[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
[Rules and Regulations]
[Pages 59474-59475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29517]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1-296]


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 is delegating to the 
Commandant, United States Coast Guard, authority pertaining to the 
enforcement of various conservation statutes. These statutes include 
the Atlantic Coastal Fisheries Cooperative Management Act of 1993, 
Lacey Act Amendments of 1981, Endangered Species Act of 1973, Atlantic 
Tunas Convention Act of 1975, Eastern Pacific Tuna Licensing Act of 
1984, North Pacific Anadromous Stocks Convention Act of 1992, Pacific 
Salmon Treaty Act of 1985, Fur Seal Act of 1966, Antarctic Conservation 
Act of 1978, Antarctic Living Marine Resources Convention Act of 1984, 
North Pacific Halibut Act of 1982, High Seas Fishing Compliance Act of 
1995, and the Northwest Atlantic Fisheries Compliance Act of 1995. In 
order that the Code of Federal Regulations reflect this delegation, a 
change is necessary.

EFFECTIVE DATE: November 4, 1998.

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: The Secretary of Transportation, as 
Secretary of the Department in which the Coast Guard is operating, is 
authorized to enforce each of the above Acts. The Secretary of 
Transportation is delegating this authority under these Acts to the 
Commandant of the Coast Guard. Delegation of authority to enforce these 
statutes is necessary to allow the Coast Guard to enter into 
cooperative fishery enforcement agreements with the National Marine 
Fisheries Service and state agencies.
    In order to improve the speed and efficiency with which the Coast 
Guard can meet enforcement obligations, the Secretary is delegating 
authority to consult with other federal agencies or departments 
concerning the promulgation of regulations under the authority of the 
Eastern Pacific Tuna

[[Page 59475]]

Licensing Act, Pacific Salmon Treaty Act, and Antarctic Living Marine 
Resources Convention Act. For this same reason the Secretary is also 
delegating authority to promulgate regulations needed for enforcement 
of the Endangered Species Act.
    This rule amends 49 CFR 1.46 by adding a new paragraph to reflect 
the delegation of the Secretary's authority under the aforementioned 
Acts to the Commandant of the Coast Guard.
    Since this amendment relates to departmental management, 
organization, procedure, and practice, notice and comment are 
unnecessary under 5 U.S.C. 533(b). Furthermore, since this amendment 
expedites the Coast Guard's ability to meet the needs of its 
conservation and enforcement obligations, the Secretary for good cause 
finds, under 5 U.S.C. 553(d)(3), that notice, and public procedure on 
notice, before the effective date of this rule are unnecessary, and 
that this rule should be made effective on the date of publication.

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. In Sec. 1.46, paragraph (ppp) is added to read as follows:


Sec. 1.46  Delegations to the Commandant of the Coast Guard.

* * * * *
    (ooo) Carry out the functions and exercise the authority vested in 
the Secretary by the following statutes:
    (1) 16 U.S.C. 5106(h), relating to authorization of a person to 
enforce a moratorium declared under 16 U.S.C. 5106(c), pursuant to the 
Atlantic Coastal Fisheries Cooperative Management Act of 1993, as 
amended, Pub. L. 103-206, 107 Stat. 2447.
    (2) 16 U.S.C. 3375(a), relating to the enforcement of the Lacey Act 
Amendments of 1981, as amended, Pub. L. 97-79, 95 Stat. 1073.
    (3) 16 U.S.C. 1540(e) and (f), relating to promulgation of 
regulations under, and the enforcement of the Endangered Species Act of 
1973, as amended, Pub. L. 93-205, 81 Stat. 844.
    (4) 16 U.S.C. 971c and 971d, relating to the enforcement of the 
Atlantic Tunas Convention Act of 1975, as amended, Pub. L. 94-70, 89 
Stat. 385.
    (5) 16 U.S.C. 972e and 972g, relating to promulgation of 
regulations under, and enforcement of the Eastern Pacific Tuna 
Licensing Act of 1984, as amended, Pub. L. 98-445, 98 Stat. 1715.
    (6) 16 U.S.C. 5008(a), relating to the enforcement of the North 
Pacific Anadromous Stocks Convention Act of 1992, as amended, Pub. L. 
102-587, 106 Stat. 5098.
    (7) 16 U.S.C. 3636 and 3637, relating to promulgation of 
regulations under, and the enforcement of the Pacific Salmon Treaty Act 
of 1985, as amended, Pub. L. No. 99-5, 99 Stat. 7.
    (8) 16 U.S.C. 1156 and 1172(a), relating to the enforcement of the 
Fur Seal Act of 1966, as amended, Pub. L. 89-702, 80 Stat. 1091.
    (9) 16 U.S.C. 2409, relating to the enforcement of the Antarctic 
Conservation Act of 1978, as amended, Pub. L. 95-541, 92 Stat. 2048.
    (10) 16 U.S.C. 2434(b), 2436, and 2439, relating to conservation 
measures and promulgation of regulations under, and enforcement of the 
Antarctic Living Marine Resources Convention Act of 1984, as amended, 
Pub. L. 98-623, 98 Stat. 3398.
    (11) 16 U.S.C. 773i, relating to the enforcement of the North 
Pacific Halibut Act of 1982, as amended, Pub. L. 97-176, 96 Stat. 78.
    (12) 16 U.S.C. 5506, relating to the enforcement of the High Seas 
Fishing Compliance Act of 1995, as amended, Pub. L. 104-43, 109 Stat. 
367.
    (13) 16 U.S.C. 5606(e), relating to the enforcement of the 
Northwest Atlantic Fisheries Compliance Act of 1995, as amended, Pub. 
L. 104-43, 109 Stat. 377.

    Issued in Washington, DC, this 27th day of October, 1998.
Rodney Slater,
Secretary of Transportation.
[FR Doc. 98-29517 Filed 11-3-98; 8:45 am]
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