[Federal Register Volume 59, Number 119 (Wednesday, June 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15139]


[[Page Unknown]]

[Federal Register: June 22, 1994]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1-262]

 

Organization and Delegation of Powers and Duties Delegations to 
General Counsel

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Secretary of Transportation has delegated to the General 
Counsel the authority to deny petitions for rulemaking or petitions for 
exemptions and to notify petitioners of denials. This rule is necessary 
to reflect the delegation in the Code of Federal Regulations.

EFFECTIVE DATE: This rule becomes effective June 22, 1994.

FOR FURTHER INFORMATION CONTACT: Steven B. Farbman, Office of the 
Assistant General Counsel for Regulation and Enforcement (202) 366-
9306, Department of Transportation, 400 7th Street SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION: Under 49 CFR 5.11, any person may petition 
the Secretary of Transportation to issue, amend, or repeal a rule, or 
for a permanent or temporary exemption from any rule. Under 49 CFR 
5.13, if the Secretary determines that the petition contains adequate 
justification, he is authorized to initiate rulemaking action or grant 
the exemption. If the Secretary determines that the petition does not 
contain adequate justification, he is authorized to deny the petition. 
The Secretary is also authorized to notify the petitioner of the 
decision. This rule delegates to the General Counsel the Secretary of 
Transportation's authority to deny a petition for rulemaking or a 
petition for exemption and to notify the petitioner of the denial.
    Since this rule relates to departmental management, organization, 
procedure, and practice, notice and public comment are unnecessary. For 
the same reason, good cause exists for not publishing this rule at 
least 30 days before its effective date, as is ordinarily required by 5 
U.S.C. 553(d). Therefore, this rule is effective on the date of its 
publication.

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 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).

    2. Section 1.57 is amended by adding paragraph (q) to read as 
follows:


Sec. 1.57  Delegations to General Counsel.

* * * * *
    (q) Deny petitions for rulemaking or petitions for exemptions in 
accordance with Sec. 5.13(c) of this title, and notify petitioners of 
denials in accordance with Sec. 5.13(d) of this title.
* * * * *
    Issued at Washington, DC this 8th day of June 1994.
Federico Pena,
Secretary of Transportation.
[FR Doc. 94-15139 Filed 6-21-94; 8:45 am]
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