stern and side to side 
at all points along their lengths are also enumerated, provided they 
are not disqualified by either of the following deck discontinuities:
    (1) A through-deck opening that is not fitted with a cover (or 
equivalent) and whose area is more than 10 percent of the total deck 
area, as viewed from above.
    (2) A deck recess that is not through-hull for which the depth at 
its deepest point is more than 5 feet below adjacent portions of the 
deck and whose area as viewed from above is more than 10 percent of the 
total deck area from stem to stern, as viewed from above.
    (e) * * *
    (2) If the tonnage deck is stepped, the line of the tonnage deck is 
the longitudinal line of the underside of the lowest portion of that 
deck parallel with the upper portions of that deck. Steps that do not 
extend from side to side or are less than 3 feet in length are ignored 
when establishing the line of the tonnage deck. (See Sec.  69.123, 
figures 1 and 2.) Spaces between the line of the tonnage deck and the 
higher portions of that deck are not included in under-deck tonnage.
    (f) * * *
    (2) For a vessel having a headblock or square end with framing 
which extends from the tonnage deck to the bottom of the vessel, the 
tonnage length terminates on the inboard face of the headblock or 
ordinary end frames. (See Sec.  69.123, figure 4.)
* * * * *
    (4) The forward and after termini of the tonnage length must be a 
distance of no more than 8\1/2\ feet from the associated inboard 
surface of the skin of the hull at the bow and stern as measured at the 
centerline of the vessel, and the after terminus must not be forward of 
the centerline of the rudderstock.
* * * * *
    (n) Spaces open to the sea. In calculating the tonnage of spaces 
below the uppermost complete deck, subtract from each breadth 
measurement the portion of that measurement that spans a space, or a 
portion thereof, that is open to the sea.
    (o) * * *
    (1) An open vessel is a vessel without an uppermost complete deck.
* * * * *
    (p) General requirements on ordinary frames.
    (1) Construction. An ordinary frame must not be penetrated by an 
intersecting frame used to strengthen the vessel's hull, except in a 
vessel of wooden construction. Ordinary frames must be of the same 
material, or have the same material properties, as the adjacent hull, 
and attach to the adjacent hull to at least the same extent as adjacent 
ordinary and normal frames. If comprised of different elements, the 
elements must be joined to each other to the same extent that the frame 
is joined to the hull. The frame, or portions thereof, not meeting 
these requirements must be treated as if not there when establishing 
the line of the ordinary frames.
    (2) Frame spacing and extension. Ordinary frames used to establish 
the line of the ordinary frames must be spaced on centers that are a 
maximum of 4 feet apart. These frames must extend for a length of at 
least one tonnage interval that begins at, ends at, or crosses the 
associated tonnage station. For a longitudinally-framed vessel, the 
frames must begin and end at a transverse ordinary frame or at the 
vessel's hull.
    (3) Different sized framing. When an ordinary frame has a different 
depth of frame than an adjacent ordinary frame, the line of ordinary 
frames is established using the set of alternating frames that yields 
the smallest sectional area at the associated tonnage station, with the 
sectional area based on the frame with the smallest depth of frame in 
the chosen alternating set.
    (4) Frame openings. If an opening in an ordinary frame exceeds an 
area of 255 square inches (345 square inches in a fuel tank), or is 
penetrated by a frame other than an ordinary frame, the line of the 
ordinary frames is established as if the frame material above and 
inboard of the opening is not there. Similarly, frame material 
separating adjacent openings that are within the longest linear 
dimension of either opening must be treated as if not there when 
establishing the line of the ordinary frames.
    (5) Asymmetrical framing. Where ordinary frames are configured such 
that the line of the ordinary frames would be asymmetrical about the 
centerline of the vessel, breadth measurements are determined by taking 
half-breadths on the side of the vessel that yields the greatest 
sectional area at the associated tonnage station, and multiplying those 
half-breadths by a factor of two to yield the full breadths.
0
34. Amend Sec.  69.111 as follows:
0
a. Revise paragraph (b)(2) to read as set forth below;
0
b. In paragraph (c)(1), remove the words ``inboard face of the normal 
side frames'' and add, in their place, the words ``normal frames''; and
0
c. In paragraph (c)(3), remove the words ``between the faces of the 
normal side frames''; and after the words ``of the space'', add the 
words ``to the line of the normal frames''.


Sec.  69.111  Between-deck tonnage.

* * * * *
    (b) * * *
    (2) If the uppermost complete deck is stepped, the line of the 
uppermost complete deck is the longitudinal line of the underside of 
the lowest portion of that deck parallel with the upper portions of 
that deck. Steps that do not extend from side to side or are less than 
3 feet in length are ignored when establishing the line of the 
uppermost complete deck. Spaces between the line of the uppermost 
complete deck and the higher portions of the deck are included in 
superstructure tonnage.
* * * * *
0
35. Amend Sec.  69.113 as follows:
0
a. Revise paragraphs (a) and (b)(1) to read as set forth below;
0
b. In paragraph (b)(3), after the words ``inside breadth'', add the 
words ``to the line of the normal frames''; and
0
c. In paragraph (f), add a sentence to the end of the paragraph to read 
as set forth below.


Sec.  69.113  Superstructure tonnage.

    (a) Defined. ``Superstructure tonnage'' means the tonnage of all 
superstructure spaces.
    (b) * * *
    (1) Measure the length of each structure along its centerline at 
mid-height to the line of the normal frames. (See Sec.  69.123, figure 
11.)
* * * * *
    (f) * * * All measurements are terminated at the line of the normal 
frames.
0
36. Revise Sec.  69.115(c) to read as follows:


Sec.  69.115  Excess hatchway tonnage.

* * * * *
    (c) From the sum of the tonnage of the hatchways under this 
section, subtract one-half of one percent of the vessel's gross 
register tonnage exclusive of the hatchway tonnage. The remainder is 
added as excess hatchway tonnage in calculating the gross register 
tonnage.
0
37. Amend Sec.  69.117 as follows:
0
a. Revise the section heading and paragraphs (c)(3), (d)(1), (d)(2) 
introductory text, and (d)(2)(i) to read as set forth below;
0
b. In paragraph (a), remove the word ``gross'';
0
c. Remove paragraphs (c)(4) and (f)(4)(iii);

[[Page 19445]]

0
d. Redesignate paragraphs (f)(4)(iv) through (f)(4)(ix) to (f)(4)(iii) 
through (f)(4)(viii), respectively;
0
e. In paragraph (d)(3) introductory text, after the text ``(d)(2)(i)'', 
add the text ``, (d)(2)(ii), and''; remove the word ``through''; and 
add as the last sentence, ``The following additional requirements 
apply:'';
0
f. Add paragraphs (d)(3)(i), (d)(3)(ii), and (d)(8) to read as set 
forth below;
0
g. In paragraphs (d)(5)(ii) and (d)(6)(iii), after the words ``tightly 
against the'', add the words ``weather side of the'';
0
h. In paragraph (d)(7), remove the initial word ``A'', and add, in its 
place, the words ``Notwithstanding the opening size requirements of 
paragraph(d)(2) of this section, a'';
0
i. In paragraph (e) introductory text, remove the words ``next lower 
deck'' and add, in their place, the words ``uppermost complete deck'';
0
j. In paragraph (e)(1), remove the words ``next lower deck'', and add, 
in their place, ``uppermost complete deck'', and after the words 
``exempt from'', delete the word ``gross'';
0
k. In paragraph (e)(2)(v), add as the last sentence, ``Battening, 
caulking, seals, or gaskets of any material may not be used in 
association with any middle line opening cover.'';
0
l. In paragraph (f) introductory text, remove the word ``gross'';
0
m. In paragraph (f)(4), after the words ``to be exempted from'', remove 
the word ``gross'', and after the words ``percent of the vessel's 
gross'', add the word ``register'';
0
n. In paragraph (f)(5), add as the last sentence, ``Changes in vessel 
service must also be reported if a water ballast justification was 
required to be submitted for the vessel.''; and
0
o. In paragraph (g)(3), after the words ``under-deck was divided'', add 
the words ``, and the zone of influence method must be applied if the 
ordinary frames upon which the under-deck breadth measurements are 
based do not have the same depth of frame''.


Sec.  69.117  Spaces exempt from inclusion in tonnage.

* * * * *
    (c) * * *
    (3) A passenger space located on, or above the first deck above the 
uppermost complete deck is exempt from tonnage. To qualify as the first 
deck above the uppermost complete deck, the deck must be at least 6 
inches above the uppermost complete deck at all points along its 
length.
    (d) * * *
    (1) Structures that are located on or above the line of the 
uppermost complete deck that are under cover (sheltered), but open to 
the weather are exempt from tonnage as open space. The following 
additional requirements apply:
    (i) If a structure is divided into compartments, only those 
compartments which are open to the weather are exempt from tonnage 
under the provisions of this section.
    (ii) Open space cannot progress vertically through openings in a 
deck within the structure.
    (iii) A space that is outside a structure's boundary bulkhead as 
defined in Sec.  69.53 is considered open to the weather provided the 
space is eligible to be treated as an excluded space under the 
provisions of Sec.  69.61, regardless of whether or not the space is 
fitted with means designed for securing cargo or stores.
    (2) A structure is considered open to the weather when an exterior 
end bulkhead of the structure is open and, except as provided in 
paragraphs (d)(4), (d)(5), and (d)(6) of this section, is not fitted 
with any means of closing. To be considered open to the weather, the 
end bulkhead must not have a coaming height of more than 2 feet in way 
of any required opening nor any permanent obstruction within 2\1/2\ 
feet of the opening, it must be fitted with a deck or platform that is 
a minimum of 2\1/2\ feet wide on the exterior side of the opening, and 
it must have one of the following:
    (i) Two openings, each at least 3 feet wide and at least 4 feet 
high in the clear, one on each side of the centerline of the structure. 
If the openings lead to two separate interior compartments, there must 
be circulation of open space between the two compartments via a single 
such opening, or series of such openings, in the intermediate 
bulkhead(s).
* * * * *
    (3) * * *
    (i) For the interior compartment to be considered open to the 
weather, any compartment or series of compartments from which the open 
space progresses must have an opening or openings meeting the 
requirements for end bulkhead openings, except that the opening(s) need 
not be located in the forward or after end of the compartment.
    (ii) Open space may not progress from a space that is open under 
the provisions of paragraph (d)(1)(iii) of this section unless the 
space may also be considered open under another provision of this 
section.
* * * * *
    (8) A structure is considered open to the weather if--
    (i) Both sides of the structure are open and not fitted with any 
means of closing other than temporary covers meeting the requirements 
of paragraphs (d)(4), (d)(5), and (d)(6) of this section;
    (ii) The openings are directly across from each other, are not 
separated by a bulkhead or bulkheads, and do not have any permanent 
obstruction within 2\1/2\ feet of either opening; and
    (iii) The openings have a continuous height of at least 3 feet, or 
the full height of the structure, whichever is less, and either extend 
the full length of the structure or each have an area of 60 square 
feet.
* * * * *


Sec.  69.119  [Amended]

0
38. Amend Sec.  69.119 as follows:
0
a. In the section heading and paragraph (a), remove the word ``gross''; 
and
0
b. In paragraphs (d) and (m), after the word ``gross'', add the word 
``register''.
0
39. Amend Sec.  69.121 as follows:
0
a. In paragraphs (a), (b)(2)(vii), (d)(3), (e)(1), (e)(2)(i) through 
(e)(2)(iii), and (e)(3)(i) through (e)(3)(iii), after the word 
``gross'', wherever it appears, add the word ``register''; and in 
paragraphs (e)(2)(iii) and (e)(3)(iii), remove the words ``vessel's 
owner'' and add, in their place, the words ``vessel owner''; and
0
b. In paragraph (b)(1), remove the word ``gross'', wherever it appears; 
and
0
c. Revise paragraph (d)(1) to read as follows:


Sec.  69.121  Engine room deduction.

* * * * *
    (d) * * *
    (1) Under Sec.  69.117(b)(4), framed-in spaces located above the 
line of the uppermost complete deck and used for propelling machinery 
or for admitting light or air to a propelling machinery space are 
exempt from inclusion in tonnage. However, upon written request to a 
measurement organization listed in Sec.  69.15, the vessel owner may 
elect to have these spaces included in calculating the gross register 
tonnage, then deducted from the gross register tonnage as propelling 
machinery spaces under paragraph (b)(2)(viii) of this section when 
calculating the net register tonnage.
0
40. In Sec.  69.123, revise Figures 1-14 to read as follows:
BILLING CODE 9110-04-P

[[Page 19446]]

Sec.  69.123  Figures.
[GRAPHIC] [TIFF OMITTED] TP08AP14.002


[[Page 19447]]


[GRAPHIC] [TIFF OMITTED] TP08AP14.003


[[Page 19448]]


[GRAPHIC] [TIFF OMITTED] TP08AP14.004

BILLING CODE 9110-04-C

Subpart D--Dual Regulatory Measurement System

0
41. Revise the heading of subpart D to read as shown above.


Sec.  69.151  [Amended]

0
42. In Sec.  69.151, after the words ``one net'' and ``two net'', add 
the word ``register'', and remove the words ``the Dual Measurement 
System'' and add, in their place, the words ``this subpart''.


Sec.  69.153  [Amended]

0
43. In Sec.  69.153, after the words ``two gross'' and ``higher 
gross'', add the word ``register''.


Sec.  69.155  [Amended]

0
44. In Sec.  69.155, remove the words ``the Dual Measurement System'' 
and add, in their place, the words ``this subpart'' and remove the 
words ``the Standard Measurement System in''.


Sec.  69.157  [Amended]

0
45. In Sec.  69.157, in the definitions of ``Gross tonnage'' and ``Net 
tonnage'', before the word ``tonnage'', add the word ``register''.


Sec.  69.159  [Amended]

0
46. In Sec.  69.159, remove the words ``for the Standard Measurement 
System''.
0
47. Amend Sec.  69.161 as follows:
0
a. Revise the section heading to read as set forth below;
0
b. In paragraphs (a) introductory text, (a)(5), and (b), after the word 
``gross'', add the word ``register'';
0
c. In paragraph (b) after the word ``net'' add the word ``register''; 
and
0
d. Add paragraph (c) to read as follows:


Sec.  69.161  Gross and net register tonnages.

* * * * *

[[Page 19449]]

    (c) The authorized measurement organization must issue a U.S. 
Tonnage Certificate as evidence of a vessel's measurement under this 
subpart, which must also indicate the vessel's measurement under 
subpart B of this part, if applicable. There is no requirement to 
maintain the U.S. Tonnage Certificate on board the vessel.


Sec.  69.163  [Amended]

0
48. In Sec.  69.163, remove the words ``the dual Measurement System'' 
and add, in their place, the words ``this subpart''.


Sec.  69.165  [Amended]

0
49. In Sec.  69.165, remove the words ``the dual Measurement System'' 
and add, in their place, the words ``this subpart''.


Sec.  69.167  [Amended]

0
50. In Sec.  69.167, remove the words ``the dual Measurement System'' 
and add, in their place, the words ``this subpart''.


Sec.  69.169  [Amended]

0
51. Amend Sec.  69.169 as follows:
0
a. In the section heading, remove the word ``gross''.
0
b. In Sec.  69.169, remove the word ``gross'', wherever it appears.


Sec.  69.173  [Amended]

0
52. In Sec.  69.173, before the word ``tonnage'', wherever it appears, 
add the word ``register''.


Sec.  69.175  [Amended]

0
53. Amend Sec.  69.175 as follows:
0
a. In paragraph (a), after the words ``two net'', add the word 
``register''; and remove the words ``one net tonnage'', and add, in 
their place, the words ``one net register tonnage corresponding to the 
lower gross and net register tonnages'';
0
b. In paragraph (b), after the words ``two net'', add the word 
``register''; and
0
c. In paragraph (c), after the words ``low net'', add the word 
``register'', and after the words ``On these vessels,'' add the words 
``a load line must be assigned at a level below the line of the second 
deck, and''.


Sec.  69.177  [Amended]

0
54. Amend Sec.  69.177 as follows:
0
a. In paragraph (a)(1), remove the words ``the Dual Measurement 
System'' and add, in their place, the words ``this subpart'';
0
b. In paragraph (a)(6)(i), after the words ``one net'', add the word 
``register'';
0
c. In paragraph (c), after the word ``two net'', add the word 
``register''; and
0
d. In paragraph (d), after the words ``side of the vessel'' add the 
words ``, except in the case of a freeboard deck line mark placed at 
the location of the second deck if the second deck is the actual 
freeboard deck for purposes of a vessel's load line assignment''.
0
55. In Sec.  69.181, revise Examples (1) and (2) to read as follows:


Sec.  69.181  Locating the line of the second deck.

* * * * *
BILLING CODE 9110-04-P

[[Page 19450]]

[GRAPHIC] [TIFF OMITTED] TP08AP14.005

0
56. In Sec.  69.183(a), (b), and (c), revise the images to read as 
follows:


Sec.  69.183  Figures.

    (a) * * *
    [GRAPHIC] [TIFF OMITTED] TP08AP14.006
    

[[Page 19451]]


    (b) * * *
    [GRAPHIC] [TIFF OMITTED] TP08AP14.007
    
    (c) * * *
    [GRAPHIC] [TIFF OMITTED] TP08AP14.008
    
BILLING CODE 9110-04-C

Subpart E--Simplified Regulatory Measurement System

0
57. Revise the heading to Subpart E to read as shown above.


Sec.  69.201  [Amended]

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58. In Sec.  69.201, after the word ``Simplified'' and before the word 
``Measurement'', add the word ``Regulatory''.

[[Page 19452]]

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59. Revise Sec.  69.205 to read as follows:


Sec.  69.205  Application for measurement services.

    (a) Except as noted under paragraph (c) of this section, to apply 
for measurement under this subpart, the vessel owner must complete an 
Application for Simplified Measurement (form CG-5397). If the vessel is 
documented, or intended to be documented, as a vessel of the United 
States under part 67 of this chapter, the vessel owner must submit the 
application form to the National Vessel Documentation Center. 
Otherwise, the form is not further processed, but may be retained, at 
the vessel owner's option, as evidence of the tonnage measurement under 
this part.
    (b) The Application for Simplified Measurement (form CG-5397) must 
include the following information:
    (1) Vessel's name and number (e.g., official number, International 
Maritime Organization (IMO) number, Coast Guard number).
    (2) Vessel hull identification number or other number assigned by 
builder.
    (3) Hull material.
    (4) Hull shape.
    (5) Overall length, breadth, and depth of vessel and each of the 
vessel's individual hulls.
    (6) Location of any propelling machinery (e.g., inside or outside 
of the hull).
    (7) Dimensions of the principal deck structure, if its volume 
exceeds the volume of the hull.
    (c) At the vessel owner's option, a Builder's Certification and 
First Transfer of Title (form CG-1261) which includes the same 
information specified in paragraph (b) of this section may be submitted 
to the National Vessel Documentation Center instead of the Application 
for Simplified Measurement for a vessel that is documented, or intended 
to be documented, as a vessel of the United States under part 67 of 
this chapter.


Sec.  69.207  [Amended]

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60. In Sec.  69.207(a), remove the word ``half''; and remove the text 
``.05'' and add, in its place, the word ``tenth''.
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61. Amend Sec.  69.209 as follows:
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a. Revise the section heading to read as set forth below;
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b. In paragraph (a), after the word ``gross'', wherever it appears, add 
the word ``register'';
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c. In paragraphs (b) introductory text, (b)(1)(i), (b)(1)(ii), and 
(b)(2), after the words ``net'' and ``gross'', wherever they appear, 
add the word ``register''; and
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d. Add paragraph (c) to read as follows:


Sec.  69.209  Gross and net register tonnages.

* * * * *
    (c) Certification of measurement. For a vessel that is documented 
as a vessel of the United States under part 67 of this chapter, the 
vessel's Certificate of Documentation serves as evidence of measurement 
under this subpart. For all other vessels, a completed Application for 
Simplified Measurement (form CG-5397) serves as evidence of the tonnage 
measurement under this part.
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62. Add Sec.  69.211 to read as follows:


Sec.  69.211  Treatment of novel type vessels.

    Refer questions regarding the application of the tonnage 
measurement rules under this subpart to novel type vessels to the 
Commandant.

    Dated: March 25, 2014.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2014-07321 Filed 4-7-14; 8:45 am]
BILLING CODE 9110-04-P


