[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Rules and Regulations]
[Pages 48334-48336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19087]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 95

[Docket No. DOT-OST-2013-0015]
RIN 2105-AE22


Advisory Committees (RRR)

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

ACTION: Final rule.

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SUMMARY: This final rule removes DOT's advisory committee regulations. 
The DOT is removing the regulations because they have been made 
obsolete by other laws, regulations, and agency procedures.

[[Page 48335]]


DATES: This rule is effective August 8, 2013.

FOR FURTHER INFORMATION CONTACT: Jill Laptosky, Attorney-Advisor, 
Office of General Counsel, 1200 New Jersey Avenue SE., Washington, DC 
20590. She may also be reached by telephone at 202-493-0308 or by email 
at [email protected].

SUPPLEMENTARY INFORMATION: On January 12, 1968, the Department 
published a final rule to provide uniform regulations at 49 CFR part 
95, relating to the formation and use of advisory committees. See 33 FR 
466. Among its major provisions, part 95 set forth regulations 
governing the use of advisory committees, industry advisory committees, 
committee meetings, and conflicts of interest. This rule was published 
pursuant to Executive Order 11007, dated February 26, 1962, which 
prescribed general rules for the formation and use of advisory 
committees by departments and agencies of the Government, and 
authorized Department heads to prescribe additional regulations 
consistent with the order. Part 95 was amended 4 months after its 
issuance to allow the Secretary of Transportation, or his or her 
designee, to waive the requirements relating to the chairmanship of 
industry committees under certain circumstances.\1\
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    \1\ 33 FR 6913 (May 8, 1968) (amending 49 CFR 95.11 to provide 
authority for the Secretary of Transportation or his or her designee 
to waive the requirements of Sec.  95.11(b) relating to the 
chairmanship of industry advisory committees whenever compliance 
with those requirements would interfere with the proper functioning 
of the committee or would be impracticable, adequate provisions are 
made to otherwise ensure Government control of the committee's 
operation, the waiver would be in the public interest, and the 
meetings of the committee would be conducted in the presence of a 
full-time salaried officer or employee of the Government).
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    Since the issuance of part 95, the universe surrounding advisory 
committees has changed in several notable ways. Executive Order 11007 
has been superseded.\2\ Congress passed the Federal Advisory Committee 
Act of 1972 (FACA) (Pub. L. 92-463; 5 U.S.C. App. 2). The FACA 
formalizes a process for the establishment, operation, oversight, and 
termination of Federal advisory committees. To further transparency in 
Government, Congress passed the Government in the Sunshine Act of 
1976.\3\ The Act applies to Federal advisory committees \4\ and 
specifies situations when Federal agencies can close Federal advisory 
committee meetings to the public.\5\ Additionally, DOT issued a 
departmental order that sets forth internal policies and procedures 
relating to committee management.\6\ Subsequently, Executive Order 
12024 delegated to the Administrator of the General Services 
Administration (GSA) all of the functions vested in the President by 
FACA.\7\ The GSA has issued regulations relating to Federal advisory 
committees, which were most recently amended in 2001.\8\
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    \2\ See Exec. Order No. 11,769 (1974); Exec. Order No. 11,686 
(1972); Exec. Order No. 11,671 (1972).
    \3\ 5 U.S.C. 552b.
    \4\ 5 U.S.C. 552b(a).
    \5\ 5 U.S.C. 552b(c).
    \6\ DOT Order 1120.3B (Sept. 23, 1993).
    \7\ Exec. Order No. 12,024 (Dec. 1, 1977). The Reorganization 
Plan of 1977 transferred advisory committee functions from OMB to 
GSA.
    \8\ 66 FR 37728 (July 19, 2001) (amending GSA's Federal advisory 
committee regulations at 41 CFR parts 101-6 and 102-3).
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    Notwithstanding these changes, our departmental regulations 
governing advisory committees have substantively remained unchanged 
since their early amendment in 1968.\9\ As a result, these regulations 
are now obsolete, unnecessary, duplicative, or inconsistent with FACA's 
progeny. We are removing part 95 because the current body of law (e.g., 
FACA, GSA regulations, DOT Order 1120.3B) governing the use and 
management of Federal advisory committees are sufficient. Revising part 
95 would only result in unnecessary duplication that would simply 
reiterate the provisions found in other law.
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    \9\ Part 95 was updated twice after 1968. See 35 FR 5331 (March 
31, 1970) (adding the Urban Mass Transportation Administration 
(UMTA) and National Highway Safety Board (NHSB); 36 FR 431 (January 
13, 1971) (updating part 95 to reflect the abolishment of NHSB and 
the establishment of the National Highway Traffic Safety 
Administration). However, part 95 has not since been updated to 
replace UMTA with the Federal Transit Administration and Federal 
Motor Carrier Safety Administration. In addition, part 95 has also 
not been updated to show that the U.S. Coast Guard is no longer 
housed in DOT or to add the Maritime Administration, Pipeline and 
Hazardous Materials Safety Administration, and Research and 
Innovative Technology Administration.
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    Under the Administrative Procedure Act, an agency may waive the 
normal notice and comment procedures if the action is a rule of agency 
organization, procedure, or practice. See 5 U.S.C. 553(b)(3)(A). Since 
part 95 contains obsolete departmental procedures relating to advisory 
committees, notice and comment is not necessary. For the same reason, 
the rule can become effective immediately. See 5 U.S.C. 553(d)(1).

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review), Executive Order 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    The DOT has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866, and 
within the meaning of DOT's regulatory policies and procedures. Since 
this rulemaking removes obsolete regulations relating to departmental 
procedure and practice, the DOT anticipates that this rulemaking will 
have no economic impact.
    Additionally, this action fulfills the principles of Executive 
Order 13563, specifically those relating to retrospective analyses of 
existing rules. This rule is being issued as a result of the reviews of 
existing regulations that DOT periodically conducts. The DOT is 
streamlining its regulations by removing a rule that is outmoded and 
ineffective.

Regulatory Flexibility Act

    Since notice and comment rulemaking is not necessary for this rule, 
the provisions of the Regulatory Flexibility Act (Pub. L. 96-354, 5 
U.S.C. 601-612) do not apply. However, DOT has evaluated the effects of 
this action on small entities and has determined that the action would 
not have a significant economic impact on a substantial number of small 
entities because it has no substantive impact on any entities.

Unfunded Mandates Reform Act of 1995

    This final rule would not impose unfunded mandates as defined by 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48, 
March 22, 1995) as it will not result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $148.1 million or more in any 1 year (2 U.S.C. 1532).

Executive Order 13132 (Federalism Assessment)

    Executive Order 13132 requires agencies to ensure meaningful and 
timely input by State and local officials in the development of 
regulatory policies that may have a substantial, direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. This action has been analyzed in 
accordance with the principles and criteria contained in Executive 
Order 13132, dated August 4,

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1999, and the DOT has determined that this action would not have a 
substantial direct effect or federalism implications on the States and 
would not preempt any State law or regulation or affect the States' 
ability to discharge traditional State governmental functions. 
Therefore, consultation with the States is not necessary.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget for each collection of information they conduct, 
sponsor, or require through regulations. The DOT has analyzed this 
final rule under the PRA and has determined that this rule does not 
contain collection of information requirements for the purposes of the 
PRA.

National Environmental Policy Act

    The DOT has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), 
and has determined that this action would not have any effect on the 
quality of the environment.

Executive Order 13175 (Tribal Consultation)

    The DOT has analyzed this action under Executive Order 13175 and 
believes that the action would not have substantial direct effects on 
one or more Indian tribes; would not impose substantial direct 
compliance costs on Indian tribal governments; and would not preempt 
tribal laws. Therefore, a tribal summary impact statement is not 
required.

Executive Order 13211 (Energy Effects)

    The DOT has analyzed this action under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The DOT has determined that this is not a 
significant energy action under that order since it is not a 
significant regulatory action under Executive Order 12866 and is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Therefore, a Statement of Energy 
Effects is not required.

List of Subjects in 49 CFR Part 95

    Advisory committees.

    Issued on: July 25, 2013.
Anthony R. Foxx,
Secretary.
    For the reasons stated in the preamble and under the authority of 
49 U.S.C. 322, the Office of the Secretary amends 49 CFR by removing 
and reserving part 95.

PART 95--[REMOVED AND RESERVED]

[FR Doc. 2013-19087 Filed 8-7-13; 8:45 am]
BILLING CODE 4910-9X-P