[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Rules and Regulations]
[Pages 5243-5244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1657]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Parts 7, 10, and 40

[Docket No. OST-2009-0173]
RIN 2105-AD82


OST Technical Corrections

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

ACTION: Final rule.

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SUMMARY: DOT is making corrections to amendments to a number of its 
regulations that were published in the Federal Register on June 12, 
2008 (73 FR 33326-30) to reflect reorganization of some elements of DOT 
and the move of DOT's Headquarters site in Washington, DC.

DATES: The amendments are effective February 2, 2010.

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; fax 
202.366.9170; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: These corrections affect the following:
    1. DOT moved its Headquarters in Washington, DC to a new site.
    2. The Chief Information Officer has replaced the Assistant 
Secretary for Administration as the DOT Chief Privacy Officer.
    3. A mistake was made in the definition of ``Department'' in our 
Freedom of Information regulations.
    4. The list of exemptions in our Freedom of Information regulations 
are reorganized and corrected to reflect the transfer of motor carrier 
safety oversight from the Federal Highway Administration to the Federal 
Motor Carrier Safety Administration.
    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, 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

    This 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

49 CFR Part 7

    Freedom of information, Reporting and recordkeeping requirements.

49 CFR Part 10

    Penalties, Privacy.

49 CFR Part 40

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

0
For the reasons discussed in the preamble, Subtitle A of title 49, Code 
of Federal Regulations, is amended as follows:

PART 7--PUBLIC AVAILABILITY OF INFORMATION

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


[[Page 5244]]


    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
2. In Section 7.2, the introductory text of the definition of 
`Department' is 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 Operating Administrations, 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):
* * * * *

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

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

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


Sec.  10.77  [Amended]

0
4. In Sec.  10.77, paragraph (c) is amended by removing `Assistant 
Secretary for Administration' and replacing it with `Chief Information 
Officer'.

0
5. In Appendix to Part 10--Exemptions, paragraph A of Part II is 
amended by removing paragraphs 3. through 12., and adding new 
paragraphs 3. through 7. to read as follows:

Appendix to Part 10--Exemptions

* * * * *

Part II. Specific Exemptions

    A. * * *
    3. Federal Motor Carrier Safety Administration (FMCSA) 
Enforcement Management Information System, maintained by the Chief 
Counsel, FMCSA (DOT/FMCSA 002).
    4. DOT/NHTSA Investigations of Alleged Misconduct or Conflict of 
Interest, maintained by the Associate Administrator for 
Administration, National Highway Traffic Safety Administration (DOT/
NHTSA 458).
    5. Civil Aviation Security System (DOT/FAA 813), maintained by 
the Office of Civil Aviation Security Policy and Planning, Federal 
Aviation Administration.
    6. Suspected Unapproved Parts (SUP) Program, maintained by the 
Federal Aviation Administration (DOT/FAA 852).
    7. Motor Carrier Management Information System (MCMIS), 
maintained by the Federal Motor Carrier Safety Administration (DOT/
FMCSA 001).
* * * * *

PART 40--PROCEDURES FOR TRANSPORTATION WORKPLACE DRUG AND ALCOHOL 
TESTING PROGRAMS


Sec.  40.213  [Amended]

0
6. In Sec.  40.213(a), remove the words, ``400 7th Street, SW., Room 
10403'' and add, in their place, the words ``1200 New Jersey Avenue, 
SE.''.

    Issued under authority delegated in 49 CFR 1.57(j) at 
Washington, DC, on January 19, 2010.
Robert S. Rivkin,
General Counsel, Department of Transportation.
[FR Doc. 2010-1657 Filed 2-1-10; 8:45 am]
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