[Federal Register Volume 64, Number 204 (Friday, October 22, 1999)]
[Rules and Regulations]
[Pages 56965-56966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27660]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 187
[CGD 89-050]
RIN 2115-AD35
Vessel Identification System
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard removes its Guidelines for State Vessel
Titling Systems. These guidelines, though in the Code of Federal
Regulations since 1995, were never made effective. We now plan to issue
a separate document proposing to substantially change them. Therefore,
it is not in the public interest to continue delaying their effective
date.
DATES: This rule is effective October 22, 1999.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket CGD 89-050 and are available for inspection or
copying at the office of the Executive Secretary, Marine Safety Council
(G-LRA/3406), U.S. Coast Guard Headquarters, 2100 Second Street SW.,
room 3406, Washington, DC 20593-0001, between 9:30 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays. The telephone number is
202-267-1477.
FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact
ENS Christopher Williammee, Office of Information Resources, Coast
Guard, telephone 202-267-6989, electronic mail
C[email protected].
SUPPLEMENTARY INFORMATION:
Regulatory Information
On April 25, 1995, we published an interim final rule in the
Federal Register (60 FR 20310) establishing a vessel identification
system and prescribing guidelines for State vessel titling systems. The
rule went into effect on April 24, 1996, with the exception of Subpart
D, Guidelines for State Vessel Titling Systems. On February 23, 1996,
we published an interim final rule (61 FR 6943) delaying the effective
date of Subpart D until April 23, 1998, to allow the Coast Guard,
States, and public more time to review the complexities of the
standards relating to State titling. On April 21, 1998, we published
another interim final rule (63 FR 19657), which delayed the effective
date of Subpart D until April 24, 1999. Then, on April 19, 1999, we
published a fourth interim final rule (64 FR 19039) once again delaying
the effective date of Subpart D until October 24, 1999.
These guidelines, though in the Code of Federal Regulations since
1995, were never made effective. We now plan to issue a separate
document in January 2000 proposing to substantially change them.
Because of this, under 5 U.S.C. 553(d)(3), the Coast Guard finds that
good cause exists for making this rule effective in less than 30 days
after publication in the Federal Register.
Discussion
We have delayed the effective date of Subpart D three times since
its original publication in an interim final rule in the Federal
Register (60 FR 20310) on April 25, 1995. From comments received from
April 25, 1995, through December 4, 1997, we have begun drafting a
Supplemental Notice of Proposed Rulemaking (SNPRM) to propose
substantial changes to 33 CFR part 187. Subpart D is undergoing
extensive revisions for the SNPRM, based on comments received from the
States, the marine lending industry, and maritime law interests. Since
we are currently revising Subpart D substantially and have no intention
of allowing it to become effective as written, we are removing and
reserving the subpart rather than continuing to delay its effective
date. Therefore, to prevent the current subpart from becoming effective
on October 24, 1999, this Final Rule removes and reserves Subpart D. We
will publish the SNPRM in November 1999 and will, at that time, invite
comments on all of the proposed changes to Subpart D.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed it under that Order.
It is not ``significant'' under the regulatory policies and procedures
of the Department of Transportation (DOT) (44 FR 11040, February 26,
1979).
[[Page 56966]]
We expect the economic impact of this rule (with or without
Guidelines for State Vessel Titling Systems) to be so minimal that a
full Regulatory Evaluation under paragraph 10e of the regulatory
policies and procedures of DOT is unnecessary. With or without the
Guidelines, the expected cost is considerably less than $100 million.
Therefore, the rule is not significant and does not require a full
Regulatory Evaluation.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
This rulemaking affects U.S. States. It imposes zero mandatory
costs. According to the U.S. Bureau of the Census, none of the States
eligible to participate in VIS has a population less than 50,000.
Therefore, we conclude there are no small entities affected and no
impact upon small entities.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this final rule will not have a significant economic impact on a
substantial number of small entities.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
We have analyzed this rule under E.O. 12612 and have determined
that this rule does not have sufficient implications for federalism to
warrant the preparation of a Federalism Assessment.
Unfunded Mandates Reform Act and Enhancing the Intergovernmental
Partnership
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and
E.O. 12875, Enhancing the Intergovernmental Partnership, (58 FR 58093,
October 28, 1993) govern the issuance of Federal regulations that
require unfunded mandates. An unfunded mandate is a regulation that
requires a State, local, or tribal government or the private sector to
incur direct costs without the Federal Government's having first
provided the funds to pay those costs. This rule will not impose an
unfunded mandate.
Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not an
economically significant rule and does not concern an environmental
risk to health or risk to safety that may disproportionately affect
children.
Environment
We considered the environmental impact of this rule and concluded
that, under figure 2-1, paragraph (34), of Commandant Instruction
M16475.1C, this rule is categorically excluded from further
environmental documentation. This rule removes delayed guidelines for
State vessel titling systems. This action clearly would have no
environmental consequences. A ``Categorical Exclusion Determination''
is available in the docket where indicated under ADDRESSES.
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 amends
33 CFR part 187 as follows:
PART 187--VESSEL IDENTIFICATION SYSTEM
1. The authority citation for part 187 continues to read as
follows:
Authority: 46 U.S.C. 2103; 49 CFR 1.46.
Secs. 187.301--187.331 Subpart D--[Removed and Reserved]
2. Remove and reserve subpart D, consisting of Sec. 187.301 through
Sec. 187.331.
Dated: October 18, 1999.
Jeffrey P. High,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 99-27660 Filed 10-21-99; 8:45 am]
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