[Federal Register Volume 67, Number 165 (Monday, August 26, 2002)]
[Rules and Regulations]
[Page 54746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20912]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 7

[Docket No OST-96-1430; Amdt. 2]
RIN 2105-AD15

Public Availability of Information

49 CFR Part 10

[Docket No OST-96-1437; Amdt. 2]
RIN 2105-AC57


Maintenance of and Access to Records Pertaining to Individuals

AGENCY: Department of Transportation (DOT), Office of the Secretary.

ACTION: Final rule.

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SUMMARY: This amendment includes the Transportation Security 
Administration as an agency subject to DOT's regulations implementing 
the Freedom of Information Act, 5 U.S.C. 552, and the Privacy Act, 5 
U.S.C. 552a.

DATES: This rule is effective August 26, 2002.

FOR FURTHER INFORMATION CONTACT: Robert I. Ross, Office of the General 
Counsel, C-10, Department of Transportation, Washington, DC 20590, 
telephone (202) 366-9156, FAX (202) 366-9170; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: In response to the attacks on the United 
States on 9.11, the Congress established a new agency within DOT, the 
Transportation Security Administration (TSA), headed by the Under 
Secretary of Transportation for Security. The statute that did this--
The Aviation and Transportation Security Act, Public Law 107-71--took 
effect November 19, 2001, and TSA has been part of DOT, and subject to 
DOT's regulations implementing the Freedom of Information and Privacy 
Acts since then. This amendment makes the needed technical changes to 
those regulations.
    Notice and a prior opportunity for comment are not necessary for 
this rule, since it is a rule of agency organization, procedure, or 
practice. There is good cause to make the rule effective immediately, 
as it will update the Department's FOIA and Privacy Act regulations so 
that they clearly reflect the addition of the TSA to the Department and 
will not affect the substantive rights of any outside party.
    Analysis of regulatory impacts. This amendment is not a 
``significant regulatory action'' within the meaning of Executive Order 
12866. It is also not significant within the definition in DOT's 
Regulatory Policies and Procedures, 49 FR 11034 (1979), in part because 
it does not involve any change in important Departmental policies. 
Because the economic impact should be minimal, further regulatory 
evaluation is not necessary. Moreover, I certify that this amendment 
will not have a significant economic impact on a substantial number of 
small entities.
    This amendment does not significantly affect the environment, and 
therefore an environmental impact statement is not required under the 
National Environmental Policy Act of 1969. It has also been reviewed 
under Executive Order 12612, Federalism, and it has been determined 
that it does not have sufficient implications for federalism to warrant 
preparation of a Federalism Assessment.
    Finally, the amendment does not contain any collection of 
information requirements, requiring review under the Paperwork 
Reduction Act, as amended.

List of Subjects

49 CFR Part 7

    Freedom of information.

49 CFR Part 10

    Privacy.


    In accordance with the above, DOT amends 49 CFR Parts 7 and 10 as 
follows:

PART 7--[AMENDED]

    1. The authority citation for 49 CFR part 7 continues to read as 
follows:


    Authority: 5 U.S.C. 552; 31 U.S.C. 9701; 49 U.S.C. 322; EO 
12,600, 3 CFR, 1987 Comp., p. 3.

    2. In Sec. 7.2, the introductory text is revised, the definition of 
``Administrator'' is revised, the introductory text of the definition 
of ``Department'' is revised, and a paragraph (11) is added at the end 
of the definition of ``Department'' to read as follows:


Sec. 7.2  Definitions.

    Unless the context requires otherwise, the following definitions 
apply in this part:
* * * * *
    Administrator means the head of each component of DOT and includes 
the Under Secretary for Security, the Commandant of the Coast Guard, 
the Inspector General, and the Director of the Bureau of Transportation 
Statistics.
* * * * *
    Department means the Department of Transportation, including the 
Office of the Secretary, the Office of Inspector General, and the 
following DOT components, all of which may be referred to as DOT 
components. Means of contacting each of these DOT components appear in 
Sec. 7.15. This definition specifically excludes the Surface 
Transportation Board, which has its own FOIA regulations (49 CFR Part 
1001):
* * * * *
    (11) Transportation Security Administration.
* * * * *

    3. In Sec. 7.15, existing paragraphs (f), (g), and (h) are 
redesignated (g), (h), and (i), respectively, and a new paragraph (f) 
is inserted after existing paragraph (e), to read as follows:


Sec. 7.15  Contacts for records requested under the FOIA.

* * * * *
    (f) Transportation Security Administration, 301 Seventh Street, SW. 
(General Services Administration Regional Office Building), Room 3624, 
Washington, DC (Mailing address: 400 Seventh Street, SW, Washington, DC 
20590).
* * * * *

PART 10--[AMENDED]

    4. The authority citation for 49 CFR part 10 continues to read as 
follows:

    Authority: 5 U.S.C. 552a; 49 U.S.C. 322.


    5. In Sec. 10.5, the definition of ``Administrator'' is revised and 
a new paragraph (k) is added at the end of the definition of 
``Department'' to read as follows:


Sec. 10.5  Definitions.

* * * * *
    Administrator means the head of an operating administration and 
includes the Under Secretary for Security and the Commandant of the 
Coast Guard.
    Department * * *
    (k) Transportation Security Administration.
* * * * *

Kirk K. Van Tine,
General Counsel.
[FR Doc. 02-20912 Filed 8-23-02; 8:45 am]
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