[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18250-18251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10255]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 1

[CGD 96-010]
RIN 2115-AF30


Removal of Appendix to 33 CFR Subpart 1.07, List of Penalty 
Provisions Coast Guard Is Authorized To Enforce

AGENCY: Coast Guard, DOT.


[[Page 18251]]


ACTION: Final rule.

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SUMMARY: As part of the President's Regulatory Reinvention Initiative, 
the Coast Guard is removing obsolete regulations. The Appendix to 33 
CFR Subpart 1.07 is outdated. To avoid misleading the public with 
outdated materials, the Coast Guard is removing the Appendix.

EFFECTIVE DATE: April 25, 1996.

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 Michele Bouziane, Staff Attorney, Maritime and International Law 
Division, Office of Chief Counsel, U.S. Coast Guard Headquarters, (202) 
267-0014.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    The Appendix to 33 CFR Subpart 1.07 lists penalty provisions of 
statutes the Coast Guard is authorized to enforce. This includes 
penalty provisions of laws that the Coast Guard enforces and 
administers under this part. It also includes penalty provisions of 
laws that another agency administers, but the Coast Guard enforces when 
violations occur on the high seas and waters over which the United 
States has jurisdiction. The Appendix also lists the penalty procedure 
(civil or criminal) used by the Coast Guard to address violations of 
each statute.
    The Appendix was last updated in 1982. The Appendix, in its 
outdated condition, is of little use and could be misleading. The Coast 
Guard does not plan to update the index because the information it 
contains is available elsewhere in statutes and regulations. To avoid 
misleading the public with outdated materials, the Coast Guard is 
removing the Appendix.

Regulatory Information

    This rule is being published as a final rule without a prior notice 
of proposed rulemaking. This rulemaking merely removes the Appendix to 
33 CFR Subpart 1.07 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)(3)(B) and (d)(3), that notice and public comment 
procedure are unnecessary, and that this 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.

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 removing 
the Appendix to 33 CFR Subpart 1.07 and will not have a 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 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 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. 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 procedure, Authority delegations 
(Government agencies), Freedom of information, Penalties.

Subpart 1.07  Appendix [Removed]

    Under the authority of 14 U.S.C. 633, the Appendix to 33 CFR 
Subpart 1.07 is removed.

    Dated: April 19, 1996.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard, Chief Counsel.
[FR Doc. 96-10255 Filed 4-24-96; 8:45 am]
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