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DHS/USCG | RIN: 1625-AA59 | Publication ID: Fall 2008 |
Title: Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast Guard (USCG 1998-3472) | |
Abstract: The Coast Guard maintains two separate sets of procedural rules: (1) The administrative adjudication rules against merchant mariners' licenses, certificates of registry, and documents; and (2) those for the adjudication of class II civil penalties. The rules for suspension and revocation, contained in part 5 of title 46 of the Code of Federal Regulations (CFR), date from 1948, and are based on criminal procedure. The rules for class II civil penalties, contained in part 20 of title 33 of the CFR, date from 1994, and are based on the Model Rules of Administrative Procedure and on other modern rules for civil procedure. Neither set implements the authority of the Oil Pollution Act of 1990 (OPA 90), which provides for the temporary suspension of a license, certificate of registry, or document for up to 45 days without a hearing, in certain circumstances, and a hearing within 30 days of any such suspension. This rulemaking would consolidate all procedural rules for administrative adjudications for class II civil penalties, and allow the Coast Guard to promulgate regulations implementing the OPA 90 authority. This project supports the strategic goal of the Coast Guard to promote marine safety. It would also align our rules with the Coast Guard and Maritime Transportation Act of 2004. Market or Regulatory Failure Analysis: The Coast Guard is updating its rules of procedure in these areas to conform to statutory requirements and improve administrative due process. The justification of the regulation is improved functioning of government. | |
Agency: Department of Homeland Security(DHS) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 33 CFR 20 46 CFR 5 | |
Legal Authority: 46 USC 7701 and 7702 33 USC 1321 42 USC 9609 |
Legal Deadline:
None |
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Timetable:
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Additional Information: This rulemaking revises in part the previous docket of CGD 94-101, which was terminated on December 20, 1995. | |
Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: George Jordan Project Manager, CG-00J Department of Homeland Security U.S. Coast Guard 2100 Second Street SW., Washington, DC 20593-0001 Phone:202 372-4442 Email: george.j.jordan@uscg.mil |