[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Rules and Regulations]
[Pages 36496-36497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15400]



[[Page 36496]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket No. OST 1999-6189]
RIN 9991-AA37


Organization and Delegation of Powers and Duties, Update of 
Secretarial Delegations

AGENCY: Office of the Secretary, Department of Transportation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Secretary of Transportation (Secretary) is delegating to 
the Maritime Administrator his authority to issue, transfer, amend, or 
reinstate a license for the construction and operation of a deepwater 
port as provided for in the Deepwater Port Act, of 1974, as amended. 
Section 106 of the Maritime Transportation Security Act of 2002 amended 
the Deepwater Port Act to include facilities that transport natural gas 
from the United States outer continental shelf. This rule does not 
change the previous delegation of license processing functions to the 
United States Coast Guard, now part of the Department of Homeland 
Security, and to the Maritime Administration. The two agencies will 
continue to coordinate their processing of the license applications. 
The rule also does not change the previous delegation of Deepwater Port 
Act authority to the Administrator of the Research and Special Programs 
Administration.

EFFECTIVE DATE: June 18, 2003.

FOR FURTHER INFORMATION CONTACT: Ms. Nancy Kessler, Senior Attorney-
Advisor, Office of the Assistant General Counsel for Environmental, 
Civil Rights, and General Law, Department of Transportation, Room 
10102, 400 Seventh Street, SW., Washington, DC 20590, Phone: (202) 366-
9154.

SUPPLEMENTARY INFORMATION: This rule revises the Secretary's 
reservation of authority under the Deepwater Port Act, as amended. The 
Secretary is delegating to the Maritime Administrator his authority to 
issue, transfer, amend, or reinstate a license for the construction and 
operation of a deepwater oil or natural gas port as provided for in the 
Deepwater Port Act of 1974, as amended, 33 U.S.C. 1501-1524 (DWPA). The 
DWPA, as amended by section 106 of the Maritime Transportation Security 
Act of 2002, Pub. L. 107-295, 116 STAT. 2064 at 286 (MTSA), governs the 
licensing of any offshore facility used to handle and transport 
petroleum and natural gas, pursuant to the amendment of the DWPA. A 
deepwater port must be licensed by the Secretary. To date, LOOP LLC is 
the only offshore deepwater port facility licensed by the Secretary 
under the DWPA. LOOP LLC's License was issued on January 17, 1977, and 
was amended and updated on June 1, 2000.
    The Commandant of the United States Coast Guard (USCG) and the 
Administrator of the Maritime Administration (MARAD) have operated 
under delegated authority to coordinate the processing of applications 
for the issuance, transfer, amendment, or reinstatement of a license 
for the construction and operation of a deepwater port. 62 FR 11382 
(March 12, 1997); 49 CFR 1.46(s) and 1.66(aa). The USCG has the 
additional statutory responsibility to approve an operations manual for 
a deepwater port. 33 U.S.C. 1503(e)(1). The USCG retained the statutory 
and delegated authorities upon its transfer to the Department of 
Homeland Security (Department of Homeland Security Delegation Number: 
0170, Sec.  2. (75), March 3, 2003; Pub. L. 107-296, section 888.). 
This rule does not change the authorities delegated to USCG and to 
MARAD nor does it change the coordination between the USCG and MARAD 
for processing license applications. The rule clarifies that the 
authorities of USCG and MARAD for processing license applications 
include the authorities to process an application for a license 
reinstatement. 33 U.S.C. 1503(b) and (f) (as amended by Pub. L. 98-419, 
Sept. 25, 1984).
    This rule does not change the Secretary's previous delegation of 
DWPA authority to the Administrator of the Research and Special 
Programs Administration (RSPA) in 49 CFR 1.53(a)(3) for the 
establishment, enforcement, and review of regulations concerning the 
safe construction, operation or maintenance of pipelines on Federal 
lands and the Outer Continental Shelf (33 U.S.C. 1520).
    By Federal Register notices dated, respectively, December 27, 2002 
(67 FR 79234), and January 23, 2003 (68 FR 3299), the Department of 
Transportation through the USCG and MARAD gave notice, as required by 
the DWPA, of applications filed by Port Pelican LLC and El Paso Energy 
Bridge Gulf of Mexico, LLC for licenses to own, construct, and operate 
deepwater natural gas port facilities. Since then, MARAD and the USCG 
have been coordinating the processing of these applications. By this 
rule, MARAD has the authority over the issuance of the licenses for the 
respective applicants and for any future applicants.
    This amendment to 49 CFR part 1 to reflect the Secretary's 
delegation of his authority to issue, transfer, amend or reinstate a 
license for the construction and operation of a deepwater port to the 
Maritime Administrator relates solely to departmental organization, 
procedure, and practice. Therefore, notice and comment are unnecessary 
under 5 U.S.C. 553(b). Further, since the amendment expedites the 
MARAD'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 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., (Act) 
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. For purposes of this rule, small entities include all 
small businesses that are potential offerors and contractors bidding on 
Department of Transportation proposed acquisitions. The Act does not 
apply to this rulemaking, since a notice of proposed rulemaking was not 
required. However, the Department certifies that this rule does not 
have a significant economic impact on a substantial number of small 
entities. The rule makes administrative changes to 49 CFR Part 1; 
therefore, a 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

[[Page 36497]]

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), Organizations and 
functions (Government agencies).

0
In consideration of the foregoing, Part 1 of Title 49, Code of Federal 
Regulations, is amended as follows:

PART 1--[AMENDED]

0
1. The authority citation for part 1 is revised 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. 101-552, 104 Stat. 2736; Pub. L. 106-159, 
113 Stat. 1748; Pub. L. 107-71, 115 Stat. 597; Pub. L. 107-295.

0
2. In Sec.  1.44, revise paragraph (o) to read as follows:


Sec.  1.44  Reservation of authority.

    * * * (o) Deepwater ports. Repealed.
* * * * *

0
3. In Sec.  1.66, redesignate paragraphs (aa)(1) through (6) as 
paragraphs (aa)(2) through (7). Add a new paragraph (aa)(1) and revise 
newly designated (aa)(2) to read as follows:


Sec.  1.66  Delegations to the Maritime Administrator.

* * * * *
    (aa) * * *
    (1) The authority to issue, transfer, amend, or reinstate a license 
for the construction and operation of a deepwater port (33 U.S.C. 
1503(b)).
    (2) The authority to process applications for the issuance, 
transfer, amendment, or reinstatement of a license for the construction 
and operation of a deepwater port (33 U.S.C. 1503(b)), as amended, in 
coordination with the Commandant of the Coast Guard.
* * * * *

    Issued in Washington, DC on this 4th day of June, 2003.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 03-15400 Filed 6-17-03; 8:45 am]
BILLING CODE 4910-62-P