99-16358. Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast Guard

[Federal Register Volume 64, Number 123 (Monday, June 28, 1999)]
[Unknown Section]
[Pages 34540-34541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16358]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 20

46 CFR Part 5

[USCG-1998-3472]
RIN 2115-AF59


Rules of Practice, Procedure, and Evidence for Administrative 
Proceedings of the Coast Guard

AGENCY: Coast Guard, DOT.

ACTION: Correction to interim rule.

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SUMMARY: This document corrects the interim rule (USCG-1998-3472) as 
published on May 24, 1999. The rule revises the rules for Practice, 
Procedure, and Evidence for Administrative Proceedings.

EFFECTIVE DATE: This correction is effective June 28, 1999.

ADDRESSES: Documents as indicated in this preamble are available for 
inspection or copying at the Docket Management Facility (USCG-1998-
3472), U.S. Department of Transportation, room PL-401, 400 Seventh 
Street SW., Washington, DC 20590-0001. They are also available over the 
Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, call 
George J. Jordan, Attorney-Advisor, Office of the Chief Administrative 
Law Judge, telephone [phone]. For questions on viewing, or 
submitting material to the docket, call Dorothy Walker, Chief, Dockets, 
Department of Transportation, telephone [phone].

SUPPLEMENTARY INFORMATION: 

Background

    This rulemaking was necessary as part of a Coast Guard effort to 
improve both (1) the administrative efficiency of Coast Guard 
adjudicative procedures in general and (2) proceedings against merchant 
mariners' credentials in particular. It follows an overall Coast Guard 
initiative to streamline its resources, yet maintain effectiveness in 
all affected areas.
    The Coast Guard maintains two separate sets of procedural rules 
that govern administrative adjudication. 46 CFR part 5 contains the 
rules for Suspension and Revocation (S&R). These rules have their basis 
in criminal procedure. 33 CFR part 20 contains the rules for class II 
civil penalties. These rules have their basis in the Model Rules of 
Administrative Procedure and in other modern rules for civil 
procedures. Both sets of rules, however, contain outdated and 
inefficient procedures, many of which are not effective in the 
adjudication of Coast Guard actions.
    This rulemaking consolidates both sets of rules in 33 CFR part 20. 
It removes those procedures that impede the efficient handling of 
cases. In addition, it revises those rules that are not consistent with 
relevant legal standards and practices.

Need for Correction

    As published, the interim rule contained both a table that may 
prove to be misleading and a misnumbering. In the table, the acceptable 
methods of service did not correspond unambiguously to the types of 
filed documents. The misnumbering employed a roman numeral instead of 
an Arabic one.

Correction of Publication

    Accordingly, correct the interim rule as published on May 24, 1999 
(USCG-1998-3472), which is the subject of FR Doc. 99-12750, to read as 
follows:


Sec. 20.304  [Corrected]

    1. On pages 28064 and 28065, correct TABLE 20.304(D) to read as 
follows:
* * * * *

             Table 20.304 (D).--How To Serve Filed Documents
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         Type of filed document           Acceptable methods of service
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(1) Complaint..........................  (i) Certified mail, return
                                          receipt requested.

[[Page 34541]]

 
(2) Default Motion.....................  (ii) Personal delivery.
                                         (iii) Express-courier service
                                          that has receipt capability.
(3) Answer.............................  (i) Mail.
                                         (ii) Personal delivery.
                                         (iii) Express-courier service.
                                         (iv) Fax.
(4) Any other filed document...........  (i) Mail.
                                         (ii) Personal delivery.
                                         (iii) Express-courier service.
                                         (iv) Fax.
                                         (v) Other electronic means (at
                                          the discretion of the ALJ).
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Sec. 20.304  [Corrected]

    2. On page 28065, correct paragraph ``(e)(i)'' to read ``(e)(1)''.
* * * * *
    Dated: June 22, 1999.
J E Shkor,
Chief Counsel.
[FR Doc. 99-16358 Filed 6-25-99; 8:45 am]
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