[Federal Register Volume 66, Number 8 (Thursday, January 11, 2001)]
[Proposed Rules]
[Pages 2385-2395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-870]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 66

[USCG-1998-3798]
RIN 2115-AF13


Numbering of Undocumented Barges

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to promulgate statutory requirements 
for numbering and marking barges in reserved part 66 of Title 46, Code 
of Federal Regulations. This rulemaking

[[Page 2386]]

will establish a statutorily required numbering system for undocumented 
barges more than 100 gross tons operating on the navigable waters of 
the United States. A barge numbering system will help identify parties 
responsible for the illegal abandonment of barges and prevent future 
marine pollution from abandoned barges.

DATES: Comments and related material must reach the Docket Management 
Facility on or before April 11, 2001. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
on or before March 12, 2001.

ADDRESSES: To make sure your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility, USCG-1998-3798, U.S. 
Department of Transportation, room PL-401, 400 Seventh Street, SW., 
Washington, DC 20590-0001.
    (2) By delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    You must also mail comments on collection of information to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725 17th Street, NW., Washington, DC 20503, ATTN: Desk Officer, 
U.S. Coast Guard.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: For questions on this proposed rule, 
call LCDR Robyn MacGregor, Project Manager, Office of Waterways 
Security and Safety (G-MWP), Coast Guard, telephone 202-267-0483. For 
questions on viewing or submitting material to the docket, call Dorothy 
Beard, Chief, Dockets, Department of Transportation, telephone 202-366-
9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (USCG-1998-
3798), indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, hand delivery, fax, or electronic 
means to the Docket Management Facility at the address under ADDRESSES; 
but please submit your comments and material by only one means. If you 
submit them 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 them by mail and would like to know 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. We may change this proposed rule in view of them.

Public Meeting

    The Coast Guard plans no public meeting. You may request a public 
meeting by submitting a comment requesting one to the address under 
ADDRESSES. The request should include the reasons why a meeting would 
be beneficial. If the Coast Guard determines that a meeting should be 
held, we will announce the time and place in a later notice in the 
Federal Register.

Background and Purpose

    According to a 1992 Government Accounting Office (GAO) report on 
abandoned vessels, nearly 1,300 vessels were abandoned in the navigable 
waters of the United States. Almost 600 of the abandonments were 
barges. According to the same report, between the years of 1988 and 
1992, 82 water pollution incidents occurred which originated from 
abandoned vessels, 37 of which required cleanup operations. During that 
period, the Coast Guard conducted oil removal operations for 14 
additional vessels that posed a potential threat of discharge or 
release. The combined cost of these operations was $4.4 million, with 
$2.5 million spent on two separate removal operations from the same 
vessel, an abandoned barge located in Empire, Louisiana.
    During the 1988 to 1992 period, barges that used inland waterways 
were exempted from vessel documentation. Additionally, there were no 
Federal laws prohibiting vessel owners from abandoning vessels. 
Therefore, it was often very difficult to identify and locate owners of 
abandoned vessels. In many cases where ownership was determined, owners 
were unable to remove their abandoned vessels for a variety of reasons 
(e.g., deceased, bankrupt, etc.). Without a process linking abandoned 
vessels to responsible parties, the government has little chance of 
recovering vessel removal or pollution response costs.
    In an annual summary report on abandoned vessels submitted in 1997 
by the Captains of the Ports (COTP), each COTP documented the number of 
abandoned vessels within their geographic areas of responsibility. The 
report stated that 2,697 abandoned vessels existed along our navigable 
waters. Of this total, 1,010 were barges.
    Based on the GAO Report, the annual COTP summary report with 
supplementary Coast Guard testimony, industry representatives, and 
others, Congress passed the Abandoned Barge Act of 1992 (Pub. L. 102-
587, sections 5301-05) (``the Act''). During passage of the Act, 
Congress noted that abandoned barges are often used for the illegal 
disposal of hazardous cargo, waste, and petroleum products. This 
illegal disposal can lead to actual or potential pollution incidents. 
To prevent these incidents, the Act added a new chapter 47 to title 46 
of the United States Code that prohibits abandoning barges in the 
navigable waters of the United States. The Act also amended 46 U.S.C. 
12301 to require the numbering of undocumented barges measuring more 
than 100 gross tons operating on the navigable waters of the United 
States.
    This numbering system provides a means for identifying parties 
responsible for the now illegal abandonment of barges. More 
importantly, it will help identify those parties who may be held liable 
for the removal and proper disposal of any hazardous substances stored 
or deposited on board abandoned barges, as well as for the removal of 
the barges from the nation's waterways. This potential for liability 
would serve as a deterrent to barge abandonment.

Regulatory History

    On October 18, 1994, the Coast Guard published a notice in the 
Federal Register [59 FR 52646] requesting comments on issues related to 
a numbering system for undocumented barges measuring more than 100 
gross tons. The primary issues addressed in the notice concerned who 
should

[[Page 2387]]

administer a barge numbering system, what type of number should be 
required, and how much the numbering system would cost. The Coast Guard 
received twenty-one comments in response to the notice.
    On July 6, 1998, the Coast Guard published an Advanced Notice of 
Proposed Rulemaking (ANPRM), discussing the proposed regulation, 
comments received from the previous notice, and a preliminary 
regulatory assessment (63 FR 36384). The comments we received are 
discussed below.

Discussion of Comments

    We received comments from four respondents to our 1998 ANPRM (one 
respondent submitted the same comments twice; we are only counting it 
once). The comments directed our attention to such issues as the 
placement of the barge number markings, the source of the barge number, 
the application form, the phase-in period for the requirements based on 
the effective date of this rule, and fees for obtaining a barge number.

Placement of Markings

    Three respondents stated that the Coast Guard should be consistent 
in marking requirements by following the regulations already in place 
for documented vessels. External markings would be an additional 
requirement on uninspected, undocumented barges and may interfere with 
other required markings, e.g. vessel name. The Coast Guard agrees that 
consistency is important and has written the requirements to mirror 
existing marking regulations as closely as possible. The purpose of 
these proposed markings and the circumstances under which they would be 
used are different, however. The proposed markings would be used to 
identify an owner of an abandoned barge. Many abandoned barges in the 
past contained unknown materials when abandoned, or were subsequently 
used as a dumping site for any number of unidentified materials. Many 
of these abandoned barges quickly become inaccessible to investigators 
without putting the investigator at great risk. Thus the quickest, 
safest, least expensive way to identify a barge owner is by requiring a 
unique number be located where it may be viewed without having to climb 
on the barge or enter any compartments or voids.
    No respondents voiced objections to permanently marking the number 
on the vessel, although it was suggested that a particular method of 
marking be required. The Coast Guard values the diversity that exists 
and strives to permit as much autonomy as possible. As such, the Coast 
Guard would not be more specific than to require permanent markings as 
described in the proposed regulations, which are consistent with 
current requirements for marking documented vessels.

Barge Numbers

    Three comments recommended recycling existing official numbers, and 
adding a prefix to those numbers to further identify the barge. The 
comments suggested using a ``D'' preceding the number to indicate a 
barge that had previously been documented, or using ``CG'' preceding 
the number to indicate a barge that is currently inspected but not 
documented. In both cases, the numbers would have already been recorded 
in Coast Guard records and official ``D'' numbers already permanently 
marked on barges. The Coast Guard agrees, and proposes that existing 
official numbers and CG numbers be accepted. However, we will not be 
distinguishing the numbers in the manner suggested by the commenter.

Application Form

    One comment expressed concern that the information the Coast Guard 
proposed collecting was more than what was necessary to indicate 
ownership of a barge and would be broader than what is required for 
documented barges. We have developed a form titled Application for 
Certification of Number for Undocumented Barge that we feel limits the 
amount of information collected to what is absolutely necessary to 
enable the Coast Guard to identify and locate the owner of future 
abandoned barges. The application is available on the docket under the 
section labeled ADDRESSES. We welcome any comments on the application 
you have.
    This comment also expressed concern for the increased burden on 
owners having to update the information each time an address, phone 
number, or the like changed. In addition, they argued that the new 
owner should inherit the responsibility for notifying the National 
Vessel Documentation Center (NVDC) of a change in ownership. We note 
that the ``old'' owner certainly retains an interest in ensuring that 
NVDC and the Coast Guard are aware of who owns and is responsible for a 
barge. The only times we propose requiring owners notify the NVDC of 
changes is after any change in ownership, or upon destruction of the 
barge. Previous owners would be required to notify NVDC of the change 
in ownership, whereas new owners would be required to submit a request 
for a certification of number issued to them within 60 days. Owners of 
barges that are destroyed would be required to notify NVDC of the 
destruction, just as owners of certificated barges must notify the 
Coast Guard when they elect to take a barge out of service within 60 
days of destruction or removal from service.
    One comment supported any opportunities to simplify the application 
process, including the use of electronic filing. The Coast Guard 
agrees, and will make electronic filing available in the future. The 
application will be available on the internet at the NVDC website. 
Applicants would be able to download the form and mail it in once they 
have completed filling it out.

Implementation Period

    One comment suggested a phase-in period for the effective date of 
the regulation. Their suggestions included allowing up to six months to 
file an application and up to two years to mark barges. The Coast Guard 
agrees that the system proposed by these regulations could not be 
accomplished overnight and wishes to minimize the impact on owners' 
operations. Thus, the Coast Guard has proposed a one-year period for 
owners to submit applications to the Coast Guard, and a five-year 
period for the marking of all existing barges. Barges currently under 
construction would be numbered and marked in accordance with the 
regulations prior to being placed in service.

Fees

    Three comments were opposed to fees. The argument followed that 
there is no benefit to owners from this regulation and no services 
rendered. The Coast Guard agrees and has not proposed a fee schedule to 
implement or maintain this requirement.

Miscellaneous

    Comments varied on the costs associated with permanently marking 
barges, barge employment, maintenance intervals for undocumented 
barges, average life service, average annual construction rates, and 
average number of owners. A summary of the costs and benefits 
associated with this rulemaking is included below.

Discussion of Proposed Rules

General Requirements

    The Coast Guard proposes adding regulations that would require 
owners of barges greater than 100 gross tons to obtain a unique number 
issued by the National Vessel Documentation Center (NVDC) for that 
barge. The barge

[[Page 2388]]

number would remain with it for the entirety of its life.
    Regulations requiring the documentation and measurement of vessels 
are codified in 46 CFR parts 66 through 69. We propose establishing the 
requirements for numbering and marking barges over 100 gross tons in 
part 66, which is currently reserved. The requirements we propose to 
include in part 66 consist of a ``Definitions'' section that gives 
relevant meaning to specific terms used in this part, a section to 
identify those barges that must comply with this new barge numbering 
system, a method for applicable barges to calculate the barge's gross 
tonnage, and an application procedure for barge owners to follow when 
requesting a barge number from NVDC. The new regulations of part 66 
would also identify to barges owners their right to appeal, the 
penalties for not fully complying with this part, and clarify what 
circumstances would invalidate a Certificate of Number.
    In addition, barge owners would be required to permanently mark the 
barge by carving, punch-marking, or welding the number on some clearly 
visible internal structural part of the vessel, such as the main beam. 
The barge would also need to be permanently marked externally at the 
highest part of the vessel's hull or permanent structure, so that the 
number can be seen from either side.
    Existing barges would be required to comply with the regulation no 
later than five years from the publication date of the final rule.
    Previously documented barges would be allowed to use the official 
number or CG number previously assigned.

Definitions

    The definitions for the terms necessary to determine gross tonnage, 
currently found in 46 CFR part 69, would be adopted. The proposed 
regulations would also add definitions for the terms ``barge'', ``barge 
number'', ``official number'', ``simplified measurement system'', 
``undocumented barge'', and ``navigable waters''.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under 
section 3(f) of Executive Order 12866 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 has not reviewed it 
under that Order. It is not ``significant'' under the regulatory 
policies and procedures of the Department of Transportation (DOT)(44 FR 
11040, February 26, 1979).
    A draft Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is available in the docket as indicated 
under ADDRESSES. A summary of the Evaluation follows:
    The Abandoned Barge Act of 1992 (the Act) states ``The Secretary 
shall require an undocumented barge more than 100 gross tons operating 
on the navigable waters of the United States to be numbered.'' This 
analysis supports the regulatory evaluation of implementing a numbering 
system for undocumented barges of more than 100 gross tons, per the 
Act. The numbering system would provide an identification of the 
parties responsible and liable for the illegal abandonment of a barge. 
It would also enhance the Government's recovery of costs associated 
with the removal of the barge. Currently, there is no formal method for 
linking an abandoned undocumented barge to a responsible party, and 
consequently, there is little chance of the Government recovering costs 
incurred from the removal.
    Population: There are approximately 20,000 undocumented barges 
greater than 100 gross tons operating in the navigable waters of the 
United States. Of these undocumented barges, it is estimated that 89 
percent operate in the waters of the Mississippi River System and the 
Gulf Intracoastal Waterway. Additionally, most of the 20,000 
undocumented barges are dry cargo barges (86 percent) with the 
remainder being construction barges (10 percent) and tank barges (4 
percent).
    Cost and benefit: Through analysis of this rulemaking we revealed 
that both the barge industry and the Government would incur the costs 
of implementing and administrating the barge number system. The cost to 
the barge industry includes administration costs, transportation costs 
and the cost to affix the number to the barge. The cost to the 
government includes cost associated with developing and implementing a 
database for the barge number system and the cost associated with 
administering the system. It is assumed that the Coast Guard would have 
sole responsibility for implementing and administrating the numbering 
system for abandoned barges.
    Potential direct benefits would accrue to the Government. Most of 
these benefits would come from cost avoidance for removal and cleanup 
of abandoned barges. Additional benefits would be noticed from the 
reimbursement of Government incurred cost that is received from the 
responsible barge owner who abandoned his barge. There are no direct 
benefits identified for the barge industry.
    Alternatives: Two alternative methods of numbering were posited: 
(1) Welding, punch-marking, or carving the number on the barge, and (2) 
painting the number on the barge. For welding the number to the barge, 
alternative 1, the assumption is that 15 percent of undocumented barges 
would need to tow the barge to an appropriate welding facility, whereas 
the other 85 percent of undocumented barges would not need a tow. For 
painting the number on the barge, alternative 2, the assumption is that 
the barge number would be painted without requiring a tow to a 
facility. Therefore, alternative 2 would not incur towing costs. With 
either alternative 1 or alternative 2, the estimated initial cost of 
$18,000 would be incurred by the Coast Guard to develop and install a 
database for managing information from the barge numbering system. The 
unit costs for the 30-year study period for both alternatives are 
summarized in Table 1.

                                           Table 1.--Unit Cost Summary
----------------------------------------------------------------------------------------------------------------
                                                                                 Alternative 1    Alternative 2
                                                                                  welding \1\        painting
----------------------------------------------------------------------------------------------------------------
Government Costs:
    Administration Cost/Barge.................................................              $62              $62
Industry Cost/Barge:
    Existing Barges--Tow Req..................................................            2,977
    Existing Barges--No Tow Req...............................................              844              153
    Future Barges.............................................................              282               65
Total Cost/Barge:
    Existing Barges--Tow Req..................................................            3,039

[[Page 2389]]

 
    Existing Barges--No Tow Req...............................................              906              215
    Future Barges.............................................................              344             127
----------------------------------------------------------------------------------------------------------------
\1\ Costs include Gas-freeing, chemist certificate.

    To develop the range of potential benefits that might result from 
alternative 1 and alternative 2, three scenarios are considered: (1) 
Barges greater than 100 tons are no longer abandoned (best case 
scenario), (2) illegally abandoned barges are abandoned with the number 
intact, and (3) illegally abandoned barges are abandoned with the barge 
number removed or obliterated (worst case scenario). The estimated 
annual benefits for each scenario are characterized in Table 2.

                                            Table 2.--Annual Benefits
----------------------------------------------------------------------------------------------------------------
                                                               Scenario 1        Scenario 2        Scenario 3
----------------------------------------------------------------------------------------------------------------
Removal Cost Recovery.....................................          $250,000           $90,000                $0
Clean Up Cost Recovery....................................           429,890           154,760                 0
Investigation Savings.....................................             1,500             1,090                 0
                                                           -----------------------------------------------------
    Total Annual Savings..................................           681,390           245,850                 0
----------------------------------------------------------------------------------------------------------------

    The net present values (present value of benefits--present value of 
costs) were calculated over a 30-year period, from 2001 to 2030, using 
a discount rate of 7 percent. These values were discounted to year 
1999. The total present value cost was calculated by multiplying the 
unit cost by the number of affected barges for each year from 2001 
through 2030. The cost and benefit analyses in all three scenarios 
revealed no net benefit with welding the number to the barge 
(alternative 1). However, a cost and benefit analysis of the first 
scenario for alternative 2 identified a net benefit. The other two 
scenarios for painting the barge number on the barge revealed no net 
benefits. Table 3 summarizes the alternatives net present values for 
the 30-year period.

                                  Table 3.--Net Present Values--30 Year Period
----------------------------------------------------------------------------------------------------------------
                                                               Scenario 1        Scenario 2        Scenario 3
----------------------------------------------------------------------------------------------------------------
Alternative 1--Welding
    PV Benefit............................................        $6,787,290        $2,448,903                $0
    PV Cost...............................................        21,169,984        21,169,984        21,169,984
                                                           -----------------------------------------------------
        Net PV............................................      (14,382,694)      (18,721,081)      (21,169,984)
                                                           =====================================================
Alternative 2--Painting
    PV Benefit............................................         6,787,290         2,448,903                 0
    PV Cost...............................................         5,625,686         5,625,686         5,625,686
                                                           -----------------------------------------------------
        Net PV............................................         1,161,604       (3,176,783)       (5,625,686)
----------------------------------------------------------------------------------------------------------------

    The costs associated with welding the number to the barge were 
found to be significantly higher than the cost of painting. However, 
welding the numbers to the barges is the recommended alternative 
because it will be more difficult to remove the identification number 
on illegally abandoned barges. Therefore, it will help identify parties 
responsible for illegally abandoning barges and prevent future marine 
pollution from abandoned barges. Painted numbers can easily be removed, 
thus making it difficult to identify the responsible barge owner.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we 
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.
    Affected small entities: Companies that own and lease barges vary 
widely in size and operation. The Army Corp of Engineer's ``Waterborne 
Transportation Lines of the United States, Volume 2--Vessel Company 
Summary'' database was queried to identify owners of undocumented 
barges more than 100 gross tons. The query identified 660 owners with 
undocumented barge fleets ranging from 1 to 1,608 barges. The results 
of the query also revealed that 15 percent of the barge operators own 
over 85 percent of the affected barges. A majority (74 percent) of the 
affected owners have undocumented barge fleets of less than 10. Table 4 
presents the number of affected owners by fleet size.

[[Page 2390]]



                                    Table 4.--Number of Affected Fleet Owners
----------------------------------------------------------------------------------------------------------------
                                                                                                   Percentage of
                                                     Number of     Percentage of     Number of       affected
                Fleet size range                      owners          owners         affected         barges
                                                                                      barges         (percent)
----------------------------------------------------------------------------------------------------------------
Greater than 1000...............................               3            0.5%           4,040             23%
100 to 999......................................              34            5.2%           8,970             50%
20 to 99........................................              59            8.9%           2,594             14%
10 to 19........................................              75           11.4%           1,024              6%
Fewer than 10...................................             489           74.0%           1,329              7%
                                                 ---------------------------------------------------------------
    Total.......................................             660          100.0%          17,957            100%
----------------------------------------------------------------------------------------------------------------

    The Small Business Administration, in 13 CFR 121-201, defines small 
business by either the number of employees or the amount of receipts in 
dollars. Revenue or labor-force information for many of the companies 
can be obtained from sources such as: Dun & Bradstreet, American 
Business and Lexis-Nexis. We assumed that if a company was a subsidiary 
or branch of a parent company, then that subsidiary or branch was 
inseparable from the larger firm.
    From those 660 companies we drew a random sample of 101 companies 
using a confidence level of 95 percent and a confidence interval of 9. 
From the random sample of 101 companies we found data for 66 (or 65 
percent) of them. Furthermore, from the 66 firms we identified 20 
owned/operated by large companies and the remaining 46 owned/operated 
by small businesses. According to the small business size standard of 
the SIC (Standard Industrial Classification) and NAICS (North American 
Industry Classification System) Codes, we determined that the 46 
identified entities qualified as small businesses because their 
revenues/number of employees do not exceed the specified standard in 
the corresponding SIC and NAICS codes definitions. This represents 69.7 
percent of the 66 companies from which we have information. Therefore, 
we are 95 percent certain that 61.8 percent to 78.2 percent of the 
firms are small entities.
    The determined small businesses cover several industry segments, 
therefore the corresponding SIC and NAICS codes analyzed for each 
company also cover a wide range. However, we determined that the most 
frequently identified SIC and NAICS codes when analyzing the small 
companies are as follows in table 5:

                          Table 5.--The Small Businesses Most Frequently Identified SIC and NAICS Codes From the Random Sample
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Classification systems                               Description                                         Definition                     Number of
-----------------------------------------------------------------------------------------------------------------------------------------      small
         SIC             NAICS                 SIC                          NAICS                      SIC                  NAICS           businesses
--------------------------------------------------------------------------------------------------------------------------------------------------------
1629.................      23493  Heavy Construction, N.E.C...  Industrial Nonbuilding        $27, 5Mil             $27, 5Mil                          7
                                                                 Structure Construction.
                           23499                                All Other Heavy Construction                        $27, 5Mil
3731.................     336611  Shipbuilding and Repair of    Ship Building and Repair....  1,000E                1,000E                             3
                                   Nuclear Propelled Ships.
4449.................     483211  Water Transportation of       Inland Water Transportation.  500E                  500E                               8
                                   Freight, N.E.C.
4492.................      48833  Towing and Tug Boat.........  Navigational Services to      $5Mil                 $5Mil                              4
                                                                 Shipping.
4499.................     532411  Water Transportation          Commercial Air, Rail and      $5Mil                 $5Mil                              3
                                   Services, N.E.C..             Water Transportation
                                                                 Equipment Rental and
                                                                 Leasing.
5032.................      42132  Brick, Stone and Related      Brick, Stone and Related      100E                  100E                               5
                                   Construction Materials.       Construc-tion Material
                                                                 Wholesalers.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Cost for small entities: The costs to small business entities would 
depend only on the entity's fleet size. Below we show the impact on 
small businesses for welding barge numbers to the barge, our chosen 
alternative. We assume a 15 percent probability the vessel will need a 
tow, and an 85 percent probability that the vessel will not need a tow 
for welding. Therefore for the purpose of this analysis we estimate an 
expected cost of $1,164/barge (0.15  x  $2,977/barge + 0.85  x  $844/
barge = $1,164/barge). The analyzed small business entities have 
relatively small fleets, with a median fleet size of 2. The median cost 
per company is $2,328/company (2 barges/company  x  $1,164/barge). The 
median revenue of a small business in our sample is $3,750,000. 
Therefore, the annual median impact on a small business is 0.06 percent 
($2,328/$3,750,000  x  100) of annual revenue. For 45 of 46 small 
businesses the impact was less than 1 percent of the average revenues 
per year. For 46 of 46 small businesses the impact was less than 1.2 
percent of the average revenue per year. In addition, the industry has 
a five year phase-in period to comply.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule would 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.

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

[[Page 2391]]

understanding this proposed rule so that they can better evaluate its 
effects on them and participate in the rulemaking. If the rule would 
affect your small business, organization, or governmental jurisdiction 
and you have questions concerning its provisions or options for 
compliance, please consult LCDR Robyn MacGregor, Project Manager, 
Office of Waterways Security and Safety (G-MWP), telephone 202-267-
0483. 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).

Collection of Information

    This proposed rule would call for a collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As defined 
in 5 CFR 1320.3(c), ``collection of information'' comprises reporting, 
recordkeeping, monitoring, posting, labeling, and other, similar 
actions. The title and description of the information collections, a 
description of those who must collect the information, and an estimate 
of the total annual burden follow. The estimate covers the time for 
reviewing instructions, searching existing sources of data, gathering 
and maintaining the data needed, and completing and reviewing the 
collection.
    Title: Numbering and Marking Undocumented Barges Greater than 100 
gross tons.
    Summary of the Collection of Information: The Abandoned Barge Act 
of 1992, sections 5301 to 5305 of Public Law 102-587, enacted on 
November 4, 1992, added a new chapter 47 to Title 46 of United States 
Code (46 U.S.C. 4701-4705) and amended 46 U.S.C. 12301 to require the 
numbering of undocumented barges measuring more than 100 gross tons 
operating on the navigable waters of the United States. The numbering 
system provides a means for identifying the parties responsible and 
liable for illegal abandonment. The information collections described 
in this supporting statement are necessary to implement the 
requirements described in 46 CFR part 66.
    The table below identifies the subjects of the collection of 
information.

             Table 6.--CFR, Subject and Affected Population
------------------------------------------------------------------------
                                                   Subject and affected
                 46 CFR part 66                         population
------------------------------------------------------------------------
Section 66.25(a)(1).............................  Filling out the
                                                   Application for
                                                   Certificate of Number
                                                   for Undocumented
                                                   Barge (CG-5683) and
                                                   submitting it to the
                                                   National Vessel
                                                   Documentation Center.
                                                   The owners of
                                                   undocumented barges
                                                   greater than 100
                                                   gross tons.
Section 66.5 and 66.25(a)(2)....................  Recordkeeping the
                                                   Certificate of Number
                                                   for Undocumented
                                                   Barge.
                                                   The owners of
                                                   undocumented barges
                                                   greater than 100
                                                   gross tons.
Section 66.25(a)(2).............................  Notifying the National
                                                   Vessel Documentation
                                                   Center of a
                                                   replacement of a
                                                   Certificate of Number
                                                   for Undocumented
                                                   Barge (CG-5683)
                                                   document.
                                                   The owners of
                                                   undocumented barges
                                                   greater than 100
                                                   gross tons, in case
                                                   of a defaced
                                                   Certificate of
                                                   Number.
Section 66.25(a)(3) and 66.35(d)................  Notifying the National
                                                   Vessel Documentation
                                                   Center of the sale of
                                                   a barge or upon the
                                                   destruction of a
                                                   barge with a valid
                                                   Certificate of Number
                                                   for Undocumented
                                                   Barge (CG-5683).
                                                   The old
                                                   owners of
                                                   undocumented barges
                                                   greater than 100
                                                   gross tons, in case
                                                   barges are sold or
                                                   destroyed.
Section 66.35(b)................................  Permanently attaching
                                                   the number issued by
                                                   the National Vessel
                                                   Documentation Center
                                                   to the barge.
                                                   The owners of
                                                   undocumented barges
                                                   greater than 100
                                                   gross tons.
------------------------------------------------------------------------

    Need for Information: This proposed rule contains burdens for the 
owners of undocumented barges greater than 100 gross tons. The 
information required is as follows:
    (a) Filling out the Application for Certificate of Number for 
Undocumented Barge (CG-5683) and submitting it to the National Vessel 
Documentation Center. The owners of undocumented barges greater than 
100 gross tons (including the owners of previously documented barges 
but no longer carrying a Certificate of Documentation) would fill out 
the Coast Guard Application for Certificate of Number for Undocumented 
Barge that contains the following necessary information to determine 
the ownership of the barge:
     The owner's name and address
     The barge length, breadth, depth, year built, hull 
material, barge name, and official number (if applicable).
    (b) Recordkeeping the Certificate of Number for Undocumented Barge 
(CG-5683). Once the owners of barges obtain a Certificate of Number for 
Undocumented Barge, this would serve as evidence of ownership for 
determining liability in connection with the abandoned barge. Also, in 
case the owner applies for replacement of a defaced document, the 
outstanding Certificate of Number for Undocumented Barge must also be 
submitted to NVDC. This implies that the owner creating a recordkeeping 
burden must keep the Certificate of Number.
    (c) Notifying the National Vessel Documentation Center of a 
Replacement of a Certificate of Number for Undocumented Barge (CG-
5683). Owners requesting the replacement of a defaced document as a 
Certificate of Number for Undocumented Barge fill out the application 
form CG-5683 and submit the outstanding Certificate of Number for 
Undocumented Barge to NVDC.
    (d) Notifying the National Vessel Documentation Center of the sale 
of a barge or upon the destruction of a barge with a valid Certificate 
of Number for Undocumented Barge (CG-5683). In case a barge is sold, 
the seller would have to provide a copy of the bill of sale to the 
NVDC. The owners would have to notify the NVDC by using Form CG-5683 
upon the destruction of a barge with a valid Certificate of Number for 
Undocumented Barge within 60 days of the barge's destruction. This way 
the NVDC will maintain and update the numbering system for undocumented 
barges measuring more than 100 gross tons.
    (e) Permanently attaching the number issued by the National Vessel 
Documentation Center to the barge. Owners (including the owners of

[[Page 2392]]

previously documented barges but no longer carrying a Certificate of 
Documentation) would have to permanently mark the barge by either 
welding, punch-marking, or carving the number issued by the NVDC, so 
that alteration, removal, or replacement would be obvious. The barge 
would be marked three times as follows: internally on the main beam and 
externally at the highest point on each side of the vessel's hull or 
permanent structure so that the number can be seen from either side.
    Proposed Use of Information: This information collection would 
provide methods for identifying the parties responsible and liable for 
the illegal abandonment of a barge. It also would enhance the 
Government's recovery of costs associated with the removal of the 
barge. The information required for ``Numbering and Marking 
Undocumented Vessels greater than 100 gross tons'' would be collected 
on forms that are available at the National Vessel Documentation Center 
(NVDC). The information would have to be submitted by the vessel owner 
to NVDC. Once the application is processed, the NVDC would issue a 
Certificate of Number for Undocumented Barge to the owner who would 
then mark the issued barge number to the barge. Without the information 
an undocumented barge greater than 100 gross tons on the navigable 
waters of the United States would not be numbered as stated in the 
Abandonment Barge Act of 1992. Therefore, it would be impossible to 
identify the responsible owners of an illegally abandoned barge and 
consequently, there would be a little chance of the government 
recovering costs incurred from the removal.
    Description of the Respondents: Each owner of undocumented Barge 
greater than 100 gross tons would be affected by these collections 
requirements.
    Number of Respondents: We estimate those 660 owners of undocumented 
barges greater than 100 gross tons would be required to comply with the 
proposed requirements.
    Frequency of Response Owners of undocumented barges greater than 
100 gross tons would have to initially apply to the NVDC in order to 
obtain a Certificate of Number for Undocumented Barge. The number 
mentioned in the certificate would be permanently marked to the barge 
and would stay with the barge for the entirety of its life.
    When needed, the owners of previously numbered barges can apply to 
the NVDC for the replacement of a defaced Certificate of Documentation. 
Also, in case of a change in ownership of a previously numbered barge, 
the new owner would have to submit an application for a Certificate of 
Number to be issued in the new owner's name. The seller would have to 
provide a copy of the bill of sale.
    On occasion, upon destruction of a barge numbered under this part, 
an owner would have to notify NVDC using Form CG-568, Application for 
Certificate of Number.
    Burden of Response: We identified 660 owners of 17,957 undocumented 
barges more than 100 gross tons identified, querying the Army Corp of 
Engineer's (USACE) ``Waterborne Transportation Lines of the United 
States, Volume 2--Vessel Company Summary'' database. The total 
estimated number of undocumented barges is approximately 20,000 and 
includes construction barges. The number was estimated based on queries 
of USACE data and the Coast Guard Marine Safety Management System data 
of all currently undocumented barges.
    The 1,400 previously documented barges no longer carrying a 
Certificate of Documentation are included in the 20,000 total number of 
undocumented barges. In order to estimate the number of affected barges 
in future years (i.e., barges to be constructed in the future that will 
require numbering), we used a regression analysis. We based our 
analysis on the Coast Guard's Marine Safety Information System data 
series concerning the number of barges over 100 gross tons constructed 
in the period of time from 1985 up to 1999. We forecasted the number of 
new constructed undocumented barges over 100 gross tons to be 
constructed for the regulatory evaluation period of time.
    In the first five years, from 2001 up to 2005, owners of currently 
undocumented barges (20,000) would have to comply with the proposed 
regulation as well as owners of the barges that are sold or destroyed 
and owners of newly constructed barges. Thereafter, beginning with 2006 
the annual burden will be placed only on owners of newly constructed 
barges and owners of sold or destroyed barges. The burden due to the 
currently 20,000 undocumented barges is evenly distributed in the five-
year phase in period. Therefore, we estimate that owners of 4,000 
barges/year would have to apply for a Certificate of Undocumented 
Barge.
    We are presenting for public comment our estimate of affected 
entities and the burden posed to them for the first three years this 
proposed rule would be enforced. These estimates are found in table 7.

                                       Table 7.--Number of Affected Barges
----------------------------------------------------------------------------------------------------------------
                                                                                                   Total barges
                                     Currently          New         Sold barges        Total      for which NVDC
              Year                 undocumented     constructed    per year (10%    permanently       will be
                                      barges          barges          (2+3))       marked barges     notified
                                                   (forecasted)                        (2+3)          (2+3+4)
1                                              2               3               4               5               6
----------------------------------------------------------------------------------------------------------------
 
2001............................           4,000             513             451           4,513           4,964
2002............................           4,000             525             453           4,525           4,978
2003............................           4,000             536             454           4,536           4,990
                                 -------------------------------------------------------------------------------
Average per year................           4,000             525             453           4,525           4,978
----------------------------------------------------------------------------------------------------------------

    We indicate below the hour burden according to the requirements in 
this Collection of Information.
    (a) Filling out the Application for Certificate of Number for 
Undocumented Barge (CG-5683) and submitting it to the National Vessel 
Documentation Center. We estimate that the average time for filling out 
this form is 15 minutes. The owners of 4,978 barges would have to fill 
out the form.
    Annual burden: 0.25 hours/barge  x  4,978 barges/year = 1,245 
hours/year.
    (b) Recordkeeping the Certificate of Number for Undocumented Barge 
(CG-

[[Page 2393]]

5683). We estimate that it takes an owner 10 minutes to file the 
Certificate of Number for Undocumented Barges in an accessible place.
    Annual burden: 0.17 hours/barge  x  4,978 barges/year = 846 hours/
year.
    (c) Notifying the National Vessel Documentation Center of a 
replacement of a Certificate of Number for Undocumented Barge (CG-5683) 
document. We estimate that the number of replacements of defaced 
Certificate of Number documents is less than 5 percent (249 barges = 5% 
 x  4,978 barges per year) from the total number of barges for which 
the owners would have a Certificate of Number. We estimate that it 
would take 15 minutes to an owner to fill out the application for the 
Certificate of Number and 5 minutes to submit the defaced Certificate 
of Number to the NVDC.
    Annual burden: 0.33 hours/barge  x  249 barges/year = 82 hours/
year.
    (d) Notifying the National Vessel Documentation Center of a change 
in ownership of the barge, or upon the destruction of a barge with a 
valid Certificate of Number for Undocumented Barge (CG-5683). We 
estimate that it would take 10 minutes to an owner to submit a copy of 
the bill of sale or the Certificate of Number for Undocumented Barges 
to the NVDC as follows:
     If the barge ownership changes : we estimate that 10 
percent of 4,978 undocumented barges would be sold per year (498 
barges).
     Upon the destruction of a barge: 10 percent of 4,978 
barges per year (498 barges).
    Annual burden: 0.17 hours/year  x  996 barges = 169 hours/year.
    (e) Permanently attaching the number issued by the National Vessel 
Documentation Center to the barge. Owners (including the owners of 
previously documented barges but no longer carrying a Certificate of 
Documentation) would have to permanently mark the barge by carving, 
punch-marking, or welding the number issued by the National Vessel 
Documentation Center. The barge would be marked three times as follows: 
internally on the main beam and also externally at the highest part of 
the vessel's hull or permanent structure so that the number can be seen 
from either side. We estimate that it takes 2 hours to permanently 
affix the numbers to a barge.
    Annual burden: 2 hours/year  x  4,525 barges = 9,050 hours/year.
    The total annual hour burden is: 1,245hours/year + 846hours/year + 
82hours/year + 169hours/year + 9,050hours/year = 11,392hours/year.
    Annualized Costs: The owners of undocumented barges would incur 
costs. We estimated the annual average burden for information 
collection activities would cost $724,737 annually in current dollars. 
We identify below the cost burden according to the requirements covered 
in this Collection of Information.
    (a) Filling out the Application for Certificate of Number for 
Undocumented Barge (CG-5683) and submitting it to the National Vessel 
Documentation Center. Approximately 1,245 burden hours would be 
required annually for filling out applications for Certificate of 
Numbers for Undocumented Barges to NVDC, by vessel owners. We estimate 
wages for a barge owner at $66 per hour.
    The annual cost to the industry is: $82,170 (1,245hours/year  x  
$66/hour).
    (b) Recordkeeping the Certificate of Number for Undocumented Barge 
(CG-5683). Approximately 846 burden hours per year would be required by 
industry to file the certificate of number in a safe, accessible place. 
We estimate wages for a barge owner at $66 per hour.
    The annual cost to the industry is: $55,836 (846hours/year  x  $66/
hour).
    (c) Notifying the National Vessel Documentation Center of a 
replacement of a Certificate of Number for Undocumented Barge (CG-5683) 
document. Approximately 82 burden hours per year would be required by 
industry to apply for replacement of a defaced document, the 
outstanding Certificate of Number. The Coast Guard estimates wages for 
a barge owner at $66 per hour.
    The annual cost to the industry is: $5,412 (82hours/year  x  $66/
hour).
    (d) Notifying the National Vessel Documentation Center of a change 
in ownership of the barge or upon the destruction of a barge with a 
valid Certificate of Number for Undocumented Barge (CG-5683). 
Approximately 169 burden hours would be required annually for 
surrendering bills of sale or Certificates of Number for Undocumented 
Barge to NVDC, by vessel owners when there is a change in ownership of 
a barge, or upon the destruction of barges. We estimate wages for a 
barge owner at $66 per hour.
    The annual cost to the industry is: $11,169 (169hours/year  x  $66/
hour).
    (e) Permanently attaching the number issued by the National Vessel 
Documentation Center to the barge. Approximately 9,950 burden hours 
would be required annually to permanently attach (weld) the numbers to 
barges. We estimate the hourly rate of a welder to be $63 per hour.
    The annual cost to the industry is: $570,150 (9,050hours/year  x  
$63/hour).
    The total annual cost burden to the industry is: $82,170/year + 
$55,83/year + $5,412/year + $11,169/year + $570,150/year = $724,737/
year.
    Estimate of Total Annual Burden: We estimated the annual average 
burden for information collection activities would be 11,392 hours 
annually.
    Public Comments on the Collection of Information: As required by 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), we have 
submitted a copy of this proposed rule to the Office of Management and 
Budget (OMB) for its review of the collection of information.
    We ask for public comment on the proposed collection of information 
to help us determine how useful the information is; whether it can help 
us perform our functions better; whether it is readily available 
elsewhere; how accurate our estimate of the burden of collection is; 
how valid our methods for determining burden are; how we can improve 
the quality, usefulness, and clarity of the information; and how we can 
minimize the burden of collection.
    If you submit comments on the collection of information, submit 
them both to OMB and to the Docket Management Facility where indicated 
under ADDRESSES, by the date under DATES.
    You need not respond to a collection of information unless it 
displays a currently valid control number from OMB. Before the 
requirements for this collection of information become effective, we 
will publish notice in the Federal Register of OMB's decision to 
approve, modify, or disapprove the collection.

Federalism

    Under Executive Order 13132, section 3 (b), the Coast Guard finds 
that a uniform system of identifying the owners of undocumented barges 
is in the national interest because of the problem of abandoned barges 
identified by Congress in the Abandoned Barge Act, 46 U.S.C. 4701-4705. 
One of the ways Congress specified for determining whether a barge is 
abandoned is if the owner states that it is not abandoned, 46 U.S.C. 
4702(a)(3). However, that pre-supposes that the Coast Guard can 
identify who the current owner is. The Coast Guard already maintains a 
listing for documented barges. That leaves the Coast Guard unable to 
identify the owners of undocumented barges.
    On October 18, 1994, the Coast Guard published a Request for 
Comments on this rulemaking project. (59 FR 52646) We noted our intent 
to consult with

[[Page 2394]]

State Boating Law Administrators, State Numbering Authorities, and with 
the National Association of State Boating Law Administrators' (NASBLA). 
We also solicited general comments, and asked a number of direct 
questions. One of those questions was whether the Coast Guard, the 
individual states, or some other entity should have the authority to 
assign numbers and maintain ownership information for undocumented 
barges. We received 21 comments, seventeen of which answered this 
question. All seventeen responded that the Coast Guard should be the 
entity assigning numbers and maintaining ownership information. Seven 
of these respondents were state agencies. (The Request for Comments and 
all received comments are available for viewing in the electronic 
docket.)
    On July 6, 1998, we published an ANPRM which indicated our intent 
to establish the numbering system outlined in this NPRM. No commenters, 
state or otherwise, requested that the system be run by a State or 
other entity. (The ANPRM and comments are available for viewing in the 
electronic docket.)
    Given this established lack of State interest in regulating in this 
area, any further consultation with State and local officials under 
Executive Order 13132, Section 3 (b) is unnecessary and not required by 
that order.

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 regulatory 
actions not specifically required by law. 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 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.

Taking of Private Property

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

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.

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 does not 
concern an environmental risk to health or risk to safety that may 
disproportionately affect children.

Environment

    We considered the environmental impact of this proposed rule and 
concluded that, under figure 2-1, paragraph (34)(d), of Commandant 
Instruction M16475.1C, this proposed rule is categorically excluded 
from further environmental documentation. The proposed rule is a 
procedural regulation that does not have any environmental impact 
because the action does not have a significant effect on the quality of 
the human environment. A ``Categorical Exclusion Determination'' is 
available in the docket where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 66

    Penalties, Reporting and recordkeeping requirements, Vessels.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to add 46 CFR part 66 to read as follows:

PART 66--REQUIREMENT FOR UNDOCUMENTED BARGES

Sec.
66.5  Purpose.
66.10  Applicability.
66.15  Definitions.
66.20  Determining the gross tonnage for a barge.
66.25  Application procedure.
66.30  Invalidation of Certificate of Number.
66.35  Marking requirements.
66.40   Right of appeal.
66.45   Penalties.

    Authority: 46 U.S.C. 4701 et seq., 12301; 49 CFR 1.46(zz).


Sec. 66.5  Purpose.

    A Certificate of Number for Undocumented Barge is required for the 
operation of undocumented barges greater than 100 gross tons on the 
navigable waters of the United States and serves as evidence of 
ownership for determining liability in connection with abandoned 
barges.


Sec. 66.10  Applicability.

    This part applies to your barge if it meets the following three 
conditions:
    (a) It is greater than 100 gross tons;
    (b) It operates on the navigable waters of the United States; and
    (c) It is not currently documented by the U.S. Coast Guard.


Sec. 66.15  Definitions.

    The following definitions are for terms used in this part.
    Barge means any vessel not equipped with a means of self-
propulsion.
    Barge number means that unique number issued to a barge by the 
National Vessel Documentation Center (NVDC). The barge number will 
remain with the barge throughout its life.
    Navigable waters means the waters of the United States, including 
the territorial seas.
    Official number means the number assigned and marked on a currently 
or previously documented barge in accordance with 46 CFR part 67, 
subparts H and I.
    Simplified measurement system has the same meaning as is given in 
46 CFR part 69, subpart E.
    Undocumented barge means a barge that does not have a current 
Certificate of Documentation issued under 46 CFR part 67.


Sec. 66.20  Determining the gross tonnage for a barge.

    (a) If your barge must comply with this part, you may determine its 
gross tonnage by using the simplified measurement system described in 
46 CFR 69.209. The terms and measurements used in that section have the 
meanings assigned to them in 46 CFR 69.203 and 69.207, respectively. 
You do not need to submit the application for measurement services 
outlined in 46 CFR 69.205, and no tonnage certifying document will be 
issued.
    (b) If you do not use the Simplified Measurement System, the gross 
tonnage is the tonnage assigned under any other applicable measurement 
system of 46 CFR part 69, as indicated on an appropriate tonnage 
certifying document. In this case, the gross tonnage assigned under the 
Standard or Dual Measurement systems (46 CFR part 69, subparts C and D, 
respectively) should be used if your vessel is also assigned tonnage 
under the Convention system (46 CFR part 69, subpart B).


Sec. 66.25  Application procedure.

    (a) As owner of a vessel applying for a Certificate of Number for 
Undocumented Barge (CG-5683); requesting replacement of a Certificate 
of Number for Undocumented Barge (CG-5683); or providing notification 
of the sale of a barge with a valid Certificate of Number for 
Undocumented Barge (CG-5683) you must submit the following to the 
National Vessel Documentation Center (NVDC):

[[Page 2395]]

    (1) Application for Certificate of Number for Undocumented Barge 
(CG-5683);
    (2) If the application is for replacement of a defaced document, 
the outstanding Certificate of Number for Undocumented Barge (CG-5683); 
or
    (3) If providing notification of a transfer of ownership, the 
seller must provide a copy of the bill of sale.
    (b) New owners of barges previously numbered under this part must 
submit an application for a Certificate of Number to be issued in the 
new owner's name.
    (c) Upon receipt of the Certificate of Number for Undocumented 
Barge (CG-5683), ensure that the vessel is marked in accordance with 
the requirements set forth in Sec. 66.9 of this part.
    (d) Upon destruction of a barge numbered under this part, an owner 
must notify NVDC using Form CG-5683, Application for Certificate of 
Number. This notification must be made within 60 days of the barge's 
destruction.
    (e) Applications for Certificate of Number of Undocumented Barge 
may be obtained from the National Vessel Documentation Center or 
downloaded from their website.


Sec. 66.30  Invalidation of Certificate of Number.

    A Certificate of Number becomes invalid upon the transfer of 
ownership of a barge numbered under this part.


Sec. 66.35  Marking requirements.

    (a) Your barge number must be marked in block type Arabic numerals 
not less than four (4) inches in height on:
    (1) Some clearly visible internal structural part of the vessel; 
and
    (2) At the highest part of the vessel's hull or permanent structure 
such that the number can be seen from either side.
    (b) Your barge number must be permanently attached to the vessel, 
by either welding, punch-marking, or carving, so that alteration, 
removal, or replacement would be obvious.
    (c) If this part applies to you, and your undocumented barge is in 
operation on the date this rule is published, you have five years from 
that date to obtain a barge number and meet the permanent marking 
requirements of this part.
    (d) If your undocumented barge has a build date after publication 
of this rule, you must obtain a Certificate of Number and meet the 
permanent marking requirements of this part prior to placing the barge 
in operation.


Sec. 66.40  Right of appeal.

    If you are directly affected by this part and wish to appeal a 
decision or action made by or on behalf of the U.S. Coast Guard, you 
may do so in accordance with 46 CFR part 1, subpart 1.03.


Sec. 66.45  Penalties.

    Violation of this part is subject to the criminal and civil 
penalties set forth in 46 U.S.C. 12309. If the violation involves the 
operation of a vessel, the vessel also is liable in rem to the United 
States Government for a civil penalty of not more than $1,000.

    Dated: January 5, 2001.
R.C. North,
Rear Admiral, Coast Guard, Assistant Commandant for Marine Safety and 
Environmental Protection.
[FR Doc. 01-870 Filed 1-10-01; 8:45 am]
BILLING CODE 4910-15-U