[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Rules and Regulations]
[Pages 36801-36802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17306]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1-300]


Organization and Delegation of Powers and Duties; Delegations 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: The Secretary of Transportation delegates to the Commandant, 
United States Coast Guard, authority to implement new ownership 
requirements for eligibility of vessels measuring less than 100 feet to 
receive a fishery endorsement to operate in certain fisheries. The 
Secretary also delegates the authority to assess penalties for fishery 
endorsement violations to the Commandant, United States Coast Guard. 
The authority to issue and implement regulations for vessels 100 feet 
and greater is delegated to the Administrator, Maritime Administration. 
This rule adds two new paragraphs to 49 CFR 1.46 and 1.66 to reflect 
these delegations of authority.

EFFECTIVE DATE: July 8, 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; or Ms. Blane 
Workie, Office of the General Counsel, C-50, (202) 366-9314, Department 
of Transportation, 400 Seventh Street SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: The American Fisheries Act (Public Law 105-
277) (``the Act'') amends current law regarding the ownership 
requirements for eligibility of a vessel to receive a fishery 
endorsement to operate in certain fisheries and under certain terms and 
conditions. The Secretary delegates to the Coast Guard the authority to 
issue and administer regulations implementing the new requirements for 
vessels measuring less than 100 feet. Regulations affecting vessels 
measuring 100 feet and greater will be developed and administered by 
the Maritime Administration. The Act requires the publication of these 
regulations by April 1, 2000.
    The Act also outlines procedures for implementation and penalties 
for non-compliance. The Secretary delegates to the Coast Guard the 
authority to assess penalties for willful noncompliance with the new 
requirements under the American Fisheries Act because the Coast Guard 
has current authority, resources, and expertise to assess penalties.
    The delegations should be made to the Commandant and to the 
Maritime Administrator as provided in this amendment to 49 CFR part 1 
because the Coast Guard and the Maritime Administration have the 
requisite expertise, capability, and responsibility for the duties 
prescribed in the American Fisheries Act. Indeed, the Coast Guard is 
currently administering documentation requirements for vessels under 
100 feet and has resources in place to effectively carry out the 
American Fisheries Act. Additionally, the Maritime Administration has a 
long history of administering certain maritime laws that require 
detailed scrutiny of ownership and control issues as they relate to 
U.S. citizenship requirements. The Maritime Administration's oversight 
of the new requirements for vessels 100 feet and greater is a natural 
extension of its current administration of citizenship enforcement.
    We publish this rule as a final rule, effective on the date of 
publication. Since this amendment relates to departmental management, 
organization, procedure and practice, notice and comment are 
unnecessary under 5 U.S.C. 553(b). Further, since the

[[Page 36802]]

amendment expedites the ability of the Coast Guard and the Maritime 
Administration to ensure that vessels meet new eligibility requirements 
for fishery endorsements, the Secretary finds good cause under 5 U.S.C. 
553(b) and 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, amend part 1 of title 49, Code 
of Federal Regulations, 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. Amend section 1.46, by adding new paragraph (sss), to read as 
follows:


Sec. 1.46  Delegations to Commandant of the Coast Guard.

* * * * *
    (sss) Carry out the functions and exercise the authorities vested 
in the Secretary by sections 203(b), 203(d), and 213(g) of division c, 
title II, Public Law 105-277, which relate to ownership and control 
requirements for vessel fishery endorsements for vessels measuring less 
than 100 feet; and by 203(f) of division c, title II, Public Law 105-
277.
    3. Amend section 1.66, by adding new paragraph (dd), to read as 
follows:


Sec. 1.66  Delegations to Maritime Administrator.

* * * * *
    (dd) Carry out the functions and exercise the authorities vested in 
the Secretary by sections 202(b), 203(b), 203(g), and 213(g) of 
division c, title II, Public Law 105-277, which relate to ownership and 
control requirements for vessel fishery endorsements for vessels 
measuring 100 feet and greater.

    Issued in Washington, DC this 28th day of June, 1999.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 99-17306 Filed 7-7-99; 8:45 am]
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