[Federal Register Volume 62, Number 48 (Wednesday, March 12, 1997)]
[Rules and Regulations]
[Pages 11382-11383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6175]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[(OST) Docket No. 1; Amdt. 1-284]


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

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: This rule revises in part the delegations of Secretarial 
authority

[[Page 11383]]

under the Deepwater Port Act of 1974, as amended. The Secretary 
reserves the authority to issue, amend, or transfer a deepwater port 
license. The rule delegates certain functions under the Act to the 
Administrator of the Maritime Administration and provides for 
coordination between the Maritime Administration and the United States 
Coast Guard in processing applications for licenses for construction 
and operation of deepwater ports. The rule also delegates to the 
Commandant of the Coast Guard additional Secretarial authority under 
the Oil Pollution Act of 1990. The rule does not change the previous 
delegation of Deepwater Port Act authority to the Administrator of the 
Research and Special Programs Administration.

EFFECTIVE DATE: This rule is effective March 12, 1997.

FOR FURTHER INFORMATION CONTACT: Paul B. Larsen, Office of the 
Assistant General Counsel for Environmental, Civil Rights, and General 
Law at (202) 366-9161 Department of Transportation, 400 7th Street SW., 
Washington, DC 20590.
SUMMARY INFORMATION: This rule revises the Secretary's delegations of 
authority under the Deepwater Port Act, as amended. The Secretary 
reserves the authority to issue, amend, or transfer a license for the 
construction and operation of a deepwater port (33 U.S.C. 1503(b)). The 
rule provides for effective service to the public through coordination 
between the Administrator of the Maritime Administration (MARAD) and 
the Commandant of the United States Coast Guard for the processing of 
applications for the issuance, transfer, or amendment of a license for 
the construction and operation of a deepwater port. The Secretary 
delegates to the Administrator of MARAD several authorities under the 
Deepwater Port Act which the Secretary had previously reserved in 46 
CFR 1.44(o).
    The rule also delegates to the Commandant of the Coast Guard the 
Secretary's authority under the Oil Pollution Act of 1990 to prescribe 
regulations to lower the liability limits of deepwater ports (33 U.S.C. 
2704(d)(2)(C)).
    The rule does not change the Secretary's previous delegation of 
Deepwater Port Act authority to the Administrator of the Research and 
Special Programs Administration in 49 CFR 1.53(a)(3) for establishment, 
enforcement, and review of regulations concerning the safe 
construction, operation or maintenance of pipelines on Federal lands 
and the Outer Continental Shelf (33 U.S.C. 1520).
    Since this amendment is ministerial and relates only to 
departmental management, organization, procedure, and practice, it is 
exempt from prior notice and comment requirements under 5 USC 553 
(b)(3)(A). The Department has determined that notice and comment on it 
are unnecessary and impractical. The changes will not have substantive 
impact and the Department does not expect meaningful comments on them. 
Therefore there is good cause under 5 USC 553(d)(3) to make this rule 
effective in fewer than 30 days after 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).

    2. Section 1.44(o) is revised to read as follows:


Sec. 1.44  Reservation of authority.

* * * * *
    (o) Deepwater ports. The authority to issue, transfer, or amend a 
license for the construction and operation of a deepwater port (33 
U.S.C. 1503(b)).
* * * * *
    3. Section 1.46(s) is revised to read as follows:


Sec. 1.46  Delegations to Commandant of the Coast Guard.

* * * * *
    (s) Carry out the following powers and duties vested in the 
Secretary by the Deepwater Port Act of 1974, as amended (33 U.S.C. 
1501-1524):
    (1) The authority to process applications for the issuance, 
transfer or amendment of a license for the construction and operation 
of a deepwater port (33 U.S.C. 1503(b)) in coordination with the 
Administrator of the Maritime Administration.
    (2) Carry out other functions and responsibilities vested in the 
Secretary by the Deepwater Port Act of 1974, as amended (33 U.S.C. 
1501-1524), except as reserved by Sec. 1.44(o) and delegated by 
Secs. 1.53(a)(3) and 1.66(aa).
* * * * *
    4. Section 1.46(ll) is amended by inserting after the word 
``sections'', the phrase ``1004(d)(2)(C).''
    5. Section 1.66(aa) is added to read as follows:


Sec. 1.66  Delegation to Maritime Administrator.

* * * * *
    (aa) Carry out the following powers and duties vested in the 
Secretary by the Deepwater Port Act of 1974, as amended (33 U.S.C. 
1501-1524):
    (1) The authority to process applications for the issuance, 
transfer, or amendment of a license for the construction and operation 
of a deepwater port (33 U.S.C. 1503(bb)) in coordination with the 
Commandant of the Coast Guard.
    (2) Approval of fees charged by adjacent coastal States for use of 
a deepwater port and directly related land-based facilities (33 U.S.C. 
1504(h)(2)).
    (3) In collaboration with the Assistant Secretary for Aviation and 
International Affairs and the Assistant Secretary for Transportation 
Policy, consultation with the Secretary of State relating to 
international actions and cooperation in the economic, trade and 
general transportation policy aspects of the ownership and operation of 
deepwater ports (33 U.S.C. 1510).
    (4) Submission of notice of the commencement of a civil suit (33 
U.S.C. 1515(b)(2)).
    (5) Intervention in any civil action to which the Secretary is not 
a party (33 U.S.C. 15150).
    (6) Authority to request the Attorney General to seek the 
suspension or termination of a deepwater port license and to initiate a 
proceeding before the Surface Transportation Board (33 U.S.C. 1507, 
1511(a)).

    Issued in Washington, DC on March 3, 1997.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 97-6175 Filed 3-11-97; 8:45 am]
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