U.S. Coast Guard Regulatory Development Mission: Timely publication of clear, effective, enforceable regulations with an emphasis on public participation. Presented by CG-5231 and CG-0943 National Boating Safety Advisory Council 85th Meeting April 15, 2010

U.S. Coast Guard Regulatory Development Governed by Law LAW & POLICY Administrative Procedure Act Marine Safety & Security Council USCG Rulemaking Authorities NBSAC in USCG Rulemaking Significant v. Non-Signifcant Rulemakings OIRA & Reginfo.gov Ex Parte Communications Regulatory Analyses ECONOMIC ANALYSIS Purpose Regulatory Analysis Benefits and Costs “Small Business Impacts” Collection of Information Burden

Law & USCG Policy Administrative Procedure Act (codified at 5 U.S.C. § 551 et seq.) Notice: Time, place, nature of public rulemaking proceedings Legal authority Text or substance of the proposed rule, or description of subjects and issues involved Opportunity for interested persons to participate Consideration of relevant matter presented (including public comments and submissions) Concise general statement of basis and purpose of the final rule Delayed-effective date of at least 30 days.

Law & USCG Policy Marine Safety and Security Council (MSSC) MSSC provides oversight of the regulatory development program. Permanent MSSC members are: The Judge Advocate General (CG-094), MSSC Chairman Assistant Commandant for Marine Safety, Security & Stewardship (CG-5) Director of Commercial Regulations & Standards (CG-52) Director of Prevention Policy Directorate (CG-54) MSSC oversees the preparation and issuance of Coast Guard procedural documents setting forth guidance and policy for the Regulatory Development Program Preparation of Regulations (COMDTINST M16703.1) http://www.uscg.mil/directives/cim/16000-16999/CIM_16703_1.pdf Marine Safety and Security Council: Development and Review of Rulemaking Documents (COMDINST 16703.2) http://www.uscg.mil/directives/ci/16000-16999/CI_16703_2.pdf

Law & USCG Policy Rulemaking Authority for Boating Safety Projects 46 U.S.C Chapter 43 – Recreational Vessels Regulations “establishing minimum safety standards for recreational vessels and associated equipments” Regulations “requiring the installation, carrying, or use of associated equipment” Regulations “requiring or permitting the display of seals, labels, plates, insignia, or other devices for certifying or evidencing compliance with safety regulations and standards” 46 U.S.C. § 4302 Generally, “a State or political subdivision of a State may not establish, continue in effect, or enforce a law or regulations establishing a recreational vessel or associated equipment performance or other safety standard or imposing a requirement for associated equipment . . . that is not identical to a regulation prescribed under section 4302 of this title.” 46 U.S.C. § 4306

Law & USCG Policy Rulemaking Authority for Boating Safety Projects (cont) 46 U.S.C. Chapter 61 – Reporting Marine Casualties Regulations “on the marine casualties to be reported and the manner of reporting Regulations “for a uniform State marine casualty reporting system for vessels” 46 U.S.C. Chapter 123 – Numbering Undocumented Vessels Regulations prescribing “a standard numbering system” 46 U.S.C. Chapter 131 – Recreational Boating Safety Regulations to “establish guidelines and standards” for a national recreational boating safety program

Law & USCG Policy NBSAC in USCG Rulemaking The Coast Guard must “consult with the National Boating Safety Advisory Council” about: “the need for and the extent to which regulations will contribute to recreational vessel safety;” “relevant available recreational vessel safety standards, statistics, and data, including public and private research, development, testing, and evaluation;” and requiring compliance or performance, to avoid a substantial risk of personal injury to the public, that the Secretary considers appropriate in relation to the degree of hazard that the compliance will correct, subject to that limitation [of not compelling substantial alteration of existing recreational vessels or associated equipment. 46 U.S.C § 4302 (c).

Law & USCG Policy Executive Order 12866 & Administration Review Economically Significant Rulemakings Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; “Other” Significant Rulemakings Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or Raise novel legal or policy issues arising out of the legal mandates, the President’s priorities, or the principles set forth in EO 12866 OIRA Review = 90 calendar www.reginfo.gov

Law & USCG Policy

Law & USCG Policy

Law & USCG Policy

Law & USCG Policy

Law & USCG Policy

Law & USCG Policy Ex Parte Communications Ex Parte communication = “an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports . . . .” 5 U.S.C. 551(14). Coast Guard policy severely restricts ex parte communications about rulemaking projects. See Preparation of Regulations, pp.6-4—6-5. This includes any information about any rulemaking timeline that is not already available in the Semi-Annual Unified Agenda.

Law & USCG Policy Regulatory Analysis Regulatory Planning and Review (EO 12866) Small Entities (Regulatory Flexibility Act; Small Business Regulatory Enforcement Fairness Act of 1996) Collection of Information (Paperwork Reduction Act of 1995) Federalism (EO 13132) Unfunded Mandates Reform Act of 1995 Indian Tribal Governments (EO 13175) Technical Standards (National Technology Transfer and Advancement Act) Environment (National Environmental Policy Act of 1969)

Economic Analysis Purpose Prepare Regulatory Analysis that conforms to: All Applicable Laws, such as: Regulatory Flexibility Act Paperwork Reduction Act Executive Orders, such as EO 12866 Circular A-4 DHS Guidance Evaluate economic significance of regulatory action

Economic Analysis (cont) Regulatory Analysis (RA) Informs public of the economic effects of the regulatory action and its proposed alternatives Benefits and Costs Quantitative & Qualitative Data “Small Business Impacts” (RFA) Collection of Information Burden Regulatory Analysis must be Objective, Reproducible, Transparent

U.S. Coast Guard Regulatory Development Questions?