[Federal Register Volume 63, Number 43 (Thursday, March 5, 1998)]
[Rules and Regulations]
[Pages 10781-10782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5526]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[OST Docket No. 1; Amdt. 1-292]
Organization and Delegation of Powers and Duties; Great Lakes
Pilotage
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: The Secretary of Transportation hereby revokes the authority
delegated to the Administrator for the Saint Lawrence Seaway
Development Corporation to carry out the functions vested in the
Secretary by the Great Lakes Pilotage Act of 1960, as amended (46
U.S.C. 9301 et seq.) and delegates that authority to Commandant of the
Coast Guard. This responds to a ruling of the U.S. Court of Appeals for
the District of Columbia Circuit that vacates a December 11, 1995,
final rule transferring oversight of Great Lakes pilotage functions to
the Saint Lawrence Seaway Development Corporation.
EFFECTIVE DATE: This rule is effective March 5, 1998.
FOR FURTHER INFORMATION CONTACT: Gwyneth Radloff, Office of the General
Counsel, Department of Transportation, C-50, (202) 366-9306, 400
Seventh Street, SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: In 1994, the Secretary formed a study group
to determine where best to locate the Secretary's authority to carry
out the functions vested in him by the Great Lakes Pilotage Act of
1960, as amended, and his authority to enter into, revise, or amend
arrangements with Canada under the 1977 Memorandum of Arrangements with
Canada. This authority extends to such matters as examination and
registration of pilots and setting the rates for their services. The
study group recommended transferring this responsibility from the Coast
Guard to the St. Lawrence Seaway Development Corporation. On December
11, 1995, the Secretary of Transportation issued a rule revoking the
then-existing delegation of pilotage authority to the Coast Guard and
redelegating oversight of Great Lakes Pilotage functions to the Saint
Lawrence Seaway Development Corporation. On November 12, 1997, the U.S.
Court of Appeals for the District of Columbia Circuit, in Halverson v.
Slater, 129 F.3rd 180 (D.C. Cir. 1997), reversed a district court
decision, and held that the Secretary of Transportation lacks the
authority under 49 U.S.C. 322(b) to delegate Great Lakes Pilotage Act
powers and duties to the Saint Lawrence Seaway Development Corporation.
The court held that under 46 U.S.C. 2104(a) the Secretary only has
authority either to keep those powers and duties within the Office of
the Secretary or to delegate them to the U.S. Coast Guard.
The 1995 rule vacated by the court decision revoked an earlier
delegation of this authority to the U.S. Coast Guard and removed the
relevant sections from the Code of Federal Regulations (CFR). The
Department is acting now to settle the question of where the authority
will reside after the court's decision. This action requires changes to
the CFR.
This rule responds to the U.S. Court of Appeals ruling by formally
revoking the delegation to the Saint Lawrence Seaway Development
Corporation and delegating to the Commandant of the Coast Guard the
authority to carry out the Secretary's functions under the Great Lakes
Pilotage Act of 1960, as amended, and his authority to enter into,
revise, or amend arrangements with Canada.
Following the issuance of the Court's decision, the Department
undertook an outreach effort to elicit industry views concerning the
administration of pilotage functions. The Secretary's decision to
transfer the pilotage function to the Coast Guard takes into account
the views expressed in these meetings, as well as the Department's own
review of the best placement of the administration of the pilotage
function given the limited options available under the Circuit Court's
opinion.
[[Page 10782]]
This rule amends 49 CFR 1.52 by deleting the authority of the SLSDC
Administrator to carry out the Great Lakes Pilotage Act of 1960 and
enter into, revise, or amend arrangements with Canada contained in
paragraphs (d) and (e). The rule establishes the authority of the
Commandant of the Coast Guard to carry out the functions vested in the
Secretary by the Great Lakes Pilotage Act of 1960 by adding paragraphs
(mmm) and (nnn) to 49 CFR 1.46.
This rule is being published as a final rule and is being made
effective on the date of publication. It relates to departmental
management, organization, procedure, and practice. The Department also
faces a short timeframe for complying with the court decision and
wishes to avoid confusion about where this function will reside. For
these reasons, the Secretary for good cause finds, under 5 U.S.C.
553(b)B and (d)(3), that notice and public procedure on the rule are
unnecessary and that this rule should be made effective in less than 30
days after publication.
List of Subjects in 49 CFR Part 1
Authority delegations (Government agencies), Organization and
functions (Government agencies), Transportation Department.
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 is revised as follows:
Authority: 49 U.S.C. 2104(a); Pub. L. 101-552; 28 U.S.C. 2672,
31 U.S.C. 3711(a)(2), 46 U.S.C. 2104(a).
Sec. 1.52 [Amended]
2. In Sec. 1.52, paragraphs (d) and (e) are removed and reserved.
3. Section 1.46 is amended by adding new paragraphs (mmm) and (nnn)
to read as follows:
Sec. 1.46 Delegations to the Commandant of the Coast Guard.
* * * * *
(mmm) Carry out the Great Lakes Pilotage Act of 1960, as amended,
(46 U.S.C. 9301 et seq.).
(nnn) Under the 1977 Memorandum of Arrangements with Canada and the
Great Lakes Pilotage Act of 1960, as amended in 1983 (46 U.S.C. 9305),
enter into, revise, or amend arrangements with Canada.
Issued in Washington, DC this 26th day of February, 1998 under
authority contained in 46 U.S.C. 2104(a).
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 98-5526 Filed 3-4-98; 8:45 am]
BILLING CODE 4910-62-P
