[Federal Register Volume 69, Number 144 (Wednesday, July 28, 2004)]
[Rules and Regulations]
[Pages 44971-44973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16723]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

49 CFR Part 1

[Docket No. OST-1999-6189]
RIN 9991-AA41


Organization and Delegation of Powers and Duties; Modification of 
Delegation to the Administrator, Research and Special Programs 
Administration, and Delegation of Authority to Director, Office of 
Intelligence and Security

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Secretary of Transportation (Secretary) modifies the 
currently delegated authority of the Administrator, Research and 
Special Programs Administration, to perform functions related to 
emergency preparedness and response vested in the Secretary and 
delegates authority to the Director of Intelligence and Security in the 
Office of the Secretary to review and coordinate the performance of 
these functions.

DATES: July 14, 2004.

FOR FURTHER INFORMATION CONTACT: David K. Tochen, Deputy Assistant 
General Counsel, 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) 366-9153.

SUPPLEMENTARY INFORMATION:

Availability of the Final Rule

    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 Boards 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. 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

    Title 49 of the Code of Federal Regulations (CFR), Sec.  1.53(e), 
delegates to the Administrator of the Research and Special Programs 
Administration the authority to carry out functions and

[[Page 44972]]

activities related to emergency preparedness and response vested in the 
Secretary by 49 U.S.C. 101 and 301 or delegated to the Secretary by or 
through the Defense Production Act of 1950, 50 U.S.C. App. 2061 et 
seq.; Executive Order 12148, as amended; Executive Order 12656, as 
amended; Executive Order 12742, as amended; Executive Order 12919, as 
amended; Reorganization Plan No. 3 of 1978; and such other statutes, 
executive orders, and other directives that may pertain to emergency 
preparedness and response.
    The functions related to emergency preparedness and response are 
currently performed by the Research and Special Programs 
Administration's Office of Emergency Transportation (OET). The OET's 
mission is to serve as the Departmental emergency coordinator and it 
provides leadership for emergency preparedness and response activities; 
develops national preparedness and response policies and procedures in 
coordination with other Federal, state, local, and private sector 
authorities; operates the Department's Crisis Management Center; and 
participates on behalf of the United States in international emergency 
preparedness and response planning and related activities with the 
North Atlantic Treaty Organization (NATO) and other allies.
    The Secretary has determined that the functions and activities 
currently being performed by the OET should be coordinated with and 
subject to review by the Office of Intelligence and Security in the 
Office of the Secretary. Therefore, this final rule modifies the 
current delegation of Secretarial authority to the Administrator, 
Research and Special Programs Administration, in 49 CFR 1.53(e) to 
carry out the functions and activities currently relating to emergency 
transportation performed by the OET and gives notice that these 
functions and activities shall be coordinated with, reviewed by, and 
subject to the concurrence of the Director of the Office of 
Intelligence and Security.
    This rule is being published as a final rule and made effective on 
the date signed by the Secretary. As the rule relates to Departmental 
management, procedures, and practices, notice and comment on it 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 the 
date of signature, July 14, 2004, 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 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 modification 
of authority from the Secretary, 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--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES

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


0
2. In Sec.  1.23, revise paragraph (o) to read as follows:


Sec.  1.23  Spheres of primary responsibility.

* * * * *
    (o) Office of Intelligence and Security. Responsible for 
intelligence and security matters within the Department of 
Transportation that affect the safety of the traveling public, and for 
oversight of emergency preparedness and response functions and 
activities within the Department, and of operation of the Department's 
Crisis Management Center.
* * * * *

0
3. In Sec.  1.53, revise paragraph (e) to read as follows:


1.53  Delegations to the Administrator of the Research and Special 
Programs Administration.

* * * * *
    (e) Emergency preparedness. Carry out the functions related to 
emergency preparedness vested in the Secretary by 49 U.S.C. 101 and 301 
or delegated to the Secretary by or through the Defense Production Act 
of 1950, 50 U.S.C. App 2061 et seq.; Executive Order 10480, as amended; 
Executive Order 12148; Executive Order 12656; Executive Order 12742; 
Executive Order 12919, as amended; Reorganization Plan No. 3 or 1978; 
and such other statutes, executive orders, and other directives as may 
pertain to emergency preparedness, subject to the coordination with, 
review by, and concurrence of the Director of Intelligence and Security 
in the Office of the Secretary.
* * * * *
0
4. In Sec.  1.69, add paragraph (b) to read as follows:


Sec.  1.69  Delegations to the Director of Intelligence and Security.

* * * * *
    (b) Emergency preparedness and response. Coordinate with the 
Director, Office of Emergency Transportation, the functions related to 
emergency preparedness and response vested in the

[[Page 44973]]

Secretary by 49 U.S.C. 101 and 301 or delegated to the Secretary by or 
through the Defense Production Act of 1950, 50 U.S.C. App. 2061 et 
seq.; Executive Order 12148, as amended; Executive Order 12656, as 
amended; Executive Order 12742, as amended; Executive Order 12919, as 
amended; Reorganization Plan No. 3 of 1978; and such other statutes, 
executive orders, and other directives that may pertain to emergency 
preparedness and response.

    Issued this 14th day of July, 2004, at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 04-16723 Filed 7-27-04; 8:45 am]
BILLING CODE 4910-62-P