[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Proposed Rules]
[Pages 16423-16424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7736]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Chapter I

46 CFR Chapter I

[CGD 95-022]


Presidential Regulation Review

AGENCY: Coast Guard, DOT.

ACTION: Public meeting; request for comments.

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SUMMARY: The Coast Guard will conduct a public meeting to provide the 
public an opportunity to comment on Coast Guard regulations and the 
regulatory process. Comments are sought on changes to Coast Guard 
regulations that would make them less burdensome or more flexible, 
including use of negotiated rulemaking to effect changes, and on 
improvements that could be made to the enforcement process, while still 
ensuring a high level of safety and environmental protection.

DATES: The meeting will be held April 20, 1995, from 9 a.m. to 3 p.m. 
Written material must be received not later than May 1, 1995.

ADDRESSES: The meeting will be held in room 2415, Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001. 
Written comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA), U.S. Coast Guard, 2100 Second Street, SW., 
Washington, DC 20593-0001, or may be delivered to room 3406 at the same 
address between 8 a.m. and 3 p.m., Monday through Friday, except 
Federal holidays.
    Comments will become part of this docket and will be available for 
inspection or copying at room 3406, Coast Guard Headquarters, between 8 
a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Bruce P. Novak, Regulations 
Coordinator, Oil Pollution Act (OPA 90) Staff, U.S. Coast Guard, 2100 
Second Street SW., Washington, DC 20593-0001, telephone (202) 267-6819. 
This telephone is equipped to record messages on a 24-hour basis.

SUPPLEMENTARY INFORMATION: The President recently announced a 
Regulatory Reinvention initiative. Under this initiative agencies are 
directed to review their regulations; improve their enforcement efforts 
to focus on results, not punishment; meet with the people affected by 
their regulations; and substantially increase their efforts to promote 
consensual rulemaking.
    In reviewing existing regulations the Coast Guard will be focussing 
on the following issues: (1) Identification of obsolete regulations; 
(2) suggestions for achieving the intended goal of regulations that 
would be more efficient and/or less intrusive; (3) identification of 
private sector alternatives to regulations such as market mechanisms, 
that can achieve the objectives of regulations; (4) could private 
business, setting its own standards and being subject to public 
accountability, do the job as well; and (5) could State or local 
government regulations be used in lieu of Coast Guard regulation?
    The Coast Guard is interested in suggestions on areas where the 
goals of our regulatory and enforcement programs are not clear, and on 
recommendations for improvements that would focus on attaining defined 
safety and environmental protection results rather than mandating the 
use of specific methods or equipment.
    The Coast Guard would also like to discuss techniques for 
developing consensus rules. Negotiated rulemaking is currently being 
offered as the primary way of achieving consensus rulemaking. The Coast 
Guard has used negotiated rulemaking and has explored its use for 
several rulemaking projects. While negotiated rulemaking has the 
ability to [[Page 16424]] bring together private parties with widely 
disparate views, not all rulemakings are appropriate for use of this 
process The report accompanying the National Performance Review 
identifies the following limits on use of the negotiated rulemaking 
process:
    (1) The number of distinct interests concerned with the proposed 
rule, including any relevant government agencies, must be small enough 
so that they can be fairly represented by not more than 20 to 25 
negotiators;
    (2) There should be a number of diverse issues that participants 
can rank according to their own priorities, so that there will be room 
for compromise on some of the issues as an agreement is sought;
    (3) It is essential that the issues to be negotiated not require 
compromise of principles so fundamental to the parties that productive 
negotiations are unrealistic;
    (4) Parties must be willing to negotiate in good faith, and no 
single interest should be able to dominate the negotiations; and
    (5) The parties cannot have an incentive to stall; therefore, they 
must believe that the agency itself will issue a rule if consensus is 
not reached. A statutory requirement that the agency issue some type of 
rule is often helpful.
    The Coast Guard is interested in suggestions for use of negotiated 
rulemaking to make changes to existing regulations, or where 
regulations currently under development may be converted to negotiated 
rulemakings. The Coast Guard is also interested in suggestions of 
alternative techniques that may facilitate consensual rulemaking where 
a formal negotiated rulemaking is not appropriate.
    The Coast Guard recently undertook a comprehensive review of its 
regulatory process and has now promulgated a new internal rulemaking 
instruction. The new instruction embodies certain reforms that are 
designed to make the Coast Guard's rulemaking process more responsive 
to public need and more timely.
    The Coast Guard has been using expanded opportunities for early 
public participation before issuing a proposed rule. The Coast Guard 
has held numerous public meetings on issues of concern that might 
result in regulations. The purpose of the meetings is to solicit public 
participation on a wide range of issues such as: (1) Possible non-
regulatory alternatives; (2) is a regulatory solution technologically 
feasible; (3) what regulatory alternatives are available; (4) what are 
the probable benefits; and (5) what are the probable costs?
    The Coast Guard has also been making extensive use of its advisory 
committees early in the rulemaking process. The advisory committees 
have a particular expertise and are able to advise the Coast Guard on 
impacts to the industry and the environment, technological feasibility, 
alternatives, existence of industry standards, and so on.
    Although the resulting rules are not precisely consensual, they 
result in broad public participation in the rulemaking process. 
Interested parties discuss concerns and issues with each other and the 
Coast Guard at informal meetings and workshops where there is 
considerable give and take among the participants. The Coast Guard has 
found that this early identification and discussion of issues results 
in a better crafted proposed rule that is subject to less adverse 
comment.
    The Coast Guard is also being responsive to the public's demand for 
more timely rulemaking by increasing personnel accountability. Once 
timelines for major milestones have been approved by the Coast Guard's 
Marine Safety Council, progress on the rulemaking is closely monitored 
and delays must be explained. This justification and review process 
also keeps senior management informed concerning the progress of 
developing rules. Also, management must review existing resource 
commitments and agree to provide adequate resources to develop a rule 
before initiating one.
    The public is invited to comment with regard to the use of the 
negotiated rulemaking process for current Coast Guard rulemaking 
projects. Comments are also invited on the Coast Guard's participatory 
rulemaking process.
    Attendance at the April 20 meeting is open to the public. Members 
of the public may make oral presentations during the meeting. Persons 
wishing to make oral presentations should notify the person listed 
above under FOR FURTHER INFORMATION CONTACT no later than the day 
before the meeting. Written material may be submitted prior to, during, 
or after the meeting.

    Dated: March 23, 1995.
A.E. Henn,
Vice Admiral, U.S. Coast Guard, Acting Commandant.
[FR Doc. 95-7736 Filed 3-29-95; 8:45 am]
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