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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Proposed Rules Costs to the Regulated PublicStates in UCOTAV Adoption Proposed Subpart D Compliance We base our cost estimates on all 56
States choosing to adopt UCOTAV. As of January 16, 2020, five States have adopted UCOTAV, and five States are developing legislation to become UCOTAV-compliant.28 Many of the remaining States have reported that they are waiting for the Coast Guard to promulgate a rule on UCOTAV before going through the legislative process. In addition, States often wait for their neighboring States to adopt legislation that potentially has effects across State borders. Insurers and manufacturers have lobbied for the changes. For these reasons, the Coast Guard estimates that all 56 States would adopt UCOTAV.
Currently, 47 States have not adopted UCOTAV nor initiated legislation to adopt UCOTAV. The cost analysis of UCOTAV adoption focuses solely on these 47 States. In order to comply with the proposed rule, States would need to develop legislation and amend their computer systems to comport with UCOTAV. As noted earlier, all States would post information on their website about this rulemaking; that task appears in a preceding section of this analysis.
In order to develop UCOTAV
legislation,29 a State would require the labor of an attorney 30 to draft the legislation 31 for a State legislative committee to begin the legislative process. The Uniform Law Commission has developed legislative text for UCOTAV which each State may use to develop its respective State law. For this reason, the labor for each State is relatively low. We estimate that an attorney would spend approximately 24
hours 32 to draft the legislative language.
28 Email from Uniform Law Commission to William Burgess, Compliance Officer, Coast Guard January 16, 2020 available in the docket where indicated under the Public Participation and Request for Comments portion of this NPRM.
29 For all uniform acts, the States legislative drafting office mainly formats the bill to conform to the States required format and fill in bracketed areas of the text. The Uniform Law Commission ULC https www.uniformlaws.org/home also includes italicized legislative notes when they format the bill for the particular State. This allows the time to draft the bill to be relatively shorter than with other regulations.
30 Each State has its own legislative drafting agency responsible for drafting legislation. The bill drafters are attorneys who draft bills for all the state legislators.
31 As this is part of the States normal legislative process, we do not anticipate any additional fees beyond the normal process for these bills.
32 This estimate comports with previous estimated durations of making legislative changes at the State level. In the final rule for Personal Flotation Devices Labeling and Standards 79 FR
56491, USCG20130263, RIN 1625AC02, Coast Guard estimated that a change by legislative would
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Given that State laws 33 are often voted in blocks, the labor to put UCOTAV
legislation forward and to vote on it is considered to be unseverable and, for that reason, we have not estimated a further cost on developing legislation.
States adopting UCOTAV would need to update their procedures and websites to reflect the resulting changes.
We estimate that 5 hours would be spent by a State manager to review and edit State procedures, manuals, policy documents and other information Cost = 47 States 5 hours State managers wage rate.34
The remaining UCOTAV compliance costs items would be: 1 Labor for a manager to coordinate with the Coast Guard to ensure the States program meets UCOTAV certification requirements Cost = 47 States 0.5
hour State managers wage rate; 2
labor for an administrative assistant and a manager to assist with the conversion or update to a subpart D-compliant system Cost = 47 States 0.25 hour administrative assistants wage rate +
0.75 hour State managers wage rate; 3 labor for a manager to oversee conversion to a subpart D-compliant system Cost = 47 States 0.25 hour
State managers wage rate; and 4 labor for a software developer to convert the system to a subpart D compliant system Cost = 47 States 12.6 hours
computer technicians wage rate.
These tasks and their calculations are shown in table 6.35
take 10 hours. No public comments were received on this estimate. Please see https www.federal register.gov/documents/2014/09/22/2014-22373/
personal-flotation-devices-labeling-and-standards.
The Coast Guard adjusted this estimate to reflect the more complex nature of this change.
33 Some States may delegate the approval process of such changes to an administrative law committee rather than vote on it in the legislature. The process to develop the law and to put it forward for voting would be the same.
34 This estimate comports with previous estimated durations of reviewing and editing manuals and policy documents. The Coast Guard reviewed previously approved OMB collections for the final rule for Marine Vapor Control Systems RIN 1625AB37, USCG19995150, 80 FR 7539, the proposed rule for Revision of Crane Regulation Standards RIN 1625AB78, USCG20110992, 78
FR 27913 and the final rule for Personal Flotation Devices Labeling and Standards 79 FR 56491, USCG20130263, RIN 1625AC02, 78 FR 27913.
Previously approved collections of information may be found at Information Collection Review reginfo.gov. No public comments were received on these estimates. The Coast Guard adjusted its estimate to reflect changes in complexity of the task.
35 According to BSX, most States use an off the shelf system, so changes are easy and menu driven. Some States have older systems which would take more time to adjust, but the older systems are the exception, not the rule. The Coast Guard estimates the average number of hours of labor for a computer technician by using the average time spent on design and coding from a
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For the 7 States that do not have an existing titling program, the labor tasks for amending States computers to comport with UCOTAV would be greater. We estimate that 24 hours would be spent by a computer technician in these States to amend the States computers to comport with UCOTAV, and that a manager would spend another 0.5 hour to review and approve the work. The Coast Guard requests comments from States on their assessment of tasks and costs that would result from the proposed rule.
BSX routinely contacts States regarding their vessel titling systems.
There are currently 45 States titling vessels and 1 State that makes titling optional.36 Provided that these States become compliant with the recent regulatory changes in the Standard Numbering System, Boating Accident Report Database, and VIS 33 CFR parts 173, 174, 181, and 187 by the required date, any changes made to the current titling systems should be minimal.
Coast Guard personnel attended the National Association of State Boating Law Administrators Workshop held in Lexington, KY from 23 to 28 February 2020. Approximately 40 boating administrators from the States were in attendance, and 4 stated they were contemplating adopting UCOTAV. The four states are Wisconsin, Minnesota, Alaska, and South Carolina. None of these 4 states have conducted a complete cost analysis, but the initial projected cost ranged from minimal to about $8,000.
The primary changes required would include the ability to mark a title as branded, and to add any numbered vessels that are not currently required to be titled. For example, Virginia adopted UCOTAV and reprogrammed their system to accept the branded designation. According to the State of Virginias Boating Law Administrator
University of South Carolina study on software developers. Readers can find the study at: https
cse.sc.edu/job/how-software-developers-reallyspend-their-time. The study uses the average number of hours per week software developers spend designing and coding software. The Coast Guard considers this to be a reasonable rough proxy for the purpose of this analysis.
36 Email from NASBLA Vessel Registration, Identification, and Titling Committee VIRT to William Burgess, Compliance Officer, Coast Guard, February 10, 2010. Available in the docket where indicated under the Public Participation and Request for Comments portion of the preamble.

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