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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules the scheme of federal regulation may be so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it or where the Act of Congress may touch a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject.
citations omitted. Because this proposed rule involves the credentialing of mariners under 46 U.S.C. 7101, it relates to personnel qualifications and, as a result, is foreclosed from regulation by the States. Therefore, because the States may not regulate within these categories, this rule is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.
While it is well settled that States may not regulate in categories in which Congress intended the Coast Guard to be the sole source of a vessels obligations, the Coast Guard recognizes the key role that State and local governments may have in making regulatory determinations. Additionally, for rules with federalism implications and preemptive effect, Executive Order 13132 specifically directs agencies to consult with State and local governments during the rulemaking process. If you believe this proposed rule would have implications for federalism under Executive Order 13132, please call or email the person listed in the FOR FURTHER INFORMATION
section of this preamble.

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F. Unfunded Mandates The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 15311538, requires Federal agencies to assess the effects of their discretionary regulatory actions. 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 million adjusted for inflation or more in any one year. Although this proposed rule would not result in such an expenditure, we do discuss the effects of this proposed rule elsewhere in this preamble.

Reform, to minimize litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children We have analyzed this proposed rule under Executive Order 13045
Protection of Children from Environmental Health Risks and Safety Risks. This proposed rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children.
J. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175 Consultation and Coordination with Indian Tribal Governments, because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
K. Energy Effects We have analyzed this proposed rule under Executive Order 13211 Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a significant energy action under that order because it is not a significant regulatory action under Executive Order 12866 and would not have any adverse effect on the supply, distribution, or use of energy.

G. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630 Governmental Actions and Interference with Constitutionally Protected Property Rights.

L. Technical Standards The National Technology Transfer and Advancement Act, codified as a note to 15 U.S.C. 272, directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards e.g., specifications of materials, performance, design, or operation; test methods;
sampling procedures; and related management systems practices that are developed or adopted by voluntary consensus standards bodies.
This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.

H. Civil Justice Reform This proposed rule meets applicable standards in sections 3a and 3b2 of Executive Order 12988, Civil Justice
M. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 02301,
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Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 series, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 42
U.S.C. 43214370f, and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A preliminary Record of Environmental Consideration REC
supporting this determination is available in the docket where indicated under the ADDRESSES section of this preamble.
This proposed rule appears to meet the criteria for categorical exclusion CATEX under paragraphs L56 and L54
in Table 31 of U.S. Coast Guard Environmental Planning Implementing Procedures April 2019, which is available in the docket at www.regulations.gov. Paragraph L56
pertains to regulations concerning the training, qualifying, licensing, and disciplining of maritime personnel.
Paragraph L54 pertains to regulations which are editorial or procedural. This proposed rule involves amending the maximum period of validity of merchant mariner medical certificates from 2 years to 5 years for FCPs and masters or mates serving as pilot on vessels of 1,600 GRT or more.
Additionally, the proposed rule includes an extension of the annual physical examination submission requirement from every other year to every 5 years, as long as circumstances do not require more frequent submissions of annual physical examination results to ensure maritime and public safety. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.
List of Subjects 46 CFR Part 10
Penalties, Personally identifiable information, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 11
Penalties, Reporting and recordkeeping requirements, Schools, Seamen.
46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
For the reasons discussed in the preamble, the Coast Guard proposes to amend 46 CFR parts 10, 11, and 15 as follows:

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