[Federal Register Volume 67, Number 51 (Friday, March 15, 2002)]
[Rules and Regulations]
[Pages 11581-11582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6123]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket No. OST-1999-6189]


Organization and Delegation of Powers and Duties, Update of 
Secretarial Delegation to the Administrator, Federal Motor Carrier 
Safety Administration

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 the 
Administrator of the Federal Motor Carrier Safety Administration in 
response to the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
PATRIOT ACT) Act of 2001.
    Section 1012 of the USA PATRIOT ACT amends the United States Code 
by adding a new section relating to limitations on issuance of licenses 
to individuals who operate motor vehicles transporting hazardous 
materials in commerce. By this action, the Secretary delegates the 
authority to carry out this provision to the FMCSA Administrator.

EFFECTIVE DATE: This final rule is effective on March 15, 2002.

FOR FURTHER INFORMATION CONTACT: Ms. Patricia A. Burke, Office of the 
Chief Counsel, MC-CC, (202) 366-0834, Federal Motor Carrier Safety 
Administration, U.S. Department of

[[Page 11582]]

Transportation, 400 7th Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded by using a 
computer, modem and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Service at (202) 
512-1661. Internet users may reach the Office of the Federal Register's 
home page at http://www.nara.gov/fedreg and the Government Printing 
Office's database at: http://www.access.gpo.gov/nara.

Background

    Section 1012 of the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
PATRIOT ACT) Act of 2001, (Public Law 107-56, 115 Stat. 272 at 396, 
(October 26, 2001)), amends chapter 51 of title 49 United States Code, 
by adding a new section 5103a, relating to limitations on issuance of 
licenses to individuals who operate motor vehicles transporting 
hazardous materials in commerce. The new provision is best administered 
by the FMCSA, which is responsible for the commercial driver's license 
(CDL) program. This delegation broadens the FMCSA Administrator's 
delegated authority relating to hazardous materials transportation 
programs.
    This final rule updates the delegations of authority from the 
Secretary to the FMCSA Administrator to reflect 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 are 
unnecessary under 5 U.S.C. 553(b).
    Furthermore, this rule does not impose substantive requirements on 
the public. Also, this final rule expedites the Department of 
Transportation's ability to implement section 1012 of the USA PATRIOT 
ACT. 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

    The 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 action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, dated August 4, 1999. This 
final rule does not have a substantial direct effect on, or sufficient 
federalism implications for, the States, nor would it limit the 
policymaking discretion of the States. Therefore, the consultation and 
funding requirements 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 a delegation 
of authority from the Secretary to the FMCSA Administrator, 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).

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 as follows:

PART 1--[AMENDED]

    1. The authority citation for part 1 is revised 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. 106-159, 
113 Stat. 1748; Pub. L. 107-56, 115 Stat. 396.


    2. In Sec. 1.73, revise paragraph (d)(2) to read as follows:


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

* * * * *
    (d) * * *
    (2) Carry out the functions vested in the Secretary by 49 U.S.C. 
5103a relating to limitations on issuance of licenses to operate motor 
vehicles transporting hazardous materials in commerce; 49 U.S.C. 5112 
relating to highway routing of hazardous materials; 49 U.S.C. 5109 
relating to motor carrier safety permits, except subsection (f); 49 
U.S.C. 5113 relating to unsatisfactory safety ratings of motor 
carriers; 49 U.S.C. 5125(a) and (c)-(f), relating to preemption 
determinations or waivers of preemption of hazardous materials highway 
routing requirements; 49 U.S.C. 5105(e) relating to inspections of 
motor vehicles carrying hazardous material; and 49 U.S.C. 5119 relating 
to uniform forms and procedures.
* * * * *

    Issued in Washington, DC on March 7, 2002.
Norman Y. Mineta,
Secretary.
[FR Doc. 02-6123 Filed 3-14-02; 8:45 am]
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