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DHS/USCG | RIN: 1625-AB32 | Publication ID: Fall 2010 |
Title: Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the Coast Guard | |
Abstract: The proposed rule will operate in two ways. First, it will describe the Coast Guard's interpretation of the preemptive effect of certain current Coast Guard regulations. This analysis will apply to previously promulgated regulations even if a complete description of federalism implications was clearly articulated in the development of the regulation. Second, the rule will set forth criteria and a process that the Coast Guard will undertake in future regulatory projects for evaluating the preemptive impact of those regulations. This part of the analysis is prospective in nature and will lay out a roadmap for future regulatory projects regarding federalism and preemption principles. This rulemaking will support the Coast Guard's broad role and responsibility of further enhancing maritime stewardship by reinforcing a uniform maritime regulatory regime that is predictable and useful for maritime interests. | |
Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 33 CFR 1.06 | |
Legal Authority: 14 USC 2 14 USC 91 33 USC 1223 33 USC 1231 33 USC 1903(b) 46 USC 3203 46 USC 3306 46 USC 3703 46 USC 3717 46 USC 4302 46 USC 6101 DHS Delegation No 0170.1 |
Legal Deadline:
None |
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Statement of Need: In light of recent Federal court cases and the President's May 20, 2009, memorandum regarding preemption, the Coast Guard believes that a clear agency statement of the preemptive impact of our regulations, particularly those regulations issued prior to the promulgation of E.O. 13132, can be of great benefit to State and local governments, the public, and regulated entities. Therefore, the Coast Guard intends to issue a general statement of preemption policy, coupled with specific statements of policy regarding regulations issued under the authority of statutes with preemptive effect, including, among others, the Ports and Waterways Safety Act (PWSA) of 1972, as amended (33 U.S.C. 1221 et. seq.). The Coast Guard proposes to publish these policies in a new section 1.06 of title 33 of the Code of Federal Regulations, to allow for easy access by interested persons and parties. |
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Summary of the Legal Basis: The statutory authorities for the Coast Guard to prescribe, change, revise, or amend these regulations are provided under 14 U.S.C. 2 and 91; 33 U.S.C. 1223, 1231, and 1903(b); 46 U.S.C. 3203, 3306, 3703, 3717, 4302, and 6101; and Department of Homeland Security Delegation No. 0170.1. |
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Alternatives: The Coast Guard considered alternative mechanisms for restating the preemptive effect of regulations, including the use of a notice of policy. These methods would not provide the same level of transparency as codification in the Code of Federal Regulations, however, because they would not be as readily located by State and local government or other members of the public. They also would not satisfy the PresidentÂ’s May 20, 2009, memorandum regarding preemption, which directs agencies to include preemption provisions in the codified regulation. |
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Anticipated Costs and Benefits: We expect no additional cost impacts to the industry from this proposed rule, because it only restates and clarifies the status of Federal and State law as it exists. |
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Risks: Not applicable to this rulemaking. |
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Timetable:
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Additional Information: The docket number for this rulemaking is USCG-2008-1259. The docket can be found at www.regulations.gov. | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Information URL: http://www.regulations.gov | Public Comment URL: http://www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: LCDR Stephen DaPonte Program Manager Department of Homeland Security U.S. Coast Guard Commandant (CG-0941), 2100 Second Street SW., STOP 7121, Washington, DC 20593-7121 Phone:202 372-3865 Email: stephen.daponte@uscg.mil |