[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Rules and Regulations]
[Pages 33326-33330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12108]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Parts 201, 204, 205, 211, 212, 213, 217, 241, 243, 291, 298, 
325, 330, 331, and 382

49 CFR Parts 1, 7, 10, 24, 26, 31, 37, and 40

[Docket DOT-OST-2008-0173]
RIN 2105-AD74


OST Technical Corrections

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DOT is amending a number of its regulations to reflect 
reorganization of some elements of DOT and the move of DOT's 
Headquarters site in Washington, DC. This action is taken on DOT's 
initiative.

DATES: Effective Date June 12, 2008.

FOR FURTHER INFORMATION CONTACT: Robert I. Ross, Office of the General 
Counsel, C-60, Room W96-314, Department of Transportation, 1200 New 
Jersey Avenue, SE., Washington, DC 20590; telephone 202.366.9156; 
telecopier 202.366.9170; e-mail: [email protected], or Joanne Petrie, 
Office of the General Counsel, C-50, Department of Transportation, 1200 
New Jersey Avenue, SE., Washington, DC 20590; telephone 202.366.9315; 
telecopier 202.366.9313; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Since its organizational, Freedom of 
Information Act (FOIA), and Privacy Act regulations were last revised, 
DOT has undergone a number of changes that make some parts of those 
regulations incorrect:
    1. Establishment of the Department of Homeland Security (DHS) moved 
the United States Coast Guard and the Transportation Security 
Administration from DOT to DHS.
    2. Pursuant to the Federal Motor Carrier Safety Act and the Norman 
Mineta Research and Innovative Technology Act, certain elements of DOT 
were reorganized.
    3. DOT moved its Headquarters in Washington, DC to a new site.
    4. A minor reorganization in the Office of the DOT General Counsel 
transferred oversight responsibility for FOIA to a new division.
    5. The Chief Information Officer has replaced the Assistant 
Secretary for Administration as the DOT Chief Privacy Officer.
    This publication makes corrections to the OST regulations to 
reflect these organizational and functional changes. In addition, it 
corrects the DOT headquarters address throughout OST's regulations.
    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 merely 
makes technical corrections and updates, I find 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). It was not reviewed by the Office of Management and 
Budget. 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 and 
makes other nonsubstantive corrections. 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 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

14 CFR Part 201

    Air carriers, Reporting and recordkeeping requirements.

14 CFR Part 204

    Air carriers, Reporting and recordkeeping requirements.

14 CFR Part 205

    Air carriers, Freight, Insurance, Reporting and recordkeeping 
requirements.

14 CFR Part 211

    Administrative practice and procedure, Air carriers, Pacific 
Islands Trust Territory, Reporting and recordkeeping requirements.

14 CFR Part 212

    Charter flights, Confidential business information, Reporting and 
recordkeeping requirements, Surety bonds.

14 CFR Part 213

    Air carriers, Reporting and recordkeeping requirements.

14 CFR Part 217

    Air carriers, Reporting and recordkeeping requirements.

14 CFR Part 241

    Air carriers, Reporting and recordkeeping requirements, Uniform 
System of Accounts.

[[Page 33327]]

14 CFR Part 243

    Air carriers, Aircraft, Charter flights, Reporting and 
recordkeeping requirements.

14 CFR Part 291

    Administrative practice and procedure, Air carriers, Freight, 
Reporting and recordkeeping requirements.

14 CFR Part 298

    Air taxis, Reporting and recordkeeping requirements.

14 CFR Part 325

    Administrative practice and procedure, Air transportation, 
Intergovernmental relations, Reporting and recordkeeping requirements.

14 CFR Part 330

    Administrative practice and procedure, Air carriers, Grant 
programs-transportation, Reporting and recordkeeping requirements.

14 CFR Part 331

    Air Carriers. Reporting and recordkeeping requirements.

14 CFR Part 382

    Air carriers, Civil rights, Individuals with disabilities, 
Reporting and recordkeeping requirements.

49 CFR Part 1

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

49 CFR Part 7

    Freedom of information, Reporting and recordkeeping requirements.

49 CFR Part 10

    Penalties, Privacy.

49 CFR Part 24

    Administrative practice and procedure, Grant programs, Loan 
programs, Manufactured homes, Real property acquisition, Relocation 
assistance, Reporting and recordkeeping requirements.

49 CFR Part 26

    Administrative practice and procedure, Reporting and recordkeeping 
requirements, Transportation.

49 CFR Part 31

    Administrative practice and procedure, Claims, Fraud, Penalties.

49 CFR Part 37

    Buildings and facilities, Buses, Civil rights, Individuals with 
disabilities, Mass transportation, Railroads, Reporting and 
recordkeeping requirements, Transportation.

49 CFR Part 40

    Administrative practice and procedure, Drug testing, Laboratories, 
Reporting and recordkeeping requirements, Safety, Transportation.

0
Accordingly, under the authority of 49 U.S.C. 322(a), the Department of 
Transportation amends 14 CFR chapter 2 and 49 CFR chapter 1 as follows:

TITLE 14--AERONAUTICS AND SPACE


Sec.  201.1, 204.7, 205.4, 211.10, 212.10, 213.7, 217.10, 217.10 App., 
241.1, 241.2, 241.19, 243.13, 291.42, 291.45, 291.45 App, 298.4, 
298.50, 298.60, 298.61, 298.61 App., 325.11, 330.23, 331.25, 382.65 and 
382.70  [Amended]

0
1. In Title 14, Chapter II, Parts 200-399, remove text specified in the 
``Remove'' column and add in its place the text in the ``Add'' column 
in the sections indicated below:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
201.1(b)....................  PL-401, 400 7th       1200 New Jersey
                               Street, SW.           Avenue, SE.
204.7(b)....................  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
205.4(c)....................  400 7th Street, SW..  1200 New Jersey
                                                     Avenue, SE.
211.10(b)...................  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
212.10(a)...................  400 7th Street, SW..  1200 New Jersey
                                                     Avenue, SE.
213.7.......................  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
217.10(b)...................  Room 4125.            ....................
217.10(b)...................  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
217.10 App (a)(3)...........  Room 4125.            ....................
217.10 App (a)(3)...........  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
Part 241, Sec.1-8...........  Room 4125.            ....................
Part 241, Sec.1-8...........  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
Part 241, Sec. 2-1(c).......  Room 4125.            ....................
Part 241, Sec. 2-1(c).......  400 7th Street, SW..  1200 New Jersey
                                                     Avenue, SE.
Part 241, Sec. 19-7(a)......  Room 4125.            ....................
Part 241, Sec. 19-7(a)......  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
Part 241, Appendix A to Sec.  Room 4125.            ....................
 19-7 introductory text.
Part 241, Appendix A to Sec.  400 Seventh Street,   1200 New Jersey
 19-7 introductory text.       SW.                   Avenue, SE.
Part 241, Sec. 25 Schedule T- Room 4125.            ....................
 100(f) Paragraph (b).
Part 241, Sec. 25 Schedule T- 400 Seventh Street,   1200 New Jersey
 100(f) Paragraph (b).         SW.                   Avenue, SE.
Part 241, Sec. 25, App. (e).  Room 4125.            ....................
Part 241, Sec. 25, App. (e).  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
243.13(c)...................  PL-401, 400 Seventh   1200 New Jersey
                               Street, SW.           Avenue, SE.
291.42(a)(2)................  Room 4125.            ....................
291.42(a)(2)................  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
291.45(e)(2)................  Room 4125.            ....................
291.45(e)(2)................  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
291.45, App. (c)............  Room 4125.            ....................
291.45, App. (c)............  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
298.4.......................  400 7th Street, SW..  1200 New Jersey
                                                     Avenue, SE.
298.50(b)...................  400 7th Street, SW.,  1200 New Jersey
                               PL-401.               Avenue, SE.
298.60(c)...................  Room 4125.            ....................
298.60(c)...................  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.

[[Page 33328]]

 
298.61(e)(2)................  Room 4125.            ....................
298.61(e)(2)................  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
298.61 App. (e).............  Room 4125.            ....................
298.61 App. (e).............  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
325.11 introductory text....  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
330.23(a)...................  400 7th Street, SW.,  1200 New Jersey
                               Room 6401.            Avenue, SE.
331.25(a)...................  Room 6401, 400 7th    ....................
                               Street, SW.
382.65(c)...................  400 7th Street, SW..  1200 New Jersey
                                                     Avenue, SE.
382.70(h)...................  400 7th Street, SW.,  1200 New Jersey
                               Room 4107.            Avenue, SE.
------------------------------------------------------------------------

TITLE 49--TRANSPORTATION

PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES.

0
2. 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); 
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.


0
3. The heading of Sec.  1.57b is revised to read as follows:


Sec.  1.57b  Delegations to the Assistant General Counsel for 
Operations.

* * * * *

PART 7--PUBLIC AVAILABILITY OF INFORMATION

0
4. The authority citation for part 7 continues to read as follows:

    Authority: 5 U.S.C. 552; 31 U.S.C. 9701; 49 U.S.C. 322; E.O. 
12600; 3 CFR, 1987 Comp., p. 235.


0
5. In Sec.  7.2, the definitions of `Department' and `Primary 
Electronic Access Facility' are revised to read as follows:


Sec.  7.2  Definitions.

* * * * *
    Department means the Department of Transportation, including the 
Office of the Secretary, the Office of Inspector General, and the 
following DOT components, all of which may be referred to as DOT 
components. Means of contacting each of these DOT components appear in 
Sec.  7.15. This definition specifically excludes the Surface 
Transportation Board, which has its own FOIA regulations (49 CFR Part 
1001):
    (1) Federal Aviation Administration,
    (2) Federal Highway Administration,
    (3) Federal Motor Carrier Safety Administration,
    (4) Federal Railroad Administration,
    (5) National Highway Traffic Safety Administration,
    (6) Federal Transit Administration,
    (7) Saint Lawrence Seaway Development Corporation,
    (8) Maritime Administration,
    (9) Pipeline and Hazardous Materials Safety Administration, and
    (10) Research and Innovative Technology Administration.
    Primary Electronic Access Facility means the electronic docket 
facility in the DOT Headquarters Building, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.
* * * * *

0
6. Section 7.10 is revised to read as follows:


Sec.  7.10  Public records.

    Publicly available records are located in DOT's Primary Electronic 
Access Facility at 1200 New Jersey Avenue, SE., Washington, DC 20590.
    (a) The Primary Electronic Access Facility maintains materials for 
the Office of the Secretary, including former Civil Aeronautics Board 
material, and materials for the DOT components. This facility is 
located at Room W94-128, and the hours of operation are 10:00-17:00 
eastern time.
    (b) Certain DOT components also maintain public record units at 
regional offices. These facilities are open to the public Monday 
through Friday except Federal holidays, during regular working hours. 
The Saint Lawrence Seaway Development Corporation has facilities at 180 
Andrews Street, Massena, New York 13662-0520.
    (c) Operating Administrations may have separate facilities for 
manual records. Additional information on the location and hours of 
operations for inspection facilities can be obtained through DOT's 
Primary Electronic Access Facility, at (202) 366-9322.

0
7. In Sec.  7.15, paragraph (a) is revised to read as follows:


Sec.  7.15  Contacts for records requested under the FOIA.

* * * * *
    (a) FOIA Offices at 1200 New Jersey Avenue, SE., Washington, DC 
20590:
    (1) Office of the Secretary of Transportation, Room W94-122.
    (2) Office of Inspector General, Room W73-407.
    (3) Federal Highway Administration, Room E64-302.
    (4) Federal Motor Carrier Safety Administration, Room W66-458.
    (5) Federal Railroad Administration, Room W33-437.
    (6) Federal Transit Administration, Room E42-315.
    (7) National Highway Traffic Safety Administration, Room W41-311.
    (8) Pipeline and Hazardous Materials Safety Administration, Room 
E26-109.
    (9) Research and Innovative Technology Administration, Room E35-
330.
    (10) Maritime Administration, Room W24-233.
* * * * *

0
8. In Sec.  7.41, paragraphs (b) and (c) are revised to read as 
follows:


Sec.  7.41  General.

* * * * *
    (b) All terms defined by FOIA apply to this subpart, and the term 
``hourly rate'' means the actual hourly base pay for a civilian 
employee.
    (c) This subpart applies to all employees of DOT, including those 
of non-appropriated fund activities of the Maritime Administration.
* * * * *

0
9. In Sec.  7.44, paragraphs (g) and (h) are revised to read as 
follows:


Sec.  7.44  Services performed without charge or at a reduced charge.

* * * * *
    (g) Documents will be furnished without charge or at a reduced 
charge if the official having initial denial authority determines that 
the request concerns records related to the death of an immediate 
family member who was, at the time of death, a DOT employee.
    (h) Documents will be furnished without charge or at a reduced 
charge if the official having initial denial authority determines that 
the request is by the victim of a crime who seeks the record of the 
trial at which the requestor testified.

[[Page 33329]]

PART 10--MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO 
INDIVIDUALS

0
10. The authority citation for part 10 continues to read as follows:

    Authority: 5 U.S.C. 552a; 49 U.S.C. 322.


0
11. In Sec.  10.5, the definition of `Department' is revised to read as 
follows:


Sec.  10.5  Definitions.

* * * * *
    Department means the Department of Transportation, including the 
Office of the Secretary, the Office of Inspector General, and the 
following operating administrations: This definition specifically 
excludes the Surface Transportation Board, which has its own Privacy 
Act regulations (49 CFR Part 1007), except to the extent that any 
system of records notice provides otherwise.
    (1) Federal Aviation Administration.
    (2) Federal Highway Administration.
    (3) Federal Motor Carrier Safety Administration.
    (4) Federal Railroad Administration.
    (5) Federal Transit Administration.
    (6) National Highway Traffic Safety Administration.
    (7) St. Lawrence Seaway Development Corporation.
    (8) Pipeline and Hazardous Materials Safety Administration.
    (9) Research and Innovative Technology Administration.
    (10) Maritime Administration.
* * * * *

0
12. The first sentence of Sec.  10.11 is revised to read as follows:


Sec.  10.11  Administration of part.

    Authority to administer this part in connection with the records of 
the Office of the Secretary is delegated to the Chief Information 
Officer.
* * * * *

0
13. Section 10.13 is revised to read as follows:


Sec.  10.13  Privacy Officer.

    (a) To assist with implementation, evaluation, and administration 
issues, the Chief Information Officer appoints a principal coordinating 
official with the title Privacy Officer, and one Privacy Act 
Coordinator from his/her staff.
    (b) Inquiries concerning Privacy Act matters, or requests for 
assistance, may be addressed to the Privacy Act Officer (S-80), 
Department of Transportation, 1200 New Jersey Avenue, SE., Washington, 
DC 20590.
    (c) Administrators may designate Privacy Officers or Coordinators 
to act as central coordinators within their administrations to assist 
them in administering the Act.
0
14. In Sec.  10.61, the introductory text of paragraph (a) is revised 
to read as follows:


Sec.  10.61  General exemptions.

    (a) The Assistant Secretary for Administration, with regard to the 
Investigations Division; and the Federal Aviation Administrator, with 
regard to the FAA's Investigative Record System (DOT/FAA 815) may 
exempt from any part of the Act and this part except subsections (b), 
(c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and 
(11), and (i) of the Act, and implementing Sec. Sec.  10.35, 10.23(a) 
and (b), 10.21(d)(1) through (6), 10.81, 10.83, and 10.85 of this 
chapter, any systems of records, or portions thereof, which they 
maintain which consist wholly of;
* * * * *
0
15. In Sec.  10.63, the introductory text is revised to read as 
follows:


Sec.  10.63  Specific exemptions.

    The Secretary or his or her delegee, in the case of the Office of 
the Secretary; or the Administrator or his or delegee, in the case of 
an operating administration; or the Inspector General or his or her 
delegee, in the case of the Office of Inspector General, may exempt any 
system of records that is maintained by the Office of the Secretary, an 
operating administration, or the Office of Inspector General, as the 
case may be, from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and 
(I), and (f) of the Act and implementing Sec. Sec.  10.23(c); 10.35(b); 
10.41; 10.43; 10.45; 10.21(a) and 10.21(d)(6), (7), and (8) of this 
chapter, under the following conditions:


Sec.  10.77  [Amended]

0
16. In Sec.  10.77, paragraph (c) is amended by removing `Chief 
Information Officer' and adding in its place `Assistant Secretary for 
Administration' wherever it appears.
0
17. The Appendix to Part 10 is amended as follows:
0
a. Part I is amended by removing paragraphs C, D, and F, and 
redesignating paragraph E as C;
0
b. Paragraph A of Part II is amended by removing paragraphs 4 through 
9, paragraph 11, and paragraphs 13 through 16, redesignating paragraph 
3 as paragraph 4, redesignating paragraph 10 as paragraph 5, 
redesignating paragraph 15 as paragraph 6, and redesignating paragraphs 
17 and 18 as paragraphs 7 and 8;
0
c. Paragraph D of Part II is amended by removing paragraphs 2 through 9 
and paragraph 11, redesignating paragraph 10 as paragraph 2, and 
redesignating paragraph 12 as paragraph 3;
0
d. Paragraph E of Part II is amended by removing paragraphs 1 through 
3, and redesignating paragraph 4 as paragraph 1; and
0
e. Paragraph F of Part II is amended by removing paragraph 4.


Sec. Sec.  24.602, 26.89, 31.26, 37.21324, App. B, 40.7, 40.33, 40.121, 
40.213, 40.281, and 40 App. D.  [Amended]

0
18. In the table below, remove the text indicated in the ``Remove'' 
column and add in its place the text indicated in the ``Add'' column:

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
24.602......................  400 Seventh Street,   1200 New Jersey
                               SW.                   Avenue, SE.
24, App. B..................  Room 3221, 400 7th    1200 New Jersey
                               Street SW.            Avenue, SE.
26.89(a)(3).................  400 7th Street, SW.,  1200 New Jersey
                               Room 5414.            Avenue, SE.
31.26(a)....................  Docket Clerk,         Docket Operation
                               Documentary           Services,
                               Services Division     Department of
                               (C-55), room 4107,    Transportation,
                               Department of         1200 New Jersey
                               Transportation, 400   Avenue, SE.
                               7th Street, SW.
37.213(e)...................  400 7th Street, SW..  1200 New Jersey
                                                     Avenue, SE.
40.7(a).....................  400 7th Street, SW.,  1200 New Jersey
                               Room 10424.           Avenue, SE.
40.33(a)....................  400 7th Street, SW.,  1200 New Jersey
                               Room 10403.           Avenue, SE.
40.121(b)(3)................  400 7th Street, SW.,  1200 New Jersey
                               Room 10403.           Avenue, SE.
40.213(b)(1)................  400 7th Street, SW.,  1200 New Jersey
                               Room 10403.           Avenue, SE.
40.281(b)(3)................  400 7th Street, SW.,  1200 New Jersey
                               Room 10403.           Avenue, SE.
40, App. D..................  400 7th Street, SW.,  1200 New Jersey
                               Room 10403.           Avenue, SE.
------------------------------------------------------------------------



[[Page 33330]]

    Issued in Washington, DC under authority delegated in 49 CFR 
1.57(j) on May 21, 2008.
D.J. Gribbin,
General Counsel, Department of Transportation.
 [FR Doc. E8-12108 Filed 6-11-08; 8:45 am]
BILLING CODE 4910-62-P