[Federal Register Volume 67, Number 234 (Thursday, December 5, 2002)]
[Rules and Regulations]
[Pages 72383-72384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30852]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket No. OST-1999-6189]
RIN 9991-AA31


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 Administrator of the Maritime Administration his authority to 
enforce the prohibition of shipment of Government-impelled cargoes on 
vessels if: (1) The vessel has been detained and determined to be 
substandard by the Secretary for violation of an international safety 
convention to which the United States is a party; or (2) the operator 
of the vessel has on more than one occasion had a violation of an 
international safety convention to which the United States is a party. 
The authorities relating to this matter are vested in the Secretary of 
Transportation by 46 U.S.C. 2302(e)(2001), added by section 408(a) of 
Public Law 105-383, approved November 13, 1998 (112 Stat. 3411, 3430).

EFFECTIVE DATE: December 5, 2002.

FOR FURTHER INFORMATION CONTACT: Richard Weaver, Director, Office of 
Management and Information Services, Maritime Administration, MAR-310, 
Room 7301, 400 Seventh Street, SW., Washington, DC 20590, Phone: (202) 
366-2811.

SUPPLEMENTARY INFORMATION: The Secretary is delegating to the Maritime 
Administrator his authority to enforce the prohibition of shipment of 
Government-impelled cargoes on a vessel if: (1) The vessel has been 
detained and determined to be substandard by the Secretary for 
violation of an international safety convention to which the United 
States is a party, and the Secretary has published notice of that 
detention and determination in an electronic form, including the name 
of the owner of the vessel; or (2) the operator of the vessel has on 
more than one occasion had a violation of an international safety 
convention to which the United States is a party, and the Secretary has 
published notice of that detention and determination in an electronic 
form, including the name of the owner of the vessel. The prohibition 
expires for a vessel on the earlier of (1) one year after the date of 
the publication in electronic form on which the prohibition is based; 
or (2) any date on which the owner or operator of the vessel prevails 
in an appeal of the violation of the relevant international convention 
on which the determination is based. The term ``Government-impelled 
cargo'' means cargo for which a Federal agency contracts directly for 
shipping by water or for which (or the freight of which) a Federal 
agency provides financing, including financing by grant, loan, or loan 
guarantee, resulting in shipment of the cargo by water. The authorities 
relating to this matter are vested in the Secretary of Transportation 
by 46 U.S.C. 2302(e)(2001), added by section 408(a) of Public Law 105-
383, approved November 13, 1998 (112 Stat. 3411, 3430).
    This amendment adds 49 CFR 1.66(ee) to reflect the Secretary's 
delegation of his authority to enforce the prohibition of shipment of 
Government-impelled cargoes on certain vessels to the Maritime 
Administrator. 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 the applicable laws and regulations 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.

Regulatory Evaluation

Regulatory Assessment

    This rulemaking is a non-significant regulatory action under 
section 3(f) of Executive Order 12866 and has not been reviewed by the 
Office of Management

[[Page 72384]]

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.

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 States nor preempt 
any State law or regulation.

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 section 1.66, add new paragraph (ee) to read as follows:


Sec.  1.66  Delegations to Maritime Administrator.

* * * * *
    (ee) Exercise the authority vested in the Secretary of 
Transportation by section 408(a) of Public Law 105-383 approved 
November 13, 1998, (112 Stat. 3411 and 3430), 46 U.S.C. 2302(e), 
relating to the enforcement of the prohibition of shipment of 
Government-impelled cargoes on vessels if (1) the vessel has been 
detained and determined to be substandard by the Secretary of 
Transportation for violation of an international safety convention to 
which the United States is a party; or (2) the operator of the vessel 
has on more than one occasion had a violation of an international 
safety convention to which the United States is a party. The term 
``Government-impelled cargo'' means cargo for which a Federal agency 
contracts directly for shipping by water or for which (or the freight 
of which) a Federal agency provides financing, including financing by 
grant, loan, or loan guarantee, resulting in shipment of the cargo by 
water.
* * * * *

    Issued on November 26, 2002.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 02-30852 Filed 12-4-02; 8:45 am]
BILLING CODE 4910-62-P