[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Rules and Regulations]
[Pages 15221-15222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6519]


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DEPARTMENT OF TRANSPORTATION

49 CFR Part 1

[Docket No. DOT-OST-1999-6189]
RIN 9991-AA56


Organization and Delegation of Powers and Duties; Assistant 
Secretary for Administration

AGENCY: Office of the Secretary of Transportation.

ACTION: Final rule.

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SUMMARY: This rule delegates 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 Assistant 
Secretary for Administration.

DATES: This rule is effective March 21, 2011.

FOR FURTHER INFORMATION CONTACT: Eugene Tumblin in the Office of 
Facilities, Information, and Asset Management at (202) 366-0266 or 
Brett Jortland in the Office of the General Counsel at (202) 366-9314.

SUPPLEMENTARY INFORMATION: On December 19, 2007, the Act was signed 
into law. Title 49 of the Code of Federal Regulations (CFR) 1.59 
delegates to the Assistant Secretary for Administration 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 DOT fleet management activities should be delegated to the 
Assistant Secretary for Administration. This rulemaking adds 
subparagraph (a)(7) to Sec.  1.59 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

[[Page 15222]]

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

    No notice of proposed rulemaking is required for this rule under 
the Administrative Procedure Act, 5 U.S.C. 553, so the provisions of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. 
This rule will impose no 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).

    For the reasons set forth in the preamble, the Office of the 
Secretary of Transportation amends 49 CFR part 1 as follows:

PART 1--[AMENDED]

0
1. The authority citation for part 1 continues 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. In Sec.  1.59, add paragraph (a)(7) to read as follows:


Sec.  1.50  Delegations to the Assistant Secretary for Administration.

* * * * *
    (a) * * *
    (7) Carry out the duties and responsibilities of the agency head 
for departmental fleet management, acquisition and replacement of 
vehicles pursuant to the Energy Independence and Security Act of 2007.
* * * * *

    Dated: February 28, 2011.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2011-6519 Filed 3-18-11; 8:45 am]
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