[Federal Register Volume 62, Number 138 (Friday, July 18, 1997)]
[Rules and Regulations]
[Pages 38478-38479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18986]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1-289]


Organization and Delegation of the 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 is delegating to the 
Commandant, United States Coast Guard, the authority contained in the 
Coast Guard Authorization Act of 1996. The Secretary is also delegating 
the authority pertaining to: benefits for Coast Guard members being 
separated or recently separated; procurement for Coast Guard family 
housing and long term lease authority; and rewards for MARPOL 
informants.

DATES: July 18, 1997.

FOR FURTHER INFORMATION CONTACT:
Ms. Gwyneth Radloff, Office of the 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 (Act). The Act authorizes and directs actions 
by the Secretary, on behalf of the Coast Guard. This rule amends 49 CFR 
1.46, by adding a new paragraph (iii) to reflect the delegation of the 
Secretary's authority under the Coast Guard Authorization Act of 1996.
    The National Defense Authorization Bill of Fiscal Year 1995, Pub. 
L. 103-337, contained an amendment to 10 U.S.C. Chapter 58. Chapter 58 
pertains to the Secretary's authorization regarding benefits and 
services for members of the Coast Guard that are being separated or 
have recently been separated. This rule amends 49 CFR 1.46 by adding a 
new paragraph (jjj) to reflect the delegation of the Secretary's 
authority under the National Defense Authorization Bill of Fiscal Year 
1995 (10 U.S.C. Chapter 58).
    14 U.S.C. 670 authorizes the Secretary to procure real property or 
real property interests for use as Coast Guard family housing units. 14 
U.S.C. 672 authorizes the Secretary to enter into lease agreements for 
navigation and communication systems sites. This rule amends 49 CFR 
1.46 by adding a new paragraph (kkk) to reflect the delegation of the 
Secretary's authority under 14 U.S.C. 670 and 14 U.S.C. 672.
    33 U.S.C. 1908(b) authorizes the Secretary to pay up to one-half of 
the civil penalties assessed for violations of the MARPOL Protocol, 
Annex IV to the Antarctic Protocol, or regulations issued thereunder, 
to persons that provide information leading to assessment of those 
penalties. This rule amends 49 CFR 1.46 by adding a new paragraph (lll) 
to reflect the delegation of the Secretary's authority under 33 U.S.C. 
1908(b).
    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, and the fulfillment of statutory and regulatory 
obligations, 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 
(iii), (jjj), (kkk), and (lll) to read as follows:


Sec. 1.46  Delegations to Commandant of the Coast Guard.

* * * * *
    (iii) Carry out the functions and responsibilities and exercise the 
authorities vested in the Secretary by the Coast Guard Authorization 
Act of 1996, Pub. L. 104-324.
    (jjj) Carry out the functions and responsibilities and exercise the 
authorities vested in the Secretary by the National Defense 
Authorization Bill of Fiscal Year 1995, Pub. L. 103-337, pertaining to 
benefits for Coast Guard members that are being separated or

[[Page 38479]]

have recently been separated (10 U.S.C. Chapter 58).
    (kkk) Carry out the functions and responsibilities and exercise the 
authorities vested in the Secretary by 14 U.S.C. 670 pertaining to 
procurement authority for Coast Guard family housing and by 14 U.S.C. 
672 pertaining to long-term lease authority for navigation and 
communications systems sites.
    (lll) Carry out the functions and responsibilities and exercise the 
authorities vested in the Secretary by 33 U.S.C. 1908(b), that pertain 
to payments of civil penalties assessed for violations of the MARPOL 
Protocol, Annex IV to the Antarctic Protocol, or regulations issued 
thereunder, to persons who provide information leading to the 
assessment of such penalties.

    Issued at Washington, DC, this 8th day of July, 1997.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 97-18986 Filed 7-17-97; 8:45 am]
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