[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Rules and Regulations]
[Pages 34745-34746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16935]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[OST Docket No. 1; Amdt. 1-277]
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 has delegated to the
Commandant, United States Coast Guard, the authority contained in 14
U.S.C. 326 to remove an officer from active duty, and the authority in
14 U.S.C. 256(b), to establish the promotion zone for rear admiral
(lower half). The Code of Federal Regulations does not reflect these
delegations; therefore, a change is necessary.
EFFECTIVE DATE: July 3, 1996.
FOR FURTHER INFORMATION CONTACT:
LCDR Michael Lehocky, Human Resources Directorate, (202) 267-1664, U.S.
Coast Guard, 2100 Second Street, SW., Washington, DC 20593; LCDR
Vincent DeLaurentis, Coast Guard Personnel Command, (202) 267-2883,
U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 20593; or
Ronald Gordon, Executive Secretariat, (202) 366-9761, Department of
Transportation, 400 Seventh Street, SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Section 256(b) of Title 14, U.S. Code
contains the Secretary's authority to establish the promotion zone for
rear admirals. On September 16, 1986, then Secretary Elizabeth Dole
delegated to the Commandant, United States Coast Guard, the Secretary's
authority under 14 U.S.C. 256(b) to establish the promotion zone for
rear admiral (lower half) provided that all captains eligible for
consideration under the provisions of section 257(a)(5), Title 14, U.S.
Code are placed in the zone. The necessary changes to the Code of
Federal Regulations were never completed, however, and the current CFR
sections relating to delegations still show this authority reserved to
the Secretary of Transportation. (See 49 CFR 1.44(m)(3)).
Title 14, U.S. Code, sections 321, 322, and 323 provide a three-
board (Determination Board, Board of Inquiry, and Board of Review)
process to consider the record of a Coast Guard officer whose
performance is substandard or whose record shows moral or professional
dereliction. If the third board, the Board of Review, recommends
separation of the officer, 14 U.S.C. 326 requires that recommendation
to be forwarded to the Secretary for final action. On January 6, 1987,
then Secretary Elizabeth Dole delegated the Secretary's authority under
14 U.S.C. 326 to the Commandant of the Coast Guard. The necessary
changes to the Code of Federal Regulations were never completed,
however, and the current CFR sections relating to delegations still
show this authority reserved to the Secretary of Transportation. (See
49 CFR 1.44(m)(4)).
This rule removes the reservations of authority in section 1.44 and
adds specific delegations of authority to 49 CFR 1.46, thus amending
the codification to correctly reflect secretarial delegations 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 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).
Sec. 1.44 [Amended]
2. Sections 1.44(m)(3) and 1.44(m)(4) are removed and reserved.
Sec. 1.46 [Amended]
3. Section 1.46 is amended by adding new paragraphs (aaa) and (bbb)
to read as follows:
Sec. 1.46 Delegations to Commandant of the Coast Guard.
* * * * *
(aaa) Establish the promotion zone for rear admiral (lower half),
provided all captains eligible for consideration under the provisions
of section 257(a)(5), Title 14, U.S. Code, are placed in the zone.
(bbb) Remove an officer from active duty under section 326, Title
14, U.S. Code.
[[Page 34746]]
Issued at Washington, DC, this 21st day of June 1996.
Federico F. Pena,
Secretary of Transportation.
[FR Doc. 96-16935 Filed 7-2-96; 8:45 am]
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