Je veux savoir à propos de…

52808

Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules
The purpose of this rulemaking is to revise Coast Guard requirements for State participation in the Coast Guardmaintained VIS and guidelines for State vessel titling systems. The Coast Guard is mandated to establish and maintain the VIS, but State participation in the VIS is voluntary. Nothing in this proposed rule would require States to participate in the VIS. However, once electing to participate in the VIS, a State must comply with the VIS requirements to ensure integrity and uniformity of information. Likewise, requesting certification that a State vessel titling system complies with the guidelines is also voluntary, but such a system must comply with subpart D for voluntary certification. This proposed rule would not require States to request certification, change their existing titling systems, or otherwise preempt related State regulations. Therefore, the proposed rule is consistent with the principles of federalism and preemption requirements 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 has implications for federalism under Executive Order 13132, please contact the person listed in the FOR
FURTHER INFORMATION section of this preamble.
F. Unfunded Mandates Reform Act 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 $100,000,000 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
VerDate Sep<11>2014

19:08 Sep 21, 2021

Jkt 253001

Constitutionally Protected Property Rights.

not consider the use of voluntary consensus standards.

H. Civil Justice Reform This proposed rule meets applicable standards in sections 3a and 3b 2 of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

M. Environment
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 is not likely to have a significant adverse effect on the supply, distribution, or use of energy.
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
PO 00000

Frm 00018

Fmt 4701

Sfmt 4702

We have analyzed this proposed rule under Department of Homeland Security Management Directive 02301, 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 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 L54 and L57 of Appendix A, Table 1 of DHS Instruction Manual 02301001
01, Rev. 01. Paragraph L54 pertains to regulations which are editorial or procedural and L57 pertains to regulations concerning documentation of vessels. This proposed rule involves changes to regulations for certifying a States titling system for undocumented vessels. 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 33 CFR Part 187
Administrative practice and procedure, Marine safety, Reporting and recordkeeping requirements.
For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 187 as follows:
PART 187VESSEL IDENTIFICATION
SYSTEM
1. Revise the authority citation for part 187 to read as follows:

Authority: 46 U.S.C. 2103, 12501, 31322;
Department of Homeland Security Delegation No. 0170.192.

2. Revise 187.7 to read as follows:

187.7

Definitions.

As used in this part Approved numbering system means a numbering system approved by the Secretary of Homeland Security under 46 U.S.C. Chapter 123.
Barge means a vessel that is not selfpropelled or fitted for propulsion by sail, paddle, oar, or similar device.

E:FRFM22SEP2.SGM

22SEP2