[Federal Register Volume 76, Number 38 (Friday, February 25, 2011)]
[Proposed Rules]
[Pages 10553-10554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4215]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 67

[Docket No. USCG-2010-1124]


Application for Foreign Rebuilding Determination

AGENCY: Coast Guard, DHS.

ACTION: Request for comments.

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SUMMARY: The Coast Guard seeks public comments on a petition for 
rulemaking that requests the Coast Guard to amend 46 CFR 67.177, 
Application for foreign rebuilding determination. The Coast Guard will 
consider all comments received as part of its determination on whether 
or not to initiate the requested rulemaking.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before May 26, 2011, 
or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-1124 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 notice, 
call or e-mail Commander Sandra Selman, Executive Secretary, Maritime 
Safety and Security Council, U.S. Coast Guard; telephone 202-372-3857, 
e-mail [email protected]. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to respond to this notice 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 
notice (USCG-2010-1124), indicate the specific section of the petition 
for rulemaking 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 e-mail 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 
type ``USCG-2010-1124'' in the ``Keyword'' box. If you submit your 
comments by mail or hand delivery, submit them in

[[Page 10554]]

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 in determining how to respond to this petition for 
rulemaking.

B. Viewing Comments and Documents

    To view comments and the petition referenced in this notice, go to 
http://www.regulations.gov, click on the ``read comments'' box, which 
will then become highlighted in blue. In the ``Keyword'' box type 
``USCG-2010-1124'' and click ``Search.'' Click the ``Open Docket 
Folder'' in the ``Actions'' column.

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).

Description of Petition for Rulemaking

    Any member of the public may petition the Coast Guard to undertake 
a rulemaking action. 33 CFR 1.05-20(a). After considering the petition 
and any other relevant information, the Coast Guard will notify the 
petitioner of its decision to initiate a rulemaking or not. 33 CFR 
1.05-20(b). This notice seeks comment on the rulemaking petition 
described next.
    Marc J. Fink, on behalf of a coalition of maritime organizations, 
is petitioning the Coast Guard to amend 46 CFR 67.177, Application for 
foreign rebuilding determination. The petition requests that the Coast 
Guard--
     Amend major-component test provisions in paragraph (a),
     Amend considerable-parts test provisions in paragraph (b),
     Amend criteria for when vessels altered outside the United 
States must submit material to the National Vessel Document Center 
(NVDC) and what materials must be submitted in paragraph (e),
     Amend preliminary rebuilt determinations application 
requirements in paragraph (g),
     Add a new paragraph (h) requiring the Coast Guard to 
publish Federal Register notices of applications for a preliminary or 
final rebuilt determination and to establish procedures that would 
allow anyone to appeal these application decisions to the Coast Guard 
Commandant, and
     Add a paragraph (i) requiring the owner of a vessel that 
is eligible to engage in the coastwise trades that had any work 
performed on that vessel at a facility outside the United States to 
submit U.S. Customs and Border Protection Form 226, Record of Vessel 
Foreign Repair or Equipment Purchase, to the Commandant within 30 days 
of redelivery of the vessel after such work was completed.
    The petition with its three exhibits, available in the docket as 
indicated under ADDRESSES, includes an expanded discussion on the 
requested amendments and revisions to 46 CFR 67.177. The complete list 
of material submitted by the petitioner is as follows:
     M.J. Fink December 9, 2010 letter to MSSC (http://www.regulations.gov/#!documentDetail;D=USCG-2010-1124-0002.1).
     Petition for Rulemaking to Amend 46 CFR 67.177 (http://www.regulations.gov/#!documentDetail;D=USCG-2010-1124-0001.1).
     Exhibit A-1 to Petition to Amend 46 CFR 67.177 (http://www.regulations.gov/#!documentDetail;D=USCG-2010-1124-0003.1).
     Exhibit A-2 to Petition to Amend 46 CFR 67.177 (http://www.regulations.gov/#!documentDetail;D=USCG-2010-1124-0004.1).
     Exhibit B--Shipbuilders Council of America (SCA) 
Membership List (http://www.regulations.gov/#!documentDetail;D=USCG-
2010-1124-0005.1).

The public is invited to review the material contained in the docket 
and submit relevant comments, including comments on whether rulemaking 
would be beneficial, or not. The Coast Guard will consider the 
petition, any comments received from the public, and other information 
to determine whether or not to initiate the requested rulemaking.

    This notice is issued under authority of 33 CFR 1.05-20 and 5 
U.S.C. 552(a).

    Dated: February 18, 2011.
F.J. Kenney,
Rear Admiral, Judge Advocate General, Chairman, Marine Safety and 
Security Council.
[FR Doc. 2011-4215 Filed 2-24-11; 8:45 am]
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