[Federal Register Volume 74, Number 107 (Friday, June 5, 2009)]
[Rules and Regulations]
[Pages 26981-26983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13021]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

49 CFR Part 1

[Docket No. DOT-OST-1999-6189]
RIN 9991-AA55


Organization and Delegation of Powers and Duties: Federal 
Railroad Administrator and Federal Transit Administrator

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

ACTION: Final rule.

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SUMMARY: This final rule delegates all of the authorities vested in the 
Secretary of Transportation (Secretary) by the Rail Safety Improvement 
Act of 2008 to the Administrator of the Federal Railroad Administration 
(FRA). This final rule also delegates the authorities vested in

[[Page 26982]]

the Secretary by the Passenger Rail Investment and Improvement Act of 
2008 to the Administrator of FRA, except for the authorities vested in 
the Secretary by Title VI of that Act, which are delegated in this 
final rule to the Administrator of the Federal Transit Administration 
(FTA).

DATES: Effective Date: June 5, 2009.

FOR FURTHER INFORMATION CONTACT: Bonnie Angermann, Office of General 
Counsel, Department of Transportation, 1200 New Jersey Ave., SE., 
Washington, DC 20590; Telephone (202) 366-9166.

SUPPLEMENTARY INFORMATION: This final rule updates the Code of Federal 
Regulations (CFR) section that sets forth authorities delegated from 
the Secretary of Transportation to other Departmental officials. 
Specifically, all authorities vested in the Secretary by the Rail 
Safety Improvement Act of 2008, Div. A of Public Law 110-432; 122 Stat. 
4848 et seq. (Oct. 16, 2008), are delegated to the Administrator of 
FRA. This final rule also delegates the authorities vested in the 
Secretary by the Passenger Rail Investment and Improvement Act of 2008, 
Div. B of Public Law 110-432; 122 Stat. 4907 et seq. (Oct. 16, 2008), 
to the Administrator of FRA, except for the authorities vested in the 
Secretary under one title of that Act, which are delegated in this 
final rule to the Administrator of FTA.
    Part 1 of Title 49 of the CFR describes the organization of DOT and 
provides for the performance of duties imposed upon, and the exercise 
of powers vested in, the Secretary. This final rule corrects a 
typographical error in section 1 (``Purpose'') of this part.
    Section 1.49 of this part delegates to the Administrator of FRA the 
authority to carry out various functions and activities related to the 
mission of the agency. This rule delegates all authorities vested in 
the Secretary by the Rail Safety Improvement Act of 2008 to the 
Administrator of FRA. In addition, this rule delegates the authorities 
vested in the Secretary by Titles I through V of the Passenger Rail 
Investment and Improvement Act of 2008 (122 Stat. 4907 et seq.) to the 
Administrator of FRA. These titles address intercity rail passenger 
services and related programs. This final rule adds paragraphs (oo) and 
(pp) to 49 CFR 1.49 to reflect these delegations to the Administrator 
of FRA.
    Section 1.51 of this part delegates to the Administrator of FTA the 
authority to carry out various functions and activities related to the 
mission of the agency. This rule delegates the authority vested in the 
Secretary by Title VI of the Passenger Rail Investment and Improvement 
Act of 2008 (122 Stat. 4968), as it relates to capital and preventive 
maintenance projects for the Washington Metropolitan Area Transit 
Authority, to the Administrator of FTA. The FTA is responsible for mass 
transportation programs. This rule adds paragraph (j) to 49 CFR 1.51 to 
reflect these delegations.
    Since these amendments relate to DOT management, organization, 
procedure, and practice, notice and comment are unnecessary under 5 
U.S.C. 553(b). Further, since the final rule expedites DOT'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 DOT (44 FR 11034). There are no costs associated with this final 
rule because it simply delegates authority from one DOT official to 
another.

B. 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''). For the reasons 
previously stated, this final rule does not significantly or uniquely 
affect the communities of the Indian tribal governments and does not 
impose substantial direct compliance costs; therefore, the funding and 
consultation requirements of Executive Order 13175 do not apply.

C. 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 DOT official to another. 
Therefore, I certify this final rule will not have a significant 
economic impact on a substantial number of small entities.

D. Paperwork Reduction Act

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

E. Unfunded Mandates Reform Act

    DOT 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, part 1, subtitle A of title 
49, Code of Federal Regulations is amended 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; 46 U.S.C. 2104(a); 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. 108-136, 117 Stat. 1392; Pub. L. 101-115, 103 
Stat. 691; Pub. L. 108-293, 118 Stat. 1028; Pub. L. 109-364, 120 
Stat. 2083; Pub. L. 110-140, 121 Stat. 1492; Pub. L. 110-432, 122 
Stat. 4848.


0
2. Revise Sec.  1.1 to read as follows:


Sec.  1.1  Purpose.

    This part describes the organization of the Department of 
Transportation and provides for the performance of duties imposed upon, 
and the exercise of powers vested in, the Secretary of Transportation 
by law.


0
3. Amend Sec.  1.49 by adding paragraphs (oo) and (pp) as follows:


Sec.  1.49  Delegations to Federal Railroad Administrator.

* * * * *
    (oo) Carry out the functions and exercise the authority vested in 
the Secretary by the Rail Safety Improvement Act of 2008 (Pub. L. 110-
432, Div. A, 122 Stat. 4848).
    (pp) Carry out the functions and exercise the authority vested in 
the Secretary by the Passenger Rail Investment and Improvement Act of 
2008 (Pub. L. 110-432, Div. B, 122 Stat. 4907), except Title VI (122 
Stat. 4968) as it relates to capital and preventive maintenance 
projects for the Washington Metropolitan Area Transit Authority.


0
4. Amend Sec.  1.51 by adding paragraph (j) as follows:


Sec.  1.51  Delegations to Federal Transit Administrator.

* * * * *
    (j) Title VI of the Passenger Rail Investment and Improvement Act 
of

[[Page 26983]]

2008 (Pub. L. 110-432, Div. B, 122 Stat. 4968).

Ray LaHood,
Secretary of Transportation.
[FR Doc. E9-13021 Filed 6-4-09; 8:45 am]
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