[Federal Register Volume 63, Number 213 (Wednesday, November 4, 1998)]
[Rules and Regulations]
[Pages 59474-59475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29517]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[OST Docket No. 1; Amdt. 1-296]
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, authority pertaining to the
enforcement of various conservation statutes. These statutes include
the Atlantic Coastal Fisheries Cooperative Management Act of 1993,
Lacey Act Amendments of 1981, Endangered Species Act of 1973, Atlantic
Tunas Convention Act of 1975, Eastern Pacific Tuna Licensing Act of
1984, North Pacific Anadromous Stocks Convention Act of 1992, Pacific
Salmon Treaty Act of 1985, Fur Seal Act of 1966, Antarctic Conservation
Act of 1978, Antarctic Living Marine Resources Convention Act of 1984,
North Pacific Halibut Act of 1982, High Seas Fishing Compliance Act of
1995, and the Northwest Atlantic Fisheries Compliance Act of 1995. In
order that the Code of Federal Regulations reflect this delegation, a
change is necessary.
EFFECTIVE DATE: November 4, 1998.
FOR FURTHER INFORMATION CONTACT: Ms. Gwyneth Radloff, Office of the
General Counsel, C-50, (202) 366-9305, Department of Transportation,
400 Seventh Street SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: The Secretary of Transportation, as
Secretary of the Department in which the Coast Guard is operating, is
authorized to enforce each of the above Acts. The Secretary of
Transportation is delegating this authority under these Acts to the
Commandant of the Coast Guard. Delegation of authority to enforce these
statutes is necessary to allow the Coast Guard to enter into
cooperative fishery enforcement agreements with the National Marine
Fisheries Service and state agencies.
In order to improve the speed and efficiency with which the Coast
Guard can meet enforcement obligations, the Secretary is delegating
authority to consult with other federal agencies or departments
concerning the promulgation of regulations under the authority of the
Eastern Pacific Tuna
[[Page 59475]]
Licensing Act, Pacific Salmon Treaty Act, and Antarctic Living Marine
Resources Convention Act. For this same reason the Secretary is also
delegating authority to promulgate regulations needed for enforcement
of the Endangered Species Act.
This rule amends 49 CFR 1.46 by adding a new paragraph to reflect
the delegation of the Secretary's authority under the aforementioned
Acts to the Commandant of the Coast Guard.
Since this amendment relates to departmental management,
organization, procedure, and practice, notice and comment are
unnecessary under 5 U.S.C. 533(b). Furthermore, since this amendment
expedites the Coast Guard's ability to meet the needs of its
conservation and enforcement obligations, the Secretary for good cause
finds, under 5 U.S.C. 553(d)(3), that notice, and public procedure on
notice, before the effective date of this rule are unnecessary, and
that this rule should be made effective on the date of publication.
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 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; Pub. L. 101-552, 28 U.S.C. 2672, 31
U.S.C. 3711(a)(2).
2. In Sec. 1.46, paragraph (ppp) is added to read as follows:
Sec. 1.46 Delegations to the Commandant of the Coast Guard.
* * * * *
(ooo) Carry out the functions and exercise the authority vested in
the Secretary by the following statutes:
(1) 16 U.S.C. 5106(h), relating to authorization of a person to
enforce a moratorium declared under 16 U.S.C. 5106(c), pursuant to the
Atlantic Coastal Fisheries Cooperative Management Act of 1993, as
amended, Pub. L. 103-206, 107 Stat. 2447.
(2) 16 U.S.C. 3375(a), relating to the enforcement of the Lacey Act
Amendments of 1981, as amended, Pub. L. 97-79, 95 Stat. 1073.
(3) 16 U.S.C. 1540(e) and (f), relating to promulgation of
regulations under, and the enforcement of the Endangered Species Act of
1973, as amended, Pub. L. 93-205, 81 Stat. 844.
(4) 16 U.S.C. 971c and 971d, relating to the enforcement of the
Atlantic Tunas Convention Act of 1975, as amended, Pub. L. 94-70, 89
Stat. 385.
(5) 16 U.S.C. 972e and 972g, relating to promulgation of
regulations under, and enforcement of the Eastern Pacific Tuna
Licensing Act of 1984, as amended, Pub. L. 98-445, 98 Stat. 1715.
(6) 16 U.S.C. 5008(a), relating to the enforcement of the North
Pacific Anadromous Stocks Convention Act of 1992, as amended, Pub. L.
102-587, 106 Stat. 5098.
(7) 16 U.S.C. 3636 and 3637, relating to promulgation of
regulations under, and the enforcement of the Pacific Salmon Treaty Act
of 1985, as amended, Pub. L. No. 99-5, 99 Stat. 7.
(8) 16 U.S.C. 1156 and 1172(a), relating to the enforcement of the
Fur Seal Act of 1966, as amended, Pub. L. 89-702, 80 Stat. 1091.
(9) 16 U.S.C. 2409, relating to the enforcement of the Antarctic
Conservation Act of 1978, as amended, Pub. L. 95-541, 92 Stat. 2048.
(10) 16 U.S.C. 2434(b), 2436, and 2439, relating to conservation
measures and promulgation of regulations under, and enforcement of the
Antarctic Living Marine Resources Convention Act of 1984, as amended,
Pub. L. 98-623, 98 Stat. 3398.
(11) 16 U.S.C. 773i, relating to the enforcement of the North
Pacific Halibut Act of 1982, as amended, Pub. L. 97-176, 96 Stat. 78.
(12) 16 U.S.C. 5506, relating to the enforcement of the High Seas
Fishing Compliance Act of 1995, as amended, Pub. L. 104-43, 109 Stat.
367.
(13) 16 U.S.C. 5606(e), relating to the enforcement of the
Northwest Atlantic Fisheries Compliance Act of 1995, as amended, Pub.
L. 104-43, 109 Stat. 377.
Issued in Washington, DC, this 27th day of October, 1998.
Rodney Slater,
Secretary of Transportation.
[FR Doc. 98-29517 Filed 11-3-98; 8:45 am]
BILLING CODE 4910-62-P
