[Federal Register Volume 63, Number 36 (Tuesday, February 24, 1998)]
[Rules and Regulations]
[Pages 9157-9158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4505]



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DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 201

[Docket No. MARAD-98-3511]
RIN 2133-AB33


Removal of Obsolete Regulations; Revisions Removing Obsolete 
References

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Final rule.

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SUMMARY: In connection with the review, by the Maritime Administration 
(MARAD), pursuant to the President's ongoing Regulatory Reinvention 
Initiative, certain regulations relating to agency practice and 
procedure have been identified for updating or for removal. The 
identified regulations in 46 CFR Charter II, or portions thereof, are 
obsolete and noncontroversial.

EFFECTIVE DATE: February 24, 1998.

FOR FURTHER INFORMATION CONTACT: Joel C. Richard, Secretary, Maritime 
Administration, Telephone No. (202) 366-5746.

SUPPLEMENTARY INFORMATION: The ongoing regulatory review of all agency 
regulations in force has identified certain MARAD regulations as being 
in need of either elimination or of revision. Obsolete regulations for 
removal or for revision by part, subpart, section or portion of a 
section include the following:

46 CFR Part 201--Rules of Practice and Procedure

    Section 201.1. Mailing address; hours, is being revised since the 
address has changed. In the last sentence of this section ``in room 
7300'' is being revised to ``room 7210''.
    Section 201.21. Persons not attorneys at law, is being removed 
since it covers practice in MARAD proceedings by practitioners other 
than attorneys, who have actually never represented parties in these 
proceedings.
    Section 201.85. Commencement of functions of Office of Hearing 
Examiners, is being revised in orders to make the terms consistent with 
the Department's nomenclature.
    Section 201.86. Presiding Officer, was unintentionally removed, and 
is being restored revised consistent within the Department's 
nomenclature.
    Section 201.87. Authority of Presiding Officer, is being revised 
consistent with the Department's nomenclature.
    Subpart U--Charges for Orders, Notices, Rulings, Decisions, is 
being removed since this subpart concerns fees that are covered by the 
Department's Freedom of Information Act regulations at 49 CFR Part 7, 
Subpart I--Fees.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review)

    This rulemaking has been reviewed under Executive Order 12866 and 
Department of Transportation Regulatory Policies and Procedures (44 FR 
11034, February 26, 1979). It is not considered to be an economically 
significant regulatory action under section 3(f) of E.O. 12866, since 
it has been determined that it is not likely to result in a rule that 
may have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities. It is not considered to be 
a significant rule under the Department's Regulatory Policies and 
Procedures.
    MARAD has determined that this rulemaking presents no substantive 
issue which it could reasonably expect would produce meaningful public 
comment since it is merely removing, pursuant to a Presidential 
directive, regulations or portions thereof that are obsolete, retention 
of which could serve no useful purpose. Accordingly, pursuant to 5 
U.S.C. 553(c) and (d), Administrative Procedure Act, MARAD finds that 
good cause exists to publish this as a final rule, without opportunity 
for public comment, and to make it effective on the date of 
publication. This rule has not been reviewed by the Office of 
Management and Budget under Executive Order 12866.

Federalism

    The Maritime Administration has analyzed this rulemaking in 
accordance with the principles and criteria contained in Executive 
Order 12612, and it has been determined that it does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Regulatory Flexibility Act

    The Maritime Administration certified that this rulemaking will not 
have a significant economic impact on a substantial number of small 
entities.

Environmental Assessment

    The Maritime Administration has considered the environmental impact 
of this rulemaking and has concluded that an environmental impact 
statement is not required under the National Environmental Policy Act 
of 1969.

Paperwork Reduction Act

    This rulemaking contains no reporting requirement that is subject 
to OMB approval under 5 CFR Part 1320, pursuant to the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.). The Maritime 
Administration has determined this rulemaking contains no unfunded 
mandates.

List of Subjects in 46 CFR Part 201

    Administrative practice and procedure.

    Accordingly, for the reasons set forth, 46 CFR Part 201 is amended 
as set forth below:
    1. The authority citation is revised to read as follows:

    Authority: 46 App. U.S.C. 1114(b); 49 CFR 1.66 and 1.69.


Sec. 201.2  [Amended]

    2. Section 201.2 Mailing Address; hours, is amended in the last 
sentence by removing room number ``7300'' and adding ``7210'' in its 
place.


Sec. 201.21  [Removed and Reserved]

    3. Section 201.21 is removed and reserved.


Sec. 201.85  [Amended]

    4. Section 201.85 Commencement of functions of Office of Hearing 
Examiners, is amended in the heading and in the text by removing 
``Office of Hearing Examiners'', and adding ``Department of 
Transportation Office of Hearings'' in its place.


Sec. 201.87  [Amended]

    5. Section 201.87 Authority of Presiding Officer, is amended in the 
last sentence by removing ``Chief Hearing Examiner'' and adding ``Chief 
Administrative Law Judge'' in its place.
    6. Section 201.86 is added to read as follows:


Sec. 201.86  Presiding Officer.

    An Administrative Law Judge in the Department of Transportation 
Office of Hearings will be designated by the Department's Chief 
Administrative Law Judge to preside at hearings required by statute, or 
directed to be held under the Administration's discretionary authority 
in hearings not required by statute, in rotation so far as practicable, 
unless the Administration shall designate one or more of its officials 
to serve as presiding

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officer(s) in hearings required by statute, or member(s) of the staff 
in proceedings not required by statute.

Subpart U--[Removed]

    7. In part 201, Subpart U--Charges for Orders, Notices, Rulings, 
Decisions, is removed.

    Dated: February 18, 1998.

    By Order of the Maritime Administration.
Joel C. Richard,
Secretary, Maritime Administration.
[FR Doc. 98-4505 Filed 2-23-98; 8:45 am]
BILLING CODE 4910-81-P