Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.1.05–60 Negotiated rulemaking

(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.