[Federal Register Volume 67, Number 165 (Monday, August 26, 2002)]
[Rules and Regulations]
[Pages 54745-54746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21029]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket OST-1999-6189]
RIN: 9991-AA28


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, his authority to accept 
volunteer services and to provide benefits to the dependents of 
military members who are separated for dependent abuse.

EFFECTIVE DATE: August 26, 2002.

ADDRESSES: Material received from the public, as well as documents 
mentioned in this preamble as being available in the docket, are part 
of docket OST-2002-6189 and are available for inspection or copying at 
the Docket Management Facility, U.S. Department of Transportation, room 
PL-401, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. You may also find 
this docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
contact LT Rick Evans, telephone 202-267-2335, U.S. Coast Guard, 2100 
Second Street SW., Washington DC 20593-0001. If you have questions on 
viewing the docket, call Dorothy Beard, Chief, Dockets, Department of 
Transportation, at 202-366-5149.

SUPPLEMENTARY INFORMATION: The Secretary of Transportation, as 
Secretary of the Department in which the Coast Guard is operating, is 
vested with the authority to accept voluntary services under 10 U.S.C. 
1588. Section 1588 authorizes the Secretary to accept, from any person, 
certain voluntary services in support of Coast Guard activities. This 
is an exception to the general prohibition against accepting such 
services in 31 U.S.C. 1342. The Secretary's authority to accept 
voluntary services for museums and family support programs operated by 
the Coast Guard under section 1588 was delegated to the Commandant in 
49 CFR 1.46(rr). Subsequent to the delegation of this authority to the 
Commandant, however, Congress significantly expanded the areas in which 
voluntary services could be accepted, to include natural resources 
programs and a variety of personnel support and recreation programs. 
The present change makes it clear that all of the Secretary's 
authorities and functions under section 1588 are delegated to the 
Commandant.
    This rule also delegates to the Commandant the Secretary's 
authority under 10 U.S.C. 1059, which authorizes the Secretary to 
establish a program to pay monthly transitional compensation to 
dependents of Coast Guard members who were separated for dependent 
abuse offenses.
    These delegations provide the Commandant of the Coast Guard with 
the ability to exercise all of the Secretary's authority under 10 
U.S.C. 1588 and 1059. This rule does not substantially change the 
organization or authorities of the Department of Transportation or the 
Coast Guard.
    The Department publishes this rule as a final rule, effective on 
the date of publication. Because these amendments relate to 
departmental management, organization, procedure, and practice, notice 
and comment are unnecessary under 5 U.S.C. 553(b). Further, because 
this rule does not substantially change the authorities or functions of 
the Department or the Coast Guard, the Department 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.

Regulatory Process Matters

Regulatory Assessment

    This rulemaking is a nonsignificant regulatory action under section 
3(f) of Executive Order 12866 and has not been reviewed by the Office 
of Management and Budget under that Order. This rule is also not 
significant under the regulatory policies and procedures of the 
Department of Transportation, 44 FR 11034.
    This rule does not impose unfunded mandates or requirements that 
will have any impact on the quality of the human environment.

Small Business Impact

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et seq., was 
enacted by Congress to ensure that small entities are not unnecessarily 
and disproportionately burdened by government regulations. The Act 
requires agencies to review proposed regulations that may have a 
significant economic impact on a substantial number of small entities. 
The Department certifies that this rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
Therefore, an Initial Regulatory Flexibility Analysis has not been 
performed.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism Assessment

    This proposed rule has been reviewed in accordance with the 
principles and criteria contained in Executive Order 13132 dated August 
4, 1999, and it is determined that this action does not have a 
substantial direct effect on the States, or the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. This rule 
will not limit the policymaking discretion of the State nor preempt any 
State law or regulation.

List of Subjects in 49 CFR Part 1

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).


    For the reasons discussed in the preamble, the Office of the 
Secretary amends 49 CFR Part 1 as follows:

PART 1--[AMENDED]

    1. The authority citation for Part 1 continues to read as follows:

    Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31 
U.S.C. 3711(a)(2); Pub. L. No. 101-552, 104 Stat. 2736; Pub. L. No. 
106-159, 113 Stat. 1748.


    2. In section 1.46, revise paragraph (rr) and add new paragraph 
(vvv) to read as follows:


Sec.  1.46  Delegations to Commandant of the Coast Guard.

* * * * *
    (rr) Carry out the functions and exercise the authority vested in 
the Secretary by 10 U.S.C. 1588 to accept voluntary services.
* * * * *
    (vvv) Carry out the functions and exercise the authority vested in 
the Secretary by 10 U.S.C. 1059 to establish a program to pay monthly 
transitional compensation to dependents of Coast Guard members who were 
separated for dependent abuse offenses.
* * * * *


[[Page 54746]]


    Issued on: July 6, 2002.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 02-21029 Filed 8-23-02; 8:45 am]
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