95-17911. Organization and Delegation of Powers and Duties; Delegations of Authority to the Maritime Administrator

[Federal Register Volume 60, Number 139 (Thursday, July 20, 1995)]
[Rules and Regulations]
[Pages 37371-37372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17911]



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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1-271]


Organization and Delegation of Powers and Duties; Delegations of 
Authority to the Maritime Administrator

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Secretary of Transportation (Secretary) hereby delegates 
to the Maritime Administrator authority from the Administrator of 
General Services for the enforcement of laws and protection of persons 
and property at the United States Merchant Marine Academy located in 
Kings Point, New York. This amendment revises language in subparagraph 
1.66(q) to reflect current delegation of authority.

EFFECTIVE DATE: This rule becomes effective July 20, 1995.

FOR FURTHER INFORMATION CONTACT: Richard Weaver, Chief, Division of 
Management and Organization, Maritime Administration, MAR-318, Room 
7225, 400 Seventh Street, SW., Washington, DC, 20590, [phone] or 
Steven B. Farbman, Office of the Assistant General Counsel for 
Regulation and Enforcement (C-50), Department of Transportation, Room 
10424, 400 Seventh Street, SW., Washington, DC 20590, [phone].

SUPPLEMENTARY INFORMATION: The Maritime Administration (MARAD) has been 
delegated authority for law enforcement and protection of persons and 
property at the U.S. Merchant Marine Academy (USMMA) since 1967, when 
the Secretary of Commerce redelegated to MARAD authority delegated by 
the Administrator of General Services. At that time, MARAD was assigned 
to the Department of Commerce (DOC). In 1981, Public Law 97-31 
transferred MARAD to the Department of Transportation. Section 9(a) of 
that act provided ``(a) All orders, determinations, rules, regulations, 
permits, grants, contracts, agreements, certificates, licenses, and 
privileges--(1) Which have been issued, made, granted, or allowed to 
become effective by the President, any Federal department or agency or 
official thereof, or by a court of competent jurisdiction, in the 
performance of functions which are transferred under this Act to the 
Secretary of Transportation or the Department of Transportation, and 
(2) which are in effect at the time this Act takes effect shall 
continue in effect according to their terms until modified, terminated, 
superseded, set aside, or revoked in accordance with law by the 
President, the Secretary of Transportation, or other authorized 
official, a court of competent jurisdiction, or by operation of law.'' 
Thus, the delegation by GSA and redelegation to MARAD continued in 
effect, through the Secretary of Transportation, until such time as it 
was amended or revoked by subsequent action. The Secretary of 
Transportation redelegated the authority to MARAD (49 CFR 1.66(q), 46 
FR 47460, 9/28/81, effective 8/6/81), based on Public Law 97-31. On 
March 15, 1995, DOC requested the General Services Administration to 
revise DOC's delegation to reflect a number of changes, including the 
fact that the USMMA was no longer a responsibility of DOC. Accordingly, 
MARAD requested GSA to formalize the delegation of authority to the 
Secretary 

[[Page 37372]]
of Transportation. The GSA's delegation to the Secretary of 
Transportation was accomplished on May 8, 1995, and is the basis for 
this amendment to update the current delegation and date. The delegated 
authority may be accomplished through appointment of uniformed 
personnel as special police, establishment of rules and regulations 
governing conduct on the affected property, and execution of agreements 
with other Federal, State, or local authorities. The delegation shall 
remain in effect through May 1, 2000. Since this amendment relates to 
departmental management, organization, procedure, and practice, notice 
and comment are unnecessary, and the rule may become effective in fewer 
than 30 days after publication in the Federal Register.

List of Subjects in 49 CFR Part 1

    Authority delegations (Government agencies), Organizations 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 I 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 1.66 is amended by revising the text of paragraph (q), 
to read as follows:


Sec. 1.66  Delegations to Maritime Administrator.

* * * * *
    (q) Exercise the authority vested in the Administrator of General 
Services by the Act of June 1, 1948, Pub. L. 80-566, 62 Stat. 281, 40 
U.S.C. 318-318c and the Federal Property and Administrative Services 
Act of 1949, as amended, 63 Stat. 377, and delegated by the 
Administrator of General Services on May 8, 1995, relating to the 
enforcement of laws for the protection of property and persons at the 
United States Merchant Marine Academy, located in Kings Point, New 
York. This may be accomplished through appointment of uniformed 
personnel as special police, establishment of rules and regulations 
governing conduct on the affected property, and execution of agreements 
with other Federal, State, or local authorities. This delegation shall 
remain in effect through May 1, 2000;
* * * * *
    Issued at Washington, DC this 12th day of July, 1995.
Federico Pena,
Secretary of Transportation.
[FR Doc. 95-17911 Filed 7-19-95; 8:45 am]
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