Proceedings Of The Marine

SPR 2013

Proceedings magazine is a communication tool for the Coast Guard's Marine Safety & Security Council. Each quarterly magazine focuses on a specific theme of interest to the marine industry.

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5 U.S.C. § 553. Rule making. (c) After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. Public Participation is Essential for Effective Rulemaking Unlike jury trials, we did not adopt informal rulemaking from the British. It's an American invention of participatory democracy. You won't receive a summons for rulemaking duty, and technology may not make the problems a rulemaking seeks to solve less complex, but does make docket material more accessible to the public and makes it easier to submit comments and become active participants in the rulemaking process. About the author: Mr. Jim McLeod has been an attorney advisor in the OfÀce of Regulations and Administrative Law since April 2001. He previously conducted a general law practice in the District of Columbia with a focus on criminal trial and appellate work, and most recently was appointed as a special assistant U.S. Attorney on an environment crimes case involving Coast Guard regulations. He obtained a B.S. in biology from the College of William and Mary, a J.D. from Vermont Law School, and an L.LM in law and government from American University's Washington College of Law. Endnotes: 1. See 17 FR 5665, June 24, 1952, Vessel Inspection Regulations. We currently use the term "public meeting" to avoid suggesting to someone that a rulemaking may be governed by APA trial-type procedures requiring agency hearings on the record. See 5 U.S.C. 553 (c). ("When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection.") 52 Proceedings Winter 2012 | Spring 2013 55 FR 44738, 57773, October 29, 1990, UniÀed Agenda. The 11 components were: U.S. Coast Guard, Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, National Highway TrafÀc Safety Administration, Federal Transit Administration, Saint Lawrence Seaway Development Corporation, Bureau of Transportation Statistics, Research and Special Programs Administration, U.S. Maritime Administration, and OfÀce of the Secretary. 3. The APA deÀnes "agency" as (1) ''each authority of the Government of the United States, whether or not it is within or subject to review by another agency. …" See 5 U.S.C. 551 (1). The Coast Guard, which is within the Department of Homeland Security, is referred to as a sub-cabinet agency, not a sub agency. 4. Two other websites may also be of assistance to those seeking to participate in the rulemaking process. Twice a year, each federal agency describes the status of its ongoing rulemaking projects. These entries appear in, where you can search for a project by its title or regulation identiÀer number, and another excellent online source for reviewing proposed rules is If you want to see a copy of a law, regulation, or Federal Register publication, simply cut and paste the citation. 2. For More Information: visit:

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