[Federal Register Volume 63, Number 208 (Wednesday, October 28, 1998)]
[Rules and Regulations]
[Page 57610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28821]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1-295]


Organization and Delegation of Powers and Duties; Delegation to 
the Federal Railroad Administrator

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Secretary is delegating his authority to the Federal 
Railroad Administrator under section 322 to Title 23 of the United 
States Code. Section 322, titled the Magnetic Levitation Transportation 
Technology Deployment Program, was added by section 1218 of the 
Transportation Equity Act for the 21st Century, Public Law 105-178 
(June 9, 1998). Section 322 provides a total of $55 million for Fiscal 
Years 1999 through 2001 for preconstruction planning activities, final 
design, engineering, and construction activities for maglev deployment; 
$15 million is available in Fiscal Year 1999 and $40 million for Fiscal 
Years 2000 and 2001. Also, section 322 authorizes--but does not 
appropriate--additional Federal funds of $950 million for final design 
and construction of the most promising project. The authority of the 
Secretary in section 322 to make financial assistance available to 
states through the establishment of eligibility criteria, solicitation 
of applications, and the selection of projects for funding should be 
delegated to the Federal Railroad Administrator because FRA has the 
expertise and staff to carry out this program in accordance with the 
statutory requirements.

EFFECTIVE DATE: October 28, 1998.

FOR FURTHER INFORMATION CONTACT: Gareth W. Rosenau, Office of Chief 
Counsel (RCC-20), Federal Railroad Administration, 400 Seventh Street, 
SW. (Stop 10), Washington, DC 20590. Phone: (202) 493-6054.

SUPPLEMENTARY INFORMATION: Since this amendment relates to departmental 
organization, procedure and practice, notice and comment on it are 
unnecessary under 5 U.S.C. 553(b). Further, since the amendment 
expedites the Federal Railroad Administration's ability to meet the 
statutory deadlines of the Magnetic Levitation Transportation 
Technology Deployment Program, 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.

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, effective upon publication, 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; Public Law 101-552, 28 U.S.C. 2672, 31 
U.S.C. 3711(a)(2).

    2. In Sec. 1.49 (Delegations to Federal Railroad Administrator), 
the following section (kk) is added at the end thereof.


Sec. 1.49  Delegations to the Federal Railroad Administration.

* * * * *
    (kk) Carry out the functions and exercise the authority vested in 
the Secretary by 23 U.S.C. 322, titled the Magnetic Levitation 
Transportation Technology Deployment Program.

    Issued in Washington, DC, this 21st day of October, 1998.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 98-28821 Filed 10-27-98; 8:45 am]
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