[Federal Register Volume 62, Number 102 (Wednesday, May 28, 1997)]
[Rules and Regulations]
[Page 28807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13950]



[[Page 28807]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1 ; Amdt. 1-288]


Organization And Delegation Of Powers And Duties; Delegation To 
The Administrator, Federal Highway Administration

AGENCY: Office of the Secretary (OST), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Secretary of Transportation delegates to the 
Administrator, Federal Highway Administration, the authority to manage 
the Department's $400 million loan with the Alameda Corridor 
Transportation Authority (ACTA). This requires a change to the Code of 
Federal Regulations.

EFFECTIVE DATE: This rule is effective May 28, 1997.

FOR FURTHER INFORMATION CONTACT: Gwyneth Radloff, Office of the 
Assistant General Counsel for Regulation and Enforcement at (202) 366-
9305, Department of Transportation , 400 7th Street SW., Washington, DC 
20590.

SUPPLEMENTARY INFORMATION: This rule delegates to the Federal 
Highway Administrator the responsibility to manage the Department's 
$400 million loan with the Alameda Corridor Transportation 
Authority (ACTA). Title V, Chapter 5 of the Act Making Omnibus 
Consolidated Appropriations for Fiscal Year 1997 (Act) appropriates 
funds for direct Federal loans not to exceed $400 million under the 
authority of Section 505 of the Railroad Revitalization and 
Regulatory Reform Act of 1976 (4R). The reason for the 4R 
authorization is unrelated to DOT's institutional organization, and 
the Act, as well as the applicable language from Section 505, 
confers loan responsibility with the Secretary of Transportation. 
In addition to this loan, our financial participation includes 
Federal-Aid Highway funds administered by FHWA's California 
division. Delegating loan management to FHWA will assure that 
administrative, legal, engineering and financial aspects of this 
unique project are managed by a single operating administration.

    This rule is being published as a final rule and is being made 
effective on the date of publication. It relates to departmental 
management, organization, procedure, and practice. For this reason, the 
Secretary for good cause finds, under 5 U.S.C. 553(b) B and (d)(3), 
that notice and comment on it are unnecessary and that it may be made 
effective in fewer than 30 days after publication in the Federal 
Register.

List of Subjects in 49 CFR Part 1

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

    For the reasons set forth above, 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 1.48 is amended by adding a new paragraph (kk) as 
follows:


Sec. 1.48  Delegations to Federal Highway Administrator.

* * * * *
    (kk) Carry out the functions vested in the Secretary of 
Transportation by section 505 of the Railroad Revitalization and 
Regulatory Reform Act of 1976, as amended, relating to the Alameda 
Corridor Project in consultation with the Federal Railroad 
Administrator.


    Issued in Washington, D. C. on May 20, 1997.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 97-13950 Filed 5-27-97; 8:45 am]
BILLING CODE 4910-62-P