[Federal Register Volume 67, Number 155 (Monday, August 12, 2002)]
[Rules and Regulations]
[Pages 52418-52419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20000]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

49 CFR Part 1

[OST Docket No. OST 1999-6189]
RIN 9991-AA26


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

AGENCY: Office of the Secretary, U.S. DOT.

ACTION: Final rule.

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SUMMARY: In this action, the Secretary of Transportation delegates to 
the Federal Highway Administrator limited authority to determine a 
Federal share of the costs, other than 80 percent, for Federal Highway 
Administration (FHWA) transportation research projects or activities 
that are funded under section 5001 of the Transportation Equity Act for 
the 21st Century (TEA-21). The Federal Highway Administrator is 
delegated this authority only with respect to the use of section 
5001(b) funds for FHWA projects and activities, and exercises no 
authority with regard to cost share determinations with respect to 
projects or activities administered by the other U.S. Department of 
Transportation operating administrations. This delegation of authority 
is necessary because the Federal Highway Administration has the 
expertise and staff to administer the Highway Research Program and to 
make funding decisions in accordance with the statutory requirements. 
The Federal Highway Administrator may further redelegate this 
authority.

EFFECTIVE DATE: This rule is effective August 12, 2002.

FOR FURTHER INFORMATION CONTACT: Wilbert Baccus, Office of the Chief 
Counsel (HCC-40), Federal Highway Administration, 400 Seventh Street, 
SW., Washington, DC 20590. Telephone: (202) 366-0780.

[[Page 52419]]


SUPPLEMENTARY INFORMATION:

Electronic Access

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Office of the Federal Register's home page at: http://www.nara.gov/fedreg and the Government Printing Office's web page at: http://www.access.gpo.gov/nara.

Background

    Section 5001 of the Transportation Equity Act for the 21st Century 
(TEA-21), Public Law 105-178, 112 Stat. 107, 419, Authorizations and 
Appropriations, provides funding for transportation research authorized 
to be appropriated out of the Highway Trust Fund. Subsection 5001(a) 
provides for sums that are authorized be appropriated for seven 
categories of transportation research and subsection 5001(b) provides 
that these funds shall be available for obligation in the same manner 
as if such funds were apportioned under chapter 1 of title 23, United 
States Code. Subsection 5001(b) also states that the Federal share of 
the cost of the project or activity carried out using these funds shall 
be 80 percent, unless otherwise expressly provided in title 5 of the 
TEA-21 or otherwise determined by the Secretary with respect to a 
project or activity.
    In this action, the Secretary delegates to the Federal Highway 
Administrator the authority to determine a Federal share of the costs, 
other than 80 percent, for FHWA transportation research projects or 
activities that are funded under section 5001 of TEA-21. The Federal 
Highway Administrator is delegated this authority only with respect to 
the use of section 5001(b) funds for FHWA projects and activities, and 
exercises no authority with regard to cost share determinations with 
respect to projects or activities administered by the other U.S. 
Department of Transportation operating administrations. The reason for 
the delegation is that the FHWA has the expertise and staff to carry 
out these programs and make funding decisions according to the 
statutory requirements. The FHWA's Office of Acquisition Management 
approves the cooperative agreements to which this cost sharing 
provision applies. Additionally, the FHWA works with the smaller 
entities, such as not-for-profit organizations and universities, on a 
regular basis and is familiar with which organizations have the ability 
to cost share and which ones do not.

Notice and Comment Exemption

    Since this rule relates to Departmental organization, procedure, 
and practice, notice and comment are unnecessary under 5 U.S.C. 553(b).

Justification for Immediate Adoption

    Certain programs and activities are to be conducted over the course 
of a given fiscal year, and this delegation of authority assists the 
FHWA in ensuring the use of those funds during that year for 
transportation research. This amendment enhances the FHWA's ability to 
meet statutory deadlines in order that funds do not lapse. Since the 
rule expedites the Federal Highway Administration's ability to 
administer the Highway Research 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).

    For the reasons set forth in the preamble, the Office of the 
Secretary of Transportation amends 49 CFR part 1 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. 106-159, 
113 Stat. 1748.


    2. In Sec. 1.48, add paragraph (oo) to read as follows:


Sec. 1.48  Delegations to Federal Highway Administrator.

* * * * *
    (oo) Exercise the authority vested in the Secretary by subsection 
5001(b) of the Transportation Equity Act for the 21st Century (TEA-21), 
Public Law 105-178, 112 Stat. 107, 420, titled Applicability of Title 
23, United States Code to determine a Federal share of the costs, other 
than 80 percent, for a transportation research project or activity 
administered by the FHWA that is funded under section 5001 of TEA-21. 
This authority may be redelegated.

    Issued on this 29th day of July, 2002.
Norman Y. Mineta,
Secretary, U.S. Department of Transportation.
[FR Doc. 02-20000 Filed 8-9-02; 8:45 am]
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