[Federal Register Volume 60, Number 114 (Wednesday, June 14, 1995)]
[Proposed Rules]
[Pages 31267-31269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14554]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 1
[CGD 94-105]
RIN 2115-AE99
Coast Guard Rulemaking Procedures
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to revise the regulations
describing its rulemaking procedures to provide for a ``direct final
rule'' process for use with noncontroversial rules. Under the direct
final rule procedure, a rule would become effective 60 days after
publication in the Federal Register unless the Coast Guard receives
written adverse comment within thirty days. This new procedure should
expedite the promulgation of routine, noncontroversial rules by
reducing the time necessary to develop, review, clear, and publish
separate proposed and final rules.
DATES: Comments must be received on or before July 14, 1995.
ADDRESSES: Comments may be mailed to the Executive Secretary, Marine
Safety Council (G-LRA/3406) (CGD 94-105), 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:
LT R. Goldberg, Staff Attorney, Regulations and Administrative Law
Division, Office of Chief Counsel, U.S. Coast Guard Headquarters, (202)
267-6004.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking (CGD 94-105) and the specific section of this
proposal to which each comment applies, and give the reason for each
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.
The Coast Guard will consider all comments received during the
comment period. It may change this proposal in view of the comments.
This rulemaking informs the public of the Coast Guard's intention
to use direct final rulemaking in appropriate cases. Since this
rulemaking would not impose any substantive requirements on the public,
a comment period of 30 days is considered sufficient. The Coast Guard
plans no public hearing. Persons may request a public hearing by
writing to the Marine Safety Council at the address under ADDRESSES.
The request should include the reasons why a hearing would be
beneficial. If it determines that the opportunity for oral
presentations will aid this rulemaking, the Coast Guard will hold a
public hearing at a time and place announced by a later notice in the
Federal Register.
Drafting Information: The principal persons involved in drafting
this document are LT R. Goldberg, Project Manager, Office of Chief
Counsel, and CDR T. Cahill, Project Counsel, Office of Chief
Counsel.
Discussion of Proposed Rules
The Coast Guard is proposing to establish a new direct final
rulemaking procedure for noncontroversial rules. This process is
consistent with the goals of the National Performance Review, a recent
Presidential initiative to reorganize and streamline the Federal
government. The process is also consistent with recommendations of the
Administrative Conference of the United States and meets the
requirements for providing an opportunity for public notice and comment
under the Administrative Procedure Act (APA) (5 U.S.C. 553).
Under this procedure, the Coast Guard would publish direct final
rules in the final rule section of the Federal Register. The preamble
to a direct final rule would indicate that no adverse
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comment is anticipated and that the rule would become effective not
less than 60 days after publication unless written adverse comment or
written intent to submit adverse comment is received within a specified
time, usually not less than 30 days. This procedure would ensure that,
as required by the APA, the public will be given notice of Coast Guard
rulemaking actions and will have an opportunity to participate in the
rulemaking by submitting comments.
If no written adverse comment or written notice of intent to submit
an adverse comment is received in response to the publication of a
direct final rule, the Coast Guard would then publish a notice in the
Federal Register stating that no adverse comment was received and
confirming that the rule will become effective as scheduled. However,
if the Coast Guard receives any written adverse comment or any written
notice of intent to submit an adverse comment, then the Coast Guard
would publish a notice in the final rule section of the Federal
Register to announce withdrawal of the direct final rule. If adverse
comments clearly apply to only part of a rule, and that part is
severable from the remaining portions, as for example, a rule that
deletes several unrelated regulations, the Coast Guard may adopt as
final those parts of the rule on which no adverse comments were
received. The part of the rule that was the subject of adverse comment
would be withdrawn. If the Coast Guard decides to proceed with a
rulemaking following receipt of adverse comments, a separate Notice of
Proposed Rulemaking (NPRM) would be published, unless an exception to
the APA requirement for notice and comment applies.
A comment would be considered ``adverse'' if it objects to the rule
as written. A comment submitted in support of a rule would obviously
not be considered adverse. Additionally, a comment suggesting that the
policy or requirements of the rule should or should not be extended to
other Coast Guard programs outside the scope of the rule would not be
considered as adverse.
Rules for which the Coast Guard believes that the direct final
rulemaking procedures may be appropriate include, but are not limited
to, noncontroversial rules that (1) affect internal procedures of the
Coast Guard, (2) are nonsubstantive clarifications or corrections to
existing rules, (3) govern the internal organization of the Coast
Guard, such as spheres of responsibilities, organizational structure,
lines of authority and delegation of powers and duties, (6) make
changes to the rules implementing the Privacy Act, (7) adopt technical
standards set by outside organizations, (8) are statements of Coast
Guard policy, (9) waive navigation and vessel inspection laws and
regulations, (10) implement Bridge to Bridge Radiotelephone
regulations, (11) govern the regulations of aids to navigation, (12)
set out international or inland navigation rules, (13) govern
individual regattas and marine parades, (14) regulate or describe
anchorage areas, (15) regulate or prescribe shipping safety fairways,
(16) regulate or describe offshore traffic separation schemes, (17)
delete unnecessary and obsolete regulations, (18) set boundary lines of
Coast Guard authority, (19) regulate the compatibility of cargoes, and
(20) describe or regulate safety or security zones.
Regulatory Evaluation
This proposal 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
proposal to be so minimal that a full Regulatory Evaluation under
paragraph 10e of the regulatory policies and procedure of DOT is
unnecessary. The proposed change in procedure will not impose any costs
on the public. In cases where the rule would result in cost savings,
the cost savings would occur sooner with the use of direct final rule
procedure.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this proposal, if adopted, will have
a significant economic impact on a substantial number of small
entities. ``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. The Coast Guard has evaluated
this proposal under the Regulatory Flexibility Act. If adopted, this
proposal will not have substantive impact on the public. Therefore, the
Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if
adopted, will not have a significant economic impact on a substantial
number of small entities.
Collection of Information
This proposal 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 proposal under the principles and
criteria contained in Executive Order 12612 and has determined that
this proposal does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under paragraph 2.B.2 of Commandant
Instruction M16475.1B (as revised by 59 FR 38654, July 29, 1994), this
proposal is categorically excluded from further environmental
documentation as a regulation of a procedural nature. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 1
Administrative practice and procedures, Authority delegations
(Government agencies), Coast Guard, Freedom of Information, Penalties.
For the reasons set out in the preamble, the Coast Guard proposes
to amend Subpart 1.05 of Part 1 of Title 33, Code of Federal
Regulations follows:
PART 1--GENERAL REVISIONS
Subpart 1.05--[Amended]
1. The authority citation for Subpart 1.05 is revised to read as
follows:
Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and
633; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; 49 CFR 1.4(b), 1.45(b),
and 1.46.
2. Section 1.05-35 is added to read as follows:
Sec. 1.05-35 Direct final rule.
(a) A direct final rule may be issued to allow speedier
finalization of noncontroversial rules that are unlikely to result in
adverse public comment.
(b) A direct final rule will be published in the Federal Register
with an effective date that is generally at least 60 days after the
date of publication.
(c) The public will usually be given at least 30 days from the date
of publication in which to submit adverse comments or a notice of
intent to submit
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adverse comments. A comment is considered adverse if it objects to
adoption of the rule as written.
(d) If not adverse comments or notice of intent to submit adverse
comments are received within the specified period, the Coast Guard will
publish a notice in the Federal Register to confirm that the rule will
go into effect as scheduled.
(e) 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 final rule section of the Federal Register to
announce withdrawal of the direct final rule. If adverse comments
clearly apply to only part of a rule, and it is possible to remove that
part without affecting the remaining portions, the Coast Guard may
adopt as final those parts of the rule on which no adverse comments
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 unless an exception to the
Administrative Procedure Act requirements for notice and comment
applies.
Dated: June 2, 1995.
J.E. Shkor,
Rear Admiral, U.S. Coast Guard, Chief Counsel.
[FR Doc. 95-14554 Filed 6-13-95; 8:45 am]
BILLING CODE 4910-14-M
