[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Rules and Regulations]
[Pages 16215-16216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8132]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

RIN 9991-AA35

[OST Docket No. OST-1999-6189]


Organization and Delegation of Powers and Duties; Delegation to 
the Administrator, Maritime Administration

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Secretary of Transportation (Secretary) delegates to the 
Maritime Administrator the authority to implement section 109 of the 
Maritime Transportation Security Act of 2002, which requires the 
Secretary, not later than 6 months after the date of enactment, to 
develop standards and curriculum to allow for the training and 
certification of maritime security professionals. Training 
opportunities provided under section 109 may be available to any 
Federal, State, local, and private law enforcement or maritime security 
personnel in the United States or to personnel employed in foreign 
ports used by a vessel with United States citizens as passengers or 
crewmembers. An annual report is to be submitted to the Senate 
Committee on Commerce, Science and Transportation, and the House of 
Representatives Committee on Transportation and Infrastructure on the 
expenditure of appropriated funds and the training under this section. 
The Maritime Administrator may further redelegate this authority.

EFFECTIVE DATE: This rule is effective on April 3, 2003.

FOR FURTHER INFORMATION CONTACT: Christine Gurland, Office of the Chief 
Counsel, MAR-225, (202) 366-5724, Department of Transportation, 
Maritime Administration, 400 Seventh Street, SW., Washington, DC 20590. 
Linda Lasley, Office of the General Counsel, (202) 366-9314, Department 
of Transportation, 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    You can view and download this document by going to the webpage of 
the Department's Docket Management System (http://dms.dot.gov/). On 
that page, click on ``search.'' On the next page, type in the last four 
digits of the docket number shown on the first page of this document. 
Then click on ``search.'' You may also download an electronic copy of 
this document by using a computer, modem, and suitable communications 
software from the Government Printing Office's Electronic Bulletin 
Board Service at (202) 512-1661. Internet users may reach the Office of 
the Federal Register's home page at: http://www.nara.gov/fedreg and the 
Government Printing Office's database at: http://www.access.gpo.gov/nara.

Background

    The Secretary is delegating to the Maritime Administrator the 
authority under section 109 of the Maritime Transportation Security Act 
of 2002, Public Law 107-295, 116 Stat. 2064, at 2090 to develop 
standards and curriculum to allow for the training and certification of 
maritime security professionals. The Maritime Administration (MARAD) 
has the expertise and staff to develop and implement a program for the 
training and certification of maritime security professionals within 
its area of responsibility and to make funding decisions in accordance 
with the statutory requirements. The standards for training and 
certification established shall include training and certification of 
maritime security professionals in accordance with accepted law 
enforcement and security guidelines, policies, and procedures; training 
of students and instructors in all aspects of prevention, detection, 
investigation, and reporting of criminal activities in the 
international maritime environment; and the provision of off-site 
training and certification courses and certified personnel at United 
States and foreign ports used by U. S.-flagged vessels, or by foreign-
flagged vessels with U.S. citizens as passengers or crew members, to 
develop and enhance security awareness and practices. MARAD may make 
the training opportunities provided under this section available to any 
Federal, State, local, and private law enforcement or maritime security 
personnel in the United States or to personnel employed in foreign 
ports used by vessels with United States citizens as passengers or 
crewmembers.
    Since this amendment relates to Departmental organization, 
procedure, and practice, notice and comment on it are unnecessary under 
5 U.S.C. 553(b). Efficient execution of section 109 is instrumental to 
the timely development and implementation of training for maritime 
security professionals. Thus, the Secretary finds good cause under 5 
U.S.C. 553(d)(3) for this 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 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.

[[Page 16216]]

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 a 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).

0
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]

0
1. The authority citation for part 1 continues to read as follows:

    Authority: Pub. L. 107-295.


0
2. In Sec.  1.66, add paragraph (ff) to read as follows:


Sec.  1.66  Delegations to Maritime Administrator.

* * * * *
    (ff) Carry out the functions and exercise the authority vested in 
the Secretary by section 109 of the Maritime Transportation Security 
Act of 2002, Public Law 107-295, 116 Stat. 2064, provide training for 
maritime security professionals. This authority may be redelegated.

    Issued on: March 26, 2003.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 03-8132 Filed 4-2-03; 8:45 am]
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