[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Rules and Regulations]
[Pages 36496-36497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15400]
[[Page 36496]]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[Docket No. OST 1999-6189]
RIN 9991-AA37
Organization and Delegation of Powers and Duties, Update of
Secretarial Delegations
AGENCY: Office of the Secretary, Department of Transportation.
ACTION: Final rule.
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SUMMARY: The Secretary of Transportation (Secretary) is delegating to
the Maritime Administrator his authority to issue, transfer, amend, or
reinstate a license for the construction and operation of a deepwater
port as provided for in the Deepwater Port Act, of 1974, as amended.
Section 106 of the Maritime Transportation Security Act of 2002 amended
the Deepwater Port Act to include facilities that transport natural gas
from the United States outer continental shelf. This rule does not
change the previous delegation of license processing functions to the
United States Coast Guard, now part of the Department of Homeland
Security, and to the Maritime Administration. The two agencies will
continue to coordinate their processing of the license applications.
The rule also does not change the previous delegation of Deepwater Port
Act authority to the Administrator of the Research and Special Programs
Administration.
EFFECTIVE DATE: June 18, 2003.
FOR FURTHER INFORMATION CONTACT: Ms. Nancy Kessler, Senior Attorney-
Advisor, Office of the Assistant General Counsel for Environmental,
Civil Rights, and General Law, Department of Transportation, Room
10102, 400 Seventh Street, SW., Washington, DC 20590, Phone: (202) 366-
9154.
SUPPLEMENTARY INFORMATION: This rule revises the Secretary's
reservation of authority under the Deepwater Port Act, as amended. The
Secretary is delegating to the Maritime Administrator his authority to
issue, transfer, amend, or reinstate a license for the construction and
operation of a deepwater oil or natural gas port as provided for in the
Deepwater Port Act of 1974, as amended, 33 U.S.C. 1501-1524 (DWPA). The
DWPA, as amended by section 106 of the Maritime Transportation Security
Act of 2002, Pub. L. 107-295, 116 STAT. 2064 at 286 (MTSA), governs the
licensing of any offshore facility used to handle and transport
petroleum and natural gas, pursuant to the amendment of the DWPA. A
deepwater port must be licensed by the Secretary. To date, LOOP LLC is
the only offshore deepwater port facility licensed by the Secretary
under the DWPA. LOOP LLC's License was issued on January 17, 1977, and
was amended and updated on June 1, 2000.
The Commandant of the United States Coast Guard (USCG) and the
Administrator of the Maritime Administration (MARAD) have operated
under delegated authority to coordinate the processing of applications
for the issuance, transfer, amendment, or reinstatement of a license
for the construction and operation of a deepwater port. 62 FR 11382
(March 12, 1997); 49 CFR 1.46(s) and 1.66(aa). The USCG has the
additional statutory responsibility to approve an operations manual for
a deepwater port. 33 U.S.C. 1503(e)(1). The USCG retained the statutory
and delegated authorities upon its transfer to the Department of
Homeland Security (Department of Homeland Security Delegation Number:
0170, Sec. 2. (75), March 3, 2003; Pub. L. 107-296, section 888.).
This rule does not change the authorities delegated to USCG and to
MARAD nor does it change the coordination between the USCG and MARAD
for processing license applications. The rule clarifies that the
authorities of USCG and MARAD for processing license applications
include the authorities to process an application for a license
reinstatement. 33 U.S.C. 1503(b) and (f) (as amended by Pub. L. 98-419,
Sept. 25, 1984).
This rule does not change the Secretary's previous delegation of
DWPA authority to the Administrator of the Research and Special
Programs Administration (RSPA) in 49 CFR 1.53(a)(3) for the
establishment, enforcement, and review of regulations concerning the
safe construction, operation or maintenance of pipelines on Federal
lands and the Outer Continental Shelf (33 U.S.C. 1520).
By Federal Register notices dated, respectively, December 27, 2002
(67 FR 79234), and January 23, 2003 (68 FR 3299), the Department of
Transportation through the USCG and MARAD gave notice, as required by
the DWPA, of applications filed by Port Pelican LLC and El Paso Energy
Bridge Gulf of Mexico, LLC for licenses to own, construct, and operate
deepwater natural gas port facilities. Since then, MARAD and the USCG
have been coordinating the processing of these applications. By this
rule, MARAD has the authority over the issuance of the licenses for the
respective applicants and for any future applicants.
This amendment to 49 CFR part 1 to reflect the Secretary's
delegation of his authority to issue, transfer, amend or reinstate a
license for the construction and operation of a deepwater port to the
Maritime Administrator relates solely to departmental organization,
procedure, and practice. Therefore, notice and comment are unnecessary
under 5 U.S.C. 553(b). Further, since the amendment expedites the
MARAD's ability to meet the statutory intent of the applicable laws and
regulations covered by this delegation, the Secretary finds good cause
under 5 U.S.C. 553(d)(3) for the final rule to be effective on the date
of publication in the Federal Register.
Regulatory Process Matters
Regulatory Assessment
This rulemaking is a nonsignificant regulatory action under section
3(f) of Executive Order 12866 and has not been reviewed by the Office
of Management and Budget under that Order. This rule is also not
significant under the regulatory policies and procedures of the
Department of Transportation, 44 FR 11034.
This rule does not impose unfunded mandates or requirements that
will have any impact on the quality of the human environment.
Small Business Impact
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601 et seq., (Act)
was enacted by Congress to ensure that small entities are not
unnecessarily and disproportionately burdened by government
regulations. The Act requires agencies to review proposed regulations
that may have a significant economic impact on a substantial number of
small entities. For purposes of this rule, small entities include all
small businesses that are potential offerors and contractors bidding on
Department of Transportation proposed acquisitions. The Act does not
apply to this rulemaking, since a notice of proposed rulemaking was not
required. However, the Department certifies that this rule does not
have a significant economic impact on a substantial number of small
entities. The rule makes administrative changes to 49 CFR Part 1;
therefore, a Regulatory Flexibility Analysis has not been performed.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism Assessment
This proposed rule has been reviewed in accordance with the
principles and
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criteria contained in Executive Order 13132 dated August 4, 1999, and
it is determined that this action does not have a substantial direct
effect on the States, or the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. This rule will
not limit the policymaking discretion of the State nor preempt any
State law or regulation.
List of Subjects in 49 CFR Part 1
Authority delegations (Government agencies), Organizations and
functions (Government agencies).
0
In consideration of the foregoing, Part 1 of Title 49, Code of Federal
Regulations, is amended as follows:
PART 1--[AMENDED]
0
1. The authority citation for part 1 is revised to read as follows:
Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31
U.S.C. 3711(a)(2); Pub. L. 101-552, 104 Stat. 2736; Pub. L. 106-159,
113 Stat. 1748; Pub. L. 107-71, 115 Stat. 597; Pub. L. 107-295.
0
2. In Sec. 1.44, revise paragraph (o) to read as follows:
Sec. 1.44 Reservation of authority.
* * * (o) Deepwater ports. Repealed.
* * * * *
0
3. In Sec. 1.66, redesignate paragraphs (aa)(1) through (6) as
paragraphs (aa)(2) through (7). Add a new paragraph (aa)(1) and revise
newly designated (aa)(2) to read as follows:
Sec. 1.66 Delegations to the Maritime Administrator.
* * * * *
(aa) * * *
(1) The authority to issue, transfer, amend, or reinstate a license
for the construction and operation of a deepwater port (33 U.S.C.
1503(b)).
(2) The authority to process applications for the issuance,
transfer, amendment, or reinstatement of a license for the construction
and operation of a deepwater port (33 U.S.C. 1503(b)), as amended, in
coordination with the Commandant of the Coast Guard.
* * * * *
Issued in Washington, DC on this 4th day of June, 2003.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 03-15400 Filed 6-17-03; 8:45 am]
BILLING CODE 4910-62-P