Organization and Delegation of Powers and Duties; Office of Intelligence, Security, and Emergency Response, 7669-7670 [05-2803]
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Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Rules and Regulations
PART 502—RULES OF PRACTICE AND
PROCEDURE
Appendix D to Subpart C
2. The authority citation for Part 502
continues to read as follows:
Karen V. Gregory,
Assistant Secretary.
[FR Doc. 05–2918 Filed 2–14–05; 8:45 am]
I
Authority 5 U.S.C. 504, 551, 552, 556(c),
559, 561–569, 571–596; 5 U.S.C. 571–584; 12
U.S.C. 1141j(a); 18 U.S.C. 207; 26 U.S.C.
501(c)(3); 28 U.S.C. 2112(a); 31 U.S.C. 9701;
46 U.S.C. app. 817d, 817e, 1114(b), 1705,
1707–1711, 1713–1716; E.O. 11222 of May 8,
1965, 30 FR 6469, 3 CFR, 1964–1965 Comp.
P. 306; 21 U.S.C. 853a; Pub. L. 105–258, 112
Stat. 1902.
§ 502.271
[Amended]
[Amended]
4. Amend § 502.401, by removing the
words ‘‘Bureau of Consumer Complaints
and Licensing’’ and adding, in their
place, the words ‘‘Bureau of Certification
and Licensing.’’
I
PART 515—LICENSING, FINANCIAL
RESPONSIBILITY REQUIREMENTS,
AND GENERAL DUTIES FOR OCEAN
TRANSPORTATION INTERMEDIARIES
5. The authority citation for Part 515
continues to read as follows:
I
Authority: 5 U.S.C. 553; 31 U.S.C. 9701; 46
U.S.C. app. 1702, 1707, 1709, 1710, 1712,
1714, 1716, and 1718; Pub. L. 105–383, 112
Stat. 3411; 21 U.S.C. 862.
6. In 46 CFR Part 515 remove the words
‘‘Bureau of Consumer Complaints and
Licensing’’ and add, in their place, the
words ‘‘Bureau of Certification and
Licensing’’ in the following places:
I
§ 515.5
[Amended]
a. Section 515.5(a);
§ 515.12
[Amended]
b. Section 515.12(a);
§ 515.18
[Amended]
[Amended]
d. Section 515.22(e);
§ 515.25
[Amended]
e. Section 515.25(a);
§ 515.34
[Amended]
f. Section 515.34;
Appendix A to Subpart C
[Amended]
g. Appendix A to Subpart C;
Appendix B to Subpart C
[Amended]
h. Appendix B to Subpart C; and
VerDate jul<14>2003
DEPARTMENT OF TRANSPORTATION
49 CFR Part 1
[Docket No. OST–1999–6189]
Organization and Delegation of Powers
and Duties; Office of Intelligence,
Security, and Emergency Response
Office of the Secretary of
Transportation.
ACTION: Final rule.
AGENCY:
SUMMARY: The Secretary of
Transportation (Secretary) renames the
Office of Intelligence and Security as the
Office of Intelligence, Security, and
Emergency Response. The Secretary
rescinds the currently delegated
authority of the Administrator, Research
and Special Programs Administration,
to perform functions related to
emergency preparedness and response
vested in the Secretary and delegates the
authority to the Director of Intelligence,
Security, and Emergency Response in
the Office of the Secretary.
DATES: Effective Date: February 4, 2005.
FOR FURTHER INFORMATION CONTACT:
David K. Tochen, Deputy Assistant
General Counsel, Office of the Assistant
General Counsel for Environmental,
Civil Rights, and General Law,
Department of Transportation, 400
Seventh Street, SW., Room 10102,
Washington, DC 20590; Telephone:
(202) 366–9153.
SUPPLEMENTARY INFORMATION:
Availability of the Final Rule
c. Section 515.18(a);
§ 515.22
BILLING CODE 6730–01–P
RIN 1991–AA45
3. Amend § 502.271(f)(1), by removing
the words ‘‘Bureau of Consumer
Complaints and Licensing’’ and adding,
in their place, the words ‘‘Bureau of
Certification and Licensing.’’
I
§ 502.401
[Amended]
i. Appendix D to Subpart C.
14:53 Feb 14, 2005
Jkt 205001
An electronic copy of this document
may be downloaded by using a
computer, modem, and suitable
communications software from the
Government Printing Office’s Electronic
Bulletin Boards Service at (202) 512–
1661. Internet users may reach the
Office of the Federal Register’s home
page at: https://www.nara.gov/fedreg and
the Government Printing Office’s
database at: https://www.access.gpo.gov.
You can also view and download this
document by going to the Web page of
the Department’s Docket Management
System (https://dms.dot.gov). On that
Web page, click on ‘‘search.’’ On the
next page, type in the four-digit docket
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
7669
number shown on the first page of this
document. Then click on ‘‘search.’’
Background
Title 49 of the Code of Federal
Regulations (CFR), § 1.53(e), delegates to
the Administrator of the Research and
Special Programs Administration
(RSPA) the authority to carry out
functions and activities related to
emergency preparedness and response
vested in the Secretary by 49 U.S.C. 101
and 301 or delegated to the Secretary by
or through the Defense Production Act
of 1950, 50 U.S.C. App. 2061 et seq.;
Executive Order 12148, as amended;
Executive Order 12656, as amended;
Executive Order 12742, as amended;
Executive Order 12919, as amended;
Reorganization Plan No. 3 of 1978; and
such other statutes, executive orders,
and other directives as may pertain to
emergency preparedness and response.
The functions related to emergency
preparedness and response are currently
performed by the RSPA’s Office of
Emergency Transportation (OET),
subject to coordination with and
concurrence by the Director of
Intelligence and Security. The OET’s
mission is to serve as the Departmental
emergency coordinator. OET also
provides leadership for emergency
preparedness and response activities;
develops national preparedness and
response policies and procedures in
coordination with other Federal, state,
local, and private sector authorities;
operates the Department’s Crisis
Management Center (CMC); and
participates on behalf of the United
States in international emergency
preparedness and response planning
and related activities with the North
Atlantic Treaty Organization (NATO)
and other Allies.
The Transportation, Treasury,
Independent Agencies, and General
Government Appropriations Act, 2005,
transfers operational responsibility for
the OET and the CMC from RSPA to the
Office of the Secretary. This authority is
being delegated to the Office of
Intelligence and Security, which is now
being renamed to the Office of
Intelligence, Security, and Emergency
Response to reflect the inclusion of OET
and the CMC. Therefore, this final rule
rescinds the current delegation of
Secretarial authority to the
Administrator, RSPA, in 49 CFR 1.53(e)
to carry out the functions and activities
currently relating to emergency
transportation performed by the OET
and gives notice that these functions
and activities shall be carried out by the
Director of the Office of Intelligence,
Security, and Emergency Response.
E:\FR\FM\15FER1.SGM
15FER1
7670
Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Rules and Regulations
This rule is being published as a final
rule and made effective upon signature
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, the Secretary
finds that there is good cause to make
this rule effective upon publication
pursuant to 5 U.S.C. 553(d)(2), as a
change to internal policy.
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 the
Regulatory Policies and Procedures of
the Department of Transportation (44 FR
11034). There are no costs associated
with this rule.
B. Executive Order 13132
This action has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132, dated August 4, 1999. 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
and funding requirements 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. I
hereby certify this final rule, which
amends the CFR to reflect a
modification of authority from the
Secretary, 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).
VerDate jul<14>2003
14:53 Feb 14, 2005
Jkt 205001
F. Unfunded Mandates Reform Act
The Department 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).
I In consideration of the foregoing, Part
1 of Title 49, Code of Federal
Regulations, is amended as follows:
PART 1—[AMENDED]
1. The authority citation for Part 1 is
revised 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; Pub. L. 107–295, 116 Stat. 2064; Pub L.
107–296, 116 Stat. 2135; Pub. L. 108–447,
div. H, 118 Stat. 3199.
2. In § 1.23, revise paragraph (o) to read
as follows:
I
§ 1.23
Spheres of primary responsibility.
*
*
*
*
*
(o) Office of Intelligence, Security and
Emergency Response. Responsible for
intelligence and security matters within
the Department of Transportation that
affect the safety of the traveling public,
and for emergency preparedness and
response functions and activities within
the Department and operation of the
Department’s Crisis Management
Center.
*
*
*
*
*
I 3. In § 1.53, remove and reserve
paragraph (e).
I 4. Revise § 1.69 to read as follows:
§ 1.69 Delegations to the Director of
Intelligence, Security, and Emergency
Response.
The Director of Intelligence, Security,
and Emergency Response is delegated
authority for the following:
(a) Intelligence and Security. Carry
out the functions assigned to the
Secretary by the Aviation Security
Improvement Act of 1990, section 101
(Pub. L. 101–508; November 16, 1990)
relating to intelligence and security
matters in all modes of transportation.
(b) Emergency preparedness and
response. Carry out the functions related
to emergency preparedness vested in the
Secretary by 49 U.S.C. 101 and 301 or
delegated to the Secretary by or through
the Defense Production Act of 1950, 50
U.S.C. App. 2061 et seq.; Executive
Order 10480, as amended; Executive
Order 12148; Executive Order 12656;
Executive Order 12742; Executive Order
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
12919, as amended; Reorganization Plan
No. 3 or 1978; and such other statutes,
executive orders, and other directives as
may pertain to emergency preparedness.
Issued this 4th day of February 2005, at
Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 05–2803 Filed 2–14–05; 8:45 am]
BILLING CODE 4910–62–P
DEPARTMENT OF TRANSPORTATION
Research and Special Programs
Administration
49 CFR Part 173
[Docket No. RSPA–2005–20104 (Notice No.
05–02)]
Regulatory Flexibility Act Section 610
and Plain Language Reviews
Research and Special Programs
Administration (RSPA), DOT.
ACTION: Notice of regulatory review;
request for comments.
AGENCY:
SUMMARY: RSPA requests comments on
the economic impact of its regulations
on small entities. As required by the
Regulatory Flexibility Act and as
published in DOT’s Semi-Annual
Regulatory Agenda, we are analyzing
the rules applicable to general shipment
and packaging requirements for
shippers to identify requirements that
may have a significant economic impact
on a substantial number of small
entities. We also request comments on
ways to make these regulations easier to
read and understand.
DATES: Comments must be received by
May 16, 2005.
ADDRESSES: You may submit comments
identified by the docket number RSPA–
2005–20104 (Notice No. 05–02) by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Web Site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management System;
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: To the Docket
Management System; Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC between 9 am and 5 pm, Monday
through Friday, except Federal
Holidays.
E:\FR\FM\15FER1.SGM
15FER1
]]>Agencies
[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Rules and Regulations]
[Pages 7669-7670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2803]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
49 CFR Part 1
[Docket No. OST-1999-6189]
RIN 1991-AA45
Organization and Delegation of Powers and Duties; Office of
Intelligence, Security, and Emergency Response
AGENCY: Office of the Secretary of Transportation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Transportation (Secretary) renames the Office
of Intelligence and Security as the Office of Intelligence, Security,
and Emergency Response. The Secretary rescinds the currently delegated
authority of the Administrator, Research and Special Programs
Administration, to perform functions related to emergency preparedness
and response vested in the Secretary and delegates the authority to the
Director of Intelligence, Security, and Emergency Response in the
Office of the Secretary.
DATES: Effective Date: February 4, 2005.
FOR FURTHER INFORMATION CONTACT: David K. Tochen, Deputy Assistant
General Counsel, Office of the Assistant General Counsel for
Environmental, Civil Rights, and General Law, Department of
Transportation, 400 Seventh Street, SW., Room 10102, Washington, DC
20590; Telephone: (202) 366-9153.
SUPPLEMENTARY INFORMATION:
Availability of the Final Rule
An electronic copy of this document may be downloaded by using a
computer, modem, and suitable communications software from the
Government Printing Office's Electronic Bulletin Boards Service at
(202) 512-1661. Internet users may reach the Office of the Federal
Register's home page at: https://www.nara.gov/fedreg and the Government
Printing Office's database at: https://www.access.gpo.gov. You can also
view and download this document by going to the Web page of the
Department's Docket Management System (https://dms.dot.gov). On that Web
page, click on ``search.'' On the next page, type in the four-digit
docket number shown on the first page of this document. Then click on
``search.''
Background
Title 49 of the Code of Federal Regulations (CFR), Sec. 1.53(e),
delegates to the Administrator of the Research and Special Programs
Administration (RSPA) the authority to carry out functions and
activities related to emergency preparedness and response vested in the
Secretary by 49 U.S.C. 101 and 301 or delegated to the Secretary by or
through the Defense Production Act of 1950, 50 U.S.C. App. 2061 et
seq.; Executive Order 12148, as amended; Executive Order 12656, as
amended; Executive Order 12742, as amended; Executive Order 12919, as
amended; Reorganization Plan No. 3 of 1978; and such other statutes,
executive orders, and other directives as may pertain to emergency
preparedness and response.
The functions related to emergency preparedness and response are
currently performed by the RSPA's Office of Emergency Transportation
(OET), subject to coordination with and concurrence by the Director of
Intelligence and Security. The OET's mission is to serve as the
Departmental emergency coordinator. OET also provides leadership for
emergency preparedness and response activities; develops national
preparedness and response policies and procedures in coordination with
other Federal, state, local, and private sector authorities; operates
the Department's Crisis Management Center (CMC); and participates on
behalf of the United States in international emergency preparedness and
response planning and related activities with the North Atlantic Treaty
Organization (NATO) and other Allies.
The Transportation, Treasury, Independent Agencies, and General
Government Appropriations Act, 2005, transfers operational
responsibility for the OET and the CMC from RSPA to the Office of the
Secretary. This authority is being delegated to the Office of
Intelligence and Security, which is now being renamed to the Office of
Intelligence, Security, and Emergency Response to reflect the inclusion
of OET and the CMC. Therefore, this final rule rescinds the current
delegation of Secretarial authority to the Administrator, RSPA, in 49
CFR 1.53(e) to carry out the functions and activities currently
relating to emergency transportation performed by the OET and gives
notice that these functions and activities shall be carried out by the
Director of the Office of Intelligence, Security, and Emergency
Response.
[[Page 7670]]
This rule is being published as a final rule and made effective
upon signature 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, the Secretary
finds that there is good cause to make this rule effective upon
publication pursuant to 5 U.S.C. 553(d)(2), as a change to internal
policy.
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 the Regulatory Policies and Procedures
of the Department of Transportation (44 FR 11034). There are no costs
associated with this rule.
B. Executive Order 13132
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132, dated August 4, 1999. 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 and
funding requirements 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. I hereby
certify this final rule, which amends the CFR to reflect a modification
of authority from the Secretary, 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 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).
0
In consideration of the foregoing, Part 1 of Title 49, Code of Federal
Regulations, is amended as follows:
PART 1--[AMENDED]
0
1. The authority citation for Part 1 is revised 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. 107-296, 116 Stat. 2135; Pub. L. 108-447, div. H,
118 Stat. 3199.
0
2. In Sec. 1.23, revise paragraph (o) to read as follows:
Sec. 1.23 Spheres of primary responsibility.
* * * * *
(o) Office of Intelligence, Security and Emergency Response.
Responsible for intelligence and security matters within the Department
of Transportation that affect the safety of the traveling public, and
for emergency preparedness and response functions and activities within
the Department and operation of the Department's Crisis Management
Center.
* * * * *
0
3. In Sec. 1.53, remove and reserve paragraph (e).
0
4. Revise Sec. 1.69 to read as follows:
Sec. 1.69 Delegations to the Director of Intelligence, Security, and
Emergency Response.
The Director of Intelligence, Security, and Emergency Response is
delegated authority for the following:
(a) Intelligence and Security. Carry out the functions assigned to
the Secretary by the Aviation Security Improvement Act of 1990, section
101 (Pub. L. 101-508; November 16, 1990) relating to intelligence and
security matters in all modes of transportation.
(b) Emergency preparedness and response. Carry out the functions
related to emergency preparedness vested in the Secretary by 49 U.S.C.
101 and 301 or delegated to the Secretary by or through the Defense
Production Act of 1950, 50 U.S.C. App. 2061 et seq.; Executive Order
10480, as amended; Executive Order 12148; Executive Order 12656;
Executive Order 12742; Executive Order 12919, as amended;
Reorganization Plan No. 3 or 1978; and such other statutes, executive
orders, and other directives as may pertain to emergency preparedness.
Issued this 4th day of February 2005, at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 05-2803 Filed 2-14-05; 8:45 am]
BILLING CODE 4910-62-P
