[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Rules and Regulations]
[Pages 7669-7670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2803]


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DEPARTMENT OF TRANSPORTATION

49 CFR Part 1

[Docket No. OST-1999-6189]
RIN 1991-AA45


Organization and Delegation of Powers and Duties; Office of 
Intelligence, Security, and Emergency Response

AGENCY: Office of the Secretary of Transportation.

ACTION: Final rule.

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SUMMARY: The Secretary of Transportation (Secretary) renames the Office 
of Intelligence and Security as the Office of Intelligence, Security, 
and Emergency Response. The Secretary rescinds 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 the authority to the 
Director of Intelligence, Security, and Emergency Response in the 
Office of the Secretary.

DATES: Effective Date: February 4, 2005.

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 Web page of the 
Department's Docket Management System (http://dms.dot.gov). On that Web 
page, 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 (RSPA) the authority to carry out functions and 
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 as may pertain to emergency 
preparedness and response.
    The functions related to emergency preparedness and response are 
currently performed by the RSPA's Office of Emergency Transportation 
(OET), subject to coordination with and concurrence by the Director of 
Intelligence and Security. The OET's mission is to serve as the 
Departmental emergency coordinator. OET also 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 (CMC); 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 Transportation, Treasury, Independent Agencies, and General 
Government Appropriations Act, 2005, transfers operational 
responsibility for the OET and the CMC from RSPA to the Office of the 
Secretary. This authority is being delegated to the Office of 
Intelligence and Security, which is now being renamed to the Office of 
Intelligence, Security, and Emergency Response to reflect the inclusion 
of OET and the CMC. Therefore, this final rule rescinds the current 
delegation of Secretarial authority to the Administrator, RSPA, 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 carried out by the 
Director of the Office of Intelligence, Security, and Emergency 
Response.

[[Page 7670]]

    This rule is being published as a final rule and made effective 
upon signature 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 
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 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--[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; Pub L. 107-296, 116 Stat. 2135; Pub. L. 108-447, div. H, 
118 Stat. 3199.


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


Sec.  1.23  Spheres of primary responsibility.

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

0
3. In Sec.  1.53, remove and reserve paragraph (e).

0
4. Revise Sec.  1.69 to read as follows:


Sec.  1.69  Delegations to the Director of Intelligence, Security, and 
Emergency Response.

    The Director of Intelligence, Security, and Emergency Response is 
delegated authority for the following:
    (a) Intelligence and Security. Carry out the functions assigned to 
the Secretary by the Aviation Security Improvement Act of 1990, section 
101 (Pub. L. 101-508; November 16, 1990) relating to intelligence and 
security matters in all modes of transportation.
    (b) Emergency preparedness and response. 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.

    Issued this 4th day of February 2005, at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 05-2803 Filed 2-14-05; 8:45 am]
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