[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Proposed Rules]
[Pages 59575-59576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23771]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 181

[Docket No. USCG-2012-0843]


Hull Identification Numbers for Recreational Vessels

AGENCY: Coast Guard, DHS.

ACTION: Request for public comments.

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SUMMARY: The Coast Guard announces that it is requesting public 
comments regarding the existing regulatory requirement to indicate a 
boat's model year as part of the 12-character Hull Identification 
Number (HIN). Under current regulations in 33 CFR part 181, the HIN 
must consist of 12 characters, the last two of which indicate the 
boat's model year. This notice requests public comments on whether we 
should continue to require model year as part of the HIN or change the 
regulatory definition of ``model year.''

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before November 27, 
2012 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0843 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 about this 
notice, call or email Mr. Jeff Ludwig, U.S. Coast Guard; telephone 202-
372-1061, email [email protected]. If you have questions about 
viewing or submitting material to the docket, call Ms. Renee V. Wright, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to submit comments and related material on this 
notice. All comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have 
provided.
    Submitting comments: If you submit a comment, please include the 
docket number for this notice (USCG-2012-0843) 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 telephone 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 
use ``USCG-2012-0843'' as your search term. Locate this notice in the 
search results and click the ``Comment Now'' box to submit your 
comment. 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 them 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.
    Viewing Public Comments: To view the comments, go to http://www.regulations.gov and use ``USCG-2012-0843'' as your search term. 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.
    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 system of records notice regarding our public dockets in 
the January 17, 2008, issue of the Federal Register (73 FR 3316).

Background and Purpose

    Under 46 U.S.C. 4302, the Coast Guard is authorized to promulgate 
regulations that require the display of a HIN on recreational boats as 
part of the Coast Guard's boating safety requirements. HINs are used in 
recall notification campaigns to identify all boats that may contain a 
defect which creates a substantial risk of personal injury to the 
public or fail to comply with required recreational boating safety 
standards. Accurate HINs are an important tool in recall campaigns.
    When originally adopted in 1972, 33 CFR 181.25 required that boats 
display a 12-character HIN. Characters 1-3 consisted of the 
manufacturer identification number. Characters 4-8 consisted of the 
manufacturer serial number specific for that boat. Characters 9-12 
could indicate either the boat's date of certification or model year. 
Also, as originally adopted, 33 CFR 181.3 defined the term ``model 
year'' to mean ``the period beginning August 1 of any year and ending 
on July 31 of the following year. Each model year is designated by the 
year in which it ends.''
    This notice deals with the portion of the HIN that indicates a 
boat's model year. Since the HIN requirement was originally adopted, 
the Coast Guard has received numerous comments and suggestions 
regarding whether and how HINs should indicate the boat's model year. 
In 1983, the Coast Guard changed the HIN requirement with respect to 
characters 9-12 to the current regulatory requirement as follows: 
Characters 9-10 indicate the month and year of certification, when 
certification is

[[Page 59576]]

required. When certification is not required, characters 9-10 indicate 
the date of manufacture. Characters 11-12 indicate the vessel's model 
year. The definition of ``model year'' remains as ``the period 
beginning August 1 of any year and ending on July 31 of the following 
year. Each model year is designated by the year in which it ends.''
    Some manufacturers desire more flexibility to vary the introduction 
date of the new model year from year to year, and argue that the 
current regulatory definition of ``model year'' prevents them from 
doing so. We attempted to address this issue in a rulemaking effort 
that commenced in 1994 and ended in 2000. On May 6, 1994, we published 
a notice of proposed rulemaking (NPRM) regarding HIN requirements that 
included a proposal to remove the regulatory definition of ``model 
year'' altogether in response to manufacturer calls for flexibility 
(See 59 FR 23651). In response to this proposal, we received public 
comments both in favor of and opposed to removing the definition of 
``model year'' from the regulations. Accordingly, in a supplemental 
notice of proposed rulemaking (SNPRM) published on February 21, 1997, 
we proposed to revise the definition of ``model year'' instead of 
removing it altogether (See 62 FR 7971). The SNPRM proposed to define 
``model year'' to mean ``the calendar year (January 1 through December 
31) of, or the calendar year following (1) The boat's date of 
manufacture; or (2) If the boat is required to be certified, its date 
of certification.'' We note that in October 1997, the National Boating 
Safety Advisory Council passed a motion in favor of the existing 
regulatory definition instead of the one we proposed in the SNPRM. For 
reasons beyond the scope of this notice, we terminated the rulemaking 
effort on June 29, 2000 (See 65 FR 40069).
    The definition of ``model year'' for HIN purposes and the 
requirement to indicate model year as part of the HIN continue to 
remain issues of concern to multiple interests. We are reconsidering 
whether the regulatory requirement to indicate model year as part of 
the HIN advances boating safety. Therefore, we are seeking public 
comments on how to address these issues. We encourage public comment on 
these issues in general, and particularly request public comments on 
any or all of the following specific questions:
    1. Should Coast Guard regulations retain the current definition of 
``model year'' in 33 CFR 181.3?
    2. Should Coast Guard regulations revert to a previous HIN format 
that did not specify model year, but simply indicated the date of 
certification or date of completion of the boat by month and year 
(e.g., ``0612'' to indicate June 2012)?
    3. Should Coast Guard regulations change the definition of ``model 
year'' in 33 CFR 181.3 as proposed in the February 17, 1997 SNPRM to 
mean ``the calendar year (January 1 through December 31) of, or the 
calendar year following (1) The boat's date of manufacture; or (2) If 
the boat is required to be certified, its date of certification''?
    4. Should Coast Guard regulations replace the definition of ``model 
year'' in 33 CFR 181.3 with some other definition?
    5. Should the Coast Guard delete the current definition of model 
year, revert to a previous HIN format that did not specify model year 
but simply showed the date of certification or date of production of 
the boat by month and year, and allow the manufacturer the option of 
adding a model year designation separate from the HIN, e.g. 
ABC123450412 [2013] (showing the boat was completed in April of 2012 
and the manufacturer has determined it to be a 2013 model)?
    6. In what ways does the requirement to indicate model year as part 
of the HIN advance boating safety?
    We request comments from all interested parties to ensure that we 
identify the full range and significance of these issues.
    This notice is issued under authority of 46 U.S.C. 4302, 5 U.S.C. 
552(a), 33 CFR 1.05-1, and DHS Delegation 0170.1(92).

    Dated: September 14, 2012.
Paul F. Thomas,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2012-23771 Filed 9-27-12; 8:45 am]
BILLING CODE 9110-04-P