[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Pages 34147-34151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16146]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 1, 23, and 177

[CGD 95-057]
RIN 2115-AF20


Clarification of Coast Guard Rulemaking Procedures

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising the regulations describing its 
rulemaking procedures to accurately reflect the rulemaking procedures 
currently in use. This revision clarifies delegations of authority and 
removes references to hearing officers, which the Coast Guard no longer 
uses in its regulatory process. It also clarifies who is designated to 
receive service of process and requests to testify on behalf of members 
and employees of the Coast Guard.

DATES: This rule is effective on June 30, 1995.

ADDRESSES: Unless otherwise indicated, documents referred to in this 
preamble are available for inspection or copying at the office of the 
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast 
Guard Headquarters, 2100 Second Street SW., room 3406, Washington D.C. 
20593-0001 between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays. The telephone number is (202) 267-1477.

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: 

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.

Background and Purpose

    The Coast Guard recently completed an extensive review of its 
regulatory process. That review, which included a public meeting on 
September 20, 1993, resulted in a number of changes. Among these 
changes is greater Coast Guard emphasis on providing increased 
opportunities for public involvement in rulemaking and a greater 
emphasis on internal Coast Guard accountability. These changes are 
reflected in a new Coast Guard Headquarters Instruction which was 
recently signed by the Chief Counsel.
    The provisions of 33 CFR subpart 1.05, describing the Coast Guard's 
rulemaking procedures, have not been revised since 1976 and do not 
reflect current Coast Guard rulemaking practices and procedures. For 
example, the current Sec. 1.05-15 provides that public hearings are 
conducted by a ``hearing officer or panel of officers''. This procedure 
is no longer used. This type of outmoded provision in Subpart 1.05 may 
mislead the public.
    The subpart is reorganized and revised to provide guidance to the 
public regarding a variety of Coast Guard procedures including 
delegations of rulemaking authority by office, submissions of petitions 
for rulemaking, and internal rulemaking procedures. Additionally, as 
part of the revision and reorganization, provisions that are currently 
in subpart 1.05 but properly belong in other areas, are moved.
    Subpart 1.05 is being revised to more accurately reflect and 
provide better guidance to the public on current Coast Guard rulemaking 
procedures. As part of this revision, all references to hearing 
officers are deleted as the Coast Guard no longer follows this 
procedure for rulemaking. Section 1.05-1 is amended to clarify 
rulemaking delegations to Coast Guard District Commanders, office 
chiefs at Coast Guard Headquarters, and Captains of the Port. The 
changes also clarify that, in addition to the authorities previously 
listed in Sec. 1.05-1, both the Chief, Office of Navigation Safety and 
Waterway Services, and the Chief, Office of Marine Safety, Security, 
and Environmental Protection may make certifications under section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 605) for the rules 
that they issue. References to the delegations of authority given to 
office chiefs, Coast Guard Headquarters, the delegation to District 
Commanders to establish special local regulations, and the delegation 
to District Commanders and Captains of the Port to establish safety and 
security zones, have been added.
    Delegations that do not involve rulemaking authority are moved to 
more appropriate parts of the Code of Federal Regulations. The 
reference to the delegation of authority to the Chief, Office of 
Navigation Safety and Waterway Services to grant exemptions from the 
provisions of the Vessel Bridge-to-Bridge Radiotelephone Act, 
previously in Sec. 1.05-1(c)(1), is moved to 33 CFR part 26, Vessel 
Bridge-to-Bridge Radiotelephone Regulations. The reference to the 
delegation of authority to each Coast Guard District 

[[Page 34148]]
Commander to issue orders that a specific boat is unsafe for a specific 
voyage and the provisions which must be contained within these orders 
is moved from Sec. 1.05-1(d)-(f) to 33 CFR part 177, Correction of 
Especially Hazardous Conditions. In both moves, no substantive changes 
are made.
    A number of new sections clarify the procedures for public 
involvement in the Coast Guard's rulemaking procedures. Section 1.05-5 
is added to clarify the role of the Coast Guard's Marine Safety Council 
in the rulemaking process. A new Sec. 1.05-10 provides an overview of 
the Coast Guard's regulatory process, and a new Sec. 1.05-15 outlines 
the Coast Guard's policy on public participation in the rulemaking 
process. A new section, Sec. 1.05-20, is added to outline the 
procedures for the public to petition the Coast Guard to initiate a 
rulemaking. New sections also clarify the Coast Guard's policies on the 
maintenance of a public docket (Sec. 1.05-25), the publication of 
supplemental notices of proposed rulemaking (Sec. 1.05-40), the 
publication of interim rules (Sec. 1.05-45), and the option to 
formulate rules through the use of negotiated rulemaking (Sec. 1.05-
60).
    In addition, the Coast Guard is clarifying 33 CFR subpart 1.20, 
``Testimony by Coast Guard Personnel and Production of Records in Legal 
Proceedings,'' to identify who is designated by the Chief Counsel of 
the Coast Guard to receive service of process and requests to testify 
on behalf of members and employees of the Coast Guard. The changes in 
designated officials are necessary to provide a clear definition of who 
is deemed ``agency counsel'' under the Department of Transportation's 
recently amended rules found at 49 CFR part 9, ``Testimony of Employees 
of the Department and Production of Records in Legal Proceedings''. The 
Coast Guard is issuing these amendments due to recent changes in Coast 
Guard organization and recent modifications to the procedures for the 
testimony of employees of the Department of Transportation and 
production of records in legal proceedings.

Regulatory Information

    This rule is being published as a final rule without a prior notice 
of proposed rulemaking. This rulemaking merely clarifies and updates 
the Coast Guard's internal rulemaking procedures and delegations of 
authority and will not impose any substantive requirements on the 
public. Therefore, the Coast Guard, for good cause finds, under 5 
U.S.C. 553 (b) and (d), that notice and public procedure on the notice 
are unnecessary, and that the rule may be made effective upon 
publication.

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. As 
this rule involves internal agency practices and procedures, it will 
not impose any costs on the public.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule 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 
rule under the Regulatory Flexibility Act. This rule involves internal 
Coast Guard rulemaking procedures and will not have substantive impact 
on the public. Therefore, the Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.

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 of Commandant Instruction 
M16475.1B (as revised by 59 FR 38654, July 29, 1994), this rule 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

33 CFR Part 1
    Administrative practice and procedures, Authority delegations 
(Government agencies), Coast Guard, Freedom of information, Penalties.

33 CFR Part 26

    Coast Guard, Communications equipment, Vessels.

33 CFR Part 177

    Coast Guard, Marine safety.

    For the reasons set out in the preamble, the Coast Guard amends 
subparts 1.05 and 1.20 of part 1, part 26 and part 177 of title 33, 
Code of Federal Regulations as follows:

PART 1--GENERAL PROVISIONS

    1. Subpart 1.05 is revised to read as follows:

Subpart 1.05--Rulemaking

Sec.
1.05-1  Delegation of rulemaking authority.
1.05-5  Marine Safety Council.
1.05-10  Regulatory process overview.
1.05-15  Public participation.
1.05-20  Petitions for rulemaking.
1.05-25  Public docket.
1.05-30  Advance notice of proposed rulemaking (ANPRM).
1.05-35  Notice of proposed rulemaking (NPRM).
1.05-40  Supplemental notice of proposed rulemaking (SNPRM).
1.05-45  Interim rule.
1.05-50  Final rule.
1.05-60  Negotiated rulemaking.

    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.

Subpart 1.05--Rulemaking


Sec. 1.05-1  Delegation of rulemaking authority.

    (a) The Secretary of Transportation is empowered by various 
statutes to issue regulations regarding the functions, powers and 
duties of the Coast Guard.

    (b) The Secretary of Transportation has delegated much of this 
authority to the Commandant, U.S. Coast Guard, including authority to 
issue regulations regarding the functions of the Coast Guard and the 
authority to redelegate and authorize successive redelegations of that 
authority within the Coast Guard. 

[[Page 34149]]
These delegations are reflected in 49 CFR 1.45 and 1.46.

    (c) The Commandant has reserved the authority to issue any rules 
and regulations determined to be significant under Executive Order 
12866, Regulatory Planning and Review.

    (d) The Commandant has redelegated to the various office chiefs at 
U.S. Coast Guard Headquarters, with the reservation that this authority 
shall not be further redelegated, the authority to develop and issue 
regulations necessary to implement laws, treaties, or Executive Orders 
associated with their assigned programs; issue amendments to existing 
regulations as necessary; and submit regulatory proposals for Marine 
Safety Council consideration.
    (e)(1) The Commandant has redelegated to Coast Guard District 
Commanders, with the reservation that this authority shall not be 
further redelegated, the authority to issue regulations pertaining to 
the following:
    (i) Anchorage grounds and special anchorage areas.
    (ii) The designation of lightering zones.
    (iii) The operation of drawbridges.
    (iv) The establishment of Regulated Navigation Areas.
    (v) The establishment of safety and security zones.
    (vi) The establishment of special local regulations.
    (2) This delegation does not extend to those matters specified in 
paragraph (c) of this section or rules and regulations which have been 
shown to raise substantial issues or to generate controversy.
    (f) Except for those matters specified in paragraph (c) of this 
section, the Commandant has redelegated to Coast Guard Captains of the 
Port, with the reservation that this authority shall not be further 
redelegated, the authority to establish safety and security zones.
    (g) The Commandant has redelegated to Coast Guard District 
Commanders, Captains of the Port, the Chief, Office of Navigation 
Safety and Waterway services, and the Chief, Office of Marine Safety, 
Security, and Environmental Protection the authority to make the 
certification required by section 605(b) of the Regulatory Flexibility 
Act (Sec. 605(b), Pub. L. 96-354, 94 Stat. 1168 (5 U.S.C. 605)) for 
rules that they issue.


Sec. 1.05-5  Marine Safety Council.

    The Marine Safety Council, composed of senior Coast Guard 
officials, acts as policy advisor to the Commandant and is the focal 
point of the Coast Guard regulatory system. The Marine Safety Council 
provides oversight, review, and guidance for all Coast Guard regulatory 
activity.


Sec. 1.05-10  Regulatory process overview.

    (a) Most rules of local applicability are issued by District 
Commanders and Captains of the Port, while rules of wider applicability 
are issued by senior Coast Guard officials at Coast Guard Headquarters, 
For both significant rulemaking (defined by Executive Order 12866, 
Regulatory Planning and Review and Department of Transportation Order 
2100.5, Policies and Procedures for Simplification, Analysis, and 
Review of Regulations) and non-significant rulemaking, other than those 
areas delegated to District Commanders and Captains of the Port, the 
regulatory process begins when an office chief with program 
responsibilities identifies a possible need for a new regulation or for 
changes to an existing regulation. The need may arise due to statutory 
changes, or be based on internal review or public input. Early public 
involvement is strongly encouraged.
    (b) After a tentative regulatory approach is developed, a 
regulatory project proposal is submitted to the Marine Safety Council 
for approval. The proposal describes the scope of the proposed 
regulation, alternatives considered, and potential cost and benefits, 
including possible environmental impacts. All regulatory projects 
require Marine Safety Council approval.
    (c) Significant rulemaking projects must also be approved by the 
Commandant of the Coast Guard.
    (d) If the project is approved, the necessary documents are 
drafted, including documents to be published in the Federal Register. 
These may include regulatory evaluations, environmental analyses, 
requests for comments, announcements of public meetings, notices of 
proposed rulemakings, and final rules.


Sec. 1.05-15  Public participation.

    The Coast Guard considers public participation essential to 
effective rulemaking, and encourages the public to participate in its 
rulemaking process. Coast Guard policy is to provide opportunities for 
public participation early in potential rulemaking projects. Generally, 
the Coast Guard will solicit public input by publishing a notice of 
public meeting or request for comments in the Federal Register. Advance 
Notices of Proposed Rulemaking, Notices of Proposed Rulemaking, 
Supplemental Notices of Proposed Rulemaking, and Interim Rules will 
usually provide 90 days, or more if possible, after publication for 
submission of comments. This time period is intended to allow 
interested persons the opportunity to participate in the rulemaking 
process through the submission of written data and views. However, 
certain cases and circumstances may make it necessary to provide a 
shorter comment period. Public meetings may also be held to provide an 
opportunity for oral presentations. The Coast Guard will consider the 
comments received and, in subsequent rulemaking documents, will 
incorporate a concise general statement of the comments received and 
identify changes from a proposed rule based on the comments.


Sec. 1.05-20  Petitions for rulemaking.

    (a) Any member of the public may petition the Coast Guard to 
undertake a rulemaking action. There is no prescribed form for a 
petition for rulemaking, but the document should provide some 
supporting information as to why the petitioner believes the proposed 
rulemaking is necessary and the document should clearly indicate that 
it is a petition for rulemaking. Petitions should be addressed to the 
Executive Secretary, Marine Safety Council (G-LRA/3406), United States 
Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-
0001.
    (b) The petitioner will be notified of the Coast Guard's decision 
whether to initiate a rulemaking or not. If the Coast Guard decides not 
to pursue a rulemaking, the petitioner will be notified of the reasons 
why. If the Coast Guard decides to initiate rulemaking, it will follow 
the procedure outlined in this subpart. The Coast Guard may publish a 
notice acknowledging receipt of a petition for rulemaking in the 
Federal Register.
    (c) Any petition for rulemaking and any reply to the petition will 
be kept in a public file open for inspection.


Sec. 1.05-25  Public docket.

    (a) A public file is maintained for each petition for rulemaking 
and each Coast Guard regulation and notice published in the Federal 
Register. Each file contains copies of every rulemaking document 
published for the project, public comments received, summaries of 
public meetings or hearings, regulatory assessments, and other 
publicly-available information. Members of the public may inspect the 
public docket and copy any documents in the file. Each rulemaking 
document will identify where the public file for that rulemaking is 
maintained.
    (b) The public dockets for Coast Guard rulemaking activity 
initiated by 

[[Page 34150]]
Coast Guard District Commanders are available for public inspection at 
the appropriate Coast Guard District office.
    (c) The public dockets for Coast Guard rulemaking activity 
initiated by Captains of the Port are available for inspection at the 
appropriate Captain of the Port office.


Sec. 1.05-30  Advance notice of proposed rulemaking (ANPRM).

    An advance notice of proposed rulemaking may be used to alert the 
affected public about a new regulatory project, or when the Coast Guard 
needs more information about what form proposed regulations should 
take, the actual need for a regulation, the cost of a proposal, or any 
other information. The ANPRM may solicit general information or ask the 
public to respond to specific questions.


Sec. 1.05-35  Notice of proposed rulemaking (NPRM).

    Under the Administrative Procedure Act (APA), 5 U.S.C. 553, an NPRM 
is generally published in the Federal Register for Coast Guard 
rulemakings. The NPRM normally contains a preamble statement in 
sufficient detail to explain the proposal, its background, basis, and 
purpose, and the various issues involved. It also contains a discussion 
of any comments received in response to prior notices, a citation of 
legal authority for the rule, and the text of the proposed rule.


Sec. 1.05-40  Supplemental notice of proposed rulemaking (SNPRM).

    An SNPRM may be issued if a proposed rule has been substantially 
changed from the original notice of proposed rulemaking. The 
supplemental notice advises the public of the revised proposal and 
provides an opportunity for additional comment. To give the public a 
reasonable opportunity to become reacquainted with a rulemaking, a 
supplemental notice may also be issued if considerable time has elapsed 
since publication of a notice of proposed rulemaking. An SNPRM contains 
the same type of information generally included in an NPRM.


Sec. 1.05-45  Interim rule.

    (a) An interim rule may be issued when it is in the public interest 
to promulgate an effective rule while keeping the rulemaking open for 
further refinement. For example, an interim rule may be issued in 
instances when normal procedures for notice and comment prior to 
issuing an effective rule are not required, minor changes to the final 
rule may be necessary after the interim rule has been in place for some 
time, or the interim rule only implements portions of a proposed rule, 
while other portions of the proposed rule are still under development.
    (b) An interim rule will be published in the Federal Register with 
an effective date that will generally be at least 30 days after the 
date of publication. After the effective date, an interim rule is 
enforceable and is codified in the next annual revision of the 
appropriate title of the Code of Federal Regulations.


Sec. 1.05-50  Final rule.

    In some instances, a final rule may be issued without prior notice 
and comment. When notice and comment procedures have been used, and 
after all comments received have been considered, a final rule is 
issued. A final rule document contains a preamble that discusses 
comments received, responses to comments and changes made from the 
proposed or interim rule, a citation of legal authority, and the text 
of the rule.


Sec. 1.05-60  Negotiated rulemaking.

    (a) The Coast Guard may establish a negotiated rulemaking committee 
under the Negotiated Rulemaking Act of 1990 and the Federal Advisory 
Committee Act (FACA) (5 U.S.C. App. 2) when it is in the public 
interest.
    (b) Generally, the Coast Guard will consider negotiated rulemaking 
when:
    (1) There is a need for a rule;
    (2) There are a limited number of representatives for identifiable 
parties affected by the rule;
    (3) There is a reasonable chance that balanced representation can 
be reached in the negotiated rulemaking committee and that the 
committee members will negotiate in good faith;
    (4) There is a likelihood of a committee consensus in a fixed time 
period;
    (5) The negotiated rulemaking process will not unreasonably delay 
the rule;
    (6) The Coast Guard has resources to do negotiated rulemaking; and
    (7) The Coast Guard can use the consensus of the committee in 
formulating the NPRM and final rule.
Subpart 1.20--[Amended]

    2. The authority citation for subpart 1.20 is revised to read as 
follows:

    Authority: 5 U.S.C. 301; 14 U.S.C. 632, 633, 49 U.S.C. 322; 49 
CFR 1.46 and part 9.

    3. In Sec. 1.20-1, paragraphs (b) and (c) are revised to read as 
follows:


Sec. 1.20-1  Testimony by Coast Guard personnel and production of 
records in legal proceedings.

* * * * *
    (b) Except for the acceptance of service of process or pleadings 
under paragraph (d) of this section and 49 CFR 9.19, the Legal Officer 
of each Maintenance and Logistics Command, each District Legal Officer, 
and the Legal Officer assigned to any other Coast Guard unit or 
command, for matters involving personnel assigned to their command, are 
delegated the functions of ``agency counsel'' described in 49 CFR part 
9.
    (c) A request for a member or employee of the Coast Guard to 
testify, or for permission to interview such a member or employee, 
should be made to the Legal officer serving the command to which that 
member or employee is assigned, or, if the member or employee is 
serving at Coast Guard Headquarters, or with a command receiving legal 
services from the Chief counsel, U.S. Coast Guard, to the Chief, Claims 
and Litigation Division. Should the member or employee no longer be 
employed by the Coast Guard, and the testimony or information sought 
falls within the provisions of 49 CFR part 9, the request should be 
made to the District Legal Officer serving the geographic area where 
the former member or employee resides or, if no District Legal Officer 
has geographic responsibility, to the Chief, Claims and Litigation 
Division.
* * * * *

PART 26--[AMENDED]

    4. The authority citation for part 26 is revised to read as 
follows:

    Authority: 14 U.S.C. 2; 33 U.S.C. 1201-1208; 49 CFR 1.45(b), 
1.46; Rule 1, International Regulations for the Prevention of 
Collisions at Sea.

    5. In Sec. 26.08, paragraphs (a) and (b) are redesignated as 
paragraphs (b) and (c) and a new paragraph (a) is added to read as 
follows:


Sec. 26.08  Exemption procedures.

    (a) The Commandant has redelegated to the Chief, Office of 
Navigation Safety and Waterway Services, U.S. Coast Guard Headquarters, 
with the reservation that this authority shall not be further 
redelegated, the authority to grant exemptions from provisions of the 
Vessel Bridge-to-Bridge Radiotelephone Act and this part.
* * * * *

PART 177--[AMENDED]

    6. The authority citation for part 177 is revised to read as 
follows:

    Authority: 46 U.S.C. 4302; 49 CFR 1.45(b), 1.46.

    7. Section 177.04 is added to read as follows:


[[Page 34151]]



Sec. 177.04  Order of unsafe condition.

    (a) The Commandant has redelegated to Coast Guard District 
Commanders, with the reservation that this authority shall not be 
further redelegated, the authority, under 46 U.S.C. 4308, to issue 
orders applicable to a specific boat within the District Commander's 
jurisdiction designating that boat unsafe for a specific voyage on a 
specific body of water when it is determined, under the provisions of 
Sec. 177.07(g), that an unsafe condition exists.
    (b) Each order issued by a Coast Guard District Commander under the 
provisions of paragraph (a) of this section will contain:
    (1) Notice that the person upon whom the order is served has the 
right under the Administrative Procedure Act (5 U.S.C. 553(e)), to 
petition for reconsideration and repeal of the order;
    (2) Full title and address of the Coast Guard District Commander to 
whom the petition is to be submitted; and
    (3) Notice that the petition should contain:
    (i) The text or substance of the order which the petitioner seeks 
to have reconsidered and repealed;
    (ii) A statement of the action sought by the petitioner;
    (iii) Whatever arguments or data that are available to the 
petitioner to support the action sought; and
    (iv) An advisement that if the petitioner desires reconsideration 
and repeal of the rule before a specific date, the petition should so 
state and give reasons why action by that date is necessary.
    (c) If a Coast Guard District Commander determines that a petition 
submitted under the provisions of paragraph (b) of this section 
contains adequate justification, the District Commander will initiate 
prompt action to repeal the order. If the District Commander determines 
that repeal of the order is not justified, the District Commander will 
issue prompt written notice of denial to the petitioner.

    8. In Sec. 177.07, paragraph (g)(3) is revised to read as follows:


Sec. 177.07  Other unsafe conditions.

* * * * *
    (g) * * *
    (3) Improper or inadequate operational or safety equipment, and set 
forth in an order issued by a District Commander according to the 
provisions of Sec. 177.04.

    Dated: June 27, 1995.

R. B. Helsel,

Acting Chief Counsel.

[FR Doc. 95-16146 Filed 6-29-95; 8:45 am]

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