[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR1.05-1]



[Page 12]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 1_GENERAL PROVISIONS--Table of Contents

 

                         Subpart 1.05_Rulemaking

 

Sec. 1.05-1  Delegation of rulemaking authority.



    Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 2, 631, 632, and 

633; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of Homeland 

Security Delegation No. 0170.



    Source: CGD 95-057, 60 FR 34148, June 30, 1995, unless otherwise 

noted.





    (a) The Secretary of Homeland Security is empowered by various 

statutes to issue regulations regarding the functions, powers and duties 

of the Coast Guard.

    (b) The Secretary of Homeland Security has delegated much of this 

authority to the Commandant, U.S. Coast Guard, including authority to 

issue regulations regarding the functions of the Coast Guard and the 

authority to redelegate and authorize successive redelegations of that 

authority within the Coast Guard.

    (c) The Commandant has reserved the authority to issue any rules and 

regulations determined to be significant under Executive Order 12866, 

Regulatory Planning and Review.

    (d) The Commandant has redelegated to the various office chiefs at 

U.S. Coast Guard Headquarters, with the reservation that this authority 

shall not be further redelegated, the authority to develop and issue 

regulations necessary to implement laws, treaties, or Executive Orders 

associated with their assigned programs; issue amendments to existing 

regulations as necessary; and submit regulatory proposals for Marine 

Safety and Security Council consideration.

    (e)(1) The Commandant has redelegated to Coast Guard District 

Commanders, with the reservation that this authority shall not be 

further redelegated, the authority to issue regulations pertaining to 

the following:

    (i) Anchorage grounds and special anchorage areas.

    (ii) The designation of lightering zones.

    (iii) The operation of drawbridges.

    (iv) The establishment of Regulated Navigation Areas.

    (v) The establishment of safety and security zones.

    (vi) The establishment of special local regulations.

    (2) This delegation does not extend to those matters specified in 

paragraph (c) of this section or rules and regulations which have been 

shown to raise substantial issues or to generate controversy.

    (f) Except for those matters specified in paragraph (c) of this 

section, the Commandant has redelegated to Coast Guard Captains of the 

Port, with the reservation that this authority shall not be further 

redelegated, the authority to establish safety and security zones.

    (g) The Commandant has redelegated to Coast Guard District 

Commanders, Captains of the Port, the Assistant Commandant for 

Operations, and the Assistant Commandant for Marine Safety, Security and 

Environmental Protection, the authority to make the certification 

required by section 605(b) of the Regulatory Flexibility Act (Sec. 

605(b), Pub. L. 96-354, 94 Stat. 1168 (5 U.S.C. 605)) for rules that 

they issue.



[CGD 95-057, 60 FR 34148, June 30, 1995, as amended by CGD 96-026, 61 FR 

33662, June 28, 1996; CGD 97-023, 62 FR 33361, June 19, 1997; USCG-2003-

14505, 68 FR 9534, Feb. 28, 2003; USCG-2003-15404, 68 FR 37740, June 25, 

2003]