[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Rules and Regulations]
[Page 24959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11495]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amendment 1-298]


Organization and Delegation of Powers and Duties; Delegations to 
the Maritime Administrator

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Secretary of Transportation (Secretary) is delegating to 
the Maritime Administration his authority to make determinations 
concerning the employment of a vessel in the coastwise trade under 
section 502 and 503 of the ``Coast Guard Authorization Act of 1998''. 
Section 502 authorizes the Secretary to issue a certificate of 
documentation with the appropriate endorsement for employment in the 
coastwise trade to eligible vessels as a small passenger vessel or an 
uninspected passenger vessel when, after notice and an opportunity to 
comment, a determination has been made that the employment of the 
vessel in coastwise trade will not adversely affect U.S. vessel 
builders and the coastwise trade business of any person who employs 
vessels built in the U.S. in that business. Section 503 authorizes the 
Secretary to revoke endorsements issued under section 502 when, after 
an opportunity for public comment, a determination has been made that a 
vessel's employment has substantially changed or has had a negative 
impact upon U.S. vessel builders or a coastwise trade business that 
employs vessels built in the United States.

EFFECTIVE DATE: May 10, 1999.

FOR FURTHER INFORMATION CONTACT: Richard Weaver, Chief, Division of 
Management and Organization, Maritime Administration, MAR-318, Room 
7301, 400 Seventh Street, SW., Washington, DC 20590, Phone: (202) 366-
2811; or Blane Workie, Office of General Counsel (C-50), Department of 
Transportation, Room 10424, 400 Seventh Street, SW., Washington, DC 
20590, Phone: (202) 366-4723.

SUPPLEMENTARY INFORMATION: The Secretary of Transportation is 
delegating to the Maritime Administrator his authority to make 
determinations under sections 502 and 503 of Public Law 105-383. Under 
section 502, the Secretary of Transportation may waive the U.S.-built 
vessel requirements of sections 12106 and 12108 of title 46 of the 
U.S.C., section 8 of the Act of June 19, 1886 (46 U.S.C. App. 289), and 
section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883). 
Section 502 authorizes the Secretary to issue a ``certificate of 
documentation'' with the appropriate endorsement for employment in the 
coastwise trade as a small passenger vessel or an uninspected passenger 
vessel for an eligible vessel authorized to carry no more than 12 
passengers for hire. However, the Secretary, after notice and an 
opportunity for public comment, must determine that the employment of 
the vessel in the coastwise trade will not adversely affect: (1) United 
States vessel builders; or (2) the coastwise trade business of any 
person who employs vessels built in the United States in that business.
    The Secretary delegates this authority to make determinations to 
the Maritime Administrator because the Maritime Administration assists 
domestic shippers in locating suitable coastwise trade eligible vessels 
and is best suited to determine the effect and substantiality of vessel 
waivers of the coastwise trade laws on U.S. vessel builders and U.S.-
built vessel coastwise trade businesses, including the economic 
development of affected ports and communities. The Coast Guard issues 
vessel documents and endorsements for vessels granted waivers under 
section 502. See 49 CFR 1.46(d). The Coast Guard and the Maritime 
Administration will coordinate the processing of requests for waivers 
under section 502.
    Under section 503, the Secretary has the authority to revoke 
endorsements issued under section 502 when, after an opportunity for 
public comment, the Secretary makes a determination that the employment 
of a vessel in the coastwise trade has substantially changed since the 
issuance of an endorsement under section 502 of Public Law 105-383. The 
Secretary delegates this authority to make determinations under section 
503 to the Maritime Administration for the same reasons given above for 
delegating the authority to make determinations under section 502. Upon 
making the determination that the employment of a vessel in the 
coastwise trade has substantially changed and the vessel is no longer 
eligible for a coastwise endorsement, the Maritime Administration will 
coordinate with the Coast Guard for revocation of applicable 
endorsements.
    Since this amendment relates to departmental organization, 
procedure and practice, notice and comment are unnecessary under 5 
U.S.C. 553(b). Further, since the amendment expedites the Maritime 
Administration's ability to meet the statutory intent of title V, 
Public Law 105-383, covered by this delegation, 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, effective upon publication, 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; Public Law 101-552, 28 U.S.C. 2672; 31 
U.S.C. 3711(a)(2).

    2. In Sec. 1.66 (Delegations to Maritime Administrator) the 
following paragraph (cc) is added at the end thereof.


Sec. 1.66  Delegations to Maritime Administrator.

* * * * *
    (cc) Carry out the functions and exercise the authority vested in 
the Secretary to make the necessary determinations concerning the 
employment of a vessel under sections 502 and 503 of title V, Pub. L. 
105-383, titled the Coast Guard Authorization Act of 1998.

    Issued at Washington, DC, this 27th day of April, 1999.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 99-11495 Filed 5-7-99; 8:45 am]
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