[Federal Register Volume 70, Number 33 (Friday, February 18, 2005)]
[Rules and Regulations]
[Pages 8299-8302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3245]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

Pipeline and Hazardous Materials Safety Administration

49 CFR Chapter I

Research and Innovative Technology Administration

49 CFR Chapter XI

[Docket No. OST 1999-6189]
RIN 9991-AA47


Pipeline and Hazardous Materials Safety Administration, and to 
the Administrator, Research and Innovative Technology Administration; 
Establishment and Delegation of Powers and Duties

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

ACTION: Final rule.

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SUMMARY: Two new administrations, the Pipeline and Hazardous Materials 
Safety Administration and the Research and Innovative Technology 
Administration, are being established within the United States 
Department of Transportation pursuant to the Norman Y. Mineta Research 
and Special Programs Improvement Act. Each new administration is 
established effective February 20, 2005. Accordingly, by this action, 
the Secretary delegates to the Administrator, Pipeline and Hazardous 
Materials Safety Administration, and the Administrator, Research and 
Innovative Technology Administration, functions required for the 
operation of each new administration. In addition, this final rule 
renames chapters I and XI of subtitle B of title 49 CFR.

DATES: Effective Date: This final rule is effective on February 20, 
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:

Background

    The Norman Y. Mineta Research and Special Programs Improvement Act 
[Pub. L. 108-426, 118 Stat. 2423 (November 30, 2004)] amends title 49, 
United States Code, by reorganizing the Research and Special Program 
Administration (RSPA) into two new administrations, the Pipeline and 
Hazardous Materials Safety Administration (PHMSA) and the Research and 
Innovative Technology Administration (RITA). PHMSA succeeds to all the 
authority exercised by RSPA with regard to pipeline and hazardous 
materials safety. RITA succeeds to substantially all the research 
authority currently exercised by RSPA, and includes other duties and 
powers of the Secretary that advance the Department's research, 
development, and technology objectives. In addition, two existing 
organizations of the Department, the Bureau of Transportation 
Statistics and the Office of Intermodalism, are moved to RITA (49 CFR 
Chapter XI). 49 CFR part 1 enumerates powers and duties that each modal 
administration within the Department of Transportation is responsible 
for carrying out. This rule amends 49 CFR part 1 to reflect the 
Secretary's delegation of authority to the Administrators of PHMSA and 
RITA, respectively.
    The Administrators of PHMSA and RITA may redelegate their 
respective powers and duties described in this document if not 
inconsistent with statute, departmental regulations, policies, and 
orders governing delegations.
    As this rule relates to Departmental organization, procedures, and 
practice, notice and comment on it are unnecessary under 5 U.S.C. 
553(b). In addition, the Secretary finds that prior notice and 
opportunity to comment are unnecessary, and good cause exists to 
dispense with the 30-day delay in the effective date requirement so 
that PHMSA and RITA may operate pursuant to the changes noted above 
beginning February 20, 2005.
    Ministerial amendments to a number of other parts in title 49 of 
the Code of Federal Regulations that pertain to functions of the new 
administrations will be issued in the near future.

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 (``Regulatory Planning and Process''), 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 final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). 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 
requirements of Executive Order 13132 do not apply.

C. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``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 
13175 do not apply.

D. Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this rule 
under the Administrative Procedure Act (5 U.S.C. 553), the provision of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.

E. Paperwork Reduction Act

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

[[Page 8300]]

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, Title 49, Code of Federal 
Regulations Subtitles A and B, are amended as follows:

Subtitle A--Office of the Secretary

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; 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. 107-295, 116 Stat 2065; Pub. L. 107-296, 116 Stat. 2135; 41 
U.S.C. 414; Pub. L. 108-426, 118 Stat. 2423.


0
2. Amend Sec.  1.2 by revising paragraphs (g) and (i) to read as 
follows:


Sec.  1.2  Definitions.

* * * * *
    (g) The Pipeline and Hazardous Materials Safety Administrator.
* * * * *
    (i) The Research and Innovative Technology Administrator.
* * * * *

0
3. Amend Sec.  1.3 by revising paragraphs (b)(7) and (b)(9) to read as 
follows:


Sec.  1.3  Organization of the Department.

* * * * *
    (b) * * *
    (7) The Pipeline and Hazardous Materials Safety Administration, 
headed by the Administrator.
* * * * *
    (9) The Research and Innovative Technology Administration, headed 
by the Administrator.
* * * * *

0
4. Amend Sec.  1.4 by revising paragraphs (h) and (k) to read as 
follows:


Sec.  1.4  General responsibilities.

    (h) The Pipeline and Hazardous Materials Safety Administration. Is 
responsible for:
    (1) Administering a national program of safety in natural gas and 
hazardous liquid pipeline transportation including identifying pipeline 
safety concerns, developing uniform safety standards, and promulgating 
and enforcing safety regulations.
    (2) Administering a national program of safety, including security, 
in multi-modal hazardous materials transportation including identifying 
hazardous materials safety concerns, developing uniform safety 
standards, and promulgating and enforcing safety and security 
regulations.
* * * * *
    (k) The Research and Innovative Technology Administration. Is 
responsible for:
    (1) Coordinating, facilitating, and reviewing the Department's 
research and development programs and activities, except as limited by 
section 4(b)(1) of the Norman Y. Mineta Research and Special Programs 
Improvement Act (Pub. L. 108-426, 118 Stat. 2423 (November 30, 2004)).
    (2) After consultation with modal and OST offices, making 
recommendations to the Secretary on all modal and OST research budgets.
    (3) Serving as the focal point for Departmental research, 
development, and technology endeavors, in coordination with the Under 
Secretary for Policy.
    (4) Planning, developing, initiating and managing programs in 
transportation research and development. Programs undertaken by RITA 
shall not be duplicative of similar programs undertaken by any modal or 
OST office. Maintaining the capability to perform research, 
development, and analysis in transportation planning and socio-economic 
effects, program management, and provide advice on technology in DOT 
policy development. Particular efforts will be made on analyzing 
transportation systems problems and developing innovative research 
products, processes and applications to solve them, advanced 
transportation concepts, and multimodal transportation. RITA will 
develop and maintain vital statistics and related transportation 
information databases.
    (5) Providing leadership on technical, navigation, communication, 
and systems engineering activities.
    (6) Providing a point of contact for the Department with the 
academic community to encourage transportation research.
    (7) Providing university transportation research grants.
    (8) Managing a Transportation Safety Institute which designs and 
conducts training programs responsive to the requirements of Government 
and industry as expressed by the operating administrations of the 
Department.
    (9) Carrying out comprehensive transportation statistics research, 
analysis, and reporting.
    (10) Providing oversight of the activities of the Bureau of 
Transportation Statistics.
    (11) Providing oversight of the activities of the Volpe National 
Transportation Systems Center.
    (12) Coordinating intermodal research initiatives and planning 
activities.
    (13) Serving as a focal point within the Federal government for 
coordination of intermodal transportation research and development 
policy, in coordination with the Under Secretary for Policy.
* * * * *

0
5. Amend Sec.  1.22 by revising paragraph (a) to read as follows:


Sec.  1.22  Structure.

    (a) Secretary and Deputy Secretary. The Secretary and Deputy 
Secretary are assisted by the following, all of which report directly 
to the Secretary: The Under Secretary for Policy; the Executive 
Secretariat; the Board of Contract Appeals; the Departmental Office of 
Civil Rights; the Office of Small and Disadvantaged Business 
Utilization; the Office of Intelligence, Security, and Emergency 
Response; the Office of Public Affairs; and the Office of the Chief 
Information Officer. The Assistant Secretaries, the General Counsel, 
and the Inspector General also report directly to the Secretary.
* * * * *

0
6. Amend Sec.  1.23 by revising paragraph (b) to read as follows:


Sec.  1.23  Spheres of primary responsibility.

* * * * *
    (b) The Under Secretary for Policy. Provides leadership in the 
development of policy for the Department, supervises the policy 
activities of Assistant Secretaries with primary responsibility for 
aviation, international, and other transportation policy development 
and carries out other powers and duties prescribed by the Secretary. 
Assists the Secretary and Deputy Secretary in carrying out a variety of 
executive and managerial policies, programs and initiatives. Serves as 
the focal point within the Federal Government for coordination of 
intermodal transportation policy which brings together departmental 
intermodal perspectives, advocates intermodal interests, and provides 
secretarial leadership and visibility on issues that involve or affect 
more than one operating administration.
* * * * *

0
7. Add Sec.  1.46 to read as follows:

[[Page 8301]]

Sec.  1.46  Delegations to the Administrator of the Research and 
Innovative Technology Administration.

    The Administrator of the Research and Innovative Technology 
Administration is delegated authority for the following:
    (a) Coordination of Departmental research and development programs 
and activities. (1) Coordinate, facilitate, and review all Departmental 
research and development programs and activities, except as limited by 
section 4(b)(1) of the Norman Y. Mineta Research and Special Programs 
Improvement Act (Pub. L. 108-426, 118 Stat. 2423).
    (2) After consultation with modal and OST offices, RITA shall make 
recommendations to the Secretary on all modal and OST research budgets.
    (b) Science and technology. (1) With respect to scientific and 
technological matters, serve as principal advisor to the Secretary and 
representative of the Department to the academic community, the private 
sector, professional organizations, and other Government agencies.
    (2) Serve as principal liaison official for the Department of 
Transportation with the Office of Science and Technology Policy in the 
Executive Office of the President, the National Science and Technology 
Council, and the President's Committee of Advisors on Science and 
Technology.
    (3) Serve as primary official responsible for coordination and 
oversight of the Department's implementation of section 2 of the 
Federal Technology Transfer Act of 1986 (15 U.S.C. 3710a), relating to 
the transfer of Federal technology to the marketplace; and section 
12(d) of the National Technology Transfer and Advancement Act of 1996 
(Pub. L. 104-113), as implemented by OMB Circular A-119: Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards and in Conformity Assessment Activities.
    (4) Serve as Chair and Executive Secretary of the Department of 
Transportation's Research, Development and Technology Planning Council.
    (5) Serve as Chair and Executive Secretary of the Department of 
Transportation Research, Development and Technology Planning Team.
    (6) Carry out the functions vested in the Secretary by section 5108 
of the Transportation Equity Act for the 21st Century (23 U.S.C. 508), 
as extended by the Surface Transportation Extension Act of 2004, Part 
V, Public Law 108-310, September 30, 2004, 118 Stat. 1144.
    (7) Advocate Department of Transportation policy and program 
coordination efforts associated with transportation research.
    (8) Represent the Department of Transportation on departmental, 
national and international committees and meetings dealing with 
transportation R&D.
    (9) Manage the strategic planning process for transportation R&D 
across the Department of Transportation and, through the National 
Science and Technology Council, across the Federal Government.
    (10) Conduct transportation system-level assessments and policy 
research.
    (11) Facilitate the creation of transportation public/private 
partnerships.
    (12) Foster innovation in the transportation sector.
    (13) Disseminate information on departmental, national, and 
international transportation R&D activities.
    (14) Manage and coordinate a nationwide program of transportation 
research, education and technology transfer through grants to 
university transportation centers and foster university participation 
in the planning, conduct and analysis of transportation research.
    (15) Manage department- and government-wide (inter/multimodal) 
transportation R&D programs.
    (16) Oversee advisory boards that deal with transportation system-
level R&D assessments and issues, such as the National Research Council 
Committee on the Federal Transportation R&D Strategic Planning Process.
    (c) Advanced vehicle technology. Carry out the functions vested in 
the Secretary by section 5111 of the Transportation Equity Act for the 
21st Century (49 U.S.C. 5506), as extended by the Surface 
Transportation Extension Act of 2004, Part V, Public Law 108-310, 
September 30, 2004, 118 Stat. 1144.
    (d) Remote sensing technology. Carry out the functions vested in 
the Secretary by section 5113 of the Transportation Equity Act for the 
21st Century (23 U.S.C. 502 note), as extended by the Surface 
Transportation Extension Act of 2004, Part V, Public Law 108-310, 
September 30, 2004, 118 Stat. 1144.
    (e) University transportation research. Carry out the functions 
vested in the Secretary by section 5110 of the Transportation Equity 
Act for the 21st Century (49 U.S.C. 5505), as extended by the Surface 
Transportation Extension Act of 2004, Part V, Public Law 108-310, 
September 30, 2004, 118 Stat. 1144.
    (f) Volpe National Transportation Systems Center. Exercise the 
authority vested in the Secretary with respect to the activities of the 
Volpe National Transportation Systems Center and carry out the 
functions vested in the Secretary by 49 U.S.C. 328 with respect to the 
working capital fund for financing the activities of the Volpe National 
Transportation Systems Center.
    (g) Transportation Safety Institute. Exercise authority over the 
Transportation Safety Institute.
    (h) Transportations Statistics. Exercise the authority and carry 
out the functions vested in the Secretary by 49 U.S.C. 112(d)(1)(C) 
relating to transportation statistics, analysis, and reporting.
    (i) Intermodalism. Carry out the functions vested in the Secretary 
by 49 U.S.C. 5503(d).
    (j) Aviation information. (1) Carry out the functions vested in the 
Secretary by 49 U.S.C. 329(b)(1) relating to the collection and 
dissemination of information on civil aeronautics.
    (2) Carry out the functions vested in the Secretary by section 
4(a)(7) of the Civil Aeronautics Board Sunset Act of 1984 (October 4, 
1984; Pub. L. 98-443) relating to the reporting of the extension of 
unsecured credit to political candidates (section 401, Federal Election 
Campaign Act of 1971; 2 U.S.C. 451), in conjunction with the General 
Counsel and the Assistant Secretary for Aviation and International 
Affairs.
    (3) Carry out the functions vested in the Secretary by: 49 U.S.C. 
40113 (relating to taking such actions and issuing such regulations as 
may be necessary to carry out responsibilities under the Act), 49 
U.S.C. 41702 (relating to the duty of carriers to provide safe and 
adequate service), 49 U.S.C. 41708 and 41709 (relating to the 
requirement to keep information and the forms in which it is to be 
kept), and 49 U.S.C. 41701 (relating to establishing just and 
reasonable classifications of carriers and rules to be followed by 
each) as appropriate to carry out the responsibilities under this 
paragraph in conjunction with the General Counsel and the Assistant 
Secretary for Aviation and International Affairs.
    (k) Hazardous materials information. In coordination with the Under 
Secretary for Transportation Policy, work with the Operating 
Administrations to determine data needs, collection strategies, and 
analytical techniques appropriate for implementing 49 U.S.C. 5101 et 
seq.


0
8. Revise Sec.  1.53 to read as follows:


Sec.  1.53  Delegations to the Administrator of the Pipeline and 
Hazardous Materials Safety Administration.

    The Administrator of the Pipeline and Hazardous Materials Safety

[[Page 8302]]

Administration is delegated authority for the following:
    (a) Pipelines. (1) Exercise the authority and carry out the 
functions vested in the Secretary by the Federal pipeline safety laws 
(49 U.S.C. 60101 et seq.).
    (2) Exercise the authority and carry out the functions vested in 
the Secretary under section 28 of the Mineral Leasing Act, as amended 
(30 U.S.C. 185).
    (3) Exercise the authority and carry out the functions vested in 
the Secretary under section 21 of the Deepwater Port Act of 1974, as 
amended (33 U.S.C. 1520) relating to the establishment, enforcement and 
review of regulations concerning the safe construction, operation or 
maintenance of pipelines on Federal lands and the Outer Continental 
Shelf.
    (4) Exercise the authority and carry out the functions vested in 
the Secretary under section 5 of the International Bridge Act of 1972 
(33 U.S.C. 535) as it relates to pipelines not over navigable 
waterways.
    (5) Exercise the authority and carry out the functions vested in 
the Secretary under the Outer Continental Shelf Lands Act, as amended 
(43 U.S.C. 1331 et seq.) with respect to the establishment, enforcement 
and review of regulations concerning pipeline safety.
    (6) Exercise the authority and carry out the functions delegated to 
the Secretary under sections 4(a) and 5(c) of Executive Order 12316 (46 
FR 42237, Aug. 20, 1981) (delegating sections 107(c)(1)(c) and 108(b), 
respectively, of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1981, as amended (42 U.S.C. 9601 et 
seq.)) as they relate to pipelines.
    (7) Exercise the authority and carry out the functions vested in 
the Secretary by section 7005 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (recodified at 49 U.S.C. 60301 by Pub. L. 
103-272) as they relate to pipeline safety user fees.
    (8) Exercise the authority and carry out the functions vested in 
the Secretary by 49 U.S.C. 6101 et seq. as they relate to pipeline 
damage prevention One Call programs.
    (9) Exercise the authority and carry out the functions vested in 
the Secretary by the Pipeline Safety Improvement Act of 2002 (Pub. L. 
107-355, 116 Stat. 2985).
    (b) Hazardous materials. Except as delegated by Sec.  1.74:
    (1) Carry out the functions vested in the Secretary by 49 U.S.C. 
5121(a), (b) and (c), 5122, 5123, and 5124 relating to investigations, 
records, inspections, penalties, and specific relief, with particular 
emphasis on the shipment of hazardous materials and the manufacture, 
fabrication, marking, maintenance, reconditioning, repair or test of 
multi-modal containers that are represented, marked, certified, or sold 
for use in the transportation of hazardous materials.
    (2) Carry out the functions vested in the Secretary by all other 
provisions of the Federal hazardous material transportation law (49 
U.S.C. 5101 et seq.), except as delegated by sections 1.47(j)(2), 
1.49(s)(2), and 1.73(d)(2).
    (3) Serve as the Department's point of contact and consult with the 
Environmental Protection Agency on matters arising under section 3003 
of the Resources Conservation and Recovery Act (42 U.S.C. 6923) and 
section 9 of the Toxic Substances Control Act (15 U.S.C. 2608).
    (c) Carry out the functions vested in the Secretary by section 4(e) 
of the International Safe Container Act (46 U.S.C. 1503(e)).
    (d) Carry out the functions vested in the Secretary by sections 
5703, 5704, 5705, 5706, and 5707 of the Sanitary Food Transportation 
Act of 1990 (49 U.S.C. 5701-5714).
    (e) Exercise the authority and carry out the functions delegated to 
the Secretary in the following sections of Executive Order 12777 (56 FR 
54757, Oct. 22, 1991):
    (1) Section 2(b)(2) relating to the establishment of procedures, 
methods, equipment and other requirements to prevent discharges from, 
and to contain oil and hazardous substances in, pipelines, motor 
carriers, and railroads; and
    (2) Section 2(d)(2) relating to the issuance of regulations 
requiring the owners or operators of pipelines, motor carriers, and 
railroads, subject to the Federal Water Pollution Control Act (33 
U.S.C. 1321 et seq.), to prepare and submit response plans. For 
pipelines subject to the Federal Water Pollution Control Act, this 
authority includes the approval of means to ensure the availability of 
private personnel and equipment to remove, to the maximum extent 
practicable, a worst case discharge, the review and approval of 
response plans, and the authorization of pipelines to operate without 
approved response plans.


Sec.  1.71  [Removed and reserved].

0
9. Section 1.71 is removed and reserved.

0
10. Revise the section heading and introductory text to read as 
follows:


Sec.  1.74  Delegations to the Under Secretary for Transportation 
Policy.

    The Under Secretary for Transportation Policy is delegated 
authority under the Federal hazardous materials transportation law, 49 
U.S.C. 5101 et seq., to:
* * * * *

Subtitle B--Other Regulations Relating to Transportation

CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, 
DEPARTMENT OF TRANSPORTATION

0
11. In subtitle B, revise the heading of 49 CFR chapter I to read as 
set forth above.

CHAPTER XI--RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION, 
DEPARTMENT OF TRANSPORTATION

0
12. Also in subtitle B, revise the heading of Chapter XI to read as set 
forth above.

    Issued this 13th day of February, 2005 at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 05-3245 Filed 2-16-05; 11:15 am]
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