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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Admiral Robert J. Papp Jr. Commandant U.S. Coast Guard MSSC Chairman's Perspective The Marine Safety & Security Council of the United States Coast Guard Rear Admiral Frederick J. Kenney Judge Advocate General Chairman Mr. Jeff Lantz Director of Commercial Regulations and Standards Member Rear Admiral Cari B. Thomas Assistant Commandant for Response Policy Member Rear Admiral Joseph Servidio Assistant Commandant for Prevention Policy Member Rear Admiral Stephen Metruck Assistant Commandant for Resources, Chief Financial Officer Member Rear Admiral Steven Poulin Director for Governmental and Public Affairs Member Captain Paul Thomas Director of Inspections and Compliance Member Mr. Craig Bennett Director of National Pollution Funds Center Member Mr. Dana A. Goward Director of Marine Transportation Systems Management Member Ms. Mary Landry Director of Incident Management and Preparedness Policy Member Commander Michael Cavallaro Executive Secretary Ms. Kathryn Sinniger Legal Advisor 4 by REAR ADMIRAL FREDERICK J. KENNEY U.S. Coast Guard Judge Advocate General As Thomas Jefferson wrote in the Declaration of Independence: "… Governments are instituted among Men, deriving their just powers from the consent of the governed." In order for a regulatory regime to derive its power from the consent of those regulated, it must be participatory, transparent, and allow the community to express views and ideas so that regulators can consider and act on them. This is particularly true when regulating the safety, security, and environmental protection standards for shipping, fishing, and boating — industries that form critical components of the U.S. economy and our way of life. The Administrative Procedure Act, enacted in 1948, defines the minimum standards for participatory rulemaking. Subsequently, several presidents and Congress have expanded those requirements to ensure accessible opportunities to participate in the regulatory process. Having just finished its 70th year of continuous existence, the Coast Guard's Marine Safety and Security Council (MSSC), known as the Merchant Marine Council when formed in 1942, has been in the vanguard of ensuring that the voices of the regulated community are heard and considered as new standards are developed and implemented. My personal experience with the MSSC runs the entire course of my 32-year Coast Guard career, starting when I was a fresh ensign assigned to the staff of the Marine Safety Council from 1981 to 1983, through my role as chairman today. Through its oversight of the Coast Guard's regulatory function, the MSSC prioritizes regulatory initiatives, monitors and directs improvements to the regulatory process, and serves as the Commandant's senior advisory panel on regulatory matters. Through publication of the Proceedings, whose first issue appeared in 1944, the MSSC provides industry and the regulated public with a user-friendly way to keep abreast of current issues of interest. This issue of Proceedings provides the reader with an informative history of the roles and functions of the MSSC, reinforces the Coast Guard's need for public participation in our rulemaking process, and provides helpful hints and tools on how one can become more involved in the process. With your participation in the rulemaking process, the quality and beneficial impact of the regulations the Coast Guard issues continually improves. If you have not participated in the rulemaking process before, I hope this issue will spur your interest. Proceedings Winter 2012 | Spring 2013 www.uscg.mil/proceedings

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