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Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 / Rules and Regulations federalism principles and preemption requirements as described in Executive Order 13132. Our analysis follows.
Congress directed the Coast Guard to establish rates and charges for pilotage services. See 46 U.S.C. 9303f. This regulation is issued pursuant to that statute and is preemptive of State law as specified in 46 U.S.C. 9306. Under 46
U.S.C. 9306, a State or political subdivision of a State may not regulate or impose any requirement on pilotage on the Great Lakes. As a result, States or local governments are expressly prohibited from regulating within this category. Therefore, 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 implications and preemptive effect, Executive Order 13132
specifically directs agencies to consult with State and local governments during the rulemaking process.
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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
G. Taking of Private Property This rule will 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.
H. Civil Justice Reform This 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 rule under Executive Order 13045 Protection of Children from Environmental Health Risks and Safety Risks. This rule is not
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an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children.
J. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175 Consultation and Coordination with Indian Tribal Governments, because it will 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 rule under Executive Order 13211 Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use and 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 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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
M. Environment We have analyzed this final rule under Department of Homeland Security Management Directive 02301, Rev. 1 DHS Directive 02301, 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 1969 42 U.S.C. 4321
4370f, and have made a determination that this action is one of a category of actions that do not individually or
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cumulatively have a significant effect on the human environment. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under the ADDRESSES portion of this preamble.
This final rule meets the criteria for categorical exclusion CATEX under paragraphs A3 and L54 of Appendix A, Table 1 of DHS Instruction Manual 023
00101, Rev. 1.72 Paragraph A3 pertains to the promulgation of rules, issuance of rulings or interpretations, and the development and publication of policies, orders, directives, notices, procedures, manuals, advisory circulars, and other guidance documents of the following nature: a Those of a strictly administrative or procedural nature; b those that implement, without substantive change, statutory or regulatory requirements; or c those that implement, without substantive change, procedures, manuals, and other guidance documents; and d those that interpret or amend an existing regulation without changing its environmental effect. Paragraph L54
pertains to regulations, which are editorial or procedural.
This rule involves adjusting the pilotage rates to account for changes in district operating expenses, an increase in the number of pilots, and anticipated inflation. Additionally, this rule makes one change to the ratemaking methodology to account for actual inflation and excludes certain legal fees incurred in litigation against the Coast Guard related to ratemaking and oversight requirements. All of these changes are consistent with the Coast Guards maritime safety missions. We did not receive any comments related to the environmental impact of this rule.
List of Subjects 46 CFR Part 401
Administrative practice and procedure, Great Lakes; Navigation water, Penalties, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 404
Great Lakes, Navigation water, Seamen.
For the reasons discussed in the preamble, the Coast Guard amends 46
CFR parts 401 and 404 as follows:
72 https www.dhs.gov/sites/default/files/
publications/DHS_Instruction%20Manual%2002301-001-01%20Rev%2001_
508%20Admin%20Rev.pdf.

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