[Federal Register Volume 68, Number 45 (Friday, March 7, 2003)]
[Rules and Regulations]
[Pages 10988-10989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5288]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

RIN 9991-AA36

[Docket No. OST-1999-6189]


Organization and Delegation of Powers and Duties, Update of 
Secretarial Delegations

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 
(FMCSA) and to the Under Secretary of Transportation for Security. By 
this action, the Secretary revokes the delegation of authority to the 
Federal Motor Carrier Safety Administrator to carry out the provisions 
of 49 U.S.C. 5103a related to security risk determinations and 
delegates the authority to the Under Secretary of Transportation for 
Security to reflect the current organizational posture of the 
Department of Transportation and to facilitate the orderly transfer of 
the functions of the Transportation Security Administration (TSA), and 
the functions of the Secretary related thereto, to the Department of 
Homeland Security pursuant to section 403 of the Homeland Security Act 
(HSA).

EFFECTIVE DATE: This final rule is effective on March 7, 2003.

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 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. 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

    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)], amended 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. Section 5103a(a)(1) provides that ``a State may not issue 
to any individual a license to operate a motor vehicle transporting in 
commerce a hazardous material unless the Secretary of Transportation 
has first determined, upon receipt of a notification under subsection 
(c)(1)(B), that the individual does not pose a security risk warranting 
denial of the license.''
    Section 101 of the Aviation and Transportation Security Act, 
(ATSA)[Public Law 107-71, 115 Stat. 597, (November 19, 2001)], amended 
title 49 United States Code, by adding a new section 114, creating the 
TSA and providing that the Under Secretary shall be responsible for 
security in all modes of transportation, including security 
responsibilities not only over aviation security, but over other modes 
of transportation that are exercised by the Department. See 49 U.S.C. 
114(d)(2). On December 28, 2001, the Secretary of Transportation issued 
a final rule amending Part 1 of title 49 CFR, to reflect the new DOT 
operating administration and its general responsibilities and on July 
23, 2002, the TSA issued a final rule (49 CFR 1502.1) stating the 
responsibilities of the Under Secretary of Transportation for Security, 
including security responsibilities over all modes of transportation. 
The Secretary's decision to transfer primary responsibility over the 
security determination function to TSA takes into account the statutory 
changes brought about by the ATSA and the HSA. However, the FMCSA will 
continue to have Sec.  5103a related responsibilities under the 
commercial driver's license (CDL) program (49 U.S.C. 31305(a)(5)(C)). 
The revised delegations more accurately reflect the respective roles 
and responsibilities of the two administrations.
    This final rule updates the delegations of authority from the 
Secretary to the FMCSA Administrator and the Under Secretary of 
Transportation for Security to reflect the organizational posture of 
the Department. As such, the final rule

[[Page 10989]]

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 facilitates the Department of 
Transportation's ability to orderly transfer the functions of the TSA 
and the functions of the Secretary related thereto to the Department of 
Homeland Security pursuant to section 403 of the Homeland Security Act 
of 2002. 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 and to the 
Undersecretary of Transportation for Security, 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; Pub. L. 107-71, 115 
Stat. 597.

    2. Add Sec.  1.68 to read as follows:


Sec.  1.68  Delegations to the Under Secretary of Transportation for 
Security for the Transportation Security Administration.

    (a) Carry out the functions vested in the Secretary by 49 U.S.C. 
5103a relating to security risk determinations for the issuance of 
licenses to operate motor vehicles transporting hazardous materials in 
commerce.
    (b) [Reserved]

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


Sec.  1.73  Delegations 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. 
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.
    (e) Carry out the functions vested in the Secretary by 49 U.S.C. 
chapter 313 relating to commercial motor vehicle operators, including 
the requirement of section 31305(a)(5)(C) that States issue a hazardous 
materials endorsement to a commercial driver's license only after being 
informed pursuant to 49 U.S.C. 5103a that the applicant does not pose a 
security risk warranting denial of the license.
* * * * *

    Issued in Washington, DC, on this 27th day of February, 2003.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 03-5288 Filed 3-6-03; 8:45 am]
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