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Removal of References to the Transportation Security Administration and the United States Coast Guard
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 10, 2003 (Volume 68, Number 111)]
[Rules and Regulations]
[Page 34548-34550]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn03-16]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[Docket No. OST-1999-6189]
RIN 9991-AA34
Removal of References to the Transportation Security
Administration and the United States Coast Guard
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: The Office of the Secretary of Transportation (OST) is
updating the regulatory language to reflect the departures of the
Transportation Security Administration and the United States Coast
Guard to the new Department of Homeland Security, and to change the
name of the Urban Mass Transportation Administration (UMTA) to the
Federal Transit Administration (FTA).
EFFECTIVE DATE: June 10, 2003.
FOR FURTHER INFORMATION CONTACT: Jennifer S. Thibodeau, Office of the
Assistant General Counsel for Regulation and Enforcement, U.S.
Department of Transportation, 400 Seventh St., SW., Room 10424,
Washington, DC 20590, (202) 366-4723.
SUPPLEMENTARY INFORMATION: This final rule deletes references to the
Transportation Security Administration (TSA) and the United States
Coast Guard (USCG) in 49 CFR part 1 that concern delegations,
organization, and duties within the Department of Transportation. It
also deletes responsibilities and duties to TSA and USCG. These two
agencies transferred with other agencies to form the new Department of
Homeland Security, and are no longer part of the Department of
Transportation. Additionally, this rule is changing the name of the
Urban Mass Transit Administration (UMTA) to the Federal Transit
Administration (FTA) to properly reflect the agency's name.
This final rule does not impose substantive requirements. It simply
updates the CFR to reflect the departures of TSA and USCG from the
Department of Transportation. The final rule is technical in nature and
relates only to Departmental management, organization, procedure, and
practice. Therefore, the Department has determined that notice and
comment are unnecessary and that the rule is exempt from prior notice
and comment requirements under 5 U.S.C. 553(b)(3)(A). These changes
will not have substantive impact. The Department does not expect to
receive substantive comments on the rule. Therefore, the Department
finds that there is good cause under 5 U.S.C. 553 (d)(3) to make this
rule effective less than 30 days after 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 the Regulatory Policies and Procedures
of the Department of Transportation (44 FR 11034). There are no costs
associated with this rule.
[[Page 34549]]
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 adopt any regulation that: (1) Has substantial
direct effects on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government; (2) imposes
substantial direct compliance costs on State and local governments; or
(3) preempts State law. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
C. Executive Order 13084
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084 (``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
13084 do not apply.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. This
statute is not applicable because there was no issuance of a notice of
proposed rulemaking (NPRM); however, I hereby certify this final rule,
which amends the CFR to reflect the departure of TSA and USCG from the
Department of Transportation to the new Department of Homeland
Security, 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 of 1995
The Department has determined that the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply to this
rulemaking.
G. Environmental Impact
Because this rule concerns the updating of CFR provisions to
reflect the departure of TSA and USCG from the Department of
Transportation, this final rule is not a major OST action requiring the
preparation of an environmental impact statement or environmental
assessment.
List of Subjects in 49 CFR Part 1
Authority delegations, Organization and functions.
? For the reasons set out in the preamble, the Department of
Transportation amends 49 CFR part 1 as follows:
PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES
? 1. Revise the authority citation for part 1 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.
? 2. In Sec. 1.2 remove paragraphs (a) and (l), redesignate existing
paragraphs (b) through (k) as (a) through (j), and revise new paragraph
(e) to read as follows:
Sec. 1.2 Definitions.
* * * * *
(e) The Federal Transit Administrator.
* * * * *
? 3. In Sec. 1.3 remove paragraphs (b)(1) and (b)(12), redesignate
existing paragraphs (b)(2) through (11) as (b)(1) through (10), and
revise new paragraph (b)(5) to read as follows:
Sec. 1.3 Organization of the Department.
* * * * *
(b) * * *
(5) The Federal Transit Administration, headed by the
Administrator.
* * * * *
? 4. In Sec. 1.4 remove paragraphs (b) and (n), redesignate existing
paragraphs (c) through (m) as (b) through (l), and revise new paragraph
(f) introductory text to read as follows:
Sec. 1.4 General responsibilities.
* * * * *
(f) The Federal Transit Administration. Is responsible for:
* * * * *
? 5. In Sec. 1.22 revise paragraph (d) to read as follows:
Sec. 1.22 Structure.
* * * * *
(d) Office of the General Counsel. This Office is composed of the
Offices of Environmental, Civil Rights, and General Law; International
Law; Litigation; Legislation; Regulation and Enforcement; and Aviation
Enforcement and Proceedings.
* * * * *
? 6. Amend Sec. 1.23 by revising paragraph (c) to read as follows:
Sec. 1.23 Spheres of primary responsibility.
* * * * *
(c) General Counsel. Legal services as the chief legal officer of
the Department, legal advisor to the Secretary and the Office of the
Secretary; final authority within the Department on questions of law;
professional supervision, including coordination and review, over the
legal work of the legal offices of the Department; drafting of
legislation and review of legal aspects of legislative matters; point
of coordination for the Office of the Secretary and Department
Regulations Council; advice on questions of international law; advice
and assistance with respect to uniform time matters; ensures uniform
departmental implementation of the Freedom of Information Act (5 U.S.C.
552); responds to requests for records of the Office of the Secretary
including the Office of the Inspector General, under that statute;
review and final action on applications for reconsideration of initial
decisions not to disclose unclassified records of the Office of the
Secretary requested under 5 U.S.C. 552(a)(3); promotion and
coordination of efficient use of Department legal resources;
recommendation, in conjunction with the Assistant Secretary for
Administration, of legal career development programs within the
Department.
? 6a. Amend Sec. 1.44 by revising paragraph (e)(8) to read as follows,
remove paragraph (m), and redesignate existing paragraphs (n) through
(r) as (m) through (q):
Sec. 1.44 Reservation of authority.
* * * * *
(e) * * *
(8) Authority to develop, coordinate, and issue wage schedules
under the Federal Wage system.
* * * * *
? 7. In Sec. 1.45, remove paragraph (c)(1)(i), redesignate existing
paragraphs (c)(1)(ii) through (ix) as (c)(1)(i) through (viii), and
revise new paragraph (c)(1)(iv) to read as follows;
Sec. 1.45 Delegations to all Administrators.
* * * * *
(c) * * *
(1) * * *
(iv) Federal Transit Administration;
* * * * *
? 7a. Remove and reserve Sec. 1.46.
? 8. In Sec. 1.48 revise paragraph (c)(19)(i) to read as follows:
[[Page 34550]]
Sec. 1.48 Delegations to Federal Highway Administrator.
* * * * *
(c) * * *
(19) * * *
(i) Except sections 165 and 531 as they relate to matters within
the primary responsibility of the Federal Transit Administrator;
105(f), 413; 414(b)(1) and (2); 421, 426, and title III; and
* * * * *
? 9. In Sec. 1.51 revise the title and introductory text to read as
follows:
Sec. 1.51 Delegations to Federal Transit Administrator.
The Federal Transit Administrator is delegated authority to
exercise the functions vested in the Secretary by:
* * * * *
? 10. In Sec. 1.57 remove paragraphs (e) and (f) and redesignate
existing paragraphs (g) through (s) as (e) through (q).
? 10a. Amend Sec. 1.59 by revising paragraph (b)(8) to read as follows:
Sec. 1.59 Delegations to the Assistant Secretary for Administration.
* * * * *
(b) * * *
(8) Develop, coordinate, and issue wage schedules for Department
employees under the Federal Wage System.
* * * * *
? 11. In Sec. 1.65 remove paragraph (b)(2) and redesignate existing
paragraphs (b)(3) and (4) as (b)(2) and (3); and remove paragrpah
(c)(2) and redesignate existing paragraphs (c)(3) and (4) as (c)(2) and
(3).
? 12. In Sec. 1.66 revise paragraph (aa)(1) to read as follows, remove
paragraphs (bb) and (cc) and redesignate existing paragraphs (dd)
through (ff) as (bb) through (dd).
Sec. 1.66 Delegations to Maritime Administrator.
* * * * *
(aa) * * *
(1) The authority to process applications for the issuance,
transfer, or amendment of a license for the construction and operation
of a deepwater port (33 U.S.C. 1503(bb)).
* * * * *
? 13. In Sec. 1.70 remove paragraph (k) and redesignate paragraphs (l)
through (v) as (k) through (u).
? 14. In Appendix A to Part 1 remove ``2. Chief Counsel, U.S. Coast
Guard.'', redesignate ``3. Chief Counsels'' as 2., and amend the third
paragraph of newly designated 2. (b) to read as follows:
Appendix A to Part 1--Delegations and Redelegations by Secretarial
Officers
* * * * *
2. Chief Counsels. The General Counsel has delegated to the
Chief Counsels the authority delegated to the General Counsel by
authority delegated to the General Counsel by Amendment 1-41 to part
1 of title 49, Code of Federal Regulations, 35 FR 17653, November
17, 1970, as follows:
* * * * *
The Chief Counsels of the Federal Aviation Administration,
Federal Highway Administration, Federal Railroad Administration,
National Highway Traffic Safety Administration, Federal Transit
Administration, the St. Lawrence Seaway Development Corporation,
Maritime Administration, and Research and Special Programs
Administration are hereby authorized to approve the sufficiency of
the title to land being acquired by purchase of condemnation by the
United States for the use of their respective organizations. This
delegation is subject to the limitations imposed by the Assistant
Attorney General, Land and Natural Resources Division, in his
delegation to the Department of Transportation. Redelegation of this
authority may only be made by the Chief Counsels to attorneys within
their respective organizations.
* * * * *
Issued in Washington, DC on this 28th day of May, 2003.
Norman Mineta,
Secretary of Transportation.
[FR Doc. 03-14438 Filed 6-9-03; 8:45 am]
BILLING CODE 4910-62-M