[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Rules and Regulations]
[Pages 3331-3332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1831]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[OST Docket No. 1; Amdt. 1-276]
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, the authority contained in 46
U.S.C. Chapter 47, abandonment of barges, and Sec. 12301(b), numbering
of undocumented barges. In order that the Code of Federal Regulations
reflect these delegations, a change is necessary.
effective date: January 31, 1996.
for further information contact: LT Chris Hayes, Office of Marine
Safety, Security and Environmental Protection (G-MRO-3), (202) 267-
2614, U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 20593;
or Steven B. Farbman, Office of the Assistant General Counsel for
Regulation and Enforcement, C-50, (202) 366-9307, Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590.
[[Page 3332]]
supplementary information: Public Law 102-587 is The Oceans Act of
1992. Subtitle C of Title V of The Oceans Act of 1992, titled the
Abandoned Barge Act of 1992, (hereinafter referred to as the Act),
amended 46, U.S. Code, to prohibit abandonment of barges, to provide a
civil penalty for abandonment, to authorize removal, and to require the
numbering of barges. The Secretary of Transportation is delegating his
authority under the Act to the Commandant of the Coast Guard.
The Act prohibits an owner or operator of a barge over 100 gross
tons from abandoning it on the navigable waters of the United States.
The Act authorizes the Secretary to assess a civil penalty of up to
$1,000 per day of abandonment. If the barge owner or operator cannot be
identified or refuses to remove the barge, the Secretary may contract
for removal of the barge at the expense of the owner or operator. To
help identify barge owners, the Secretary is required to ensure the
numbering of all undocumented barges over 100 gross tons.
This rule adds a specific delegation of authority to 49 CFR
Sec. 1.46, thus amending the codification to reflect the Secretarial
delegation of authority to the Commandant of the Coast Guard.
Since this amendment relates to departmental management,
organization, procedure, and practice, notice and comment on it are
unnecessary and it may be made effective in fewer than 30 days after
publication in the Federal Register. Therefore, this final rule is
effective upon publication in the Federal Register.
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 as follows:
PART 1--[AMENDED]
1. The authority citation for Part 1 continues to read as follows:
Authority: 49 U.S.C. 322; Pub. L. 101-552, 28 U.S.C. 2672, 31
U.S.C. 3711(a)(2).
2. Section 1.46 is amended by adding a new paragraph (zz) to read
as follows:
Sec. 1.46 Delegations to Commandant of the Coast Guard.
* * * * *
(zz) Carry out the functions and exercise the authority vested in
the Secretary by 46 U.S. Code Chapter 47 (abandonment of barges) and
Sec. 12301(b) (numbering of undocumented barges), as enacted by the
Oceans Act of 1992, Title V, section 5301 et seq., Pub. L. No. 102-587,
106 Stat. 5081. This authority may be redelegated.
Issued at Washington, DC this 23rd day of January, 1996.
Federico Pena,
Secretary of Transportation.
[FR Doc. 96-1831 Filed 1-30-96; 8:45 am]
BILLING CODE 4910-62-M
