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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations
the Director issues a written decision denying the Application or revoking the COFR, as applicable. Otherwise, the Application denial or COFR revocation is effective as of the date specified by the notice.
3 The denial of an Application or revocation of a COFR does not terminate the guaranty.
e Request for reconsideration. 1 A
COFR Operator may ask the Director to reconsider a denial of the COFR
Operators Application or the revocation of a COFR as follows:
i The COFR Operator must submit the request for reconsideration, in writing, to the Director no later than 21
days after the date of the denial or revocation.
ii The submission must state the COFR Operators reasons for requesting reconsideration and include all supporting documentation.
2 A decision by the Director on reconsideration of an Application denial or a COFR revocation is final agency action. If the Director does not issue a written decision on the request for reconsideration within 30 days after its submission, the request for reconsideration will be deemed to have been denied, and the Application denial or COFR revocation will be deemed to have been affirmed as a matter of final agency action. Unless the Director issues a decision reversing the revocation, the COFR revocation remains in effect.
f Duty to remedy violations. If the COFR for a vessel expires or is revoked while the vessel is located in the navigable waters, at any port or other place subject to the jurisdiction of the United States, or in the Exclusive Economic Zone, the COFR Operator and the vessels other responsible parties will be deemed in violation of this subpart. In such event, the COFR
Operator or, if unavailable or no longer operating the vessel, the vessels current responsible parties, must notify the Director within 24 hours, by email or other electronic means. The notice must include the information required by 138.150b and must establish new evidence of financial responsibility, designate a new COFR Operator if applicable, and cure any other violation of this subpart.

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138.150

Reporting requirements.

a Report changes of submitted information. When there is a change in any of the facts contained in an Application, a request for COFR
renewal, evidence of financial responsibility, or other submission made under this subpart, the change must be reported, in writing, to the
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Director. The reports required by this section may be submitted with, but are in addition to, other submissions required by this subpart for example, Applications, requests for COFR
renewal, semi-annual and annual financial reports, Master Certificate reports.
b A 21-day prior reporting requirement of permanent vessel transfers and other changes requiring issuance of a new COFR. Current COFR
Operators of vessels, and owners or operators of vessels not currently in U.S.
navigable waters or the U.S. Exclusive Economic Zone, must report to the Director, and if applicable to the guarantor, the following information, no later than 21 business days before the new COFR is required:
1 The number of the current COFR;
2 The name of the covered vessel;
3 The type of change planned;
4 The date the change will take place;
5 The reason for the change;
6 For a vessel that will be located in U.S. navigable waters or U.S. Exclusive Economic Zone on the date the change is scheduled to take place, where the vessel will be located on that date for example, name and location of port;
7 For a vessel name change, the vessels new legal name;
8 For the planned transfer of a vessel to a new responsible party, and even if the transferees intent is to scrap or otherwise dispose of the vessel, the name and contact information of the responsible party to whom the vessel is being transferred;
9 For a change of COFR Operator, the name and contact information of the person who will replace the COFR
Operator; and 10 Any other changes in the information previously submitted to ensure the information on record at the NPFC is current.
c Three-day prior reporting of changes not requiring issuance of a new COFR. In addition to the prior reporting required by paragraph b of this section, the COFR Operator must report any change to information contained in a submission to the Director that does not require issuance of a new COFR, by no later than 3 business days before implementing the change, including, but not limited to: Changes to the U.S.
agent for service of process other than termination, a change of a non-operator vessel owner, new contact information, and changes in vessel particulars for example, flag, measurement, type, and scheduled vessel scrapping.
d Reporting by guarantors. Each guarantor or, if there are multiple guarantors, each lead guarantor must
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give the Director 30 days notice before terminating a guaranty as provided in 138.110a3, explaining the reason for the intended termination, once known, or should have known, in the ordinary course of business.
e Enforcement; deadline exceptions.
A failure to timely submit the reports required by this section may result in enforcement actions as provided in 138.170. Exceptions to the reporting deadlines will only be granted as provided in 138.60e.
138.160 Non-owning COFR Operators responsibility for identification.

a Each COFR Operator of a vessel with a COFR, other than an unmanned, non-self-propelled barge, who is not also an owner of the vessel must ensure that the original or a legible copy of the vessels demise charter-party or other written document on the owners letterhead, signed by the vessel owner, which specifically identifies the COFR
Operator named on the COFR is maintained on board the vessel.
b The demise charter-party or other document required by paragraph a of this section must be presented, upon request, for examination and copying, to the Director or other United States Government official.
138.170

Enforcement.

a Applicability. Any person who fails to comply with the requirements of this subpart, including the reporting requirements in 138.150, may be subject to enforcement as provided in this section, including if 1 The COFR Operator fails to maintain acceptable evidence of financial responsibility as required;
2 The name of a covered vessel is changed without reporting the change to the Director as required in 138.150;
3 The COFR Operator ceases, for any reason, to be an operator of a covered vessel, including when a vessel is scrapped or transferred to a new owner or operator, and a new Application and report have not been submitted to the Director as required by 138.80 and 138.150; or 4 The COFR Operator fails to maintain a U.S. agent for service of process.
b Non-compliance. During a period of non-compliance with this subpart, all use by the vessel of the navigable waters of the United States, of any port or other place subject to the jurisdiction of the United States, or of the Exclusive Economic Zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States, is forbidden.
c Withholding and revoking vessel clearance. The Secretary of the
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