[Federal Register Volume 69, Number 196 (Tuesday, October 12, 2004)]
[Rules and Regulations]
[Pages 60562-60563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22743]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket OST-1999-6189]
RIN 9991-AA44


Definitions, Organization and Delegation of Powers and Duties

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: This rule will implement the Services Acquisition Reform Act 
of 2003 (SARA), which amended the Office of Federal Procurement Policy 
Act to require each agency head to designate a Chief Acquisition 
Officer (CAO). The Secretary of Transportation designated the Deputy 
Secretary as CAO and also designated the Assistant Secretary of 
Administration as Deputy CAO. This rule will ensure proper 
accountability and responsibility of acquisition functions within the 
Department of Transportation (DOT).

EFFECTIVE DATE: October 12, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Elaine Wheeler, Office of the 
Senior Procurement Executive, M-60, (202) 366-4272, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590 or e-mail 
to [email protected].

SUPPLEMENTARY INFORMATION: This rule updates the Code of Federal 
Regulations (CFR) section that sets forth authority delegated from the 
Secretary of Transportation to other Departmental officials, including 
the Assistant Secretary for Administration. This rule aligns 49 CFR 
Part 1 with the Office of Federal Procurement Policy Act (41 U.S.C. 
414) (as amended by SARA, Pub. L. 108-136, Sect. 1421 (Nov. 24, 2003)).
    The Federal Acquisition Regulation (48 CFR Part 2) defines the 
agency head as, among others, a ``chief official or assistant chief 
official of an executive agency'' and the ``Senior Procurement 
Executive'' as the individual responsible for the management direction 
of the acquisition system of the executive agency. Accordingly, this 
rule delegates to the Assistant Secretary for Administration the 
ability to carry out the duties and responsibilities of agency head for 
Departmental procurement and re-delegates this authority to DOT's 
Senior Procurement Executive. This authority excludes duties, 
responsibilities, and powers expressly reserved by statute or 
regulation.
    Section 1421 of SARA amended the Office of Federal Procurement 
Policy Act to require the designation of a Chief Acquisition Officer 
(CAO) by the head of each executive agency. This rule reflects the 
Secretary's designation of the Deputy Secretary as DOT's CAO and the 
Assistant Secretary for Administration as the Deputy CAO, with the 
authority to re-delegate any CAO function. This rule also reflects the 
re-delegation to the Senior Procurement Executive, who resides within 
the Office of the Assistant Secretary for Administration, the authority 
to carry out the functions of agency head for departmental procurement, 
and the authority to carry out the functions of CAO, except for those 
expressly reserved for the Deputy Secretary in his role as CAO. 
Finally, this rule will reflect the issuance of DOT Order 1101.12B, 
dated May 17, 1999, which eliminated the Office of Acquisition and 
Grant Management, but retained the Senior Procurement Executive and 
some personnel.
    This rule does not impose substantive requirements; it simply 
updates the CFR to accurately reflect the statutory and organizational 
posture of the Department. The rule is ministerial in nature and 
relates only to Departmental management, procedure, and practice as it 
relates to the acquisition function. 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 and 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 upon publication pursuant to 5 
U.S.C. 553(d)(2).

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

[[Page 60563]]

substantial direct compliance costs, the funding and consultation 
requirements of Executive Order 13084 do not apply.

D. Paperwork Reduction Act

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

E. 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 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); 41 U.S.C. 
414.
0
2. Revise Sec.  1.24, paragraph (a) to read as follows:


Sec.  1.24  Authority.

    (a) The Deputy Secretary: (1) May exercise the authority of the 
Secretary, except where specifically limited by law, order, regulation, 
or instructions of the Secretary; and (2) serves as the Chief 
Acquisition Officer.
* * * * *

0
3. Amend Sec.  1.59 by adding paragraphs (a)(5) and (6) to read as 
follows:


Sec.  1.59  Delegations to the Assistant Secretary for Administration.

* * * * *
    (5) Carry out the duties and responsibilities of agency head for 
departmental procurement within the meaning of the Federal Acquisition 
Regulation. This authority as agency head for departmental procurement 
excludes duties, responsibilities, and powers expressly reserved for 
the Secretary of Transportation.
    (6) Serve as Deputy Chief Acquisition Officer.

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


Sec.  1.59a  Redelegations by the Assistant Secretary for 
Administration.

    (a) The Assistant Secretary for Administration has re-delegated to 
the Director, Office of the Senior Procurement Executive the authority 
to:
    (1) carry out the duties and responsibilities of agency head for 
departmental procurement within the meaning of the Federal Acquisition 
Regulation except for those duties expressly reserved for the Secretary 
of Transportation.
    (2) carry out the functions of the Chief Acquisition Officer except 
for those functions specifically reserved for the Deputy Secretary.
    (3) procure and authorize payment for property and services for the 
Office of the Secretary, with power to re-delegate and authorize 
successive re-delegations.
* * * * *

    Issued this 26th day of September, 2004 at Washington, DC.
Norman Mineta,
Secretary.
[FR Doc. 04-22743 Filed 10-8-04; 8:45 am]
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