[Federal Register Volume 73, Number 72 (Monday, April 14, 2008)]
[Rules and Regulations]
[Pages 20000-20001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7885]


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DEPARTMENT OF TRANSPORTATION

49 CFR Part 1

[Docket No. DOT-OST-1999-6189]
RIN 9991-AA52


Organization and Delegation of Powers and Duties; National 
Highway Traffic Safety Administrator

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Final rule.

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SUMMARY: This amendment delegates various authorities vested in the 
Secretary of Transportation (Secretary) by the Energy Independence and 
Security Act of 2007 (Act) (Pub. L. 110-140; December 19, 2007) to the 
National Highway Traffic Safety Administrator.

DATES: Effective Date: This final rule is effective on April 14, 2008.

FOR FURTHER INFORMATION CONTACT: Stan Feldman, Associate Chief Counsel, 
Office of Chief Counsel, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue, SE., West Building, W41-308, 
Washington, DC 20590, Telephone: (202) 366-1834.

SUPPLEMENTARY INFORMATION: On December 19, 2007, the Act was signed 
into law. Title 49 of the Code of Federal Regulations (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 the Act concerning automobile fuel 
economy and other matters should be delegated to the National Highway 
Traffic Safety Administrator. This rulemaking adds paragraph (q) to 
Sec.  1.50 to reflect these delegations.
    Since this amendment relates 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 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 DOT Regulatory Policies and Procedures 
(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 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 of Transportation 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
For the reasons set forth in the preamble, the Office of the Secretary 
of Transportation amends 49 CFR part 1 as follows:

[[Page 20001]]

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; Public Law 110-140, 121 Stat. 
1492.


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2. In Sec.  1.50, add paragraph (q) to read as follows:


Sec.  1.50  Delegations to National Highway Traffic Safety 
Administrator.

* * * * *
    (q) Carry out the functions and exercise the authority vested in 
the Secretary under the ``Energy Independence and Security Act of 
2007'' (Public Law 110-140; December 19, 2007), as it relates to:
    (1) Section 106, Continued Applicability of Existing Standards;
    (2) Section 107, National Academy of Sciences Studies;
    (3) Section 108, National Academy of Sciences Study of Medium-Duty 
and Heavy-Duty Truck Fuel Economy;
    (4) Section 110, Periodic Review of Accuracy of Fuel Economy 
Labeling;
    (5) Section 113, Exemption from Separate Calculation Requirement;
    (6) Section 131(b)(2) and (c)(1), Plug-in Electric Drive Vehicle 
Program;
    (7) Section 225(a), Study of Optimization of Flexible Fueled 
Vehicles to Use E-85 Fuel;
    (8) Section 227(a), Study of Optimization of Biogas Used in Natural 
Gas Vehicles;
    (9) Section 242(a), Renewable Fuel Dispenser Requirements; and
    (10) Section 248(a), Biofuels Distribution and Advanced Biofuels 
Infrastructure.

    Issued on April 7, 2008.
Mary E. Peters,
Secretary of Transportation.
[FR Doc. E8-7885 Filed 4-11-08; 8:45 am]
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