[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 

[[Page 31268]]
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 

[[Page 31269]]
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]
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