[Federal Register Volume 71, Number 104 (Wednesday, May 31, 2006)]
[Rules and Regulations]
[Pages 30828-30833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4854]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

49 CFR Part 1

[Docket No. OST-1999-6189]
RIN 9991-AA50


Organization and Delegation of Powers and Duties

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

ACTION: Final rule.

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SUMMARY: This amendment delegates various authorities vested in the 
Secretary of Transportation (Secretary) by the ``Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users'' or 
``SAFETEA-LU'' (Pub. L. 109-59; August 10, 2005) and other laws to the 
Research and Innovative Technology Administrator, the Federal Highway 
Administrator, the Federal Railroad Administrator, the National Traffic 
Highway Safety Administrator, the Federal Transit Administrator, the 
Pipeline and Hazardous Materials Safety Administrator, the Federal 
Motor Carrier Safety Administrator, and the Under Secretary for 
Transportation Policy.

DATES: Effective Date: May 31, 2006.

FOR FURTHER INFORMATION CONTACT: Karen Starring, Attorney Advisor, 
Office of General Counsel, Department of Transportation, 400 7th St., 
SW., Room 10424, Washington, DC 20590-0001; Telephone (202)366-9314.

SUPPLEMENTARY INFORMATION:

Background

    On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users'' or ``SAFETEA-LU'', 
Public Law 109-59, was signed into law. Title 49 of the Code of Federal 
Regulations (CFR) section 1.4(f) is amended to reflect SAFETEA-LU 
nomenclature for ``mass transit'' which is now ``public 
transportation.''
    49 CFR 1.23 defines the spheres of primary responsibility of the 
Secretary, Deputy Secretary, Assistant Secretaries, and specific 
Department level offices. As a result of SAFETEA-LU, the Department 
will add a Deputy Assistant Secretary for Tribal Government Affairs. 
This rulemaking defines the sphere of primary responsibility for the 
Deputy Assistant Secretary for Tribal Government Affairs.
    49 CFR 1.45(b) permits the Administrators to redelegate authority 
the Secretary delegates to them. However, inadvertently, section 
1.45(b) failed to specifically grant this authority to the Federal 
Motor Carrier Safety Administrator. While the Federal Motor Carrier 
Safety Administrator clearly has this authority as a matter of general 
administrative law, the Department is seizing this opportunity to 
correct this inadvertent error. In addition, please note that prior 
actions taken by subordinate FMCSA officials are considered valid 
despite the lack of specific redelegation language.

[[Page 30829]]

    49 CFR 1.46 delegates to the Administrator of the Research and 
Innovative Technology Administration (RITA) the authority to carry out 
various functions and activities related to the mission of the agency 
vested in or delegated to the Secretary. The Secretary has determined 
that certain authority vested in the Secretary under SAFETEA-LU should 
be delegated to the Research and Innovative Technology Administrator. 
This rulemaking revises section 1.46 to reflect these delegations.
    49 CFR 1.48 delegates to the Administrator of the Federal Highway 
Administration (FHWA) the authority to carry out various functions and 
activities related to the mission of the agency vested in or delegated 
to the Secretary. The Secretary has determined that the authority 
vested in the Secretary under SAFETEA-LU concerning the authorization 
of funds for Federal-aid highways, Federal lands highways, and highway 
safety programs, and other matters should be delegated to the Federal 
Highway Administrator. This rulemaking adds subsection (c)(24) to 
section 1.48 to reflect these delegations. In addition, the remainder 
of section 1.48 is amended to reflect current authority and citations 
and to remove expired authorities.
    49 CFR 1.49 delegates to the Administrator of the Federal Railroad 
Administration (FRA) the authority to carry out various functions and 
activities related to the mission of the agency vested or delegated to 
the Secretary. The Secretary has determined that certain authority 
vested in the Secretary under SAFETEA-LU including the authorization of 
funds for capital grant programs and other matters related to railroad 
projects, programs, and studies should be delegated to the Federal 
Railroad Administrator. This rulemaking revises subsection (ee) and 
adds subsections (mm) and (nn) to section 1.49 to reflect these 
delegations.
    49 CFR 1.50 delegates to the Administrator of the National Highway 
Traffic Safety Administration (NHTSA) the authority to carry out 
various functions and activities related to the mission of the agency 
vested in or delegated to the Secretary. The Secretary has determined 
that certain authority vested in the Secretary under SAFETEA-LU 
concerning highway safety, motor vehicle safety, and other matters 
should be delegated to the National Highway Traffic Safety 
Administrator. This rulemaking adds subsection (p) to section 1.50 to 
reflect these delegations.
    49 CFR 1.51 delegates to the Administrator of the Federal Transit 
Administration (FTA) the authority to carry out various functions and 
activities related to the mission of the agency vested in or delegated 
to the Secretary. The Secretary has determined that the authority 
vested in the Secretary under SAFETEA-LU concerning public 
transportation should be delegated to the Federal Transit 
Administrator. This rulemaking revises and amends section 1.51 to 
reflect these delegations. In addition, other paragraphs of section 
1.51 are amended to reflect current authority and citations and to 
remove expired authorities.
    49 CFR 1.53 delegates to the Administrator of the Pipeline and 
Hazardous Materials Safety Administration (PHMSA) the authority to 
carry out various functions and activities related to the mission of 
the agency vested in or delegated to the Secretary. The Secretary has 
determined that the authority vested in the Secretary under SAFETEA-LU 
concerning the transportation and inspection of hazardous materials 
should be delegated to the Pipeline and Hazardous Materials Safety 
Administrator. This rulemaking revises subsection (b)(1) of section 
1.53 to reflect these delegations.
    49 CFR 1.73 delegates to the Administrator of the Federal Motor 
Carrier Safety Administration (FMCSA) the authority to carry out 
various functions and activities related to the mission of the agency 
vested in or delegated to the Secretary. The Secretary has determined 
that the authority vested in the Secretary under Title IV of SAFETEA-
LU, the ``Motor Carrier Safety Reauthorization Act of 2005'', 49 U.S.C. 
30101, should be delegated to the Federal Motor Carrier Safety 
Administrator. This rulemaking revises and amends section 1.73 to 
reflect these delegations.
    49 CFR 1.74 delegates to the Under Secretary for Transportation 
Policy the authority to carry out various functions and activities 
related to the mission of the Office of the Under Secretary for 
Transportation Policy vested in or delegated to the Secretary. The 
Secretary has determined that the authority vested in the Secretary 
under SAFETEA-LU concerning the tax-exempt financing of highway 
projects and rail-truck facilities should be delegated to the Under 
Secretary for Transportation Policy. This rulemaking revises and amends 
section 1.74 to reflect this delegation.
    Since these amendments relate to departmental management, 
organization, procedure, and practice, notice and comment are 
unnecessary under 5 U.S.C. 553(b). Further, since the amendment 
expedites the Department's ability to meet the statutory intent of the 
applicable laws and regulations covered by this delegation, the 
Secretary finds good cause under 5 U.S.C. 553(d)(3) for the final rule 
to be effective on the date of publication in the Federal Register.

Regulatory Analysis 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 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 provisions of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. We 
also do not believe this rule would impose any costs on small entities 
because it simply delegates authority from one official to another. 
Therefore, I certify this final rule will not have a significant 
economic impact on a substantial number of small entities.

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).

F. Unfunded Mandates Reform Act

    The Department has determined that the requirements of Title II of 
the

[[Page 30830]]

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
For the reasons set forth in the preamble, the Office of the Secretary 
of Transportation amends 49 CFR part 1 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; 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2); 
Public Law 101-552, 104 Stat. 2736; Public Law 106-159, 113 Stat. 
1748; Public Law 107-71, 115 Stat. 597; Public Law 107-295, 116 
Stat. 2064; Public Law 107-295, 116 Stat 2065; Public Law 107-296, 
116 Stat. 2135; 41 U.S.C. 414; Public Law 108-426, 118 Stat. 2423; 
Public Law 109-59, 119 Stat. 1144.


0
2. Revise Sec.  1.4(f) to read as follows:


Sec.  1.4  General responsibilities.

* * * * *
    (f) The Federal Transit Administration. Is responsible for:
    (1) Exercising the authority vested in the Secretary for developing 
comprehensive and coordinated public transportation systems that serve 
the public.
    (2) Administering Federal transportation assistance programs and 
functions; and
    (3) Assuring appropriate liaison and coordination with other 
Federal agencies, state and local governmental authorities, with 
respect to the foregoing.
* * * * *

0
3. Amend Sec.  1.23 as follows:
0
a. Redesignate paragraphs (h) through (q) as paragraphs (i) through 
(r), respectively; and
0
b. Add new paragraph (h) to read as follows:


Sec.  1.23  Spheres of primary responsibility.

* * * * *
    (h) Deputy Assistant Secretary for Tribal Government Affairs. Plan, 
coordinate and implement the Department's policies and programs with 
respect to Indian tribes and tribal organizations. Coordinate intra-
Departmental tribal transportation programs and activities. Serve as 
the Department's primary point of contact in relationships with public 
and private organizations and groups related to Indian tribes and 
tribal organizations. Participate in any negotiated rulemaking relating 
to, or having an impact on, projects, programs, or funding associated 
with the tribal transportation program.
* * * * *

0
4. Revise Sec.  1.45(b) to read as follows:


Sec.  1.45  Delegations to all Administrators.

* * * * *
    (b) Except as otherwise specifically provided, each official to 
whom authority is granted by Sec.  1.45 through 1.53, 1.66, 1.68, and 
1.73 may redelegate and authorize successive redelegations of that 
authority within the organization under that official's jurisdiction.
* * * * *

0
5. Revise Sec.  1.46(c), (d), (e), (i), (l) and (m) to read as follows:


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

* * * * *
    (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, and section 5513(j) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, Title V, Subtitle E, Public Law 109-59, August 10, 2005, 119 
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, and section 5506 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, Title V, Subtitle E, Public Law 109-59, August 10, 2005, 119 
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, and sections 5401 and 5402 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users, Title V, Subtitle D, Public Law 109-59, August 10, 
2005, 119 Stat. 1144.
* * * * *
    (i) Intermodalism. Carry out the functions vested in the Secretary 
by 49 U.S.C. 5503(d) and Section 4149 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users, 
Title IV, Subtitle A and Section 5209, Title V, Subtitle B, Public Law 
109-59, August 10, 2005, 119 Stat. 1144.
* * * * *
    (l) Research grants. Carry out the functions vested in the 
Secretary by section 5513(c), (d), (g), (h), (i), (l), and (m) (as (m) 
relates to (c), (d), (g), (h), (i), (j), and (l)) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, Title V, Subtitle E, Public Law 109-59, August 10, 2005, 119 
Stat. 1144.
    (m) Biobased transportation research. Carry out the functions 
vested in the Secretary by section 5201(m) of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users, 
Title V, Subtitle B, Public Law 109-59, August 10, 2005, 119 Stat. 
1144.
* * * * *

0
6. Revise Sec.  1.48 to read as follows:


Sec.  1.48  Delegations to Federal Highway Administrator.

    (a) Unless otherwise provided, the Federal Highway Administrator 
may further delegate authority provided under this section.
    (b) The Federal Highway Administrator is delegated authority to 
administer the following provisions of title 23, Highways, U.S.C.:
    (1) Chapter 1, Federal-Aid Highways, except for sections 142 (as it 
relates to matters within the primary responsibility of the Federal 
Transit Administrator), 153, 154, 158, 159, 161, and 164.
    (2) Chapter 2, Other Highways.
    (3) Chapter 3, General Provisions, except for section 322.
    (4) Section 409 of chapter 4, Highway Safety.
    (5) Chapter 5, Research, Technology, and Education, except for 
sections 508 and 509.
    (6) Chapter 6, Infrastructure Finance.
    (c) The Federal Highway Administrator is delegated authority to 
administer the following laws relating generally to highways:
    (1) Section 502(c) of the General Bridge Act of 1946, as amended 
(60 Stat. 847, 33 U.S.C. 525(c)).
    (2) Reorganization Plan No. 7 of 1949 (63 Stat. 1070).
    (3) The Federal-Aid Highway Act of 1954, as amended (Pub. L. 83-
350, 68 Stat. 70).
    (4) The Federal-Aid Highway Act of 1956, as amended (Pub. L. 84-
627, 70 Stat. 374).
    (5) The Highway Revenue Act of 1956, as amended (Pub. L. 84-627, 70 
Stat. 374, 387, 23 U.S.C.A. 120 note).
    (6) The Alaska Omnibus Act, as amended (Pub. L. 86-70, 73 Stat. 
141, 48 U.S.C.A. 21 note.).

[[Page 30831]]

    (7) The Act of September 26, 1961, as amended (Pub. L. 87-307, 75 
Stat. 670).
    (8) The Act of April 27, 1962 (Pub. L. 87-441, 76 Stat. 59).
    (9) The Federal-Aid Highway Act of 1962, as amended (Pub. L. 87-
866, 76 Stat. 1145).
    (10) The Joint Resolution of August 28, 1965, as amended (Pub. L. 
89-139, 79 Stat. 578, 23 U.S.C.A. 101 et seq., notes).
    (11) The Highway Beautification Act of 1965, as amended (Pub. L. 
89-285, 79 Stat. 1028, 23 U.S.C.A. 131 et seq., notes).
    (12) The Federal-Aid Highway Act of 1966, as amended (Pub. L. 889-
574, 80 Stat. 766).
    (13) The Federal-Aid Highway Act of 1968, as amended (Pub. L. 90-
495, 82 Stat. 815).
    (14) The Federal-Aid Highway Act of 1970, as amended (except 
section 118) (Pub. L. 91-605, 84 Stat. 1713).
    (15) Sections 103, 104, 111(b), 128(b), 131, 135, 136, 141, 147, 
149, 154, 158 through 161, 163, 203, 206, 401, and 402 of the Federal-
Aid Highway Act of 1973, as amended (Pub. L. 93-87, 87 Stat. 250; Pub. 
L. 93-643, 88 Stat. 2281).
    (16) Sections 102(b) (except subparagraph (2)) and (c); 105 (b)(1) 
and (c); 141; 146; 147; and 152 of the Federal-Aid Highway Act of 1976 
(Pub. L. 94-280, 90 Stat. 425).
    (17) Sections 105, 107(c) through (e), 123(a) and (b), 124(c), 
126(d) through (g), 138(c), 140, 142 through 145, 147 through 154, 167, 
and 171, title IV, as amended (as it relates to matters within the 
primary responsibility of the Federal Highway Administrator), and 
sections 502-504 of title V of the Surface Transportation Assistance 
Act of 1978 (Pub. L. 95-599, 92 Stat. 2689).
    (18) The Federal-Aid Highway Act of 1982 (Pub. L. 97-327, 96 Stat. 
1611), except section 6 as it relates to matters within the primary 
responsibility of the Federal Transit Administrator.
    (19) The Surface Transportation Assistance Act of 1982, as amended, 
(Pub. L. 97-424, 96 Stat. 2097) except,
    (i) Sections 165 and 531 as they relate to matters within the 
primary responsibility of the Federal Transit Administrator;
    (ii) Sections 105(f), 413; 414(b) (2); 421, 426, and title III; and
    (iii) Section 414(b)(1), unless with the concurrence of the 
National Highway Traffic Safety Administrator.
    (20) Sections 103(e), 105(a) through (g), 106(a), and (b), 110(b), 
114(d), 117(f), 120(c) and (d), 123(g) and (i), 133(f), 134, 136, 137, 
139 through 145, 146(b), 147(c), 149(a) through (f), (h), (i), (k), 151 
through 157, 164, and 208 of the Surface Transportation and Uniform 
Relocation Assistance Act of 1987 (Pub. L. 100-17, 101 Stat. 132).
    (21) Sections 1002(c) and (e), 1003(c), 1004, 1006(h), 1009(c), 
1012(b) and (d) through (f), 1013(c), 1014(c), 1015, 1016(g), 1017(c), 
1021(c) and (d), 1022(c), 1023(f) through (g), 1029(c), (f), and (g), 
1032(d) and (e), 1038 through 1042, 1044, 1045, 1046(d), 1047, 1049, 
1050, 1051, 1054, 1057 through 1063, 1065, 1067, 1069, 1072, 1073, 
1074, 1076, 1077, 1086, 1088 through 1092, 1097, 1099 through 1108, 
6012, and 6014 through 6016 of the Intermodal Surface Transportation 
Efficiency Act of 1991 (Pub. L. 102-240, 105 Stat. 1914).
    (22) Sections 201 through 205, 327 through 336, 339, 340, 349, 352, 
353, and 408 of the National Highway System Designation Act of 1995 
(Pub. L. 104-59, 109 Stat. 568).
    (23) Sections 1101(a), 1102, 1103(m) and (n), 1106(a) and (d), 
1107(c), 1108(f) and (g), 1110(d)(2) and (e), 1112(c) and (e), 1117(a), 
(b), and (d), 1118, 1119, 1202(b) and (e), 1204(i), 1207(c), 1210, 
1211(i) and (l), 1212 (b), (e) through (j), (l), (m), (o), and (q) 
through (t), 1213(c), and (f) through (j), 1214, 1215, 1216, 1217, 
1220, 1223, 1224, 1225, 1307(d) through (f), 1308, 1309, 1311, 1402, 
1511, 5001, 5112, 5116 through 5118, and 5203 through 5212 of the 
Transportation Equity Act for the 21st Century (Pub. L. 105-178, 112 
Stat. 107).
    (24) Sections 1102, 1105(f), 1109(f), 1111(b)(4), 1112, 1115(c), 
1116(a) and (b), 1117, 1119(n), 1120(c), 1201, 1301, 1302, 1303, 1304, 
1305, 1306, 1308, 1310, 1401(e), 1402, 1403, 1404, 1405, 1408, 1409(a) 
and (b), 1410, 1411, 1502, 1603, 1604, 1801 (d), 1803, 1804, 1805, 
1807, 1808(g) through (k), 1907, 1908, 1910, 1911, 1914, 1916, 1917, 
1918, 1919, 1923, 1924, 1925, 1927, 1928, 1934, 1935, 1936, 1937, 1939, 
1940, 1941, 1943, 1944, 1945, 1948, 1949, 1950, 1952, 1957, 1958, 1959, 
1961, 1962, 1964, 2003(e), 4112, 4141, 4404 (as it relates to matters 
within the primary responsibility of the Federal Highway 
Administrator), 5101(b), 5202(b)(3)(B), (c), and (d), 5203(e) and (f), 
5204(g) and (i), 5304, 5305, 5306, 5307, 5308, 5309 (except (c)(4)), 
5501, 5502, 5504, 5507, 5508, 5511, 5512, 5513(b), (f), (k), and (m) 
(as (m) relates to (b), (f), and (k)), 5514, 6001(b), 6002(b), 6009(b) 
and (c) (as they relate to matters within the primary responsibility of 
the Federal Highway Administrator), 6010 (as it relates to matters 
within the primary responsibility of the Federal Highway 
Administrator), 6017, 6018, 10210, and 10212 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. 
L. 109-59, 119 Stat. 1144).
    (d) The Federal Highway Administrator is delegated authority to:
    (1) Carry out the functions vested in the Secretary of 
Transportation by section 601 of the Pipeline Safety Act of 1992 (Pub. 
L. 102-508, 106 Stat. 3289) relating to construction of the Page Avenue 
Extension Project in Missouri.
    (2) Carry out the functions of the Secretary under the Appalachian 
Regional Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5, 40 U.S.C. 
Subtitle IV) except section 208.
    (3) Carry out the Act of September 21, 1966, Public Law 89-599, 
relating to certain approvals concerned with a compact between the 
States of Missouri and Kansas.
    (4) Carry out the law relating to the Chamizal border highway (Pub. 
L. 89-795, 80 Stat. 1477).
    (5) Carry out the Highway Safety Act of 1966, as amended (Pub. L. 
89-564, 80 Stat. 731) and chapter 4 of title 23 U.S.C. as amended by 
section 207 of the Surface Transportation Assistance Act of 1978 for 
highway safety programs, research and development relating to highway 
design, construction and maintenance, traffic control devices, 
identification and surveillance of accident locations, and highway-
related aspects of pedestrian and bicycle safety.
    (6) Exercise the authority vested in the Secretary by 49 U.S.C. 
20134(a) with respect to the laws administered by the Federal Highway 
Administrator pertaining to highway safety and highway construction.
    (7) Carry out the functions vested in the Secretary by section 5 
(as it relates to bridges, other than railroad bridges, not over 
navigable waters), and section 8(a) (as it relates to all bridges other 
than railroad bridges) of the International Bridge Act of 1972 (Pub. L. 
92-434, 86 Stat. 731).
    (8) Exercise the authority vested in the Secretary by sections 101, 
118, 120(b), 123 and 124 of the Federal-Aid Highway Amendments of 1974 
(Pub. L. 93-643, January 4, 1975, 88 Stat. 2281).
    (9) Carry out the functions vested in the Secretary by section 118 
of the National Visitor Center Facilities Act of 1968 (Pub. L. 90-264, 
82 Stat. 43), as added by the Union Station Redevelopment Act of 1981 
(Pub. L. 97-125; 95 Stat. 1672), with respect to the completion of the 
parking facility and associated ramps at Union Station in Washington, 
DC (40 U.S.C. 818).
    (10) Carry out the functions vested in the Secretary by Public Law 
98-229, 98 Stat. 55, insofar as it relates to apportioning certain 
funds for construction of the Interstate Highway

[[Page 30832]]

System in Fiscal Year 1985, apportioning certain funds for Interstate 
substitute highway projects, and increasing amounts available for 
emergency highway relief.
    (11) Prescribe regulations, as necessary, at parts 24 and 25 of 
this title, to implement Public Law 91-646, 84 Stat. 1894, and any 
amendments thereto, as appropriate, in coordination with the Assistant 
Secretary for Transportation Policy, and carry out all other functions 
vested in the Secretary by the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 
1894, and any amendments thereto.
    (12) Carry out the functions vested in the Secretary of 
Transportation by section 114 of Part C of the Paperwork Reduction 
Reauthorization Act of 1986 (contained in the Act Making Continuing 
Appropriations for Fiscal Year 1987 and for Other Purposes, Public Law 
99-591, 100 Stat. 3341, 2241-349), relating to construction of 
Interstate Highway H-3 in Hawaii.
    (13) Carry out all of the functions vested in the Secretary under 
section 324 of the Fiscal Year 1986 Department of Transportation 
Appropriations Act (Pub. L. 99-190, 99 Stat. 1288), notwithstanding the 
reservation of authority under Sec. 1.44(j) of this part.
    (14) Carry out the functions vested in the Secretary of 
Transportation by section 505 of the Railroad Revitalization and 
Regulatory Reform Act of 1976, as amended, (Pub. L. 94-210, 90 Stat. 
31) relating to the Alameda Corridor Project in consultation with the 
Federal Railroad Administrator.
    (15) Carry out the function of acting as the lead DOT agency in 
matters relating to the National Environmental Policy Act pertinent to 
the authority vested in the Secretary to establish, operate, and manage 
the Nationwide Differential Global Positioning System (NDGPS) by 
section 346 of the Department of Transportation and Related Agencies 
Appropriations Act, 1998 (Pub. L. 105-66, 111 Stat. 1425).
    (16) Exercise the responsibilities of the Secretary under 49 U.S.C. 
303 as it relates to matters within the primary responsibility of the 
Federal Highway Administrator.
    (17) Exercise the responsibilities of the Secretary under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
other Federal laws related to programs, projects, and activities 
administered by the Federal Highway Administration.
    (18) Exercise the responsibilities of the Secretary under section 
176(c) of the Clean Air Act (42 U.S.C. 7506(c)), as amended by section 
6011 of the Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users (Pub. L. 109-59, 119 Stat. 1144), as it 
relates to matters within the primary responsibility of the Federal 
Highway Administrator.
    (19) Exercise the responsibilities of the Secretary under 49 U.S.C. 
309.

0
7. Amend Sec.  1.49 as follows:
0
a. Revise paragraph (ee); and
0
b. Add paragraphs (mm) and (nn) to read as follows:


Sec.  1.49  Delegations to Federal Railroad Administrator.

* * * * *
    (ee) Carry out the functions vested in the Secretary by section 
5701 of title 49 of the United States Code, with respect to 
transportation by railroad.
* * * * *
    (mm) Carry out the functions and exercise the authority vested in 
the Secretary by sections 1307, 1946, 9004, 9006, and 9007 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (Pub. L. No. 109-59, 119 Stat. 1144) as they relate to 
deployment of magnetic levitation transportation projects, the Gateway 
Rural Improvement Pilot Program, a study of the impact of public safety 
of train travel in communities without grade separation, capital grants 
to the Alaska Railroad, and a study of rail transportation and 
regulation.
    (nn) Carry out the functions and exercise the authority vested in 
the Secretary by section 20154 of title 49, United States Code relating 
to capital grants for rail line relocation projects.

0
8. In Sec.  1.50, add paragraph (p) to read as follows:


Sec.  1.50  Delegations to the National Highway Traffic Safety 
Administrator.

* * * * *
    (p) Carry out the functions and exercise the authority vested in 
the Secretary under the ``Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users'' or ``SAFETEA-LU'' (Pub. 
L. 109-59; August 10, 2005), as it relates to:
    (1) Section 1906, the grant program to prohibit racial profiling;
    (2) Section 2001(d), transfers;
    (3) Section 2003(c), on-scene motor vehicle collision causation;
    (4) Section 2003(d), research on distracted, inattentive, and 
fatigued drivers;
    (5) Section 2003(f), refusal of intoxication testing;
    (6) Section 2003(g), impaired motorcycle driving;
    (7) Section 2003(h), reducing impaired driving recidivism;
    (8) Section 2009(f), annual evaluation, in regard to high 
visibility enforcement program;
    (9) Section 2010, motorcyclist safety;
    (10) Section 2011, child safety and child booster seat incentive 
grants;
    (11) Section 2012, safety data;
    (12) Section 2013, drug-impaired driving enforcement;
    (13) Section 2014, first responder vehicle safety program;
    (14) Section 2015, driver performance study;
    (15) Section 2016, rural state emergency medical services 
optimization pilot program;
    (16) Section 2017, older driver safety; law enforcement training;
    (17) Section 5513(e), automobile accident injury research;
    (18) Section 5513(m) as it relates to section 513(e);
    (19) Section 10202, emergency medical services;
    (20) Section 10302, side-impact crash protection rulemaking;
    (21) Section 10303, tire research;
    (22) Section 10305(b), publication of nontraffic incident data 
collection;
    (23) Section 10306, study of safety belt use technologies;
    (24) Section 10307(b), regulations, in regard to safety labeling 
requirements;
    (25) Section 10308, power window switches; and
    (26) Section 10309(a), testing, in regard to 15-passenger van 
safety.

0
9. Amend Sec.  1.51 as follows:
0
a. Remove paragraphs (f), (g), (h), (j), (k), (l), (m), and (n);
0
b. Redesignate paragraph (i) as paragraph (f);
0
c. Revise paragraphs (a) and (b); and
0
d. Add new paragraphs (g), (h), and (i) to read as follows:


Sec.  1.51  Delegations to Federal Transit Administrator.

* * * * *
    (a) The Urban Mass Transportation Act of 1964, as amended (78 Stat. 
302, 49 U.S.C. 1601 et seq.).
    (b) Section 1 of Reorganization Plan No. 2 of 1968 (5 U.S.C. app. 
1).
* * * * *
    (f) Title II of the National Mass Transportation Assistance Act of 
1974 (Pub. L. 93-503, November 26, 1974), except sections 204 and 205.
    (g) Title 49 United States Code, chapter 53 as amended by the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU) (Pub. L. 109-59, August 10, 2005).
    (h) 49 U.S.C. 303 as it involves public (mass) transportation 
projects.
    (i) Sections 3040, 3041, 3044, 3045, 3046, 3048, 3049, and 3050 of 
the Safe,

[[Page 30833]]

Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (Pub. L. 109-59, 119 Stat.1144); sections 6009 (b) and (c) 
and 6010 of the Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users as they relate to public (mass) transit 
projects; and the following provisions as amended by SAFETEA-LU and as 
related to public (mass) transportation projects:
    (1) 23 U.S.C. 139, 326, and 502(h); and
    (2) 42 U.S.C. 7506(c).

0
10. Amend Sec.  1.53 as follows:
0
a. Remove paragraph (d);
0
b. Redesignate paragraph (e) as paragraph (d); and
0
c. Revise paragraph (b) introductory text and (b)(1) to read as 
follows:


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

* * * * *
    (b) * * *
    (1) Carry out the functions vested in the Secretary by 49 U.S.C. 
5121(a), (b), (c), (d) and (e), 5122, 5123, and 5124 relating to 
investigations, records, inspections, emergency orders, 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.
* * * * *

0
11. Amend Sec.  1.73 as follows:
0
a. Revise paragraph (a)(7), (8), and (9);
0
b. Revise paragraphs (g) and (h); and
0
c. Add paragraphs (q) through (y) to read as follows:


Sec.  1.73  Delegation to the Administrator of the Federal Motor 
Carrier Safety Administration.

* * * * *
    (a) * * *
    (7) Chapter 145, sections 14501, 14502, 14504 and 14504a relating 
to Federal-State relations;
    (8) Chapter 147, sections 14701 through 14708, 14710, and 14711, 
relating to enforcement remedies, investigations and motor carrier 
liability; and
    (9) Chapter 149, sections 14901 through 14913, and 14915, relating 
to enforcement remedies, investigations and motor carrier liability.
* * * * *
    (g) Carry out the functions vested in the Secretary by subchapters 
I, III, and IV of chapter 311, title 49, U.S.C., relating to commercial 
motor vehicle programs, safety regulation, and international 
activities, except that the authority to promulgate safety standards 
for commercial motor vehicles and equipment subsequent to initial 
manufacture is limited to standards that are not based upon and similar 
to a Federal Motor Vehicle Safety Standard promulgated under chapter 
301 of title 49, U.S.C.
    (h) Carry out the functions vested in the Secretary by 49 U.S.C. 
5701 relating to food transportation inspections of commercial motor 
vehicles; and 5113 and 31144 relating to safety fitness of owners and 
operators.
* * * * *
    (q) Carry out the functions vested in the Secretary by Public Law 
109-59, 119 Stat. 1717, section 4105(b)(1) relating to the study 
concerning predatory tow truck operations.
    (r) Carry out the functions vested in the Secretary by Public Law 
109-59, 119 Stat. 1738, section 4126 relating to the commercial vehicle 
information systems and networks program.
    (s) Carry out the functions vested in the Secretary by Public Law 
109-59, 119 Stat. 1742, section 4128 relating to grants under the 
safety data improvement program.
    (t) Carry out the functions vested in the Secretary by Public Law 
109-59, 119 Stat. 1744, section 4134 relating to the grant program for 
persons to train operators of commercial motor vehicles.
    (u) Carry out the functions vested in the Secretary by Public Law 
109-59, 119 Stat. 1744, section 4135 relating to the task force 
concerning commercial drivers license program.
    (v) Carry out the functions vested in the Secretary by Public Law 
109-59, 119 Stat. 1744, section 4139(a) and (b)(1) relating to the 
training and outreach to state personnel and a review concerning 
Canadian and Mexican commercial motor vehicles respectively.
    (w) Carry out the functions vested in the Secretary by Public Law 
109-59, 119 Stat. 1759, section 4213 relating to the establishment of a 
working group for development of practices and procedures to enhance 
Federal-State relations.
    (x) Carry out the functions vested in the Secretary by Public Law 
109-59, 119 Stat. 1821, section 5503 relating to the motor carrier 
efficiency study.
    (y) Carry out the functions vested in the Secretary by Public Law 
109-59, 119 Stat. 1829, sections 5513(a) and (m), relating to the 
research grant for a thermal imaging inspection system demonstration 
project.

0
12. Revise Sec.  1.74 to read as follows:


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

    The Under Secretary for Transportation Policy is delegated 
authority:
    (a) Under the Federal hazardous materials transportation law, 49 
U.S.C. 5101 et seq., to:
    (1) Serve as the principal adviser to the Secretary on all 
intermodal and cross-modal hazardous materials matters;
    (2) Act as the focal point for review of hazardous materials 
policies, priorities, and objectives;
    (3) Provide oversight for planning and budgeting strategies for all 
departmental hazardous materials activities;
    (4) Resolve disputes among Operating Administrations on hazardous 
materials issues;
    (5) Provide external reviews and continual monitoring of all 
departmental hazardous materials activities;
    (6) In coordination with the Assistant Secretary for Budget and 
Programs, direct that the Operating Administrations apply resources to 
specific cross-modal initiatives;
    (7) Coordinate DOT-wide hazardous materials outreach and data 
activities; and
    (8) Address other regulatory and programmatic cross-modal issues 
related to hazardous materials as warranted.
    (b) Carry out the functions and exercise the authority vested in 
the Secretary by section 11143 of Public Law 109-59, Stat. 1144, titled 
``Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users'' to manage the day-to-day activities associated with 
implementation of section 11143 regarding tax-exempt financing of 
highway projects and rail-truck facilities. The Under Secretary of 
Transportation for Policy may further delegate this authority.

    Issued this 16th day of May, 2006, at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 06-4854 Filed 5-30-06; 8:45 am]
BILLING CODE 4910-62-P