[Federal Register Volume 68, Number 113 (Thursday, June 12, 2003)]
[Rules and Regulations]
[Pages 35183-35184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14697]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket Number: OST-1999-6189]
RIN 9991-AA38


Organization and Delegation of Powers and Duties; Secretarial 
Succession

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: This amendment will revise the order of Secretarial succession 
for the Department, including changes due to recent legislation.

EFFECTIVE DATE: June 12, 2003.

FOR FURTHER INFORMATION CONTACT: Bonnie Angermann-Stucker, Office of 
the Assistant General Counsel for Environmental, Civil Rights, and 
General Law, Department of Transportation, 400 Seventh Street, SW., 
Room 10102, Washington, DC 20590; Telephone: (202) 366-9166.

SUPPLEMENTARY INFORMATION: In 49 CFR 1.26, the order of succession to 
act as Secretary of Transportation is set forth as follows: The Deputy 
Secretary, General Counsel, Assistant Secretary for Budget and 
Programs, Assistant Secretary for Governmental Affairs, Assistant 
Secretary for Transportation Policy, Assistant Secretary for Aviation 
and International Affairs, Assistant Secretary for Administration, 
Associate Deputy Secretary, Under Secretary of Transportation for 
Security, Federal Aviation Administrator, Federal Aviation 
Administration Regional Administrator, Southwest Region, Federal 
Aviation Administration Regional Administrator, Great Lakes Region.
    Section 102(e) of title 49, United States Code, authorizes the 
Secretary to prescribe the order of succession for the Department's 
Assistant Secretaries and the General Counsel. Section 215 of the 
Maritime Transportation Security Act of 2002 amended section 102 of 
title 49, United States Code, by creating the position of Under 
Secretary of Transportation for Policy, who is designated to act for 
the Secretary when the Secretary and the Deputy Secretary are absent or 
unable to serve, or when the offices of Secretary and Deputy Secretary 
are vacant. Section 215(c) also amends section 102(g) of title 49, 
United States Code, as redesignated by section 215(a)(1), by deleting 
the position of Associate Deputy Secretary, on the date that an 
individual is appointed to the position of Under Secretary of 
Transportation for Policy. Section 403 of the Homeland Security Act of 
2002 transfers the functions of the Transportation Security 
Administration, including the duties and responsibilities of the Under 
Secretary of Transportation for Security, from the Department of 
Transportation to the Department of Homeland Security. We are updating 
our Secretarial Order of Succession to reflect these statutory changes 
as well as recent Secretarial decisions concerning the order of 
succession for Assistant Secretaries of Transportation.
    Since this amendment relates to Departmental management, 
procedures, and practice, notice and comment on this rule are 
unnecessary under 5 U.S.C. 553(b)(3)(A). In addition, the Secretary 
finds that there is good cause to make this rule effective upon 
publication pursuant to 5 U.S.C. 553(d)(2), as a change to internal 
policy.

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

[[Page 35184]]

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).

0
In consideration of the foregoing, Part 1 of Title 49, Code of Federal 
Regulations, is amended as follows:

PART 1--[AMENDED]

0
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. 107-71, 115 Stat. 597; Pub. L. 107-295, 116 
Stat. 2064 (2002); Pub L. 107-296, 116 Stat. 2135 (2002).

0
2. In Sec.  1.26 remove paragraphs (a)(2) through (a)(12) and add 
paragraphs (a)(2) through (a)(11) to read as follows:


Sec.  1.26  Secretarial succession.

    (a) * * *
    (2) Under Secretary of Transportation for Policy.
    (3) General Counsel.
    (4) Assistant Secretary for Aviation and International Affairs.
    (5) Assistant Secretary for Transportation Policy.
    (6) Assistant Secretary for Budget and Programs.
    (7) Assistant Secretary for Governmental Affairs.
    (8) Assistant Secretary for Administration.
    (9) Federal Aviation Administrator.
    (10) Federal Aviation Administration Regional Administrator, 
Southwest Region.
    (11) Federal Aviation Administration Regional Administrator, Great 
Lakes Region.
* * * * *

    Issued this 28th day of May, 2003, in Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 03-14697 Filed 6-11-03; 8:45 am]
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