Practice and procedure: Correction,

[Federal Register: June 28, 1999 (Volume 64, Number 123)]

[Rules and Regulations]

[Page 34540-34541]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr28jn99-13]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 20

46 CFR Part 5

[USCG-1998-3472]

RIN 2115-AF59

Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast Guard

AGENCY: Coast Guard, DOT.

ACTION: Correction to interim rule.

SUMMARY: This document corrects the interim rule (USCG-1998-3472) as published on May 24, 1999. The rule revises the rules for Practice, Procedure, and Evidence for Administrative Proceedings.

EFFECTIVE DATE: This correction is effective June 28, 1999.

ADDRESSES: Documents as indicated in this preamble are available for inspection or copying at the Docket Management Facility (USCG-1998- 3472), U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., Washington, DC 20590-0001. They are also available over the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this rule, call George J. Jordan, Attorney-Advisor, Office of the Chief Administrative Law Judge, telephone 202-267-0006. For questions on viewing, or submitting material to the docket, call Dorothy Walker, Chief, Dockets, Department of Transportation, telephone 202-366-9329.

SUPPLEMENTARY INFORMATION:

Background

This rulemaking was necessary as part of a Coast Guard effort to improve both (1) the administrative efficiency of Coast Guard adjudicative procedures in general and (2) proceedings against merchant mariners' credentials in particular. It follows an overall Coast Guard initiative to streamline its resources, yet maintain effectiveness in all affected areas.

The Coast Guard maintains two separate sets of procedural rules that govern administrative adjudication. 46 CFR part 5 contains the rules for Suspension and Revocation (S&R). These rules have their basis in criminal procedure. 33 CFR part 20 contains the rules for class II civil penalties. These rules have their basis in the Model Rules of Administrative Procedure and in other modern rules for civil procedures. Both sets of rules, however, contain outdated and inefficient procedures, many of which are not effective in the adjudication of Coast Guard actions.

This rulemaking consolidates both sets of rules in 33 CFR part 20. It removes those procedures that impede the efficient handling of cases. In addition, it revises those rules that are not consistent with relevant legal standards and practices.

Need for Correction

As published, the interim rule contained both a table that may prove to be misleading and a misnumbering. In the table, the acceptable methods of service did not correspond unambiguously to the types of fileddocuments. The misnumbering employed a roman numeral instead of an Arabic one.

Correction of Publication

Accordingly, correct the interim rule as published on May 24, 1999 (USCG-1998-3472), which is the subject of FR Doc. 99-12750, to read as follows:

Sec. 20.304 [Corrected]

1. On pages 28064 and 28065, correct TABLE 20.304(D) to read as follows: * * * * *

   Table 20.304 (D).--How To Serve FiledDocuments

   Type of fileddocument

   Acceptable methods of service

   (1) Complaint.......................... (i) Certified mail, return receipt requested.

   [[Page 34541]]

   (2) Default Motion..................... (ii) Personal delivery. (iii) Express-courier service that has receipt capability. (3) Answer............................. (i) Mail. (ii) Personal delivery. (iii) Express-courier service. (iv) Fax. (4) Any other fileddocument........... (i) Mail. (ii) Personal delivery. (iii) Express-courier service. (iv) Fax. (v) Other electronic means (at the discretion of the ALJ).

   Sec. 20.304 [Corrected]

2. On page 28065, correct paragraph ``(e)(i)'' to read ``(e)(1)''. * * * * *

   Dated: June 22, 1999. J E Shkor, Chief Counsel.

   [FR Doc. 99-16358Filed6-25-99; 8:45 am]

   BILLING CODE 4910-15-M