[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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