Regulatory Flexibility Act: Small entities; economic impact,
[Federal Register: January 19, 1999 (Volume 64, Number 11)]
[Proposed Rules]
[Page 2868-2870]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja99-32]
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.
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
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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).
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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.
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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).
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Dated: January 12, 1999. J.E. Shkor, RADM, United States Coast Guard, Chief Counsel.
[FR Doc. 99-998Filed1-15-99; 8:45 am]
BILLING CODE 4910-15-M
