[Federal Register Volume 73, Number 54 (Wednesday, March 19, 2008)]
[Rules and Regulations]
[Pages 14727-14728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-5543]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket No. OST 2008-0103]
RIN 2105-AD73


Organization and Delegation of Powers and Duties; Secretarial 
Succession

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

ACTION: Final rule.

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SUMMARY: This amendment will revise the order of Secretarial succession 
for the Department. This action is taken on the Department's 
initiative.

DATES: Effective Date: March 19, 2008.

FOR FURTHER INFORMATION CONTACT: Donna O'Berry, Office of the Assistant 
General Counsel for Operations, Department of Transportation, 1200 New 
Jersey Avenue, SE., Room W96-317, Washington, DC 20590; Telephone (202) 
366-6136.

SUPPLEMENTARY INFORMATION: 

Background

    In 49 CFR 1.26, the order of succession to act as Secretary of 
Transportation is set forth as follows: The Deputy Secretary, Under 
Secretary of Transportation for Policy, General Counsel, Assistant 
Secretary for Aviation and International Affairs, Assistant Secretary 
for Transportation Policy, Assistant Secretary for Budget and Programs, 
Assistant Secretary for Governmental Affairs, Assistant Secretary for 
Administration, Federal Aviation Administrator, Federal Aviation 
Administration Regional Administrator, Southwest Region, Federal 
Aviation Administrator Regional Administrator, Great Lakes Region.
    Section 102(e) of title 49, United States Code, authorizes the 
Secretary to prescribe the order of succession for the Department's 
Assistant Secretaries and the General Counsel. We are updating our 
Secretarial Order of Succession to reflect recent Secretarial decisions 
concerning the order of succession for Assistant Secretaries of 
Transportation.
    As this rule relates solely 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 security 
and continuity of operations

[[Page 14728]]

interests constitute good cause for making 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

    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 provisions 
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).

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; 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.


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2. Amend Sec.  1.26 by revising paragraph (a) to read as follows:


Sec.  1.26  Secretarial succession.

    (a) The following officials, in the order indicated, shall act as 
Secretary of Transportation, in case of the absence or disability of 
the Secretary, until the absence or disability ceases, or in the case 
of a vacancy, until a successor is appointed. Notwithstanding the 
provisions of this section, the President retains discretion, to the 
extent permitted by the law, to depart from this order in designating 
an acting Secretary of Transportation.
    (1) Deputy Secretary.
    (2) Under Secretary of Transportation for Policy.
    (3) General Counsel.
    (4) Assistant Secretary for Budget and Programs.
    (5) Assistant Secretary for Transportation Policy.
    (6) Assistant Secretary for Governmental Affairs.
    (7) Assistant Secretary for Aviation and International Affairs.
    (8) Assistant Secretary for Administration.
    (9) Federal Aviation Administrator.
    (10) Federal Aviation Administration Regional Administrator, 
Southwest Region.
    (11) Federal Aviation Administration Regional Administrator, Great 
Lakes Region.
* * * * *

    Issued in Washington, DC on March 10, 2008.
Mary E. Peters,
Secretary of Transportation.
 [FR Doc. E8-5543 Filed 3-18-08; 8:45 am]
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