[Federal Register Volume 67, Number 141 (Tuesday, July 23, 2002)]
[Rules and Regulations]
[Pages 48048-48049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18524]


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DEPARTMENT OF TRANSPORTATION

Transportation Security Administration

49 CFR Part 1502

[Docket No. TSA-2002-12742]
RIN 2110-AA02


Responsibilities of the Under Secretary of Transportation for 
Security

AGENCY: Transportation Security Administration, DOT.

ACTION: Final rule.

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SUMMARY: In this final rule, the Transportation Security Administration 
(TSA) states the responsibilities of the Under Secretary of 
Transportation for Security and designates the Deputy Under Secretary 
of Transportation for Security/Chief Operating Officer as the ``first 
assistant'' to the Under Secretary of Transportation for Security for 
purposes of the Federal Vacancies Reform Act of 1998. As ``first 
assistant,'' the Deputy Under Secretary of Transportation for Security/
Chief Operating Officer serves as the Acting Under Secretary of 
Transportation for

[[Page 48049]]

Security when the Under Secretary of Transportation for Security dies, 
resigns, or is otherwise unable to perform the functions and duties of 
the office.

EFFECTIVE DATE: July 17, 2002.

FOR FURTHER INFORMATION CONTACT: David K. Tochen, Deputy Assistant 
General Counsel, Office of the Assistant General Counsel for 
Environmental, Civil Rights, and General Law, Department of 
Transportation, 400 Seventh Street, SW., Room 10102, Washington, DC 
20590; Telephone: (202) 366-9153.

SUPPLEMENTARY INFORMATION:

Availability of the Final Rule

    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 Boards 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. You can also 
view and download this document by going to the webpage of the 
Department's Docket Management System (http://dms.dot.gov). On that 
webpage, click on ``search.'' On the next page, type in the four-digit 
docket number shown on the first page of this document. Then click on 
``search.''

Background

    The Aviation and Transportation Security Act, Public Law 107-71, 
enacted into law on November 19, 2001, established the Transportation 
Security Administration (TSA) as a new operating administration within 
the Department of Transportation. The TSA is headed by the Under 
Secretary of Transportation for Security. As specified in the Aviation 
and Transportation Security Act, the Under Secretary of Transportation 
for Security is responsible for security in all modes of 
transportation, including carrying out chapter 449 of title 49 of the 
United States Code, relating to civil aviation security and related 
research and development activities. This rule states the 
responsibilities of the Under Secretary of Transportation for Security.
    This rule also provides that the Deputy Under Secretary of 
Transportation for Security/Chief Operating Officer shall serve as the 
``first assistant'' to the Under Secretary of Transportation for 
Security within the meaning of the Federal Vacancies Reform Act of 
1998, 5 U.S.C. 3345-3349d. The Federal Vacancies Reform Act provides 
that in the event of a vacancy in an office headed by an officer whose 
appointment is required to be made by the President, with the advice 
and consent of the Senate, the ``first assistant'' shall perform the 
functions and duties of the vacant position in an acting capacity and 
on a temporary basis, subject to certain narrow exceptions. Since the 
Aviation and Transportation Security Act did not establish a ``first 
assistant'' to the Under Secretary of Transportation for Security 
within TSA, the Secretary of Transportation is authorized to designate 
a ``first assistant'' and hereby does so by this action.
    Since this amendment relates to Departmental management, 
procedures, and practice, notice and comment on it are unnecessary 
under 5 U.S.C. 553 and, as such, it may be made effective in less than 
30 days after publication in the Federal Register under 5 U.S.C. 
553(d). The Regulatory Flexibility Act does not apply to this 
rulemaking since, under 5 U.S.C. 553, the Department is not required to 
publish a notice of proposed rulemaking. However, we note that this 
rule does not have a significant economic impact on a substantial 
number of small entities since it relates to DOT management, 
procedures, and practice. This rule is not considered to be a rule 
within the meaning of section 3(d) of Executive Order 12866 and 
therefore has not been reviewed by the Office of Management and Budget 
pursuant to that Order. Finally, the rule does not have federalism 
implications under Executive Order 13132.

List of Subjects in 49 CFR Part 1502

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

    Issued this 17th day of July, 2002, at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.

    In consideration of the foregoing, a new part 1502 consisting of 
``1502.1 is added to Title 49 in chapter XII, subchapter A, of the Code 
of Federal Regulations, to read as follows:

PART 1502--ORGANIZATION, FUNCTIONS, AND PROCEDURES

    Authority: 5 U.S.C. 3345, 49 U.S.C. 114, 40119, 44901-44907, 
44913-44914, 44916-44920, 44935-44936, 44942, 46101-46105, 45107, 
46110.


1502.1  Responsibilities of the Under Secretary of Transportation for 
Security.

    (a) The Under Secretary of Transportation for Security is 
responsible for the planning, direction, and control of the 
Transportation Security Administration (TSA) and for security in all 
modes of transportation. The Under Secretary of Transportation for 
Security's responsibility includes carrying out chapter 449 of title 
49, United States Code, relating to civil aviation security, and 
related research and development activities, and security 
responsibilities over other modes of transportation that are exercised 
by the Department of Transportation.
    (b) The Deputy Under Secretary of Transportation for Security/Chief 
Operating Officer is the ``first assistant'' to the Under Secretary of 
Transportation for Security for purposes of the Federal Vacancies 
Reform Act of 1998, and shall, in the event the Under Secretary of 
Transportation for Security dies, resigns, or is otherwise unable to 
perform the functions and duties of the office, serve as the Acting 
Under Secretary of Transportation for Security, subject to the 
limitations in the Federal Vacancies Reform Act of 1998. In the event 
of the absence or disability of both the Under Secretary of 
Transportation for Security and the Deputy Under Secretary of 
Transportation for Security/Chief Operating Officer, officials 
designated by TSA's internal order on succession shall serve as Acting 
Deputy Under Secretary of Transportation for Security/Chief Operating 
Officer and shall perform the duties of the Under Secretary of 
Transportation for Security, except for any non-delegable statutory 
and/or regulatory duties.

[FR Doc. 02-18524 Filed 7-18-02; 11:46 am]
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