1. 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

2. 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

3. 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.

4. 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 M )
Marine Safety and Security Council: Development and Review of Rulemaking Documents (COMDINST )

5. 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

6. 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

7. 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).

8. 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

9. Law & USCG Policy

10. Law & USCG Policy

11. Law & USCG Policy

12. Law & USCG Policy

13. Law & USCG Policy

14. 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.

15. 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)

16. 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

17. 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

18. U.S. Coast Guard Regulatory Development
Questions?