[Federal Register Volume 68, Number 120 (Monday, June 23, 2003)]
[Rules and Regulations]
[Pages 37091-37093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15641]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 1

USCG 2003-15137

RIN 1625-AA71


Right To Appeal; Director, Great Lakes Pilotage

AGENCY: Coast Guard, DHS.

ACTION: Direct final rule.

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SUMMARY: The Coast Guard is amending its procedures for the appeal of 
decisions or actions taken by the Director, Great Lakes Pilotage (G-MW-
1). It has determined that the Assistant Commandant for Marine Safety, 
Security and Environmental Protection (G-M) should exercise this 
authority in place of the Director of Waterways Management (G-MW). This 
way, G-MW will be able to supervise more closely the work of G-MW-1 
without also sitting in judgment on that work.

DATES: This rule is effective August 22, 2003, unless an adverse 
comment, or notice of intent to submit an adverse comment, reaches the 
Docket Management Facility on or before July 23, 2003. If an adverse 
comment, or notice of intent to submit an adverse comment reaches the 
Facility within the time allowed, we will withdraw this direct final 
rule and publish a timely notice of withdrawal in the Federal Register.

ADDRESSES: To make sure that your comments and related material do not 
enter the docket [USCG 2003-15137] more than once, please submit them 
by only one of the following means:
    (1) By mail to the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 400 Seventh Street SW., Washington, DC 
20590-0001.
    (2) By delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (3) By fax to the Facility at 202-493-2251.

[[Page 37092]]

    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    The Facility maintains the public docket for this rulemaking. 
Comments and related material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street SW., Washington DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Mr. Tom Lawler, Coast Guard, telephone 202-267-1241. If you have 
questions on viewing or submitting material to the docket, call Ms. 
Dorothy Beard, Chief, Dockets, Department of Transportation, telephone 
202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking [USCG 2003-
15137], indicate the specific section of this document to which each 
comment applies, and give the reason for each comment. You may submit 
your comments and material by mail, delivery, fax, or electronic means 
to the Docket Management Facility at the address under ADDRESSES; but 
please submit them by only one means. If you submit them by mail or 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know that they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope.

Regulatory Information

    We are publishing a direct final rule under 33 CFR 1.05-55, because 
we do not expect an adverse comment. Unless we receive an adverse 
comment or notice of intent to submit one within the comment period 
specified under DATES, this rule will become effective as stated in 
DATES. In that case, about 15 days before the effective date, we will 
publish a document in the Federal Register stating that we received no 
adverse comment and confirming that this rule will become effective as 
scheduled. However, if we receive an adverse comment or notice of 
intent to submit one, we will publish a document in the Federal 
Register announcing the withdrawal of this rule. If we decide to 
proceed with a rulemaking following receipt of an adverse comment, we 
will publish a separate notice of proposed rulemaking (NPRM) and 
provide a new opportunity for comment.
    A comment counts as ``adverse'' if it explains why this rule would 
be inappropriate, including a challenge to its underlying premise or 
approach, or would be ineffective or unacceptable without a change.

Background and Purpose

    A review of our rules indicates that our policy and practice of 
permitting a party to appeal any decision or action of the Director, 
Great Lakes Pilotage (G-MW-1), in accordance with the procedures at 46 
CFR Part 1.03, should be changed from the Director, Waterways 
Management (G-MW) to the Assistant Commandant for Marine Safety, 
Security and Environmental Protection (G-M). This way, G-MW will be 
able to more closely supervise the work of G-MW-1 without also sitting 
in judgment on that work.

Discussion of Rule

    To codify this rule entails (1) amending 46 CFR 1.03-15 to take 
account of 46 U.S.C. Chapter 93 and 46 CFR Chapter III and identifying 
the particular Coast Guard office for appeals; and (2) amending 46 CFR 
1.03-50 to describe the appellate process for decisions or actions of 
the Director, Great Lakes Pilotage (G-MW-1).
    This change shifts the authority to review any decision or action 
of the Director, Great Lakes Pilotage (G-MW-1), from the Director of 
Waterways Management (G-MW) to the Assistant Commandant for Marine 
Safety, Security and Environmental Protection (G-M).

Regulatory Evaluation

    This direct final 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. The Office of Management and Budget has not reviewed it 
under that Order. It is not ``significant'' under the regulatory 
policies and procedures of the Department of Homeland Security (DHS) 
[44 FR 11040 (February 26, l979)]. Because this rule is administrative 
in nature, we expect 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 DHS is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act [5 U.S.C. 601-612], we 
considered whether this direct final rule will have a significant 
economic impact on a substantial number of small entities. The term 
``small entities'' comprises 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. This rule does not affect any small 
entities.
    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. We will evaluate, under the criteria in 
``Regulatory Information'', any comments submitted in response to this 
finding.

Collection of Information

    This direct final rule calls for no new collection of information 
under the Paperwork Reduction Act of 1995 [44 U.S.C. 3501-3520].

Federalism

    We have analyzed this direct final rule under Executive Order 13132 
and have determined that it does not have implications for federalism 
under that Order.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 [2 U.S.C. 1531-1538] 
requires Federal agencies to assess the effects of their regulatory 
actions not specifically required by law. In particular, the Act 
addresses actions that may result in the expenditure by a State, local, 
or tribal government, in the aggregate, or by the private sector of 
$100,000,000 or more in any one year. Though this direct final rule 
will not result in such expenditure, we do discuss the effects of this 
rule elsewhere in this preamble.

Taking of Private Property

    This direct final rule will not effect a taking of private property 
or otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Reform of Civil Justice

    This direct final rule meets applicable standards in sections 3(a) 
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation,

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eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this direct final rule under Executive Order 
13045, Protection of Children from Environmental Health Risks and 
Safety Risks. This rule is not an economically significant rule and 
does not concern an environmental risk to health or risk to safety that 
may disproportionately affect children.

Indian Tribal Governments

    This direct final rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    The Coast Guard considered the environmental impact of this direct 
final rule and concluded that, under figure 2-1, paragraph (34)(a) of 
Commandant Instruction M16475.lD, this rule is categorically excluded 
from further environmental documentation. It is ``procedural'' within 
the meaning of that paragraph. A Determination of Categorical Exclusion 
is available in the docket where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 1

    Administrative practice and procedure, Organization and functions 
(Government agencies), Reporting and recordkeeping requirements.

0
For the reasons discussed in the preamble, the Coast Guard amends 46 
CFR part 1 as follows:

PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE 
SAFETY FUNCTIONS

Subpart 1.03--Rights of Appeal

0
1. Add the authority citation to subpart 1.03 to read as follows:

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 
U.S.C. Chapter 93; Public Law 107-296, 116 Stat. 2135; Department of 
Homeland Security Delegation No. 1070; Sec.  1.01-35 also issued 
under the authority of 44 U.S.C. 3507.


0
2. Revise paragraph (h)(5) of Sec.  1.03-15 to read as follows:


Sec.  1.03-15  General.

* * * * *
    (h) * * *
    (5) Commandant (G-M) for appeals involving decisions or actions of 
the Director, Great Lakes Pilotage.
* * * * *

0
3. Revise Sec. 1.03-50 to read as follows:


Sec.  1.03-50  Appeals from decisions or actions of the Director, Great 
Lakes Pilotage.

    Any person directly affected by a decision or action of the 
Director, Great Lakes Pilotage, may make a formal appeal of that 
decision or action to Commandant (G-M), in accordance with the 
procedures contained in Sec.  1.03-15 of this subpart.

    Dated: May 21, 2003.
Paul J. Pluta,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 03-15641 Filed 6-20-03; 8:45 am]
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