[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Proposed Rules]
[Pages 2868-2870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-998]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 1 Through 124

[USCG-1999-4975]


Regulatory Flexibility Act Section 610 Review

AGENCY: Coast Guard, DOT.

ACTION: Notice of regulatory review; request for comments.

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SUMMARY: The Coast Guard requests comments on the economic impact of 
our regulation on small entities. As required by the Regulatory 
Flexibility Act and as published in the Department of Transportation's 
(DOT) Semi-Annual Regulatory Agenda, we are analyzing our first group 
of regulations during fiscal year 1999 to identify rules which may have 
a significant economic impact on a substantial number of small 
entities. At the end of this year of analysis, we will publish a list 
of those regulations that may have a significant economic impact on a 
substantial number of small entities and seek public comment on how we 
can reduce the burden on small entities.

DATES: Comments must reach the Docket Management Facility on or before 
April 19, 1999.

ADDRESSES: You may mail comments to the Docket Management Facility, 
(USCG-1999-4975), U.S. Department of Transportation, room PL-401, 400 
Seventh Street SW., Washington DC 20590-0001, or deliver them to room 
PL-401, located on the Plaza Level of the Nassif Building at the same 
address between 9 a.m. and 5 p.m. Monday through Friday, except Federal 
holidays. The telephone number is 202-366-9329.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments will become part of this docket and will be 
available for inspection or copying at room PL-401, located on the 
Plaza Level of the Nassif Building at the same address between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. You may 
also access this docket at the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this document, 
contact Ms. Christena Green, Office of Regulations and Administrative 
Law (G-LRA), U.S. Coast Guard Headquarters, Room 3406, telephone 202-
267-0133. For questions or viewing or submitting material to the 
docket, contact Dorothy Walker, Chief, Dockets, Department of 
Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages you to participate in our review of 
regulations by submitting written data, views, or arguments. If you 
submit comments, you should include your name and address, identify 
this notice (USCG-1999-4975) and the specific rule to which your 
comments apply, and give the reason for each comment. Please submit all 
comments and attachments in an unbound format, no larger than 8\1/2\ by 
11 inches, suitable for copying and electronic filing to the DOT Docket 
Management Facility at the address under ADDRESSES. If you want 
acknowledgment of receipt of your comments, you should enclose a 
stamped, self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period.
    Although the Coast Guard has not scheduled a public meeting 
concerning this request for comments, you may request a public meeting 
by submitting a request to the address under ADDRESSES. The request 
should include the reasons why a meeting would be beneficial. If we 
determine that a public meeting should be held, we will hold the 
meeting at a time and place announced by a later notice in the Federal 
Register.

Background and Purpose

    In 1980, Congress passed the Regulatory Flexibility Act (RFA), 
Public Law 96-354, requiring periodic review of those regulations that 
have a significant economic impact on a substantial number of small 
entities. The Department of Transportation (DOT) published its 
Semiannual Regulatory Agenda on November 9, 1998, listing in Appendix D 
(63 FR 62857) those regulations each modal agency will review under 
Section 610 of the RFA during the next 12 months to see if the agency 
can minimize their burden on small entities.
    Appendix D also contains DOT's 10-year review plan for all of its 
existing

[[Page 2869]]

regulations (63 FR 62030). We have divided all Coast Guard rules into 
10 groups by Code of Federal Regulations (CFR) volumes (group). Each 
group will be reviewed once every 10 years, undergoing a two-stage 
process--an Analysis Year and a Section 610 Review Year. At the end of 
the Analysis year, we will publish a list of those regulations subject 
to review under Section 610 during the following year (the Section 
Review Year).

1. Analysis Year

    During this year, we will conduct a preliminary assessment of the 
rules in Group 1 to determine whether they are subject to a Section 610 
review the next year. All rules in the group will undergo analysis 
during this year. Those rules that are identified as having a 
significant impact on a substantial number of small entities will 
undergo a Section 610 review in the next year. We will publish a notice 
in the Federal Register announcing our Section 610 review and 
identifying the regulations under review.

2. Section 610 Review Year

    At the end of the Analysis Year, we would publish the results of 
our preliminary assessment. For those rules with no significant impact 
on a substantial number of small entities, we would identify and 
briefly explain why each rule has such a finding. For those rules with 
a significant impact on a substantial number of small entities, we 
would indicate that a formal Sec. 610 review would be conducted to 
determine whether we could lessen the impact. If no changes were 
warranted, we would provide a short explanation for the finding. If we 
intended to change a rule, we would provide an explanation for the 
proposed changes.
    We are currently in the Analysis Year, conducting a preliminary 
assessment for Group 1: Volume 1 of Title 33 Code of Federal 
Regulations (CFR), parts 1 through 124. During this year we will 
analyze the economic impact of Group 1 to determine if any rules are 
subject to a Section 610 review in fiscal year 2000. We will publish 
our findings in a future notice in the Federal Register.
    The analysis for Group 1 will take place from fall 1998 to fall 
1999. Group 1 contains the following Parts:

SUBCHAPTER A--GENERAL

1  General provisions
2  Jurisdiction
3  Coast Guard areas,districts, marine inspection zones, and captain 
of the port zones
4  OMB control numbers assigned pursuant to the Paperwork Reduction 
Act
5  Coast Guard Auxiliary
6  Protection and security of vessels, harbors, and waterfront 
facilities
8  United States Coast Guard Reserve
13  Decorations, medals, ribbons and similar devices
17  United States Coast Guard general gift fund
19  Waivers of navigation and vessel inspection laws and regulations
20  Class II Civil Penalties
23  Distincitive markings for Coast Guard vessels and aircraft
25  Claims
26  Vessel bridge-to-bridge radiotelephone regulations
27  Adjustment of civil monetary penalties for inflation

SUBCHAPTER B--MILITARY PERSONNEL

40  Cadets of the Coast Guard
45  Enlistment of personnel
49  Payment of amounts due mentally incompetent Coast Guards 
personnel
50  Coast Guard Retiring Review Board
51  Coast Guard Discharge Review Board
52  Board for Collection of Military Records of the Coast Guard
53  Coast Guard whistleblower protection
54  Allotments from active duty pay for certain support obligations

SUBCHAPTER C--AIDS TO NAVIGATION

60  [Reserved]
62  United States aids to navigation system
64  Marking of structures, sunken vessels and other obstructions
66  Private aids to navigation
67  Aids to navigation on artificial islands and fixed structures
70  Interference with or damage to aids to navigation
72  Marine Information
74  Charges for Coast Guard aids to navigation work
76  Sale and transfer of aids to navigation equipment

SUBCHAPTER D--INTERNATIONAL NAVIGATION RULES

    Note: Application of the 72 COLREGS to territories and 
possessions.

80  COLGREGS demarcation lines
81  72 COLREGS: Implementing Rules
82  72 COLREGS: Interpretative Rules

SUBCHAPTER E--INLAND NAVIGATION RULES

84  Annex I: Positioning and technical details of lights and shapes
85  Annex II: Additional signals for fishing vessels fishing in 
close proximity
86  Annex III: Technical details of sound signal appliances
87  Annex IV: Distress signals
88  Annex V: Pilot rules
89  Inland navigation rules: implementing rules
90  Inland rules; Interpretative rules

SUBCHAPTER F--VESSEL OPERATING REGULATIONS

95  Operating a vessel while intoxicated

SUBCHAPTER G--REGATTAS AND MARINE PARADES

100  Marine events

SUBCHAPTER H--[RESERVED]

SUBCHAPTER I--ANCHORAGES

109  General
110  Anchorage regulations

SUBCHAPTER J--BRIDGES

114  General
115  Bridge locations and clearances; administrative procedures
116  Alteration of unreasonably obstructive bridges
117  Drawbridge operation regulations
118  Bridge lighting and other signals.

SUBCHAPTER K--SECURITY OF VESSELS

120  Security of passenger vessels.

    We are seeking public comment on whether any rules in these parts 
have a significant impact on a substantial number of small entities. 
``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000. If you think that your business or 
organization qualifies as a small entity and that any rules in these 
parts have a significant economic impact on your business or 
organization, please submit a comment to the Docket Management Facility 
at the address under ADDRESSES explaining why you think it qualifies 
and in what way and to what degree these rules economically affect you.
    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist 
small entities in understanding any rules in parts 1 through 124 so 
that they can better evaluate the effects on them and participate in 
this review process. If your small business or organization is affected 
by any of these rules and you have questions concerning its provisions 
or options for compliance, please contact Ms. Christena Green, Office 
of Regulations and Administrative Law (G-LRA), 202-267-0133.
    The Small Business and Agriculture Regulatory Enforcement Ombudsman 
and 10 Regional Fairness Boards were established to receive comments 
from small businesses about Federal agency enforcement actions. The 
Ombudsman will annually evaluate the enforcement activities and rate 
each agency's responsiveness to small business. If you wish to comment 
on the enforcement actions of the Coast Guard, call 1-888-REG-FAIR (1-
888-734-3247).


[[Page 2870]]


    Dated: January 12, 1999.
J.E. Shkor,
RADM, United States Coast Guard, Chief Counsel.
[FR Doc. 99-998 Filed 1-15-99; 8:45 am]
BILLING CODE 4910-15-M