Federal Register - September 1, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 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 is not likely to have a significant adverse effect on the supply, distribution, or use of energy.
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
CONTACT section of this preamble.
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.
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.
K. Energy Effects
M. Environment We have analyzed this proposed rule under Department of Homeland Security Management Directive 02301, Rev. 1,43 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 supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble.
This proposed rule would be categorically excluded under paragraphs L52 and L56 of Appendix A, Table 1 of DHS Instruction Manual 02301001
01, Rev.1. Paragraph L52 pertains to regulations concerning vessel operation safety standards and paragraph L56
pertains to regulations concerning the training, qualifying, and licensing of maritime personnel.
This proposed rule would revise the existing merchant mariner credentialing
We have analyzed this proposed rule under Executive Order 13211 Actions Concerning Regulations That Significantly Affect Energy Supply,
43 https www.dhs.gov/sites/default/files/
publications/DHS_Instruction%20Manual%2002301-001-01%20Rev%2001_
508%20Admin%20Rev.pdf.
H. Civil Justice Reform This proposed rule meets applicable standards in sections 3a and 3b2 of Executive Order 12988, Civil Justice 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
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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.
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.
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training requirements for national endorsements as master and mate pilot for towing vessels. The proposed changes would apply to mariners working on towing vessels inspected under 46 CFR subchapter M when operating on inland waters or Western Rivers routes. Under the proposed rule, these mariners would only be required to receive training that is relevant to the firefighting equipment that is available on their vessels. This proposed change would promote marine safety by focusing attention on the resources actually available to affected mariners.
We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.
List of Subjects in 46 CFR Part 11
Penalties, Reporting and recordkeeping requirements, Schools, Seamen.
For the reasons discussed in the preamble, the Coast Guard proposes to amend 46 CFR part 11 as follows:
1. The authority citation for part 11 is revised to read as follows:
Authority: 14 U.S.C. 1023; 31 U.S.C.
9701; 46 U.S.C. 2101, 2103, and 2110; 46
U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, 8906, and 70105; Executive Order 10173; Department of Homeland Security Delegation No. 0170.1. Section 11.107 is also issued under the authority of 44 U.S.C. 3507.
2. Amend 11.201 by:
a. Revising paragraphs h1, 2i, and 3i and ii;
b. Adding paragraphs h3iii and iv; and c. Revising paragraph l .
The revisions and additions read as follows:
11.201 General requirements for national and STCW officer endorsements.
h
1 Applicants for an original officer endorsement in the following categories must present a certificate of completion from a firefighting course of instruction relevant to the endorsement being sought that has been approved by the Coast Guard. The firefighting course must have been completed within the past 5 years, or if it was completed more than 5 years before the date of application, the applicant must provide evidence of maintaining the standard of competence in accordance with the firefighting requirements for the credential sought.
2
i All national officer endorsements as master or mate on seagoing vessels of 200 GRT or more.
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