[Federal Register Volume 61, Number 1 (Tuesday, January 2, 1996)]
[Rules and Regulations]
[Pages 8-9]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31522]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Subchapter D and Part 81
[CGD 95-053]
RIN 2115-AF16
Removal of 72 COLREGS Text From CFR and Revision of Subchapter D
Note
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: In furtherance of the President's Regulatory Reinvention
Initiative by this direct final rule, the Coast Guard is removing the
text of the International Regulations for Preventing Collisions at Sea,
1972 (72 COLREGS) from the CFR. That text merely duplicates text found
in the United States Code. This rule also will update the note
containing a list of U.S. territories and possessions where the 72
COLREGS apply. This rulemaking represents the Coast Guard's first use
of direct final rulemaking as recommended to agencies by the National
Performance Review.
DATES: This rule is effective on April 1, 1996, unless the Coast Guard
receives written adverse comments or written notice of intent to submit
adverse comments on or before March 4, 1996.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 95-053), U.S. Coast Guard
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may
be delivered to room 3406 at the same address between 8 a.m. and 3
p.m., Monday through Friday, except Federal holidays. The telephone
number is (202) 267-1477.
The Executive Secretary maintains the public docket for this
rulemaking. Comments will become part of this docket and will be
available for inspection or copying at room 3406, U.S. Coast Guard
Headquarters, between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Diane Schneider Appleby, Project Manager, at (202) 267-0352.
SUPPLEMENTARY INFORMATION:
Request for Comments
Any comments must identify the names and address of the person
submitting the comment, specify the rulemaking docket (CGD 95-053) and
the specific section of this rule to which each comment applies, and
give the reason for each specific comment. Please submit two copies of
all comments and attachments in an unbound format, no larger than 8\1/
2\ by 11 inches, suitable for copying and electronic filing. Persons
wanting acknowledgment of receipt of comments should enclose stamped,
self-addressed postcards or envelopes.
Regulatory Information
The Coast Guard is publishing a direct final rule, the procedures
of which are outlined in 33 CFR 1.05-55, because no adverse comments
are anticipated. If no adverse comments or any written notice of intent
to submit adverse comments are received within the specified comment
period, the rule will become effective as stated in the DATES section.
In that case, prior to the effective date, the Coast Guard will publish
a notice in the Federal Register stating that no adverse comment was
received and confirming that the rule will become
[[Page 9]]
effective as scheduled. However, if the Coast Guard receives written
adverse comment or written notice of intent to submit adverse comment,
the Coast Guard will publish a notice in the Federal Register to
announce withdrawal of all or part of the direct final rule. If adverse
comments apply to only part of this rule, and it is possible to remove
that part without defeating the purpose of the rule, the Coast Guard
may adopt as final those parts of this rule on which no adverse comment
were received. The part of the rule that is the subject of adverse
comment will be withdrawn. If the Coast Guard decides to proceed with a
rulemaking following receipt of adverse comments, a separate Notice of
Proposed Rulemaking (NPRM) will be published and a new opportunity for
comment provided.
A comment is considered ``adverse'' if the comment explains why the
rule would be inappropriate, including a challenge to the rule's
underlying premise or approach or would be ineffective or unacceptable
without a change. A comment submitted in support of a rule is not
adverse. A comment suggesting that the policy requirements of the rule
should or should not be extended to other Coast Guard programs is
outside the scope of the rule and is not adverse.
Background and Purpose
This project resulted from a review of the Code of Federal
Regulations (CFR) required by the Presidential Regulatory Reinvention
Initiative review to rid the CFR of unnecessary regulations. This rule
will remove Appendix A or Part 81 of 33 CFR which reprints the text of
the International Regulations for Preventing Collisions at Sea, 1972
(72 COLREGS) published at 33 U.S.C. Sec. 1602. The 72 COLREGS implement
the Convention on the International Regulations for Preventing
Collisions at Sea, 1972 which was adopted by Presidential Proclamation
in 1972. The text in the CFR which will be eliminated by this rule
exactly duplicates the text set out in the United States Code.
Therefore, the Coast Guard believes that it is both unnecessary for the
text to be reprinted in the Code of Federal Regulations. Additionally,
the practical effect of this elimination should be minimal as the text
of the 72 COLREGS is also reprinted in Commandant Instruction
(COMDTINST M16672.2B) which is available to the public through the
Government Printing Office. Since these laws are available in the
United States Code (U.S.C.) and can be acquired through the Government
Printing Office, the Coast Guard has determined that Appendix A should
be eliminated as unnecessary.
Additionally, the list of U.S. territories where the 72 COLREGS
apply, contained in the special note to Subchapter D in 33 CFR, is
being updated to remove the Trust Territory of the Pacific Islands.
This is an administrative update being made because the Trust Territory
of the Pacific Islands is no longer a U.S. territory.
The Coast Guard is retaining in 33 CFR the interpretative rulings
regarding the 72 COLREGS as well as the demarcation lines delineating
the boundaries where the 72 COLREGS apply.
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. It
has not been reviewed by the Office of Management and Budget 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). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
The Coast Guard determined that a full Regulatory Evaluation was
unnecessary because this rule is simply an administrative action
eliminating unnecessary text from the CFR and will have no significant
impact on the maritime community.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider the economic impact on small entities of a
rule for which a general notice of proposed rulemaking is required.
``Small entities'' may include (1) small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and (2) governmental jurisdictions with
populations of less than 50,000.
This project will not impose any cost on the marine industry.
Mariners have easy access to these laws through Coast Guard
publications which are available from the Government Printing Office as
well as through the United States Code. This change will serve an
indirect benefit to the Federal Government by saving the cost of
printing seventeen pages in the Code of Federal Regulations.
Therefore, the Coast Guard finds that this rule will not have a
significant economic impact on a substantial number of small entities.
Any comments submitted in response to this finding will be evaluated
under the criteria described earlier in the preamble for comments.
Collection of Information
This rule contains no collection-of-information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this rule under the principles and
criteria contained in Executive Order 12612 and has determined that
this rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this rule
and concluded that, under paragraph 2.B.2.e(34)(a) of The NEPA
Implementing Procedures, COMDTINST M16475.1B. (as revised by 59 FR
38654, July 29, 1994), this rule is categorically excluded from further
environmental documentation. A ``Categorical Exclusion Determination''
is available in the docket for inspection or copying where indicated
under ADDRESSES.
List of Subjects in 33 CFR Part 81
Navigation (water), Reporting and recordkeeping requirements,
Treaties.
For the reasons set out in the preamble and under the authority of
33 U.S.C. 1602, the Coast Guard amends 33 CFR chapter 1 and part 81 as
follows:
Subchapter D [Amended]
1. The special note at the beginning of subchapter D is amended by
removing ``The Trust Territory of the Pacific Islands'' from the
listing in paragraph a.
PART 81--[AMENDED]
2. The authority for part 81 continues to read as follows:
Authority: 33 U.S.C. 1607; E.O. No. 11964; 44 CFR 1.46.
3. Appendix A to part 81 is removed.
Dated: December 22, 1995.
Rudy K. Peschel,
Rear Admiral, U.S. Coast Guard, Chief, Office of Navigation Safety and
Waterway Services.
[FR Doc. 95-31522 Filed 12-29-95; 8:45 am]
BILLING CODE 4910-14-M
