1625-0008 Stat/Authority

§ 1.01–85

33 CFR Ch. I (7–1–10 Edition)

(5) Acting to mitigate the damage to
the public health or welfare caused by
a discharge of oil or a hazardous substance.
(e) The authority described in paragraph (d) of this section does not include the authority to—
(1) Remove or destroy a vessel; or
(2) Take any other action that constitutes intervention under the Intervention on the High Seas Act [33 U.S.C.
1471, et seq.] or other applicable laws.
For purposes of this section, ‘‘intervention’’ means any detrimental action
taken against the interest of a vessel
or its cargo without the consent of the
vessel’s owner or operator.

§ 1.05–1 Delegation of rulemaking authority.
(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
the authority to develop and issue
those regulations necessary to implement laws, treaties and Executive Orders to the Assistant Commandant for
Marine Safety, Security and Stewardship (CG–5). The Commandant further
redelegates this same authority to the
Director, National Pollution Fund Center (Director, NPFC) for those regulations within the Director, NPFC area
of responsibility.
(1) The Assistant Commandant for
Marine Safety, Security, and Stewardship may further reassign the delegated authority of this paragraph to:
(i) Any Director within the CG–5 Directorate as appropriate; or
(ii) Any other Assistant Commandant
as appropriate.
(2) The authority redelegated in paragraph (d) of this section is limited to
those regulations determined to be
nonsignificant within the meaning of
Executive Order 12866.
(e)(1) The Commandant has redelegated to the Coast Guard District Commanders, with the reservation that this
authority must not be further redelegated except as specified in paragraph
(i) below, 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.

[CGD 91–225, 59 FR 66484, Dec. 27, 1994, as
amended by CGD 96–026, 61 FR 33662, June 28,
1996; CGD 97–023, 62 FR 33361, June 19, 1997;
USCG–2002–12471, 67 FR 41331, June 18, 2002]

§ 1.01–85

Redelegation.

Except as provided in § 1.01–80(e)(1)
and (2), each Coast Guard officer to
whom authority is granted in § 1.01–80
may redelegate and authorize successive redelegations of that authority
within the command under the officer’s
jurisdiction, or to members of the officer’s staff.
[CGD 91–225, 59 FR 66485, Dec. 27, 1994]

§ 1.01–90 Commissioned, warrant, and
petty officers.
Any commissioned, warrant, or petty
officer of the United States Coast
Guard may be authorized to carry out
the functions delegated to superior officials under §§ 1.01–1, 1.01–20, 1.01–30,
1.01–70, and 1.07–80, or redelegated
under § 1.01–85, within the jurisdiction
of the cognizant official. They will do
so under the supervision and general
direction of that official.
[CGD 91–225, 59 FR 66485, Dec. 27, 1994]

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Subpart 1.05—Rulemaking
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. 0170.1.
SOURCE: CGD 95–057, 60 FR 34148, June 30,
1995, unless otherwise noted.

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Coast Guard, DHS

§ 1.05–10

(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 must
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 Deputy Commandant for Operations (CG–DCO), and
the Assistant Commandant for Marine
Safety, Security and Stewardship, 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.
(h) The Chief, Office of Regulations
and Administrative Law (CG–0943), has
authority to develop and issue those
regulations necessary to implement all
technical, organizational, and conforming amendments and corrections
to rules, regulations, and notices.
(i) The Commandant has redelegated
to the Coast Guard District Commanders the authority to redelegate in
writing to the Captains of the Port
(COTP), with the reservation that this
authority must not be further redelegated, the authority to issue such special local regulations as the COTP
deems necessary to ensure safety of life
on the navigable waters immediately
prior to, during, and immediately after
regattas and marine parades.
(j) The Commandant has redelegated
to Coast Guard District Commanders
the authority to redelegate in writing
to the Coast Guard District Bridge
Chief, with the reservation that this
authority must not be further redelegated, the authority to issue temporary deviations from drawbridge op-

erating regulations as the District
Bridge Chief deems necessary.
[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;
USCG–2008–0179, 73 FR 35001, June 19, 2008;
USCG–2009–0416, 74 FR 27437, June 10, 2009;
USCG–2010–0351, 75 FR 36277, June 25, 2010]

§ 1.05–5 Marine Safety and Security
Council.
The Marine Safety and Security
Council, composed of senior Coast
Guard officials, acts as policy advisor
to the Commandant and is the focal
point of the Coast Guard regulatory
system. The Marine Safety and Security Council provides oversight, review,
and guidance for all Coast Guard regulatory activity.
[CGD 95–057, 60 FR 34148, June 30, 1995, as
amended by USCG–2003–15404, 68 FR 37740,
June 25, 2003]

§ 1.05–10 Regulatory process overview.
(a) Most rules of local applicability
are issued by District Commanders and
Captains of the Port, while rules of
wider applicability are issued by senior
Coast Guard officials at Coast Guard
Headquarters, For both significant
rulemaking (defined by Executive
Order 12866, Regulatory Planning and
Review) and non-significant rulemaking, other than those areas delegated to District Commanders and Captains of the Port, the regulatory process begins when an office chief with
program responsibilities identifies a
possible need for a new regulation or
for changes to an existing regulation.
The need may arise due to statutory
changes, or be based on internal review
or public input. Early public involvement is strongly encouraged.
(b) After a tentative significant regulatory approach is developed, a significant regulatory project proposal is submitted to the Marine Safety and Security Council for approval. The proposal
describes the scope of the proposed regulation, alternatives considered, and
potential cost and benefits, including
possible environmental impacts. All
significant regulatory projects require
Marine Safety and Security Council
approval.

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