[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Rules and Regulations]
[Page 61033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28877]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

49 CFR Part 601


Responsibilities of the Administrator

AGENCY: Federal Transit Administration, DOT.

ACTION: Final rule.

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SUMMARY: The Federal Transit Administration (FTA) is amending 49 CFR 
Part 601 to make express that the Deputy Administrator serves as the 
Administrator's ``first assistant'' within the meaning of the Federal 
Vacancies Reform Act of 1998 and thus serves as the Acting 
Administrator when the Administrator's position is vacant.

EFFECTIVE DATE: November 9, 1999.

FOR FURTHER INFORMATION CONTACT: Elizabeth A.S. Martineau, Office of 
Chief Counsel, Federal Transit Administration, Room 9316, 400 Seventh 
Street, SW., Washington, DC 20590 (202) 366-1936.

SUPPLEMENTARY INFORMATION: This rule amends 49 CFR section 601.4 to 
provide that the Deputy Administrator is the Administrator's ``first 
assistant'' for purposes of the Federal Vacancies Reform Act of 1998 
(Pub. L. 105-277) and to delete references to agency officials who 
shall perform the duties of the Administrator in the absence or 
disability of the ``first assistant'' and to, instead, refer to the 
internal FTA order on succession of authority. This rules does not 
impose substantive requirements; it simply updates the Code of Federal 
to conform FTA's organizational provisions to the Federal Vacancies 
Reform Act to 1998, which alters the way in which vacancies in 
presidentially appointed, Senate-conformed offices within the executive 
branch may be filled on a temporary basis.
    This final rule is ministerial in nature and relates only to agency 
management, organization, procedure, and practice and is not a 
regulation or rule for the purposes of Executive Order No. 12866. 
Therefore, the FTA has determined that notice and comment are 
unnecessary and that the rule is exempt for prior notice and comment 
requirements under 5 U.S.C. 553(b)(3)(A). These changes will not have 
substantive impact and FTA does not expect to receive substantive 
comments on the rule. Therefore, FTA finds that there is good cause 
under 5 U.S.C. 553(d)(3) to make this rule effective less than 30 days 
after publication in the Federal Register.

Regulatory Analyses and Notices

    FTA has determined that this action is not a significant regulatory 
action under Executive Order 12866 or under the Department's Regulatory 
Policies and Procedures. There are no costs associated with this rule. 
FTA certifies that this rule will not have a significant economic 
impact on a substantial number of small entities. FTA does not believe 
that there are sufficient federalism implications to warrant the 
preparation of a federalism assessment.

Paper Reduction Act

    This rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Unfunded Mandates Reform Act of 1995

    FTA has determined that the requirements of Title II of the 
Unfunded Mandates Reform Act of 1995 do not apply to this rulemaking.

List of Subjects in 49 CFR Part 601

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

    For the reasons set forth in the preamble, the Federal Transit 
Administration amends 49 CFR Part 601 as follows:

PART 601--[Amended]

    1. The authority citation for Part 601 is revised to read as 
follows:

    Authority: 49 U.S.C. 1657, 1659; Reorganization Plan No. 2 of 
1968 (82 Stat. 1369); 49 CFR 1.51.

    2. Revise section 601.4 to read as follows:


Sec. 601.4  Responsibilities of the Administrator.

    The Administrator is responsible for the planning, direction, and 
control of the activities of FTA and has authority to approve urban 
mass transportation grants, loans, and contracts. The Deputy 
Administrator is the ``first assistant'' for purposes of the Federal 
Vacancies Reform Act of 1998 (Pub. L. 105-277) and shall, in the event 
of the absence or disability of the Administrator, serve as the Acting 
Administrator, subject to the limitations in that Act. In the event of 
the absence or disability of both the Administrator and the Deputy 
Administrator, officials designated by the agency's internal order on 
succession shall serve as Acting Deputy Administrator and shall perform 
the duties of the Administrator, except for any non-delegable statutory 
and/or regulatory duties.

    Issued on: October 29, 1999.
Gordon J. Linton,
Administrator.
[FR Doc. 99-28877 Filed 11-8-99; 8:45 am]
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