[Federal Register Volume 68, Number 111 (Tuesday, June 10, 2003)]
[Rules and Regulations]
[Pages 34548-34550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14438]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket No. OST-1999-6189]
RIN 9991-AA34


Removal of References to the Transportation Security 
Administration and the United States Coast Guard

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 regulatory language to reflect the departures of the 
Transportation Security Administration and the United States Coast 
Guard to the new Department of Homeland Security, and to change the 
name of the Urban Mass Transportation Administration (UMTA) to the 
Federal Transit Administration (FTA).

EFFECTIVE DATE: June 10, 2003.

FOR FURTHER INFORMATION CONTACT: Jennifer S. Thibodeau, Office of the 
Assistant General Counsel for Regulation and Enforcement, U.S. 
Department of Transportation, 400 Seventh St., SW., Room 10424, 
Washington, DC 20590, (202) 366-4723.

SUPPLEMENTARY INFORMATION: This final rule deletes references to the 
Transportation Security Administration (TSA) and the United States 
Coast Guard (USCG) in 49 CFR part 1 that concern delegations, 
organization, and duties within the Department of Transportation. It 
also deletes responsibilities and duties to TSA and USCG. These two 
agencies transferred with other agencies to form the new Department of 
Homeland Security, and are no longer part of the Department of 
Transportation. Additionally, this rule is changing the name of the 
Urban Mass Transit Administration (UMTA) to the Federal Transit 
Administration (FTA) to properly reflect the agency's name.
    This final rule does not impose substantive requirements. It simply 
updates the CFR to reflect the departures of TSA and USCG from the 
Department of Transportation. The final rule is technical in nature and 
relates only to Departmental management, organization, procedure, and 
practice. Therefore, the Department 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. The Department does not expect to 
receive substantive comments on the rule. Therefore, the Department 
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 Analyses and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This 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.

[[Page 34549]]

B. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does not adopt any regulation that: (1) Has substantial 
direct effects on the States, the relationship between the national 
government and the States, or the distribution of power and 
responsibilities among the various levels of government; (2) imposes 
substantial direct compliance costs on State and local governments; or 
(3) preempts State law. Therefore, the consultation and funding 
requirements of Executive Order 13132 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. This 
statute is not applicable because there was no issuance of a notice of 
proposed rulemaking (NPRM); however, I hereby certify this final rule, 
which amends the CFR to reflect the departure of TSA and USCG from the 
Department of Transportation to the new Department of Homeland 
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 of 1995

    The Department has determined that the requirements of Title II of 
the Unfunded Mandates Reform Act of 1995 do not apply to this 
rulemaking.

G. Environmental Impact

    Because this rule concerns the updating of CFR provisions to 
reflect the departure of TSA and USCG from the Department of 
Transportation, this final rule is not a major OST action requiring the 
preparation of an environmental impact statement or environmental 
assessment.

List of Subjects in 49 CFR Part 1

    Authority delegations, Organization and functions.


0
For the reasons set out in the preamble, the Department of 
Transportation amends 49 CFR part 1 as follows:

PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES

0
1. Revise the authority citation for part 1 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; Pub. L. 107-295, 116 
Stat. 2064.

0
2. In Sec.  1.2 remove paragraphs (a) and (l), redesignate existing 
paragraphs (b) through (k) as (a) through (j), and revise new paragraph 
(e) to read as follows:


Sec.  1.2  Definitions.

* * * * *
    (e) The Federal Transit Administrator.
* * * * *

0
3. In Sec.  1.3 remove paragraphs (b)(1) and (b)(12), redesignate 
existing paragraphs (b)(2) through (11) as (b)(1) through (10), and 
revise new paragraph (b)(5) to read as follows:


Sec.  1.3  Organization of the Department.

* * * * *
    (b) * * *
    (5) The Federal Transit Administration, headed by the 
Administrator.
* * * * *

0
4. In Sec.  1.4 remove paragraphs (b) and (n), redesignate existing 
paragraphs (c) through (m) as (b) through (l), and revise new paragraph 
(f) introductory text to read as follows:


Sec.  1.4  General responsibilities.

* * * * *
    (f) The Federal Transit Administration. Is responsible for:
* * * * *

0
5. In Sec.  1.22 revise paragraph (d) to read as follows:


Sec.  1.22  Structure.

* * * * *
    (d) Office of the General Counsel. This Office is composed of the 
Offices of Environmental, Civil Rights, and General Law; International 
Law; Litigation; Legislation; Regulation and Enforcement; and Aviation 
Enforcement and Proceedings.
* * * * *
0
6. Amend Sec.  1.23 by revising paragraph (c) to read as follows:


Sec.  1.23  Spheres of primary responsibility.

* * * * *
    (c) General Counsel. Legal services as the chief legal officer of 
the Department, legal advisor to the Secretary and the Office of the 
Secretary; final authority within the Department on questions of law; 
professional supervision, including coordination and review, over the 
legal work of the legal offices of the Department; drafting of 
legislation and review of legal aspects of legislative matters; point 
of coordination for the Office of the Secretary and Department 
Regulations Council; advice on questions of international law; advice 
and assistance with respect to uniform time matters; ensures uniform 
departmental implementation of the Freedom of Information Act (5 U.S.C. 
552); responds to requests for records of the Office of the Secretary 
including the Office of the Inspector General, under that statute; 
review and final action on applications for reconsideration of initial 
decisions not to disclose unclassified records of the Office of the 
Secretary requested under 5 U.S.C. 552(a)(3); promotion and 
coordination of efficient use of Department legal resources; 
recommendation, in conjunction with the Assistant Secretary for 
Administration, of legal career development programs within the 
Department.
0
6a. Amend Sec.  1.44 by revising paragraph (e)(8) to read as follows, 
remove paragraph (m), and redesignate existing paragraphs (n) through 
(r) as (m) through (q):


Sec.  1.44  Reservation of authority.

* * * * *
    (e) * * *
    (8) Authority to develop, coordinate, and issue wage schedules 
under the Federal Wage system.
* * * * *

0
7. In Sec.  1.45, remove paragraph (c)(1)(i), redesignate existing 
paragraphs (c)(1)(ii) through (ix) as (c)(1)(i) through (viii), and 
revise new paragraph (c)(1)(iv) to read as follows;


Sec.  1.45  Delegations to all Administrators.

* * * * *
    (c) * * *
    (1) * * *
    (iv) Federal Transit Administration;
* * * * *

0
7a. Remove and reserve Sec.  1.46.

0
8. In Sec.  1.48 revise paragraph (c)(19)(i) to read as follows:

[[Page 34550]]

Sec.  1.48  Delegations to Federal Highway Administrator.

* * * * *
    (c) * * *
    (19) * * *
    (i) Except sections 165 and 531 as they relate to matters within 
the primary responsibility of the Federal Transit Administrator; 
105(f), 413; 414(b)(1) and (2); 421, 426, and title III; and
* * * * *

0
9. In Sec.  1.51 revise the title and introductory text to read as 
follows:


Sec.  1.51  Delegations to Federal Transit Administrator.

    The Federal Transit Administrator is delegated authority to 
exercise the functions vested in the Secretary by:
* * * * *


0
10. In Sec.  1.57 remove paragraphs (e) and (f) and redesignate 
existing paragraphs (g) through (s) as (e) through (q).

0
10a. Amend Sec.  1.59 by revising paragraph (b)(8) to read as follows:


Sec.  1.59  Delegations to the Assistant Secretary for Administration.

* * * * *
    (b) * * *
    (8) Develop, coordinate, and issue wage schedules for Department 
employees under the Federal Wage System.
* * * * *

0
11. In Sec.  1.65 remove paragraph (b)(2) and redesignate existing 
paragraphs (b)(3) and (4) as (b)(2) and (3); and remove paragrpah 
(c)(2) and redesignate existing paragraphs (c)(3) and (4) as (c)(2) and 
(3).

0
12. In Sec.  1.66 revise paragraph (aa)(1) to read as follows, remove 
paragraphs (bb) and (cc) and redesignate existing paragraphs (dd) 
through (ff) as (bb) through (dd).


Sec.  1.66  Delegations to Maritime Administrator.

* * * * *
    (aa) * * *
    (1) The authority to process applications for the issuance, 
transfer, or amendment of a license for the construction and operation 
of a deepwater port (33 U.S.C. 1503(bb)).
* * * * *

0
13. In Sec.  1.70 remove paragraph (k) and redesignate paragraphs (l) 
through (v) as (k) through (u).

0
14. In Appendix A to Part 1 remove ``2. Chief Counsel, U.S. Coast 
Guard.'', redesignate ``3. Chief Counsels'' as 2., and amend the third 
paragraph of newly designated 2. (b) to read as follows:

Appendix A to Part 1--Delegations and Redelegations by Secretarial 
Officers

* * * * *
    2. Chief Counsels. The General Counsel has delegated to the 
Chief Counsels the authority delegated to the General Counsel by 
authority delegated to the General Counsel by Amendment 1-41 to part 
1 of title 49, Code of Federal Regulations, 35 FR 17653, November 
17, 1970, as follows:
* * * * *
    The Chief Counsels of the Federal Aviation Administration, 
Federal Highway Administration, Federal Railroad Administration, 
National Highway Traffic Safety Administration, Federal Transit 
Administration, the St. Lawrence Seaway Development Corporation, 
Maritime Administration, and Research and Special Programs 
Administration are hereby authorized to approve the sufficiency of 
the title to land being acquired by purchase of condemnation by the 
United States for the use of their respective organizations. This 
delegation is subject to the limitations imposed by the Assistant 
Attorney General, Land and Natural Resources Division, in his 
delegation to the Department of Transportation. Redelegation of this 
authority may only be made by the Chief Counsels to attorneys within 
their respective organizations.
* * * * *

    Issued in Washington, DC on this 28th day of May, 2003.
Norman Mineta,
Secretary of Transportation.
[FR Doc. 03-14438 Filed 6-9-03; 8:45 am]
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