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Right To Appeal; Director, Great Lakes Pilotage
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 13, 2001 (Volume 66, Number 114)]
[Rules and Regulations]
[Page 31842-31844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn01-8]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Part 1
[USCG 2001-8894]
RIN 2115-AG11
Right To Appeal; Director, Great Lakes Pilotage
AGENCY: Coast Guard, DOT.
ACTION: Direct final rule.
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SUMMARY: The Coast Guard is amending its appellate procedures to
provide explicit authority for appeal of decisions or actions taken by
the Director, Great Lakes Pilotage. The Coast Guard has consistently
applied those procedures whenever a decision or action taken by the
Director has been appealed to higher
[[Page 31843]]
authority within the Coast Guard. At this point, the Coast Guard is
simply amending its rules to reflect its established policy and
practice.
DATES: This rule is effective September 11, 2001, unless an adverse
comment, or notice of intent to submit an adverse comment, reaches the
Docket Management Facility on or before August 13, 2001. If an adverse
comment, or notice of intent to submit an adverse comment, is received,
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 2001-8894]
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 Docket Management Facility at 202-493-2251.
(4) Electronically through the Web Site for the Docket Management
System at http://dms.dot.gov.
The Docket Management 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. John Bennett, Coast Guard, telephone 202-267-2856. 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 2001-
8894], 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 30 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 all or part of this rule. If an
adverse comment applies only to part of this rule (e.g., to an
amendment, a paragraph, or a section) and it is possible to remove that
part without defeating the purpose of this rule, we may adopt, as
final, those parts of this rule on which we received no adverse
comment. We will withdraw any part of this rule that becomes the
subject of an adverse comment. 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 or a
part of 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, in accordance with the procedures 46 CFR Part
1.03 is not one provided for, explicitly, by those rules. Yet it also
indicates that the practice has met universal acceptance by persons
affected. The purpose of this direct final rule is to codify our
established policy and practice on appeals.
Discussion of Rule
To codify these entails (1) amending 46 CFR 1.03-15 to take account
of 46 U.S.C. Chapter 93 and 46 CFR Chapter III and identify the
particular Coast Guard office for appeals; and (2) adding a new 46 CFR
1.03-50 to describe the appellate process for decisions or actions of
the Director, Great Lakes Pilotage.
Because of an oversight affecting 46 CFR Subpart 1.03--Rights of
Appeal, the appellate procedures of the Coast Guard do not by their
terms apply to decisions or actions taken by the Director, Great Lakes
Pilotage, under 46 U.S.C. Chapter 93 or 46 CFR Chapter III.
Nonetheless, the Coast Guard has consistently followed them whenever a
decision or action taken by the Director has been appealed to higher
authority within the Coast Guard, Commandant (G-MW). This practice has
met universal acceptance by persons affected. At this point, the Coast
Guard is simply codifying its procedures to reflect its own policy and
practice and meet the public's expectation.
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 Transportation (DOT) [44
FR 11040, February 26, 1979]. Because this rule is administrative in
nature and simply codifies the policy and practice already in use since
the beginning of Great Lakes Pilotage, 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 DOT 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
[[Page 31844]]
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 Reform Act
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 an 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.
Civil Justice Reform
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, 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.
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.lC, 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
Organization, General Course and Methods Governing Marine Safety
Functions.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR part 1 as follows:
1. Revise the citation of authority for part 1 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; 49 CFR 1.45, 1.46; Sec. 1.01-35 also issued under
the authority of 44 U.S.C. 3507.
2. Revise paragraph (a) of Sec. 1.03-15 and add paragraph (h)(5) to
read as follows:
Sec. 1.03-15 General.
(a) Any person directly affected by a decision or action taken
under this chapter or under chapter III of this title, by or on behalf
of the Coast Guard, except for matters covered by subpart J of part 5
of this chapterdealing with suspension-and-revocation hearings, shall
follow the procedures contained in this section when requesting that
the decision or action be reviewed, set aside, or revised.
* * * * *
(h) * * *
(5) Commandant (G-MW) for appeals involving decisions or actions of
the Director, Great Lakes Pilotage.
* * * * *
3. Add 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-MW), in accordance with the
procedures contained in Sec. 1.03-15 of this subpart.
Dated: April 24, 2001.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine, Safety
and Environmental Protection.
[FR Doc. 01-14817 Filed 6-12-01; 8:45 am]
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