[Federal Register Volume 63, Number 124 (Monday, June 29, 1998)]
[Rules and Regulations]
[Pages 35138-35140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17269]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 404, 405, 406, and 407
46 CFR Parts 401, 402, 403, and 404
[USCG-1998-3976]
Great Lakes Pilotage; Reorganization of Regulations
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Saint Lawrence Seaway Development Corporation's (SLSDC)
responsibility for administering the Secretary's functions under the
Great Lakes Pilotage Act, as amended, (GLPA) was transferred from the
SLSDC to the U.S. Coast Guard on March 5, 1998. This rule relocates the
Great Lakes Pilotage regulations from their current place in Title 33,
Code of Federal Regulations, to their original place in Title 46, Code
of Federal Regulations. Relocation of these regulations is necessary to
position Great Lakes Pilotage rules with other U.S. Coast Guard
regulations, and not with other SLSDC regulations. This rule also makes
conforming amendments to the regulations to reflect U.S. Coast Guard
responsibilities under the GPLA.
DATES: This final rule is effective June 30, 1998.
ADDRESSES: Documents as indicated in this preamble are available for
inspection or copying at the Docket Management Facility, (USCG-1998-
3976), U.S. Department of Transportation, room PL-401, 400 Seventh
Street SW., Washington DC 20590-00001.
FOR FURTHER INFORMATION CONTACT:
For questions on this rule, contact LTJG Mark A. Cunningham, U.S. Coast
Guard, telephone 202-267-1534. For questions on viewing material in the
docket, contact Dorothy Walker, Chief, Documents, Department of
Transportation, telephone 202-366-9329.
SUPPLEMENTARY INFORMATION:
Regulatory History
This rulemaking relates to departmental management, organization,
procedure, and practice. Under 5 U.S.C. 553(b)A, notice and public
comment are unnecessary with respect to rules of this nature.
Therefore, a notice of proposed rulemaking was not published prior to
this rulemaking. For the same reason, good cause exists for making this
rule effective less than 30 days after its publication date as is
ordinarily required by 5 U.S.C. 553(d).
Background and Purpose
In 1994, the Secretary of Transportation (the Secretary) formed a
study group to determine where to best locate the authority to execute
the functions vested in him by the GPLA. Among other powers and duties,
the GPLA authorizes the Secretary to examine pilots, register them, and
set rates for their services. Because the study group recommended
transferring these functions from the U.S. Coast Guard to the SLSDC,
the Secretary withdrew the Coast Guard's authority in these matters and
redelegated it to the SLSDC (December 11, 1995; 60 FR 63444). On
November 12, 1997, the U.S. Court of Appeals for the District of
Columbia Circuit, in Halverson v. Slater, 129 F.3d 180 (D.C. Cir,
1997), reversed a district court decision and held that the Secretary
lacks the authority, under 49 U.S.C. 322(b), to delegate Great Lakes
Pilotage Act powers and duties to the SLSDC. The court vacated the
December 11, 1995 rule and determined that, under 46 U.S.C. 2104(a),
the Secretary may delegate these functions only to the U.S Coast Guard.
On March 5, 1998, the Secretary responded to the court's ruling by
redelegating the authority to carry out functions under the GLPA to the
U.S. Coast Guard (63 FR 10781-2).
This rulemaking relocates the Great Lakes Pilotage regulations from
their current place in Title 33 to their original place in Title 46.
Reorganization of the CFR is necessary to position Great Lakes Pilotage
rules with other U.S. Coast Guard regulations, and not with other SLSDC
regulations. This rule redesignates parts 404, 405, 406, and 407 of 33
CFR Chapter IV, as parts 401, 402, 403, and 404, respectively, of 46
CFR Chapter III.
This rule also makes conforming editorial changes to the
redesignated sections that reflect the redelegation of Seaway
responsibilities to the U.S. Coast Guard. For example, the word
``Administrator'' is changed to the word ``Commandant'' and the words
``Saint Lawrence Seaway Development Corporation'' are changed to the
words ``U.S. Coast Guard.
This rule also revises the authority citations of each redesignated
part to reflect the renewed delegation of responsibilities from the
Secretary to the U.S. Coast Guard.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard considered whether this rule will have a significant
economic impact on a substantial number of small entities.
[[Page 35139]]
``Small entities'' include small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. This rulemaking is an intra-
departmental administrative that does nothing more than relocate
certain sections of the U.S. Code of Federal Regulations. Therefore,
the Coast Guard certifies under section 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this final rule will not
have a significant economic impact on a substantial number of small
entities.
Collection of Information
This final rule does not provide for a collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this proposed rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposed rule and concluded that under figure 2-1, paragraph (34)(b),
of Commandant Instruction M16475.1C, this proposed rule is
categorically excluded from further environmental documentation. A
``Categorical Exclusion Determination'' is available in the docket for
inspection or copying where indicated under ADDRESSES.
List of Subjects
33 CFR Part 404
Administrative practice and procedure, Coast Guard, Great Lakes,
Navigation (water), Penalties, Reporting and recordkeeping
requirements, Seamen, Waterways.
33 CFR Part 405
Administrative practice and procedure, Coast Guard, Great Lakes,
Navigation (water), Penalties, Reporting and recordkeeping
requirements, Seamen, Waterways.
33 CFR Part 406
Accounting, Administrative practice and procedure, Coast Guard,
Great Lakes, Navigation (water), Penalties, Reporting and recordkeeping
requirements, Seamen, Waterways.
46 CFR Part 407
Administrative practice and procedure, Coast Guard, Great Lakes,
Navigation (water), Penalties, Reporting and recordkeeping
requirements, Seamen, Waterways.
46 CFR Part 401
Administrative practice and procedure, Coast Guard, Great Lakes,
Navigation (water), Penalties, Reporting and recordkeeping
requirements, Seamen, Waterways.
46 CFR Part 402
Administrative practice and procedure, Coast Guard, Great Lakes,
Navigation (water), Penalties, Reporting and recordkeeping
requirements, Seamen, Waterways.
46 CFR Part 403
Accounting, Administrative practice and procedure, Coast Guard,
Great Lakes, Navigation (water), Penalties, Reporting and recordkeeping
requirements, Seamen, Waterways.
46 CFR Part 404
Administrative practice and procedure, Coast Guard, Great Lakes,
Navigation (water), Penalties, Reporting and recordkeeping
requirements, Seamen, Waterways.
For the reasons discussed in the preamble, and under the authority
of 46 U.S.C. 2104(a) and 49 CFR 1.46 (mmm), the Coast Guard amends 33
CFR Chapter IV, and 46 CFR Chapter III as follows:
33 CFR CHAPTER IV
PARTS 404, 405, 406, AND 407 [REDESIGNATED AS 46 CFR CH. III (PARTS
401, 402, 403 AND 404)]
1. In 33 CFR Chapter IV, redesignate parts 404, 405, 406, and 407
as 46 CFR Chapter III, parts 401, 402, 403, and 404 respectively.
46 CFR CHAPTER III
2. Add a heading for 46 CFR Chapter III to read as follows:
CHAPTER III--COAST GUARD (GREAT LAKES PILOTAGE), DEPARTMENT OF
TRANSPORTATION
PART 401--[AMENDED]
3. The authority citation for redesignated part 401, Title 46, Code
of Federal Regulations is revised to read as follows:
Authority: 46 U.S.C. 2104(a), 6101, 7701, 8105, 9303, 9304; 49
CFR 1.45, 1.46 (mmm), 46 CFR 401.105 also issued under the authority
of 44 U.S.C. 3507.
4. Revise the redesignated Secs. 401.110 (a)(2) and (a)(9) to read
as follows:
Sec. 401.110 Definitions.
* * * * *
(a) * * *
(2) Commandant means Commandant, U.S. Coast Guard, Washington, DC
20593-0001.
* * * * *
(9) Director means Director, Great Lakes Pilotage. Communications
with the Director may be sent to the following address: Director, Great
Lakes Pilotage (G-MO), 2100 Second Street, SW, Washington, DC 20593-
0001.
* * * * *
Sec. 401.230 [Amended]
5. In the second sentence of Sec. 401.230(b) remove the words
``Director or other official of the Saint Lawrence Seaway Development
Corporation.'' and add, in its place, the word ``Director.''
6. Revise redesignated Sec. 401.250(d) to read as follows:
Sec. 401.250 Suspension and revocation of certificates of
registration.
* * * * *
(d) Every U.S. Registered Pilot shall, whenever his or her license
is revoked or suspended under the provisions of Part 5 of this title,
deliver his Certificate of Registration simultaneously with his or her
license to the U.S. Coast Guard. If the license is suspended, the
Certificate of Registration will be held with the suspended license and
returned to the holder upon expiration of the suspension period.
Sec. 401.431 [Amended]
6. In redesignated Sec. 401.431(e) remove the words ``Saint
Lawrence Seaway Development Corporation'' and add, in its place, the
word ``Administration.''
Sec. 401.510 [Amended]
7. In both sentences of redesignated Sec. 401.510(b)(5) remove the
words ``or the Director.''
PART 402--[AMENDED]
8. The authority citation for redesignated part 402, Title 46, Code
of Federal Regulations is revised to read as follows:
Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304; 49 CFR 1.46
(mmm).
PART 403--[AMENDED]
9. The authority citation for redesignated part 403, Title 46, Code
of Federal Regulations is revised to read as follows:
Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304; 49 CFR 1.46
(mmm).
[[Page 35140]]
PART 404--[AMENDED]
10. The authority citation for redesignated part 404, Title 46,
Code of Federal Regulations is revised to read as follows:
Authority: 46 U.S.C. 2104(a), 8105, 9303, 9304; 49 CFR 1.46
(mmm).
11. In addition to the above amendments to Chapter III of Title 46,
remove the word ``Director'' and add, in its place, the word
``Commandant'' in the following sections:
a. Section 401.210(a)(4);
b. Section 401.210(a)(7);
c. Section 401.220(b);
d. Section 401.240(d);
e. Section 401.320(d)(2);
f. Section 401.320(d)(3);
g. Section 401.510(b)(3), introductory text
h. Section 401.710(g); and
i. Section 401.100.
12. In addition to the above amendments to Chapter III of Title 46,
remove the words ``Saint Lawrence Seaway Development Corporation'' and
add, in their place, the words ``U.S. Coast Guard'' in the following
sections:
a. Section 401.211(e);
b. Section 401.230(c);
c. Section 401.230(d);
d. Section 401.240(a);
e. Section 401.250(c);
f. Section 401.320(d)(4);
g. Section 401.425;
h. Section 401.510(b)(2);
i. Section 401.510(b)(3);
j. Section 401.600(a);
k. Section 401.615(b); and
l. Section 401.620(a).
13. In addition to the above amendments to Chapter III of Title 46,
remove the word ``Administrator'' and add, in its place, the word
``Commandant'' in the following sections:
a. Section 401.615(b); and
b. Section 401.650.
14. In addition to the above amendments to Chapter III of Title 46,
remove all references to ``404'' and add, in their place, ``401'' in
the following sections:
a. 401.210(a)(8);
b. 401.210(b);
c. 401.211(a)(1), (b) and (3);
d. 401.230(e);
e. 401.240(b);
f. 401.320(b);
g. 401.330(a);
h. 401.335(a)(1);
i. 401.340(a) and (c);
j. 401.400(c);
k. 401.405 introductory text;
l. 401.410 introductory text;
m. 401.420(a);
n. 401.425;
o. 401.438;
p. 401.431(a), (f) and (g);
q. 401.451(a)(1);
r. 401.600(b);
s. 401.620(b);
t. 401.645;
u. 401.700(b);
v. 401.710(e);
w. 401.720(b);
x. 401.100;
y. 401.210(a);
z. 401.320(a) introductory text;
aa. 403.100;
bb. 403.400(c);
cc. 404.1(a);
15. In addition to the above amendments to Chapter III of Title 46,
remove all references to ``405'' and add, in their place, ``402'' in
the following sections:
a. 401.340(a);
b. 401.710.(d) and (e).
16. In addition to the above amendments to Chapter III of Title 46,
remove all references to ``406'' and add, in their place, ``403'' in
the following sections:
a. 401.320(d)(3);
b. Part 404, Appendix A. Step 1.A.
17. In addition to the above amendments to Chapter III of Title 46,
remove all references to ``407'' and add, in their place, ``404'' in
the following sections:
a. 403.120(b);
b. 404.1(b);
c. 404.10(a);
c. 404, Appendix A, Step 1.B;
d. 404, Appendix C, introductory text.
Dated: June 24, 1998.
J.P. High,
Acting Assistant Commandant for Marine Safety and Environmental
Protection.
[FR Doc. 98-17269 Filed 6-26-98; 8:45 am]
BILLING CODE 4910-15-M
