TITLE 33 - NAVIGATION AND NAVIGABLE WATERS

CHAPTER I - COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

SUBCHAPTER A - GENERAL

PART 1 - GENERAL PROVISIONS

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 to the various office chiefs at U.S.

Coast Guard Headquarters, with the reservation that this authority shall not be further redelegated, the authority to develop and issue regulations necessary to implement laws, treaties, or Executive Orders associated with their assigned programs; issue amendments to existing regulations as necessary; and submit regulatory proposals for Marine Safety and Security Council consideration.

  (e)(1) The Commandant has redelegated to Coast Guard District Commanders, with the reservation that this authority shall not be further redelegated, 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.

  (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 shall 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 Assistant Commandant for Operations, and the Assistant Commandant for Marine Safety, Security and Environmental Protection, the authority to make the certification required by section 605(b) of the Regulatory Flexibility Act (Sec. 605(b), Pub. L. 96354, 94 Stat. 1168 (5 U.S.C. 605)) for rules that they issue.

[CGD 95057, 60 FR 34148, June 30, 1995, as amended by CGD 96026, 61 FR 33662, June 28, 1996; CGD 97023, 62 FR 33361, June 19, 1997; USCG200314505, 68 FR 9534, Feb. 28, 2003; USCG2003 15404, 68 FR 37740, June 25, 2003]