[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: 33CFR1.05-60]



[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. 1.05-60  Negotiated rulemaking.



    (a) The Coast Guard may establish a negotiated rulemaking committee 

under the Negotiated Rulemaking Act of 1990 and the Federal Advisory 

Committee Act (FACA) (5 U.S.C. App. 2) when it is in the public 

interest.

    (b) Generally, the Coast Guard will consider negotiated rulemaking 

when:

    (1) There is a need for a rule;

    (2) There are a limited number of representatives for identifiable 

parties affected by the rule;

    (3) There is a reasonable chance that balanced representation can be 

reached in the negotiated rulemaking committee and that the committee 

members will negotiate in good faith;

    (4) There is a likelihood of a committee consensus in a fixed time 

period;

    (5) The negotiated rulemaking process will not unreasonably delay 

the rule;

    (6) The Coast Guard has resources to do negotiated rulemaking; and

    (7) The Coast Guard can use the consensus of the committee in 

formulating the NPRM and final rule.