Proposed Rule2025-22011
Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the Coast Guard
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 5, 2025
Effective
December 27, 2013
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is withdrawing the proposed rule entitled "Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations Issued by the Coast Guard," published in the Federal Register on December 27, 2013. The Coast Guard is withdrawing the proposed rule because our practice of discussing the preemptive effect of the Coast Guard's legal authorities and regulations in the preamble of our rulemaking documents is sufficient to identify any preemptive effects.
Full Text
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<title>Federal Register, Volume 90 Issue 232 (Friday, December 5, 2025)</title>
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[Federal Register Volume 90, Number 232 (Friday, December 5, 2025)]
[Proposed Rules]
[Page 56076]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22011]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 1
[Docket No. USCG-2008-1259]
RIN 1625-AB32
Assessment Framework and Organizational Restatement Regarding
Preemption for Certain Regulations Issued by the Coast Guard
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking, withdrawal.
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SUMMARY: The Coast Guard is withdrawing the proposed rule entitled
``Assessment Framework and Organizational Restatement Regarding
Preemption for Certain Regulations Issued by the Coast Guard,''
published in the Federal Register on December 27, 2013. The Coast Guard
is withdrawing the proposed rule because our practice of discussing the
preemptive effect of the Coast Guard's legal authorities and
regulations in the preamble of our rulemaking documents is sufficient
to identify any preemptive effects.
DATES: The notice of proposed rulemaking published on December 27, 2013
(78 FR 79242) and comment period extension published on March 28, 2014
(79 FR 17482) are withdrawn as of December 5, 2025.
ADDRESSES: The docket for this withdrawal is available at the Federal
eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. Please search for docket
number USCG-2008-1259.
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Stephen Hubchen, Coast Guard; telephone 202-372-1198,
email <a href="/cdn-cgi/l/email-protection#a2f1d6c7d2cac7cc8ce98cead7c0c1cac7cce2d7d1c1c58ccfcbce"><span class="__cf_email__" data-cfemail="32614657425a575c1c791c7a4750515a575c72474151551c5f5b5e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On December 27, 2013, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Assessment Framework and
Organizational Restatement Regarding Preemption for Certain Regulations
Issued by the Coast Guard,'' at 78 FR 79242 (hereafter ``the
Framework''). On March 28, 2014, the comment period on the NPRM was
reopened for an additional 60 days, at 79 FR 17482.
The Coast Guard received many comments on the NPRM that helped
inform this decision to withdraw the rulemaking. The comments are
available in the docket. Several commenters shared a concern that the
breadth of the Framework's assertions of field preemption made it
difficult to determine with certainty what the Framework's full impact
would be on state laws. In addition, some commenters requested that the
Coast Guard withdraw the proposed rule.
The Coast Guard also held two public meetings related to the NPRM,
as announced in the notice published at 79 FR 22071 on April 21, 2014.
Since 2014, the Coast Guard has not published any other actions related
to this rulemaking and has decided to withdraw the NPRM.
Withdrawal
The Coast Guard is withdrawing the proposed rule because our
practice of discussing the preemptive effect of the Coast Guard's legal
authorities and regulations in the preamble of our rulemaking documents
is sufficient to identify any preemptive effects. The Coast Guard has
determined that the implied and express preemptive effects of our
federal regulations, as established in statutory authorities and case
law, do not require a blanket, general restatement in the Code of
Federal Regulations of their preemptive effects.
The Coast Guard has taken, and will continue to take, a targeted
approach to clarify its authorities in the preamble of each rulemaking
document. The Coast Guard believes this approach is more aligned with
the principles identified in Executive Order 13132 on Federalism than
an organizational preemption statement that would be applied across
different Coast Guard authorities. Therefore, the proposed rulemaking
is not needed.
Upon publication of this notice, the Coast Guard will classify the
corresponding Unified Agenda as a completed action.
This notice is issued under authority of 5 U.S.C. 552(a) and is
consistent with the procedures set forth in 5 U.S.C. 533 of the
Administrative Procedure Act.
Dated: December 2, 2025.
Giovanna M. Cinelli,
Judge Advocate General and Chief Counsel, Acting, U.S. Coast Guard.
[FR Doc. 2025-22011 Filed 12-4-25; 8:45 am]
BILLING CODE 9110-04-P
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