Organization, functions, and authority delegations: Commandant, U.S. Coast Guard and Administrator, Maritime Administration,

[Federal Register: July 8, 1999 (Volume 64, Number 130)]

[Rules and Regulations]

[Page 36801-36802]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08jy99-11]

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1-300]

Organization and Delegation of Powers and Duties; Delegations to the Commandant, United States Coast Guard and Administrator, Maritime Administration

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Secretary of Transportation delegates to the Commandant, United States Coast Guard, authority to implement new ownership requirements for eligibility of vessels measuring less than 100 feet to receive a fishery endorsement to operate in certain fisheries. The Secretary also delegates the authority to assess penalties for fishery endorsement violations to the Commandant, United States Coast Guard. The authority to issue and implement regulations for vessels 100 feet and greater is delegated to the Administrator, Maritime Administration. This rule adds two new paragraphs to 49 CFR 1.46 and 1.66 to reflect these delegations of authority.

EFFECTIVE DATE: July 8, 1999.

FOR FURTHER INFORMATION CONTACT: Richard Weaver, Chief, Division of Management and Organization, Maritime Administration, MAR-318, Room 7301, 400 Seventh Street, SW., Washington, DC 20590; or Ms. Blane Workie, Office of the General Counsel, C-50, (202) 366-9314, Department of Transportation, 400 Seventh Street SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The American Fisheries Act (Public Law 105- 277) (``the Act'') amends current law regarding the ownership requirements for eligibility of a vessel to receive a fishery endorsement to operate in certain fisheries and under certain terms and conditions. The Secretary delegates to the Coast Guard the authority to issue and administer regulations implementing the new requirements for vessels measuring less than 100 feet. Regulations affecting vessels measuring 100 feet and greater will be developed and administered by the Maritime Administration. The Act requires the publication of these regulations by April 1, 2000.

The Act also outlines procedures for implementation and penalties for non-compliance. The Secretary delegates to the Coast Guard the authority to assess penalties for willful noncompliance with the new requirements under the American Fisheries Act because the Coast Guard has current authority, resources, and expertise to assess penalties.

The delegations should be made to the Commandant and to the Maritime Administrator as provided in this amendment to 49 CFR part 1 because the Coast Guard and the Maritime Administration have the requisite expertise, capability, and responsibility for the duties prescribed in the American Fisheries Act. Indeed, the Coast Guard is currently administering documentation requirements for vessels under 100 feet and has resources in place to effectively carry out the American Fisheries Act. Additionally, the Maritime Administration has a long history of administering certain maritime laws that require detailed scrutiny of ownership and control issues as they relate to U.S. citizenship requirements. The Maritime Administration's oversight of the new requirements for vessels 100 feet and greater is a natural extension of its current administration of citizenship enforcement.

We publish this rule as a final rule, effective on the date of publication. Since this amendment relates to departmental management, organization, procedure and practice, notice and comment are unnecessary under 5 U.S.C. 553(b). Further, since the

[[Page 36802]]

amendment expedites the ability of the Coast Guard and the Maritime Administration to ensure that vessels meet new eligibility requirements for fishery endorsements, the Secretary finds good cause under 5 U.S.C. 553(b) and 5 U.S.C. 553(d)(3) for the final rule to be effective on the date of publication in the Federal Register.

List of Subjects in 49 CFR Part 1

Authority delegations (Government agencies), Organization and functions (Government agencies).

In consideration of the foregoing, amend part 1 of title 49, Code of Federal Regulations, to read as follows:

PART 1--[AMENDED]

1. The authority citation for part 1 continues to read as follows:

   Authority: 49 U.S.C. 322; Pub. L. 101-552, 28 U.S.C. 2672, 31 U.S.C. 3711(a)(2).

2. Amend section 1.46, by adding new paragraph (sss), to read as follows:

   Sec. 1.46 Delegations to Commandant of the Coast Guard.

   * * * * *

   (sss) Carry out the functions and exercise the authorities vested in the Secretary by sections 203(b), 203(d), and 213(g) of division c, title II, Public Law 105-277, which relate to ownership and control requirements for vessel fishery endorsements for vessels measuring less than 100 feet; and by 203(f) of division c, title II, Public Law 105- 277.

3. Amend section 1.66, by adding new paragraph (dd), to read as follows:

   Sec. 1.66 Delegations to Maritime Administrator.

   * * * * *

   (dd) Carry out the functions and exercise the authorities vested in the Secretary by sections 202(b), 203(b), 203(g), and 213(g) of division c, title II, Public Law 105-277, which relate to ownership and control requirements for vessel fishery endorsements for vessels measuring 100 feet and greater.

   Issued in Washington, DC this 28th day of June, 1999. Rodney E. Slater, Secretary of Transportation.

   [FR Doc. 99-17306Filed7-7-99; 8:45 am]

   BILLING CODE 4910-62-P