[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Proposed Rules]
[Pages 7971-7977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4360]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 181
[CGD 92-065]
RIN 2115-AE37
Hull Identification Numbers for Recreational Boats
AGENCY: Coast Guard, DOT.
ACTION: Supplemental notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend its regulations
concerning the identification numbers affixed to the hulls of
recreational boats, including boats carrying six or fewer passengers
for hire. These amendments are necessary to align the present numbering
system with the newly-adopted international system. This would
facilitate the sale of U.S. products abroad. In addition, the Coast
Guard is proposing several minor amendments to its regulations on hull
identification numbers.
[[Page 7972]]
DATES: Comments must be received on or before May 22, 1997.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 92-065), U.S. Coast Guard Headquarters
2100 Second Street SW., Washington, DC 20593-0001, or may be delivered
to room 3406 at the same address between 9:30 a.m. and 2 p.m., Monday
through Friday, except Federal holidays. The telephone number is (202)
267-1477. Comments on collection-of-information requirements must be
mailed also 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 Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters, between 9:30 a.m. and 2 p.m., Monday through Friday,
except Federal holidays.
A copy of the material listed in ``Incorporation by Reference'' of
this preamble is available for inspection at room 3104, U.S. Coast
Guard Headquarters.
FOR FURTHER INFORMATION CONTACT: Mr. Alston Colihan, Office of Boating
Safety, (202) 267-0981.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 92-065) and the specific section of this
proposal to which each comment applies, and give the reason for each
comment. Please submit two copies of all comments and attachments in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. Persons wanting acknowledgment of
receipt of comments should enclose stamped, self-addressed postcards or
envelopes.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
The Coast Guard plans no public hearing. Persons may request a
public hearing by writing to the Marine Safety Council at the address
under ADDRESSES. The request should include the reasons why a hearing
would be beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Regulatory History
On May 6, 1994, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Expanded Hull Identification Number and
New Requirements for Certificates of Origin'' in the Federal Register
(59 FR 23651). The Coast Guard received 114 letters commenting on the
proposal. No public hearing was requested, and none was held.
On November 9, 1994, a notice announcing a workshop and reopening
the comment period for the NPRM was published in the Federal Register
(59 FR 55823).
Background and Purpose
Under 46 U.S.C. 12501, the Secretary of Transportation is required
to establish and maintain a vessel identification system (VIS) for use
by law enforcement and other public officials. This authority has been
delegated to the Commandant of the Coast Guard (49 CFR 1.46(ss)). The
VIS is intended to provide a nationwide pool of information on vessels
and vessel owners that will help in identifying and recovering stolen
vessels and deterring vessel theft. To aid in the development of a VIS
for recreational boats, the Coast Guard proposed to expand the hull
identification number required for those boats under 33 CFR part 181 to
include certain vessel-specific information and a check digit to make
fraudulent alternations more difficult. In addition, the Coast Guard
proposed that vessel manufacturers and importers provide a Certificate
of Origin (COO) with each vessel produced in, or imported into, the
U.S. for the purposes of sale. The COO would ensure that documentation
certifying the information and establishing a chain of ownership was
available.
Due to extensive opposition to the proposed 19-character HIN and
the COO, the comment period was extended from November 9, 1994, to
January 9, 1995, and a public workshop was held on December 8, 1994.
After review of all comments received, the Coast Guard decided to issue
a new proposal that would align the HIN with the recently-adopted
standard of the International Organization for Standardization (ISO)
and delete the COO.
Discussion of Comments and Changes to the NPRM
The Coast Guard received 114 comments in response to the NPRM from
33 boat manufacturers, 8 boat dealers, 6 insurance companies, 42 State
and law-enforcement organizations, and 25 individuals and
organizations. In addition, the Coast Guard received oral comments at
the December 8, 1994, workshop. These comments and the changes made to
the NPRM are summarized as follows.
(a) Format of hull identification number (proposed Sec. 181.25).
The present regulation in 33 CFR 181.25 requires that a 12-character
HIN be affixed in two places on the hull of each new recreational boat
made in the U.S. or imported into the U.S. The HIN consists of the
manufacturer identification code (three characters), the boat's serial
number (five characters), the month and year of certification or
manufacture (two characters), and the model year (two characters). The
NPRM proposed an expansion of the present HIN to include a two-
character prefix to indicate the country of origin and five characters
following the HIN to indicate overall length, hull material, means of
propulsion, type of boat, and a check digit to help detect fraudulent
alterations of the HIN. As a result of the overwhelmingly negative
comments received to the NPRM, this supplemental notice of proposed
rulemaking (SNPRM) proposes to add only the two-character prefix for
country of origin and delete the last five proposed characters. The
HIN, as proposed in this notice, is aligned with the format recently
adopted by the International Organization for Standardization (ISO).
The HIN format, as proposed in the NPRM, was based on the Vehicle
Identification Number (VIN), which has worked well in the automotive
industry. Unfortunately, while there are probably fewer than 100
companies manufacturing automobiles worldwide, there are more than
4,500 boat manufacturers in the U.S. alone. Recreational boat
manufacturers tend to be small and less likely to have computers.
Consequently, spending 15 minutes to manually calculate the check digit
alone for a single boat is, for them, an excessive paperwork burden.
Though the present regulations have changed only slightly since
they became effective in 1972, the Coast Guard estimates that hundreds
of boats still are manufactured annually with incorrect 12-character
HIN's. Were the Coast Guard to expand the HIN to 19 characters,
including a check digit, the potential for error would significantly
increase, making it more difficult to determine whether an error was
intentional or not.
[[Page 7973]]
The comments also noted a number of practical problems. For
example, several comments noted that some boats do not have room to
accommodate a longer number in the required location and would have to
be redesigned. One noted that an error found in an HIN on the transom
of an aluminum boat might require replacement of the entire transom.
Still others mentioned problems for law enforcement officers in
reviewing documents that repeat the HIN because of the difficulty in
reading long numbers, particularly numbers not separated by hyphens or
spaces.
Though a number of alternative formats were suggested in the
comments, most calling for a 17-character format, the Coast Guard
decided that it would propose using the shorter 14-character format
consistent with ISO. By using the ISO format, it enables U.S.
manufacturers to market their products abroad without having to affix
two different sets of numbers on each boat.
One other reason why the Coast Guard proposes removal of the
requirement for the five additional HIN characters is because the
Office of Management and Budget (OMB), which administers the Paperwork
Reduction Act (see the ``Collection of Information'' section in this
preamble), received many negative comments alleging that the additional
characters would impose significant paperwork burdens. OMB indicated
that it would be taking a very close look at the proposed paperwork
requirements in this rulemaking and that more justification for the
additional characters, if retained, would be necessary.
As the proposed 14-character HIN is consistent with the
internationally-adopted ISO HIN, entities or organizations, such as
State, insurance, theft investigation, or law enforcement agencies,
that favor an HIN with additional characters to aid in marine
investigations and deter boat theft should work with the ISO to change
the international standard. In this way, a single, internationally-
recognized format can be maintained. In the interim, existing
Sec. 181.27 allows manufacturers to place additional characters before
or after the HIN.
(b) Certificate of Origin (Removed). The requirement for a
certificate of origin (COO), as proposed in the NPRM, has been removed.
The COO was to be a document identifying the boat and certifying
transfer of ownership from its manufacturer to the retail purchaser and
so on to subsequent purchasers. It was expected to provide assistance
in proving ownership of the boat. Many of the States currently have
laws requiring manufacturers to furnish COO's. Considering the costs
and information collection burdens associated with the proposed COO
requirements and the fact that States are not subject to the Paperwork
Reduction Act, the States are in a better position to develop their own
uniform Certificate of Origin requirements. The major obstacles to the
proposed requirement for a COO are the information-collection burdens,
the costs of forms meeting security features recommended by the
National Association of State Boating Law Administrators (NASBLA), and
the absence of Coast Guard authority to charge manufacturers for
expenditures on these forms.
(c) Applicability (existing Sec. 181.21). Several comments
suggested that the Coast Guard require hull identification numbers for
all vessels, including commercial vessels. These suggestions are beyond
the scope of this rulemaking, which is limited to recreational boats,
including boats carrying six or fewer passengers.
Section 181.21 is also proposed to be amended to remove obsolete
and unnecessary provisions without substantive change.
(d) Definition of model year (proposed Sec. 181.3(f)). In existing
Sec. 181.3(f), ``model year'' is defined as the period beginning August
1 of any year and ending on July 31 of the following year, with the
model year being designated as the year in which the period ends.
Several comments stated that this definition is vague and subject to
varying interpretation. For example, it is not keyed to a specific
date, such as the date of construction, assembly, or importation. Other
comments complained that the model year should not be confined to
specified dates (i.e., August 1 and July 31) in case they wanted to
vary the introduction date of a new model.
The proposed definition has been completely revised to address
these concerns.
(e) Assignment of hull identification number (proposed
Sec. 181.24). This new section is provided for clarity and contains no
substantive changes from the existing regulations.
(f) Display of hull identification number (proposed
Sec. 181.29(b)). One comment stated that the primary HIN location
should be revised to make the HIN readable when a boat is in the water.
The Coast Guard agrees and proposes amending the paragraph to indicate
that the HIN must be affixed where it is readily visible above the
waterline.
Two identical hull identification numbers are required to be
displayed on each boat hull, a primary HIN on the transom of most boats
and a duplicate HIN somewhere on the interior of the boat. The
intention is for the primary HIN to be readily visible. Marine police
officers routinely attempt to read the HIN on boats during State law
enforcement boardings, and many HIN's are not visible because they are
affixed to the transom beneath swim platforms or below the waterline.
Existing Sec. 181.29 would be amended to show that the primary HIN must
be affixed where it is readily visible above the waterline. If, when
affixed in accordance with proposed Sec. 181.29(b)(1), the primary HIN
is not readily visible, the manufacturer must affix the HIN in
accordance with proposed Sec. 181.29(b)(2).
(g) Display of duplicate hull identification number (proposed
Sec. 181.29(d)). A comment from a law enforcement officer wanted a
standard international requirement for placement of the duplicate HIN
to ensure that it is accessible without having to disassemble portions
of the boat.
While accessibility without requiring disassembly of portions of a
boat is desirable, creating this accessibility would defeat the purpose
of having a duplicate HIN, that is to help identify boats on which the
primary HIN has been removed or altered. Considering the infinite
variety of boat designs and configurations, defining such a uniform
location would be prohibitively difficult.
(h) Permanency of hull identification number (proposed
Sec. 181.29(e)). Several comments stated that all vessels should be
required to have HIN's affixed in a uniform manner. Another comment
stated that the methods used to affix HIN's should be made more
durable. According to the comments, manufacturers should be required to
stamp or emboss HIN's into the hull instead of allowing glued or pop-
riveted HIN plates.
The Coast Guard acknowledges the desirability of uniform permanency
requirements for HIN's. However, because boats are constructed from so
many different materials, such as canvas, vinyl, wood, aluminum and
fiberglass, the variety of materials, prevents the establishment of
uniform permanency requirements. As currently written in Sec. 181.29,
each HIN must be carved, burned, stamped, embossed, molded, bonded, or
otherwise permanently affixed to the boat so that alteration, removal,
or replacement would be obvious. If the number is on a separate plate,
the plate must be fastened in such a manner that its removal would
normally cause some
[[Page 7974]]
scarring of or damage to the surrounding hull area.
The words ``otherwise permanently affixed'' and ``so that
alteration, removal, or replacement would be obvious'' are subject to
interpretation. The Coast Guard considers these words to mean that
ordinary and reasonable methods must be used to ensure that the HIN
will remain intact and legible for the useful life of the boat, and in
such a way that would discourage anyone from altering or removing the
HIN number.
(i) Assignment of manufacturer identification code (proposed
Sec. 181.31). One comment stated that the Coast Guard should accept a
manufacturer identification code (MIC) issued by an international
agency or an organization designated by the European Union (EU).
According to the comment, a U.S. importer would then have to submit
proof that the MIC displayed on a boat was assigned by the
international agency or EU-designated organization.
One reason for requiring manufacturers and importers to obtain an
MIC from the Coast Guard is because the Coast Guard has no legal
recourse against foreign manufacturers of boats that contain
substantial-risk defects or fail to comply with applicable Federal
safety standards. The practical effect of requiring U.S. manufacturers
and importers of boats built in foreign countries to obtain an MIC from
the Coast Guard is to identify the U.S. agent or U.S. subsidiary
responsible for notifying owners and correcting defects or non-
compliances in accordance with 33 CFR part 179.
The Coast Guard does not believe it would be appropriate to accept
manufacturer identification codes issued by other international
agencies or EU-designated organizations, until such time as
international agreements are in effect which establish the
responsibilities and accountability of foreign manufacturers for
defective or non-complying boats sold in the United States.
Several comments stated that the Coast Guard should not issue an
MIC over the telephone and that applicants for an MIC should be
required to submit a completed application with a notarized signature,
a copy of a business license or a seller's permit, and photographs of
the established place of business. The comments also stated that the
regulations should require the Coast Guard or an official designated by
the State to inspect the place of business before an MIC is issued.
The Coast Guard has ceased issuing MIC's over the telephone and
concurs with the need for some means to ensure that a company which
applies for an MIC is, in fact, in the business of manufacturing boats.
Some companies that have applied for and received MIC's were not in the
business of manufacturing boats, but were engaged in boat theft or
insurance fraud. While the Coast Guard does not concur with the
comments proposing requirements for photographs of established places
of business or notarized signatures, the Coast Guard agrees that a copy
of an applicant's State business license or a State seller's permit
will help the Coast Guard and the States keep track of company owners
and the physical locations of boat manufacturing plants and discourage
the use of MIC's for fraudulent purposes. Submission of an applicant's
State business license or a seller's permit would also preclude the
necessity for a visit to the manufacturer's place of business.
Both State boat registration and titling authorities and the Coast
Guard need a means to ensure that a company applying for an MIC is, in
fact, in the business of manufacturing boats. Therefore, Sec. 181.31(a)
would be amended to require a manufacturer apply for an MIC to include
a copy of its State business license or seller's permit to help the
Coast Guard keep track of the identities of company officials and the
physical locations of its plants and to discourage the use of an MIC
for fraudulent purposes.
One weakness in the existing regulations covering the issuance of
these codes is that, as currently written, they do not provide for
Coast Guard to refuse to issue or revoke an MIC. This has led to
companies which applied for and received MIC's, which were not in the
business of manufacturing boats, but were engaged in boat theft,
insurance fraud or avoided responsibilities for defect notification and
recall by filing for bankruptcy and then resuming boat manufacturing
under a different MIC. Therefore, proposed Sec. 181.31(d) is added to
allow for refusal of an application for an MIC or revocation of an MIC.
(j) Assignment of hull identification numbers for persons who build
or import boats for their own use (proposed Sec. 181.31(c); relocated
to proposed Sec. 181.24(b)). Paragraph (c) of Sec. 181.31 as appearing
in the NPRM concerned the assignment of numbers for persons who build
or import boats for their own use and not for the purposes of sale. The
location of this paragraph was confusing because it was placed in a
section describing how manufacturers are to obtain manufacturer
identification codes. It now has been relocated, without substantive
change, to proposed Sec. 181.24(b), a new section concerning assignment
of HIN's.
(k) Conditions for use of manufacturer identification code
(existing Sec. 181.33). One comment stated that manufacturer name or
address changes should be in writing.
Section 181.33(b) currently contains this requirement.
(l) Removal of HIN (proposed Sec. 181.35). Several comments
recommended that, once the HIN is stamped or embossed, there should be
no alteration without the written permission of the Commandant of the
Coast Guard. Two other comments supported making the alteration of an
HIN a felony nationwide and stated that there should be no alteration
without the written permission of the Commandant of the Coast Guard and
the issuing authority of the State involved.
While existing Sec. 181.35 prohibits the removal or alteration of
an HIN unless authorized by the Commandant, the Coast Guard agrees that
the Commandant's permission should be in writing to add to the
integrity of the system and proposes to amend the section accordingly.
The Coast Guard routinely advises State issuing authorities about the
alterations to the HIN's it authorizes and does not believe that
requiring a separate State authorization would substantially enhance
the integrity of the system.
(m) Miscellaneous comments. Several comments suggested the term
``length,'' in reference to the characters indicating length of the
boat, be defined. With the withdrawal of the proposal to require five
additional characters, one of which would indicate a vessel's length,
this comment is no longer relevant to the proposed amendments.
Another comment requested changes in boat documentation procedures.
This comment concerns 46 CFR part 67 and is not relevant to the
proposed regulations.
One comment suggested that an international law be established
requiring that boats be inspected by law enforcement agencies or by
State registration authorities each time a title is changed or
transferred. This comment is beyond the scope of this rulemaking.
A comment from an insurer of personal watercraft (PWC) stated that
all replacement hulls for PWC should have a serialized number
permanently affixed to the main lower portion of the hull and that all
PWC manufacturers should be required to provide certifications of
replacements. The certification, according to the comment, should
include the original HIN of the HIN of the PWC, the name and signature
of the
[[Page 7975]]
present owner of the PWC, the name of the facility replacing the PWC
hull, and a statement about the destruction and disposal of damaged PWC
hulls. The Coast Guard has urged both PWC manufacturers and
manufacturers of replacement hulls to verify the destruction and
disposal of damaged PWC hulls and to affix the same HIN originally
assigned to a PWC. These procedures would ensure that PWC with
replacement hulls can be traced through manufacturer warranty and State
boat registration and numbering systems and would make it virtually
impossible for a damaged PWC hull to be recycled as a usable boat. The
Coast Guard recognizes that PWC represent the largest number of boats
stolen annually. However, certification regarding replacement,
destruction, and disposal of PWC hulls is an issue which is beyond the
scope of the present rulemaking. The Coast Guard is considering the
problems relating to replacement hulls under a separate initiative.
Regulatory Evaluation
This proposal 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. It
has not been reviewed by the Office of Management and Budget 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). The Coast Guard expects the economic impact of this
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedures of DOT is
unnecessary. An estimated 2,000,000 recreational boats are manufactured
or imported annually, each presently required to have the 12-character
HIN located in two places on the hull. In addition, about 17,000 boats
are built each year by private individuals. This means a total of
4,034,000 HIN's (two per boat) are affixed annually. The estimated
average cost for determining and affixing the present 12-character HIN
is $.50 per boat. The estimated increase in costs for adding two more
characters, as proposed, would be an additional $.10 or less per boat.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``Small entities'' may include (1) small businesses and not-
for-profit organizations that are independently owned and operated and
that are not dominant in their fields and (2) governmental
jurisdictions with populations of less than 50,000.
The proposed regulations would apply to both small and large
manufacturers and importers of boats, as well as to private individuals
who build or import their boats. Numerous comments were received,
primarily from small manufacturers, objecting to the burdens that would
be imposed by the use of the proposed 19-character HIN. In response to
these comments, the Coast Guard has decided to delete the last five
characters from its proposed 19-character HIN and propose only the
original 12-character HIN with a two-character prefix for country of
origin. This would result in a decrease of five characters while
aligning the HIN with international standards. The addition of the two-
character prefix would result in only a slight increase in costs ($.10
or less) per boat. Therefore, the Coast Guard certifies under 5 U.S.C.
605(b) that this new proposal, if adopted, will not have a significant
economic impact on a substantial number of small entities. If, however,
you think that your business or organization qualifies as a small
entity and that this proposal will have a significant economic impact
on your business or organization, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and in what way and to
what degree this proposal will economically affect it.
Collection of Information
Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the
Office of Management and Budget (OMB) reviews each proposed rule that
contains a collection-of-information requirement to determine whether
the practical value of the information is worth the burden imposed by
its collection. Collection-of-information requirements include
reporting, recordkeeping, notification, labeling, and other, similar
requirements.
This proposal contains collection-of-information requirements in
Sec. Sec. 181.25, 181.29, and 181.31. The following particulars apply:
DOT: 2115.
OMB Control No.: 2115-0573.
Administration: U.S. Coast Guard.
Title: Hull Identification Number for Recreational Boats.
Need for Information: Two characters identifying the country of
origin would be required to be added to the presently-required, 12-
character HIN. This is necessary to align the HIN format with the
newly-established standard of the International Organization for
Standardization (ISO) in order to maintain a uniform system and improve
access by U.S. manufacturers to international markets.
Proposed Use of Information: To be used by State agencies, local
law enforcement agencies, the Coast Guard, and other Federal agencies
to identify each recreational boat manufactured domestically or
imported.
Estimated Annual Burden: It takes about 10 minutes per boat to
determine the characters and affix the presently-required, 12-character
HIN. The time required under this proposal to determine the code for
the country of origin and add its assigned two letters to the HIN would
be negligible.
Respondents: Boat manufacturers and importers (4,500), individuals
building their own boats (17,000) and issuing authorities in States and
territories of the United States (56).
Forms: The two characters would be added to the two identical HIN's
affixed to each recreational boat.
Average Burden Hours per Respondent: Negligible. The two characters
that would be added refer to the country of origin, readily available
information.
The Coast Guard has submitted the requirements to OMB for review
under section 3504(h) of the Paperwork Reduction Act. Persons
submitting comments on the requirements should submit their comments to
both OMB and to the Coast Guard where indicated under ADDRESSES.
Federalism
The Coast Guard has analyzed this proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
The authority for this rulemaking under 46 U.S.C. 12501 and 12502.
Section 12506 authorizes the Coast Guard to delegate to a State its
authority to establish and maintain a vessel identification system.
Under 33 CFR part 187, States may elect to participate in the VIS
program and, in doing so, must use the hull identification numbers
assigned under the provisions being addressed in this rulemaking.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under paragraph 2.b.2.e(34) of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation. This
[[Page 7976]]
proposal concerns labeling of boats for identification and has no
environmental consequences. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 181
Incorporation by reference, Labeling, Marine safety, Reporting and
recordkeeping requirements.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 33 CFR part 181 as follows:
PART 181--MANUFACTURER REQUIREMENTS
1. The authority citation for part 181 is revised to read as
follows:
Authority: 46 U.S.C. 4302, 12501, 12502; 49 CFR 1.46.
2. In Sec. 181.3, the definitions of Date of manufacture and Model
year are revised to read as follows:
Sec. 181.3 Definitions.
* * * * *
Date of manufacture means a date that is no earlier than the date
construction or assembly of a boat begins and no later than the date
the boat leaves the place of manufacture or assembly or is imported
into the United States for the purposes of sale.
* * * * *
Model year means 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.
* * * * *
3. In Sec. 181.4, paragraph (a) and paragraph (b) introductory text
are revised and, in paragraph (b), a new item is added, in alphabetical
order, to the list to read as follows:
Sec. 181.4 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in paragraph (b) of this section, the Coast Guard must
publish notice of change in the Federal Register; and the material must
be available to the public. All approved material is available for
inspection at the Office of the Federal Register, 800 North Capitol
Street NW., suite 700, Washington, DC, and at the U.S. Coast Guard,
Office of Boating Safety (G-OPB), 2100 Second Street SW., Washington,
DC 20593-0001, and is available from the sources indicated in paragraph
(b) of this section.
(b) The material approved for incorporation by reference in this
part and the sections affected are as follows:
International Organization for Standardization (ISO): Maintenance
Agency Secretariat, c/o DIN Deutsches Institut fur Normung,
Burggrafenstrasse 6, Postfach 1107, D-1000 Berlin 30, Republic of
Germany:
ISO 3166-88, Codes for the Representation of Names of Counties--
181.25.
* * * * *
4. Section 181.21 is revised to read as follows:
Sec. 181.21 Purpose and applicability.
This subpart prescribes requirements for identifying boats.
5. Section 181.24 is added to read as follows:
Sec. 181.24 Assignment of hull identification number.
(a) For a boat under Sec. 181.23(a), the manufacturer or importer
shall assign the required hull identification number according to
Sec. 181.25.
(b) For a boat under Sec. 181.23(b), the builder or importer shall
obtain the required hull identification number from the issuing
authority of the State where the boat will be used principally or, if
the State does not assign hull identification numbers, from the U.S.
Coast Guard Recreational Boating Product Assurance Division, 2100
Second Street SW., Washington, DC 20593-0001.
6. Section 181.25 is revised to read as follows:
Sec. 181.25 Format of hull identification number.
(a) Each hull identification number required by Sec. 181.23 must
consist of the following 14 characters:
(1) The first two characters must be the alphabetic Code from
column 2 of ISO 3166-88 indicating the country where the boat was
manufactured.
(2) Characters three through five must be a manufacturer
identification code assigned under Sec. 181.31.
(3) Characters 6 through 10 must be a serial number assigned by the
manufacturer or an issuing authority in English letters (except I, O,
and Q), Arabic numerals, or both.
(4) Characters 11 and 12 must indicate the month and year of the
date of manufacture, date of importation into the United States, or, if
the boat is required to be certified, the date of certification.
Character 11 must indicate the month by using the letter ``A'' for
January, ``B'' for February, and so on until ``L'' for December.
Character 12 must be an Arabic numeral indicting the last digit of the
year.
(5) Characters 13 and 14 must indicate the model year using Arabic
numerals for the last two numbers of the model year, such as ``96'' for
1996 and ``97'' for 1997.
(b) The characters must not be interrupted by slashes, hyphens, or
spaces, except for a hyphen of at least 10 millimeters (.375 in.) in
length following the first two characters.
7. Section 181.29 is revised to read as follows:
Sec. 181.29 Display of hull identification number.
(a) Two identical hull identification numbers must be displayed on
the hull of each boat.
(b) Except as noted in paragraph (c) of this section, the primary
hull identification number must be located as follows:
(1) On boats with transoms, to the starboard outboard side of the
transom above the waterline and within two inches of the top of the
transom, gunwale, or hull/deck joint, whichever is lowest.
(2) On boats without transoms or on boats on which it would be
impractical to locate the number on the transom, to the starboard
outboard side of the hull above the waterline, aft, within one foot of
the stern and within two inches of the top of the transom, gunwale, or
hull/deck joint, whichever is lowest.
(3) On catamarans and pontoon boats that have readily replaceable
hulls, to the aft crossbeam, within one foot of the starboard hull
attachment.
(4) On other boats with readily replaceable hulls, a boat
manufacturer can use alternative locations with the written permission
of the U.S. Coast Guard Recreational Boating Product Assurance Division
at the address in Sec. 181.24(b).
(c) If the hull identification number would not be readily visible
if located as required under paragraph (b)(1) of this section (because
of rails, fittings, swim platforms, or other accessories or transoms
with reverse sheer), the number must be affixed in accordance with
paragraph (b)(2) of this section.
(d) The duplicate hull identification number must be affixed in an
unexposed location on the interior of the boat or beneath a fitting or
item of hardware.
(e) Each hull identification number must be carved, burned,
stamped, embossed, molded, bonded, or otherwise permanently affixed to
the boat so that alteration, removal, or replacement would be obvious.
If the number is on a separate plate attached by a mechanical means,
such as by rivets or bolts, the plate must be
[[Page 7977]]
attached by some additional means (such as with an epoxy glue) in such
a manner that removal of the plate would normally cause some scarring
of or damage to the surrounding hull area. A hull identification number
must not be attached to parts of the boat that are removable.
(f) The characters of each hull identification number must be no
less than one-fourth of an inch in height.
8. Section Sec. 181.31 is revised to read as follows:
Sec. 181.31 Assignment of manufacturer identification code.
(a) To obtain the manufacturer identification code required by
Sec. 181.25(a)(2), each manufacturer, other than an importer, required
under Sec. 181.23(a) to identify a boat shall submit a written request
to the U.S. Coast Guard Recreational Boating Product Assurance Branch,
2100 Second Street SW., Washington, DC 20593-0001. The request must
indicate the manufacturer's name and U.S. address along with the
general types and lengths of boats that will be manufactured. The
request must also include a copy of the manufacturer's State business
license or seller's permit.
(b) To obtain the manufacturer identification code required by
Sec. 181.25(a)(2), each importer required under Sec. 181.23(a) to
identify a boat shall submit a written request for a manufacturer
identification code as required by paragraph (a) of this section. The
request must indicate the importer's name and U.S. address along with a
list of the manufacturers and their addresses, and the general types
and lengths, of boats that will be imported. The request must also
include a copy of the importer's State business license or seller's
permit.
(c) The Coast Guard has assigned manufacturer identification codes
to issuing authorities in the States for the assignment of hull
identification numbers to persons who are required to identify boats
under Sec. 181.23(b).
(d) The Coast Guard may refuse to issue a manufacturer
identification code and may revoke a previously issued code.
9. Section 181.35 is revised to read as follows:
Sec. 181.35 Removal of hull identification number.
No person may remove or alter a hull identification number without
the written permission of the Commandant of the Coast Guard.
Dated: February 14, 1997.
N.T. Saunders,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Operations.
[FR Doc. 97-4360 Filed 2-20-97; 8:45 am]
BILLING CODE 4910-14-M
