[Federal Register Volume 69, Number 53 (Thursday, March 18, 2004)]
[Rules and Regulations]
[Pages 12804-12805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6095]


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DEPARTMENT OF TRANSPORTATON

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1999-6189]


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 Maritime Administrator his authorities under Title XXXV, the 
Maritime Security Act of 2003, of the National Defense Authorization 
Act for Fiscal Year 2004, Public Law 108-136, specifically, section 
3517--Maintenance and Repair Reimbursement Pilot Program, subtitle C--
Maritime Security Fleet, and subtitle D--National Defense Tank Vessel 
Construction Assistance.

EFFECTIVE DATE: March 18, 2004.

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 of Transportation is 
delegating to the Maritime Administrator his authority under Public Law 
108-136, Title XXXV, the Maritime Security Act of 2003, of the National 
Defense Authorization Act for Fiscal Year 2004, to:
    Under section 3517, carry out a pilot program under which the 
Secretary may enter into an agreement with a Maritime Security Fleet 
contractor regarding maintenance and repair of a vessel that is subject 
to an operating agreement.

[[Page 12805]]

    Under Subtitle C, which inserted a new subtitle, Subtitle V--
Merchant Marine, in Title 46, United States Code, establish a Maritime 
Security Fleet and to take other actions in furtherance of that 
authority. Some examples of the actions enumerated are: to require 
related operating agreements; to accept applications for enrollment of 
vessels in the Fleet; to approve, in conjunction with the Secretary of 
Defense, applications for enrollment of vessels in the Fleet within 90 
days of receipt of an application, or provide in writing the reason for 
denial of that application; and to promulgate regulations for the 
program.
    Under Subtitle D, establish a program for the provision of 
financial assistance for the construction in the United States of a 
fleet of up to 5 privately owned product tank vessels--(1) to be 
operated in commercial service in foreign commerce; and (2) to be 
available for national defense purposes in time of war or national 
emergency pursuant to an Emergency Preparedness Agreement approved by 
the Secretary of Defense.
    This amendment adds 49 CFR 1.66(ee) through 1.66(gg) to reflect the 
Secretary of Transportation's delegation of these authorities. 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.

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: 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.


0
2. Section 1.66 is amended by adding paragraphs (ee) through (gg) to 
read as follows:


Sec.  1.66  Delegations to Maritime Administrator.

* * * * *
    (ee) Carry out the functions and exercise the authorities vested in 
the Secretary by section 3517 of Title XXXV of Public Law 108-136 which 
relates to the Maintenance and Repair Reimbursement Pilot Program.
    (ff) Carry out the functions and exercise the authorities vested in 
the Secretary by Subtitle V of title 46 United States Code, which 
establishes the Maritime Security Fleet.
    (gg) Carry out the functions and exercise the authorities vested in 
the Secretary by Subtitle D of Title XXXV of Public Law 108-136, which 
relates to the National Defense Tank Vessel Construction Assistance 
Program.

    Issued at Washington, DC, this 10th day of March, 2004.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 04-6095 Filed 3-17-04; 8:45 am]
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