[Federal Register Volume 65, Number 158 (Tuesday, August 15, 2000)]
[Rules and Regulations]
[Pages 49763-49766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20702]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket No. OST-2000-7761]


Organization and Delegation of Powers and Duties; Delegations 
Concerning the Hazardous Materials Transportation Programs

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Office of the Secretary of Transportation (OST) is 
updating the delegations of authority from the Secretary to five 
Operating Administrations and the Associate Deputy Secretary and 
Director, Office of Intermodalism, in response to the Secretary's 
determination that hazardous materials safety would be enhanced by 
placing the focal point for intermodal and cross-modal DOT hazardous 
materials program issues with the Associate Deputy Secretary. This 
document revises the current delegations concerning hazardous materials 
to reflect the primacy of the Associate Deputy Secretary for cross-
modal DOT hazardous materials program issues. Further, this rule 
broadens each Operating Administration's delegations to allow them to 
use their respective resources for DOT-wide purposes. Additionally, the 
rule provides the Director of the Bureau of Transportation Statistics 
with the authority, in coordination with the Associate Deputy 
Secretary, to work with the Operating Administrations to determine data 
needs, collections strategies, and analytical techniques appropriate 
for implementing DOT's hazardous materials program.

EFFECTIVE DATE: August 15, 2000.

FOR FURTHER INFORMATION CONTACT: Blane Workie, Regulation and 
Enforcement, Office of the General Counsel, U.S. Department of 
Transportation, 400 7th Street SW., Room 10424, Washington, DC 20590. 
(202) 366-4723.

SUPPLEMENTARY INFORMATION:

A. DOT's Hazardous Materials Program Evaluation

    The Government Performance and Results Act of 1993 (GPRA) (Public 
Law 103-62; 107 Stat. 285) requires agencies to develop a schedule of 
program evaluations for inclusion in their strategic plans. In support 
of GPRA, the Department of Transportation (DOT) committed, in its 1997-
2002 strategic plan, to conduct a review of its hazardous materials 
transportation programs. The objectives of the hazardous materials 
program evaluation (HMPE) were to (1) document current hazardous 
materials movements, Operating Administration programs, and program 
delivery; (2) assess the effectiveness of DOT's overall hazardous 
materials program as it affects each step in the hazardous materials 
transportation process; and (3) identify areas for further analysis or 
other actions.
    During 1999, a team of DOT employees from the Office of Inspector 
General, U.S. Coast Guard, Federal Aviation Administration, Federal 
Motor Carrier Safety Administration, Federal Railroad Administration, 
and Research and Special Programs Administration conducted the HMPE. 
They participated in multi-modal and individual modal administration 
inspections, visited package-testing facilities, observed shipper-check 
activities, and addressed safety conferences. To learn from DOT's 
stakeholders--those interested in the safe transportation of hazardous 
materials--the HMPE team hosted three public focus group meetings. 
Representatives of shippers, carriers, packaging manufacturers, 
hazardous materials employees, enforcement personnel, emergency 
responders, trade associations, and organized labor participated in the 
meetings.
    The HMPE team's findings are set out in its March 2000 final report 
to the Secretary. In summary, the HMPE team made the following five 
findings. First, the Secretarial delegations do not provide for DOT-
wide coordination or oversight of the five DOT Operating 
Administrations responsible for ensuring hazardous materials safety. 
Second, shippers of hazardous materials are a common element across the 
Operating Administrations, perform critical functions early in the 
transportation stream, and can impact safety system wide. However, 
shippers generally receive less attention DOT-wide than carriers. 
Third, human error continues to be the single greatest contributing 
factor in hazardous materials incidents and DOT has not been effective 
in changing this trend. In addition, the traveling public is largely 
unaware of the dangers posed by hazardous materials they may carry with 
them in checked or carry-on baggage. Also, the traveling public is 
unaware of the threat to hazardous materials transportation safety 
posed by passenger vehicles engaged in unsafe driving practices on the 
nation's highways. Fourth, DOT lacks reliable, accurate, and timely 
data to measure program effectiveness and make informed program 
delivery and resource decisions. Fifth, there are numerous cross-modal 
issues (issues that are relevant to more than one operating 
administration) and intermodal issues (issues that affect more than one 
mode of transportation) that require further analysis and other 
actions, for example, undeclared hazardous materials shipments, the 
complexity and adequacy of the current hazardous materials regulations, 
safety gaps related to hazardous materials in the U.S. mail, enhanced 
inspection authority, and ways to improve DOT's current performance 
measure.
    Based on its findings, the HMPE team concluded that while DOT's 
hazardous materials program works reasonably well, DOT could enhance 
hazardous materials transportation safety by: (1) Establishing a 
central focal point to administer and deliver a DOT-wide hazardous 
materials program aimed at intermodal and cross-modal issues to provide 
for more effective deployment of resources; (2) developing DOT-wide 
strategies and actions to focus more on high-risk or problem shippers 
through targeted outreach activities, technical assistance, and 
inspections; (3)

[[Page 49764]]

strengthening its training standard to improve industry safety 
practices and compliance with the hazardous materials regulations; (4) 
developing a coordinated national campaign to increase public awareness 
of the dangers of hazardous materials in transportation; and (5) 
improving hazardous materials census, incident, compliance, and budget 
data DOT-wide, improving the analysis of that data, and developing ways 
to increase data availability and usefulness.

B. Changes to Secretarial Delegations

    To achieve a One-DOT approach to hazardous materials safety, the 
HMPE team concluded that DOT should establish an institutional 
capacity, complementary to the Operating Administrations at the 
Department-wide level, to facilitate program coordination and direction 
to provide for more effective deployment of DOT's hazardous materials 
resources. The institutional capacity should administer and deliver a 
department-wide hazardous materials program to strengthen strategic 
planning, program coordination, and program delivery. It should have 
the authority to establish DOT-wide policy, program objectives and 
priorities, and focus budget and resource strategies.
    Based on the HMPE team's findings and recommendations, the 
Secretary has decided to place the focal point for intermodal and 
cross-modal DOT hazardous materials program issues with the Associate 
Deputy Secretary and Director, Office of Intermodalism (Associate 
Deputy Secretary). That office will be responsible for implementing the 
HMPE team's recommendations, including the items identified as needing 
further analysis. Specifically, that office will:
    (1) Serve as the principal adviser to the Secretary on all 
intermodal and cross-modal hazardous materials matters;
    (2) Act as the focal point for review of hazardous materials 
policies, priorities, and objectives;
    (3) Provide oversight for planning and budgeting strategies for all 
departmental hazardous materials activities;
    (4) Resolve disputes among Operating Administrations on hazardous 
materials issues;
    (5) Provide external reviews and continual monitoring of all 
departmental hazardous materials activities;
    (6) In coordination with the Assistant Secretary for Budget and 
Programs, direct that the Operating Administrations apply resources to 
specific cross-modal initiatives;
    (7) Coordinate DOT-wide hazardous materials outreach and data 
activities; and
    (8) Address other regulatory and programmatic cross-modal issues 
related to hazardous materials, as warranted.
    In addition to carrying out the HMPE team's recommendations, the 
Secretary has delegated to the Director of the Bureau of Transportation 
Statistics the authority to work with the Operating Administrations to 
determine data needs, collections strategies, and analytical techniques 
appropriate for implementing DOT's hazardous materials program. This 
authority is to be exercised in coordination with the Associate Deputy 
Secretary.
    Finally, to clearly establish the hazardous materials primacy of 
the Associate Deputy Secretary, the Secretary has made complementary 
changes to the delegations to the five Operating Administrations with 
hazardous materials responsibilities. Each Operating Administration's 
hazardous materials delegation (with the exception of certain single-
mode functions) has been made subject to the delegations to the 
Associate Deputy Secretary. Further, their delegations have been 
broadened to allow them to use their resources for DOT-wide purposes, 
such as inspections of shippers by all modes of transportation. Minor 
revisions are also being made to 49 CFR part 1 to update statutory 
authority citations where necessary.

C. Public Notice and Comment/Effective Date of Final Rule

    This final rule updates the delegations of authority from the 
Secretary of Transportation to other Departmental officials to 
represent the organizational posture of the Department. As such, the 
final rule is ministerial in nature and relates only to Departmental 
management, organization, procedure, and practice. Since this amendment 
relates to departmental organization, procedure and practice, notice 
and comment on it are unnecessary under 5 U.S.C. 553(b).
    Furthermore, this rule does not impose substantive requirements on 
the public and the Department does not expect to receive substantive 
comments on the rule. Also, this final rule expedites the Department of 
Transportation's ability to meet the statutory intent of the Federal 
hazardous materials transportation law, 49 U.S.C. 5101-5127. 
Consequently, the Department finds that there is good cause under 5 
U.S.C. 553(d)(3) to make this rule effective on the date of publication 
in the Federal Register.

Regulatory Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule is not considered a significant regulatory action 
under Executive Order 12866 and the Regulatory Policies and Procedures 
of the Department of Transportation (44 FR 11034). There are no costs 
associated with this rule.

B. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does not adopt any regulation that:
    (1) Has substantial direct effects on the States, the relationship 
between the national government and the States, or the distribution of 
power and responsibilities among the various levels of government; (2) 
imposes substantial direct compliance costs on State and local 
governments; or (3) preempts state law. Therefore, the consultation and 
funding requirements of Executive Order 13132 do not apply.

C. Executive Order 13084

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13084 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13084 do not apply.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. I hereby 
certify this final rule, which amends the CFR to reflect delegations of 
authority from the Secretary of Transportation to Departmental officers 
and Operating Administrations, will not have a significant economic 
impact on a substantial number of small businesses.

E. Paperwork Reduction Act

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

[[Page 49765]]

F. Unfunded Mandates Reform Act

    The Department 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 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 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; 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. No. 106-
159, 113 Stat. 1748.


    2. In Sec. 1.46 revise paragraphs (t) and (u) to read as follows:


Sec. 1.46  Delegations to Commandant of the Coast Guard.

* * * * *
    (t) Carry out the functions vested in the Secretary by 49 U.S.C. 
5101 et seq. and 46 App. U.S.C. 3306(a)(5) to the extent they relate to 
regulations and exemptions governing the bulk transportation of 
hazardous materials that are loaded or carried on board a vessel 
without benefit of containers or labels, and received and handled by 
the vessel carrier without mark or count, and regulations and 
exemptions governing ships' stores and supplies.
    (u) Except as delegated by Sec. 1.74, carry out the functions 
vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123, 
and 5124 relating to investigations, records, inspections, penalties, 
and specific relief, with particular emphasis on the transportation or 
shipment of hazardous materials by water.
* * * * *

    3. In Sec. 1.47 revise subparagraph (j) to read as follows:


Sec. 1.47  Delegations to the Federal Aviation Administrator.

* * * * *
    (j)(1) Except as delegated by Sec. 1.74, carry out the functions 
vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123, 
and 5124 relating to investigations, records, inspections, penalties, 
and specific relief, with particular emphasis on the transportation or 
shipment of hazardous materials by air, including the manufacture, 
fabrication, marking, maintenance, reconditioning, repair or test of 
containers which are represented, marked, certified, or sold for use in 
the bulk transportation of hazardous materials by air; and
    (2) Carry out the functions vested in the Secretary by 49 U.S.C. 
5114 as it relates to the establishment of procedures for monitoring 
and enforcing provisions of regulations with respect to the 
transportation of radioactive materials on passenger-carrying aircraft.
* * * * *

    4. In Sec. 1.49 revise paragraphs (s)(1) and (s)(2) to read as 
follows:


Sec. 1.49  Delegations to Federal Railroad Administrator.

* * * * *
    (s)(1) Except as delegated by Sec. 1.74, carry out the functions 
vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123, 
and 5124 relating to investigations, records, inspections, penalties, 
and specific relief, with particular emphasis on the transportation or 
shipment of hazardous materials by railroad, including the manufacture, 
fabrication, marking, maintenance, reconditioning, repair or test of 
containers which are represented, marked, certified, or sold for use in 
the bulk transportation of hazardous materials by railroad.
    (2) Carry out the functions vested in the Secretary by 49 U.S.C. 
5105(b) relating to a rail transportation safety study and 5111 
relating to rail tank cars.
* * * * *

    5. In Sec. 1.53 revise paragraph (b) to read as follows:


Sec. 1.53  Delegations to the Administrator of the Research and Special 
Programs Administration.

* * * * *
    (b) Hazardous materials. Except as delegated by Sec. 1.74:
    (1) Carry out the functions vested in the Secretary by 49 U.S.C. 
5121(a), (b) and (c), 5122, 5123, and 5124 relating to investigations, 
records, inspections, penalties, and specific relief, with particular 
emphasis on the shipment of hazardous materials and the manufacture, 
fabrication, marking, maintenance, reconditioning, repair or test of 
multi-modal containers that are represented, marked, certified, or sold 
for use in the transportation of hazardous materials; and
    (2) Carry out the functions vested in the Secretary by all other 
provisions of the Federal hazardous material transportation law, 49 
U.S.C. 5101 et seq., except as delegated by Secs. 1.46(t), 1.47(j)(2), 
1.49(s)(2), and 1.73(d)(2).
* * * * *

    6. In Sec. 1.73 revise paragraphs (d)(1) and (d)(2) to read as 
follows:


Sec. 1.73  Delegations to the Administrator of the Federal Motor 
Carrier Safety Administration.

* * * * *
    (d)(1) Except as delegated by Sec. 1.74, carry out the functions 
vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123, 
and 5124 relating to investigations, records, inspections, penalties, 
and specific relief with particular emphasis on the transportation or 
shipment of hazardous materials by highway, including the manufacture, 
fabrication, marking, maintenance, reconditioning, repair or test of 
containers which are represented, marked, certified, or sold for use in 
the bulk transportation of hazardous materials by highway.
    (2) Carry out the functions vested in the Secretary by 49 U.S.C. 
5112 relating to highway routing of hazardous materials; 5109 relating 
to motor carrier safety permits, except subsection (f); 5113 relating 
to unsatisfactory safety ratings of motor carriers; 5125(a) and (c)-
(f), relating to preemption determinations or waivers of preemption of 
hazardous materials highway routing requirements; 5105(e) relating to 
inspections of motor vehicles carrying hazardous material; 5119 
relating to uniform forms and procedures; and 5127(f) and (g) relating 
to credits to appropriations and availability of amounts.
* * * * *

    7. In Sec. 1.71 add paragraph (c) to read as follows:


Sec. 1.71  Delegations to the Director of the Bureau of Transportation 
Statistics.

* * * * *
    (c) Hazardous materials information. In coordination with the 
Associate Deputy Secretary and Director, Office of Intermodalism, work 
with the Operating Administrations to determine data needs, collection 
strategies, and analytical techniques appropriate for implementing 49 
U.S.C. 5101 et seq.

    8. Add a new Sec. 1.74 to read as follows:


Sec. 1.74  Delegations to the Associate Deputy Secretary and Director, 
Office of Intermodalism.

    The Associate Deputy Secretary and Director, Office of 
Intermodalism is delegated authority under the Federal hazardous 
material transportation law, 49 U.S.C. 5101 et seq., to:
    (a) Serve as the principal adviser to the Secretary on all 
intermodal and cross-modal hazardous materials matters;
    (b) Act as the focal point for review of hazardous materials 
policies, priorities, and objectives;

[[Page 49766]]

    (c) Provide oversight for planning and budgeting strategies for all 
departmental hazardous materials activities;
    (d) Resolve disputes among Operating Administrations on hazardous 
materials issues;
    (e) Provide external reviews and continual monitoring of all 
departmental hazardous materials activities;
    (f) In coordination with the Assistant Secretary for Budget and 
Programs, direct that the Operating Administrations apply resources to 
specific cross-modal initiatives;
    (g) Coordinate DOT-wide hazardous materials outreach and data 
activities; and
    (h) Address other regulatory and programmatic cross-modal issues 
related to hazardous materials as warranted.

    Issued in Washington, DC on August 10, 2000.
Rodney E. Slater,
Secretary.
[FR Doc. 00-20702 Filed 8-14-00; 8:45 am]
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