[Federal Register Volume 64, Number 165 (Thursday, August 26, 1999)]
[Rules and Regulations]
[Page 46594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22212]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST-99-6158, Amdt. 1-301]


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 of the United States Coast Guard, authority to implement and 
enforce measures to prevent the introduction and spread of aquatic 
nuisance species (ANS) into the waters of the United States.

DATES: Effective: August 26, 1999.

FOR FURTHER INFORMATION CONTACT: Lt. Mary Pat McKeown, Office of 
Operating and Environmental Standards (G-MSO), (202) 267-0500, United 
States Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 
20593-0001.

SUPPLEMENTARY INFORMATION: In 1990, Congress passed the Nonindigenous 
Aquatic Nuisance Prevention and Control Act (NANPCA) (Pub. L. 101-646) 
(codified at 16 U.S.C. 4701-4751). NANPCA authorized the Secretary of 
Transportation, as Secretary of the Department in which the Coast Guard 
was operating, to implement regulations to prevent the introduction and 
spread of aquatic nuisance species (ANS) into the waters of only the 
Great Lakes. In 1992, the Secretary of Transportation delegated to the 
Coast Guard his authority under NANPCA to implement ANS regulations for 
the Great Lakes. In 1996, Congress amended NANPCA by passing the 
National Invasive Species Act (NISA), (Pub. L. 104-332). NISA 
authorized the Secretary of Transportation, as Secretary of the 
Department in which the Coast Guard was operating, to implement 
regulations to prevent the introduction and spread of aquatic nuisance 
species into ALL waters of the United States by issuing voluntary 
guidelines which are to become mandatory if voluntary compliance proves 
ineffective. Thus, NISA simply expanded to include all waters of the 
United States, the authority previously granted under NANPCA for the 
Great Lakes only. The Secretary of Transportation is amending the 
existing delegation of authority to the Commandant of the Coast Guard 
to include NISA's additional authority to implement ANS requirements 
for all waters of the United States.
    We publish this rule as a final rule effective on the date of 
publication. Since this amendment relates to the Departmental 
management, organization, procedure, and practice, notice and comment 
are unnecessary under 5 U.S.C. 553(b). Furthermore, since this 
amendment expedites the Coast Guard's ability to meet the needs of its 
conservation and enforcement obligations, the Secretary finds good 
cause, under 5 U.S.C. 553(b) and 5 U.S.C. 553(d)(3), that notice and 
public comment on the 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).

    In Sec. 1.46, paragraph (ww) is revised to read as follows:


Sec. 1.46  Delegations to Commandant of the Coast Guard.

* * * * *
    (ww) Carry out the functions and exercise the authority vested in 
the Secretary by 16 U.S.C. 4711, which pertain to establishing and 
enforcing regulations to prevent the introduction and spread of aquatic 
nuisance species into the Great Lakes and other waters of the United 
States through the ballast water of vessels. This authority may be 
redelegated.
* * * * *
    Issued in Washington, DC this 18th day of June, 1999.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 99-22212 Filed 8-25-99; 8:45 am]
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