[Federal Register Volume 68, Number 52 (Tuesday, March 18, 2003)]
[Rules and Regulations]
[Pages 12833-12834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6473]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket No. OST 1999-6189]
RIN 9991-AA33


Organization and Delegation of Powers and Duties; Delegations to 
Assistant Secretary for Budget and Programs

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Secretary of Transportation is delegating to the Assistant 
Secretary for Budget and Programs the authority to conduct an annual 
review of the Department of Transportation's civil penalty provisions 
and coordinate the Department's compliance with the Federal Civil 
Penalties Inflation Adjustment Act of 1990, as amended.

DATES: This rule is effective March 18, 2003.

ADDRESSES: The docket for this rulemaking is maintained by the Docket 
Management Facility, (OST 1999-6189),

[[Page 12834]]

U.S. Department of Transportation, room PL-401, 400 Seventh Street, 
SW., Washington, DC, 20590-0001.

FOR FURTHER INFORMATION CONTACT: Linda C. Lasley, Attorney-Advisor, 
Office of the Assistant General Counsel for Regulation and Enforcement, 
(202) 366-4723.

SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation 
Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 890), as amended by 
the Debt Collection Improvement Act of 1996 (Pub. L. 104-134, 110 Stat. 
1321) (the Act), requires Federal agencies to review each civil penalty 
provision within their respective jurisdictions at least once every 
four years and determine whether adjustments to any penalty provisions 
are required due to inflation. If an adjustment is required, the agency 
must issue a rulemaking adjusting its civil penalties provision 
accordingly. The Department of Transportation (Department), in meeting 
this statutory requirement in the past, has allowed each of its 
Operating Administration to review and adjust its own civil penalty 
provisions. This final rule delegates the responsibility of reviewing 
annually each civil penalty provision throughout the Department to the 
Assistant Secretary for Budget and Programs (Assistant Secretary). The 
Assistant Secretary will be responsible for determining which civil 
penalty provisions are required to be adjusted and for calculating the 
necessary adjustment. Further, the Assistant Secretary will coordinate 
with each Operating Administration to ensure that any necessary and 
appropriate rulemaking is published in the Federal Register.
    This delegation is designed to centralize the Department's efforts 
at complying with the statutory mandates of the Act to ensure a 
timelier, efficient, and consistent review of the Department's various 
civil penalty provisions.
    Because this final rule is ministerial in nature and relates only 
to Departmental management, organization, procedure, and practice, the 
Office of the Secretary of Transportation (OST) has determined that 
notice and comment are unnecessary and that the rule is exempt from 
prior notice and comment requirements under 5 U.S.C. 553(b)(3)(A). 
These changes will not have substantive impact, and OST does not expect 
to receive substantive comment on the rule. Therefore, OST finds that 
there is good cause under 5 U.S.C. 553(d)(3) to make this rule 
effective less than 30 days after publication in the Federal Register.

Regulatory Evaluation

Regulatory Assessment

    This rulemaking is a non-significant regulatory action under 
section 3(f) of Executive Order 12866 and has not been reviewed by the 
Office of Management and Budget under that Order. This rule is also not 
significant under the regulatory policies and procedures of the 
Department of Transportation, 44 FR 11034.
    This rule does not impose unfunded mandates or requirements that 
will have any impact on the quality of the human environment.

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism Assessment

    This proposed rule has been reviewed in accordance with the 
principles and criteria contained in Executive Order 13132 dated August 
4, 1999, and it is determined that this action does not have a 
substantial direct effect on the States, or the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. This rule 
will not limit the policymaking discretion of the States nor preempt 
any State law or regulation.

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 to read 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; Pub. L. 107-71, 115 Stat. 597.


    2. In Sec.  1.58, add a new paragraph (i) to read as follows:


Sec.  1.58  Delegations to Assistant Secretary for Budget and Programs.

* * * * *
    (i) In accordance with the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 890), as amended by 
the Debt Collection Improvement Act of 1996 (Pub. L. 104-134, 110 Stat. 
1321), review, on an annual basis, each of the Department's civil 
penalty provisions, determine whether adjustment is required, calculate 
the necessary adjustment, and coordinate with the relevant Operating 
Administration to ensure that the requisite regulation making the 
adjustment is issued.
* * * * *

    Issued on February 20, 2003.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 03-6473 Filed 3-17-03; 8:45 am]
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