[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: 33CFR1.05-55]



[Page 15]

 

                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. 1.05-55  Direct final rule.



    (a) A direct final rule may be issued to allow noncontroversial 

rules that are unlikely to result in adverse public comment to become 

effective more quickly.

    (b) A direct final rule will be published in the Federal Register 

with an effective date that is generally at least 90 days after the date 

of publication.

    (c) The public will usually be given at least 60 days from the date 

of publication in which to submit comments or notice of intent to submit 

comments.

    (d) If no adverse comment or notice of intent to submit an adverse 

comment is received within the specified period, the Coast Guard will 

publish a notice in the Federal Register to confirm that the rule will 

go into effect as scheduled.

    (e) If the Coast Guard receives a written adverse comment or a 

written notice of intent to submit an adverse comment, the Coast Guard 

will publish a notice in the final rule section of the Federal Register 

to announce withdrawal of the direct final rule. If an adverse comment 

clearly applies to only part of a rule, and it is possible to remove 

that part without affecting the remaining portions, the Coast Guard may 

adopt as final those parts of the rule on which no adverse comment was 

received. Any part of a rule that is the subject of an adverse comment 

will be withdrawn. If the Coast Guard decides to proceed with a 

rulemaking following receipt of an adverse comment, a separate Notice of 

Proposed Rulemaking (NPRM) will be published unless an exception to the 

Administrative Procedure Act requirements for notice and comment 

applies.

    (f) A comment is considered adverse if the comment explains why the 

rule would be inappropriate, including a challenge to the rule's 

underlying premise or approach, or would be ineffective or unacceptable 

without a change.



[CGD 94-105, 60 FR 49224, Sept. 22, 1995]