Sensitive Security Information, 2819-2820 [05-866]
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Federal Register / Vol. 70, No. 11 / Tuesday, January 18, 2005 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Robert I. Ross, Office of the General
Counsel, U.S. Department of
Transportation, 400 7th Street SW.,
Room 10102, Washington, DC 20590.
Voice: (202) 366–9156. Fax: (202)366–
9170. E-mail: bob.ross@ost.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
For many years, DOT’s Federal
Aviation Administration (FAA) had
statutory authority to prevent disclosure
of information related to aviation
security, termed ‘‘Sensitive Security
Information (SSI).’’ In the leading case
of Public Citizen v. Federal Aviation
Administration, 300 U.S. App. DC 238;
988 F.2d 186 (DC Cir. 1993), the court
set forth three aspects of this authority:
1. The statute under which FAA
restricted disclosure of this
information—49 U.S.C. App. 1357(d) (2)
(1993)—qualified under Exemption 3 of
the Freedom of Information Act (FOIA)
as a ‘‘statute (A) [that] requires that the
matters be withheld from the public in
such a way as to leave no discretion on
the issue, or (B) establishes particular
criteria for withholding or refers to
particular types of matters to be
withheld.’’ (5 U.S.C. 552(b) (3)). Hence,
SSI may be withheld from public
disclosure under FOIA.
2. The information may be withheld
from the public rulemaking record in an
informal rulemaking under 5 U.S.C. 553.
3. The information may be withheld
from discovery in civil litigation.
In response to the attacks upon the
United States on September 11, 2001,
Congress enacted the Aviation and
Transportation Security Act (Public Law
107–71, 115 Stat. 597 (2001)), which
created in DOT a new Transportation
Security Administration (TSA). 49
U.S.C. 114. That statute also transferred
from the FAA to the TSA the authority
to denominate information as SSI and
expanded the scope of that authority to
all modes of transportation. 49 U.S.C.
114(s). When Congress created the
Department of Homeland Security
(DHS) in the Homeland Security Act of
2002, (Public Law 107–295, 116 Stat.
2064 (2002)), it transferred TSA from
DOT to DHS, continued its SSI
authority, and gave similar authority to
DOT, again as to all modes of
transportation. See 49 U.S.C. 40119(b).
Both 49 U.S.C. 114(s) and 49 U.S.C.
40119(b) require, as did 49 U.S.C. App.
1357(d) (2), that the agency
administering SSI authority promulgate
regulations specifying the types of
information qualifying for SSI
treatment. FAA’s regulations appeared
at 14 CFR part 191; DOT’s appear at 49
CFR part 15, Protection of Sensitive
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10:35 Jan 14, 2005
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Security Information; TSA’s appear at
49 CFR part 1520, Protection of
Sensitive Security Information.
Part 15 sets forth categories of
information that qualify as SSI and
authorizes the Secretary of
Transportation to determine that
specific items of information come
within any of those categories. The
purpose of this document is to delegate
to all DOT Administrators this authority
of the Secretary as to matters within
their purview, with authority to
redelegate within their own
organizations; and to delegate this
authority to the General Counsel and the
Director of Intelligence and Security for
all matters in DOT.
This rule is being published as a final
rule and made effective on the date
signed by the Secretary. As the rule
relates to Departmental management,
procedures, and practices, notice and
comment on it are unnecessary under 5
U.S.C. 553(b)(3)(A). In addition, since
this rule relates to internal procedures,
there is good cause to make it effective
in less than 30 days pursuant to 5 U.S.C.
553(d).
Regulatory Analyses and Notices
The Office of the Secretary of
Transportation (OST) has determined
that this action is not a significant
regulatory action under Executive Order
12866 or under the Department’s
Regulatory Policies and Procedures.
There are no costs associated with this
rule. Because this rule will only apply
to internal DOT operations, OST
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities.
OST also has determined that there are
not sufficient federalism implications to
warrant preparation of a federalism
statement.
Paperwork Reduction Act
This rule contains no information
collection requirements under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Unfunded Mandates Reform Act of
1995
PART 1—ORGANIZATION AND
DELEGATION OF POWERS AND
DUTIES
1. The authority citation for part 1
continues to read as follows:
I
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.
2. In § 1.45, add a new paragraph
(a)(19) to read as follows:
I
§ 1.45
Delegations to all Administrators.
(a) * * *
(19) Carry out the functions vested in
the Secretary by 49 U.S.C. 40119(b), as
implemented by 49 CFR part 15, relating
to the determination that information is
Sensitive Security Information within
their respective organizations.
*
*
*
*
*
I 3. In § 1.57, add and reserve
paragraphs (r) and (s) and add a new
paragraph (t) to read as follows:
§ 1.57
Delegations to General Counsel.
*
*
*
*
*
(t) Carry out the functions vested in
the Secretary by 49 U.S.C. 40119(b), as
implemented by 49 CFR part 15, relating
to the determination that information is
Sensitive Security Information.
I 4. In § 1.69, add a new paragraph (c) to
read as follows:
§ 1.69 Delegations to the Director of
Intelligence and Security.
*
*
*
*
*
(c) Carry out the functions vested in
the Secretary by 49 U.S.C. 40119(b), as
implemented by 49 CFR part 15, relating
to the determination that information is
Sensitive Security Information.
Issued in Washington, DC, on this 5th day
of January 2005.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 05–866 Filed 1–14–05; 8:45 am]
BILLING CODE 4910–62–P
OST 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, Organizations
and functions.
For the reasons set forth in the
preamble, the Office of the Secretary
amends 49 CFR part 1 as follows:
I
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2819
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Federal Register / Vol. 70, No. 11 / Tuesday, January 18, 2005 / Rules and Regulations
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Oceanic and Atmospheric
Administration
[Docket No 041110317–4364–02; I.D.
110404B]
50 CFR Part 648
[Docket No. 040112010–4114–02;
I.D.011105I]
RIN 0648–AR51
50 CFR Part 648
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2005 and
2006 Summer Flounder Specifications;
2005 Scup and Black Sea Bass
Specifications; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
ACTION:
Final rule; correction.
SUMMARY: NMFS published in the
Federal Register of January 4, 2005, a
final rule containing final specifications
for the 2005 and 2006 summer flounder
fisheries and for the 2005 scup and
black sea bass fisheries. Inadvertently,
Table 4 of the final rule contained an
incorrect Winter I period scup
possession limit. This document
corrects that error.
DATES:
Effective January 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, Fishery Policy
Analyst, (978) 281–9279, fax (978) 281–
9135.
The final
rule, including final quota specifications
for the summer flounder, scup, and
black sea bass fisheries, was published
in the Federal Register on January 4,
2005 (70 FR 303). Table 4 incorrectly
listed the Winter I period scup
possession limit (per trip) as 15,000 lb
(6,804 kg); the correct amount is 30,000
lb (13,608 kg). The entries at the 2nd
row, 11th and 12th columns of Table 4
are corrected to read 30,000 lb and
13,608 kg, respectively.
SUPPLEMENTARY INFORMATION:
Dated: January 12, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries , National Marine Fisheries Service.
[FR Doc. 05–929 Filed 1–14–05; 8:45 am]
BILLING CODE 3510–22–S
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Northeast (NE) Multispecies Fishery;
Re-opening of the Eastern U.S./Canada
Area; and Removal of Daily Poundage
Limits for Yellowtail Flounder in the
U.S./Canada Management Area, and
Cod in the Eastern U.S./Canada Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Re-opening and removal of daily
poundage limits.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast Region, NMFS
(Regional Administrator), is re-opening
the Eastern U.S./Canada Area to all
limited access NE multispecies days-atsea (DAS) vessels and is removing the
prohibition on all NE multispecies
limited access vessels from harvesting,
possessing, or landing Georges Bank
(GB) yellowtail flounder from within the
entire U.S./Canada Management Area.
This action also removes the yellowtail
flounder and cod daily poundage limits
for the entire U.S./Canada Management
Area and Eastern U.S./Canada Area,
respectively, but retains the 15,000 lb
(6,804 kg) trip limit for GB yellowtail
flounder and a 5,000 lb (2,268 kg) trip
limit for GB cod, consistent with
ensuring that the Total Allowable
Catches (TACs) for these species will
not be exceeded by the end of the 2004
fishing year.
DATES: Effective 0001 hr local time,
January 14, 2005, through 2400 hr local
time April 30, 2005.
FOR FURTHER INFORMATION CONTACT:
Karen Tasker, Fishery Management
Specialist, (978) 281–9273, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the yellowtail
flounder and cod landing limits within
the U.S./Canada Management Area are
found at 50 CFR 648.85(a)(3)(iv). The
regulations authorize vessels issued a
valid limited access NE multispecies
permit and fishing under a NE
multispecies DAS to fish in the U.S./
Canada Management Area under
specific conditions. The TAC allocation
for GB yellowtail flounder for the 2004
fishing year was specified at 6,000 mt in
the final rule implementing Amendment
13 to the NE Multispecies Fishery
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Management Plan (FMP). Once 30
percent and/or 60 percent of the
yellowtail flounder TAC allocations
specified for the U.S./Canada
Management Area are projected to have
been harvested, the regulations at
§ 648.85(a)(3)(iv)(D) authorize the
Regional Administrator to close access
to the Eastern U.S./Canada Area to all
limited access NE multispecies DAS
vessels and prohibit all NE multispecies
limited access vessels from harvesting,
possessing, or landing GB yellowtail
flounder from the entire U.S./Canada
Management Area to prevent
overharvesting or underharvesting the
yellowtail flounder TAC allocation.
Based upon Vessel Monitoring System
(VMS) reports and other available
information, the Regional Administrator
determined that 85 percent of the GB
yellowtail flounder TAC had been
harvested by October 1, 2004 (69 FR
59815, October 6, 2004). NMFS closed
the Eastern U.S./Canada Area, effective
October 1, 2004, to all NE multispecies
DAS vessels and prohibited all NE
multispecies vessels from harvesting,
possessing, or landing GB yellowtail
flounder from the U.S./Canada
Management Area, because of concerns
that the yellowtail flounder TAC would
be fully harvested or overharvested
prior to the end of the fishing year. Full
harvest or overharvest of the TAC was
anticipated due to the amount of
yellowtail flounder harvested by vessels
targeting yellowtail flounder in the U.S./
Canada Management Area, and because
of concerns regarding expected
yellowtail flounder bycatch by vessels
targeting groundfish other than
yellowtail flounder within the U.S./
Canada Management Area. Additional
concern was raised by the potential
impact that may be caused by scallop
vessels fishing in Closed Area II under
the Sea Scallop Access Program
implemented under Frameworks 16/39
to the Atlantic Sea Scallop/NE
Multispecies FMPs. Because of these
potential sources of yellowtail flounder
harvest, this action was necessary to
ensure that the GB yellowtail flounder
TAC would not be exceeded during the
2004 fishing year.
At this time, data indicate that the
amount of GB yellowtail flounder
harvested under the Sea Scallop Access
Program and the amount of GB
yellowtail flounder bycatch caught by
vessels targeting groundfish other than
yellowtail flounder within the U.S./
Canada Management Area will likely
not result in the overharvest of the TAC.
Therefore, under the authority of
§ 648.85(a)(3)(iv)(D), NMFS is reopening the U.S./Canada Management
Area to NE multispecies DAS vessels,
E:\FR\FM\18JAR1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 11 (Tuesday, January 18, 2005)]
[Rules and Regulations]
[Pages 2819-2820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-866]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[Docket No. OST-1999-6189]
RIN 9991-AA43
Sensitive Security Information
AGENCY: Office of the Secretary, Transportation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of the Secretary of Transportation (OST) is
amending its regulations to reflect a change in Secretarial
delegations. The Secretary is delegating to the Administrators of all
Department of Transportation (DOT) agencies, the General Counsel, and
the Director of Intelligence and Security the Secretary's authority to
determine that information is Sensitive Security Information and
available only under prescribed circumstances.
EFFECTIVE DATE: January 5, 2005.
FOR FURTHER INFORMATION CONTACT: Robert I. Ross, Office of the General
Counsel, U.S. Department of Transportation, 400 7th Street SW., Room
10102, Washington, DC 20590. Voice: (202) 366-9156. Fax: (202)366-9170.
E-mail: bob.ross@ost.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
For many years, DOT's Federal Aviation Administration (FAA) had
statutory authority to prevent disclosure of information related to
aviation security, termed ``Sensitive Security Information (SSI).'' In
the leading case of Public Citizen v. Federal Aviation Administration,
300 U.S. App. DC 238; 988 F.2d 186 (DC Cir. 1993), the court set forth
three aspects of this authority:
1. The statute under which FAA restricted disclosure of this
information--49 U.S.C. App. 1357(d) (2) (1993)--qualified under
Exemption 3 of the Freedom of Information Act (FOIA) as a ``statute (A)
[that] requires that the matters be withheld from the public in such a
way as to leave no discretion on the issue, or (B) establishes
particular criteria for withholding or refers to particular types of
matters to be withheld.'' (5 U.S.C. 552(b) (3)). Hence, SSI may be
withheld from public disclosure under FOIA.
2. The information may be withheld from the public rulemaking
record in an informal rulemaking under 5 U.S.C. 553.
3. The information may be withheld from discovery in civil
litigation.
In response to the attacks upon the United States on September 11,
2001, Congress enacted the Aviation and Transportation Security Act
(Public Law 107-71, 115 Stat. 597 (2001)), which created in DOT a new
Transportation Security Administration (TSA). 49 U.S.C. 114. That
statute also transferred from the FAA to the TSA the authority to
denominate information as SSI and expanded the scope of that authority
to all modes of transportation. 49 U.S.C. 114(s). When Congress created
the Department of Homeland Security (DHS) in the Homeland Security Act
of 2002, (Public Law 107-295, 116 Stat. 2064 (2002)), it transferred
TSA from DOT to DHS, continued its SSI authority, and gave similar
authority to DOT, again as to all modes of transportation. See 49
U.S.C. 40119(b).
Both 49 U.S.C. 114(s) and 49 U.S.C. 40119(b) require, as did 49
U.S.C. App. 1357(d) (2), that the agency administering SSI authority
promulgate regulations specifying the types of information qualifying
for SSI treatment. FAA's regulations appeared at 14 CFR part 191; DOT's
appear at 49 CFR part 15, Protection of Sensitive Security Information;
TSA's appear at 49 CFR part 1520, Protection of Sensitive Security
Information.
Part 15 sets forth categories of information that qualify as SSI
and authorizes the Secretary of Transportation to determine that
specific items of information come within any of those categories. The
purpose of this document is to delegate to all DOT Administrators this
authority of the Secretary as to matters within their purview, with
authority to redelegate within their own organizations; and to delegate
this authority to the General Counsel and the Director of Intelligence
and Security for all matters in DOT.
This rule is being published as a final rule and made effective on
the date signed by the Secretary. As the rule relates to Departmental
management, procedures, and practices, notice and comment on it are
unnecessary under 5 U.S.C. 553(b)(3)(A). In addition, since this rule
relates to internal procedures, there is good cause to make it
effective in less than 30 days pursuant to 5 U.S.C. 553(d).
Regulatory Analyses and Notices
The Office of the Secretary of Transportation (OST) has determined
that this action is not a significant regulatory action under Executive
Order 12866 or under the Department's Regulatory Policies and
Procedures. There are no costs associated with this rule. Because this
rule will only apply to internal DOT operations, OST certifies that
this rule will not have a significant economic impact on a substantial
number of small entities. OST also has determined that there are not
sufficient federalism implications to warrant preparation of a
federalism statement.
Paperwork Reduction Act
This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Unfunded Mandates Reform Act of 1995
OST 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, Organizations and functions.
0
For the reasons set forth in the preamble, the Office of the Secretary
amends 49 CFR part 1 as follows:
PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES
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.
0
2. In Sec. 1.45, add a new paragraph (a)(19) to read as follows:
Sec. 1.45 Delegations to all Administrators.
(a) * * *
(19) Carry out the functions vested in the Secretary by 49 U.S.C.
40119(b), as implemented by 49 CFR part 15, relating to the
determination that information is Sensitive Security Information within
their respective organizations.
* * * * *
0
3. In Sec. 1.57, add and reserve paragraphs (r) and (s) and add a new
paragraph (t) to read as follows:
Sec. 1.57 Delegations to General Counsel.
* * * * *
(t) Carry out the functions vested in the Secretary by 49 U.S.C.
40119(b), as implemented by 49 CFR part 15, relating to the
determination that information is Sensitive Security Information.
0
4. In Sec. 1.69, add a new paragraph (c) to read as follows:
[[Page 2820]]
Sec. 1.69 Delegations to the Director of Intelligence and Security.
* * * * *
(c) Carry out the functions vested in the Secretary by 49 U.S.C.
40119(b), as implemented by 49 CFR part 15, relating to the
determination that information is Sensitive Security Information.
Issued in Washington, DC, on this 5th day of January 2005.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 05-866 Filed 1-14-05; 8:45 am]
BILLING CODE 4910-62-P
