[Federal Register Volume 62, Number 79 (Thursday, April 24, 1997)]
[Rules and Regulations]
[Pages 19935-19936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10658]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1-287]


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

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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

SUMMARY: The Secretary of Transportation is delegating to the 
Commandant, United States Coast Guard, the authority contained in 46 
U.S.C. 3203-3205 and 46 U.S.C. 3103. This authority pertains to the 
approval, certification, and enforcement of safety management systems 
for vessels engaged in foreign trade, and to the Secretary's reliance 
on reports, documents and records of other persons determined to be 
reliable by the Secretary, and other methods determined to be reliable 
by the Secretary, as evidence of compliance with Title 46, subtitle II. 
In order that the Code of Federal Regulations reflect this delegation, 
a change is necessary.

DATES: April 24, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Gauvin, Operating and 
Environmental Standards (G-MSO),

[[Page 19936]]

U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 20593, (202) 
267-1053; or Ms. Gwynneth Radloff, Office of General Counsel, C-50, 
(202) 366-9305 Department of Transportation, 400 Seventh Street, SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Public Law 104-324 is the Coast Guard 
Authorization Act of 1996 (the Act). Section 602 of the Act, amends 
Title 46 by adding sections 3203-3205. Section 3203 requires the 
Secretary of Transportation to prescribe regulations that establish a 
safety management system consistent with the International Management 
Code for the Safe Operation of Ships and for Pollution Prevention under 
chapter IX of the Annex to the International Convention for the Safety 
of Life at Sea, 1974, as amended (International Safety Management 
Code). Section 3204 requires the Secretary to review and approve safety 
management plans. Section 3205 requires the Secretary to issue safety 
management certificates and documents of compliance, and verify and 
enforce compliance with the safety management system. This section also 
requires the Secretary to conduct a study and submit a report to the 
Congress on the methods that may be used to implement and enforce the 
International Safety Management Code. This rule amends 49 CFR 1.46 by 
adding new paragraph (fff) to reflect the delegation of the Secretary's 
authority under 46 U.S.C. 3202, 3204, and 3205.
    Section 603 of the Act (46 U.S.C. 3103), authorizes the Secretary 
to rely on reports, documents, and records of other persons determined 
by the Secretary to be reliable, and other methods determined by the 
Secretary to be reliable, as evidence of compliance with title 46, 
subtitle II. This rule amends 49 CFR 1.46 by adding new paragraph (ggg) 
to reflect the delegation of the Secretary's authority under 46 U.S.C. 
3103.
    Since this amendment relates to departmental management, 
organization, procedure, and practice, notice and comment on it are 
unnecessary under 5 U.S.C. 553(b). Further, since the amendment 
expedites the Coast Guard's ability to meet the needs of the U.S. 
maritime industry, the Secretary finds good cause under 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, 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 1.46 is amended by adding the following paragraphs (fff) 
and (ggg) to read as follows:


Sec. 1.46  Delegations to Commandant of the Coast Guard.

* * * * *
    (fff) Carry out the functions and responsibilities and exercise the 
authorities vested in the Secretary by 46 U.S.C. 3203-3205 (safety 
management system, implementation of safety management system, and 
certification), that pertain to the approval, certification, and 
enforcement of safety management systems for vessels engaged in foreign 
trade.
    (ggg) Carry out the functions and exercise the authorities vested 
in the Secretary by 46 U.S.C. 3103 to rely on reports, documents, and 
records of other persons determined by the Secretary to be reliable, 
and other methods determined by the Secretary to be reliable, as 
evidence of compliance with title 46, subtitle II (46 U.S.C. 3103).

    Issued at Washington, DC this 15th day of April 1997.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 97-10658 Filed 4-23-97; 8:45 am]
BILLING CODE 4310-62-P