[Federal Register Volume 66, Number 114 (Wednesday, June 13, 2001)]
[Rules and Regulations]
[Pages 31842-31844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14817]


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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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