[Federal Register Volume 60, Number 146 (Monday, July 31, 1995)]
[Rules and Regulations]
[Pages 38970-38971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18499]



=======================================================================
-----------------------------------------------------------------------

[[Page 38971]]


DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1]


Organization and Delegation of Powers and Duties; Transfer of 
Delegation From Coast Guard to Saint Lawrence Seaway Development 
Corporation

AGENCY: Office of the Secretary, DOT.

ACTION: Interim final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard's responsibility for administering the 
Secretary's functions under the Great Lakes Pilotage Act of 1960, as 
amended, and the Secretary's authority to enter into, revise, or amend 
arrangements with Canada, are being transferred to the Saint Lawrence 
Seaway Development Corporation. This rule amends the delegations to be 
in accordance with the changed responsibilities. The rule is necessary 
to reflect the delegations in the Code of Federal Regulations.

DATES: This rule becomes effective October 30, 1995; comments must be 
received on or before September 29, 1995. Late-filed comments will be 
considered only to the extent practicable.

ADDRESSES: All signed, written comments should be sent, preferably in 
triplicate, to the Docket Clerk, OST Docket No. 1, United States 
Department of Transportation, 400 7th Street SW., Room PL-401, 
Washington, DC 20590. Comments will be available for inspection at this 
address from 9 a.m. to 5:30 p.m., Monday through Friday. Commenters who 
wish the receipt of their comments to be acknowledged should include a 
stamped, self-addressed postcard with their comments. The Docket Clerk 
will date-stamp the postcard and mail it back.

FOR FURTHER INFORMATION CONTACT: Steven B. Farbman, Office of the 
Assistant General Counsel for Regulation and Enforcement (202) 366-
9306, United States Department of Transportation, 400 7th Street SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The Coast Guard's responsibility for 
administering the Secretary's functions under the Great Lakes Pilotage 
Act of 1960, as amended, (the Act) is being transferred to the Saint 
Lawrence Seaway Development Corporation (SLSDC). This rule amends the 
delegations to be in accordance with the changed responsibilities. The 
functions that are being transferred are considered to have economic 
effects and include the following: (1) Investigation and prosecution of 
violations of the Act; (2) registration, qualification, and training of 
registered pilots; (3) association working rules and dispatching 
procedures; (4) pilot working conditions; (5) selection of pilots; (6) 
number of pilots; (7) availability of pilots; (8) number of pilotage 
pools; (9) articles of association; (10) auditing; and (11) ratemaking. 
The licensing of pilots and the investigation and prosecution of marine 
accidents and incidents are essential Coast Guard safety functions that 
are separate from the Act and Great Lakes Pilotage regulations. These 
functions will remain with the Coast Guard.
    In response to pilot concerns, transfer of economic pilotage 
responsibilities to the SLSDC will place pilotage under permanent 
civilian authority, and placing pilotage in a smaller organization with 
an established presence on the Great Lakes will give pilotage issues 
greater visibility and more timely attention. In addition, SLSDC is 
being given authority to negotiate directly with Canada, which will 
allow timely adjustments to pilotage rates. The lack of timely 
adjustments has been a subject of past pilot criticism.
    The Secretary's authority to enter into, revise, or amend 
arrangements with Canada is being delegated to SLSDC Administrator in 
coordination with the General Counsel of the Department of 
Transportation. A Memorandum of Arrangements between the United States 
and Canada, last renegotiated in 1977, states that the Secretary and 
the Minister of Transport of Canada ``will arrange for the 
establishment of regulations imposing identical rates, charges, and any 
other conditions or terms for services of pilots in the waters of the 
Great Lakes. * * *'' In 1983, the Act was amended to provide that the 
``Secretary, subject to the concurrence of the Secretary of State, may 
make agreements with the appropriate agency of Canada to * * * 
prescribe joint or identical rates and charges * * *.''
    Since this rule relates to departmental management, organization, 
procedure, and practice, notice and public comment are unnecessary. 
Nevertheless, because of Congressional and public interest in Great 
Lakes Pilotage, the Department is opening a public docket for this rule 
and providing 60 days for the receipt of public comment. We will 
consider any new matters presented to us during the 60-day comment 
period. We will make revisions to this rule if we believe they are 
warranted. Unless rescinded by a subsequent publication in the Federal 
Register, the interim final rule will go into effect on October 30, 
1995. If the delegation to SLSDC becomes effective, we will publish a 
final rule that will redesignate those portions of the Coast Guard's 
Great Lakes Pilotage regulations that are necessary for SLSDC to carry 
out its responsibilities under the Act.

List of Subjects in 49 CFR Part 1

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

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).


Sec. 1.46  [Amended]

    2. Section 1.46(a) is removed and reserved.
    3. Section 1.52 is amended by adding new paragraphs (d) and (e) to 
read as follows:


Sec. 1.52  Delegations to Saint Lawrence Seaway Development Corporation 
Administrator.

* * * * *
    (d) Carry out the Great Lakes Pilotage Act of 1960, as amended, (46 
U.S.C. 9301 et seq.).
    (e) Under the 1977 Memorandum of Arrangements with Canada and the 
Great Lakes Pilotage Act of 1960, as amended in 1983 (46 U.S.C. 9305), 
enter into, revise, or amend arrangements with Canada in coordination 
with the General Counsel.

    Issued at Washington, DC this 20th day of July, 1995.
Federico Pena,
Secretary of Transportation.
[FR Doc. 95-18499 Filed 7-28-95; 8:45 am]
BILLING CODE 4910-62-P