---
kind: "section"
citation: "33 C.F.R. § 1.05-60"
title: "33"
number: "1.05-60"
heading: "Negotiated rulemaking."
url: "https://uscodex.org/cfr/33/1.05-60"
---

# §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.**

## Notes

### Authority

Authority: 5 U.S.C. 552, 553, App. 2; 14 U.S.C. 102, 502, 503, 505; 33 U.S.C. 471, 499; 49 U.S.C. 101, 322; Department of Homeland Security Delegation No. 0170.1.

### Source

Source: CGD 95-057, 60 FR 34148, June 30, 1995, unless otherwise noted.