[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34745-34746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16935]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1-277]


Organization and Delegation of Powers and Duties; Delegation to 
the Commandant, United States Coast Guard

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Secretary of Transportation has delegated to the 
Commandant, United States Coast Guard, the authority contained in 14 
U.S.C. 326 to remove an officer from active duty, and the authority in 
14 U.S.C. 256(b), to establish the promotion zone for rear admiral 
(lower half). The Code of Federal Regulations does not reflect these 
delegations; therefore, a change is necessary.

EFFECTIVE DATE: July 3, 1996.

FOR FURTHER INFORMATION CONTACT:
LCDR Michael Lehocky, Human Resources Directorate, (202) 267-1664, U.S. 
Coast Guard, 2100 Second Street, SW., Washington, DC 20593; LCDR 
Vincent DeLaurentis, Coast Guard Personnel Command, (202) 267-2883, 
U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 20593; or 
Ronald Gordon, Executive Secretariat, (202) 366-9761, Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Section 256(b) of Title 14, U.S. Code 
contains the Secretary's authority to establish the promotion zone for 
rear admirals. On September 16, 1986, then Secretary Elizabeth Dole 
delegated to the Commandant, United States Coast Guard, the Secretary's 
authority under 14 U.S.C. 256(b) to establish the promotion zone for 
rear admiral (lower half) provided that all captains eligible for 
consideration under the provisions of section 257(a)(5), Title 14, U.S. 
Code are placed in the zone. The necessary changes to the Code of 
Federal Regulations were never completed, however, and the current CFR 
sections relating to delegations still show this authority reserved to 
the Secretary of Transportation. (See 49 CFR 1.44(m)(3)).
    Title 14, U.S. Code, sections 321, 322, and 323 provide a three-
board (Determination Board, Board of Inquiry, and Board of Review) 
process to consider the record of a Coast Guard officer whose 
performance is substandard or whose record shows moral or professional 
dereliction. If the third board, the Board of Review, recommends 
separation of the officer, 14 U.S.C. 326 requires that recommendation 
to be forwarded to the Secretary for final action. On January 6, 1987, 
then Secretary Elizabeth Dole delegated the Secretary's authority under 
14 U.S.C. 326 to the Commandant of the Coast Guard. The necessary 
changes to the Code of Federal Regulations were never completed, 
however, and the current CFR sections relating to delegations still 
show this authority reserved to the Secretary of Transportation. (See 
49 CFR 1.44(m)(4)).
    This rule removes the reservations of authority in section 1.44 and 
adds specific delegations of authority to 49 CFR 1.46, thus amending 
the codification to correctly reflect secretarial delegations of 
authority to the Commandant of the Coast Guard.
    Since this amendment relates to departmental management, 
organization, procedure, and practice, notice and comment on it are 
unnecessary and it may be made effective in fewer than 30 days after 
publication in the Federal Register. Therefore, this final rule is 
effective upon 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, Part 1 of Title 49, Code of 
Federal Regulations, is amended 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).


Sec. 1.44  [Amended]

    2. Sections 1.44(m)(3) and 1.44(m)(4) are removed and reserved.


Sec. 1.46  [Amended]

    3. Section 1.46 is amended by adding new paragraphs (aaa) and (bbb) 
to read as follows:


Sec. 1.46  Delegations to Commandant of the Coast Guard.

* * * * *
    (aaa) Establish the promotion zone for rear admiral (lower half), 
provided all captains eligible for consideration under the provisions 
of section 257(a)(5), Title 14, U.S. Code, are placed in the zone.
    (bbb) Remove an officer from active duty under section 326, Title 
14, U.S. Code.


[[Page 34746]]


    Issued at Washington, DC, this 21st day of June 1996.
Federico F. Pena,
Secretary of Transportation.
[FR Doc. 96-16935 Filed 7-2-96; 8:45 am]
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