Organization and Delegation of Powers and Duties, 30828-30833 [06-4854]
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30828
Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Rules and Regulations
Vermont. See File No. BLH–1996 0919
KA.
List of Subjects in 47 CFR Part 73
Radio, Radio Broadcasting.
I As stated in the preamble, the Federal
Communications Commission amends
47 CFR part 73 as follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
reads as follows:
I
Authority: 47 U.S.C. 154, 303, 334, 336.
§ 73.202
[Amended]
2. Section 73.202 (b), the Table of FM
Allotments under New Hampshire, is
amended by adding Enfield, Channel
282A.
I 3. Section 73.202 (b), the Table of FM
Allotments under New York, is
amended by removing Channel 231A
and adding Channel 282C3 at Keeseville
and by adding Morrisonville, Channel
231A.
I 4. Section 73.202 (b), the Table of FM
Allotments under Vermont, is amended
by removing Channel 282A and adding
Channel 237A at Hartford; and by
removing White River Junction, Channel
237A.
I
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E6–8150 Filed 5–30–06; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
Deborah Dupont, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 05–123,
adopted May 10, 2006, and released
May 12, 2006. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
The complete text of this decision also
may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, (800) 378–3160,
or via the company’s Web site, https://
www.bcpiweb.com. The Commission
will send a copy of this Report and
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
I For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
I
BILLING CODE 6712–01–P
Authority: 47 U.S.C. 154, 303, 334 and 336.
§ 73.202
FEDERAL COMMUNICATIONS
COMMISSION
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under California, is
amended by adding Channel 277C at
Alturas.
I
47 CFR Part 73
[DA 06–1006; MB Docket No. 05–123, RM–
11191]
Radio Broadcasting Services; Alturas,
CA
Federal Communications
Commission.
ACTION: Final rule.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. E6–8377 Filed 5–30–06; 8:45 am]
BILLING CODE 6712–01–P
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AGENCY:
SUMMARY: The Audio Division, at the
request of George S. Finn, Jr., allots
Channel 277C at Alturas, California, as
the community’s fourth local FM
service. Channel 277C can be allotted to
Alturas, California, in compliance with
the Commission’s minimum distance
separation requirements with a site
restriction of 18.2 kilometers (11.3
miles) east of Alturas. The coordinates
for Channel 277C at Alturas, California,
are 41–31–30 North Latitude and 120–
19–45 West Longitude.
DATES: Effective June 26, 2006.
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary of
Transportation
49 CFR Part 1
[Docket No. OST–1999–6189]
RIN 9991–AA50
Organization and Delegation of Powers
and Duties
Office of the Secretary of
Transportation (OST), DOT.
AGENCY:
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ACTION:
Final rule.
SUMMARY: This amendment delegates
various authorities vested in the
Secretary of Transportation (Secretary)
by the ‘‘Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users’’ or ‘‘SAFETEA–LU’’
(Pub. L. 109–59; August 10, 2005) and
other laws to the Research and
Innovative Technology Administrator,
the Federal Highway Administrator, the
Federal Railroad Administrator, the
National Traffic Highway Safety
Administrator, the Federal Transit
Administrator, the Pipeline and
Hazardous Materials Safety
Administrator, the Federal Motor
Carrier Safety Administrator, and the
Under Secretary for Transportation
Policy.
DATES:
Effective Date: May 31, 2006.
FOR FURTHER INFORMATION CONTACT:
Karen Starring, Attorney Advisor, Office
of General Counsel, Department of
Transportation, 400 7th St., SW., Room
10424, Washington, DC 20590–0001;
Telephone (202)366–9314.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2005, the ‘‘Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users’’ or ‘‘SAFETEA–LU’’, Public Law
109–59, was signed into law. Title 49 of
the Code of Federal Regulations (CFR)
section 1.4(f) is amended to reflect
SAFETEA–LU nomenclature for ‘‘mass
transit’’ which is now ‘‘public
transportation.’’
49 CFR 1.23 defines the spheres of
primary responsibility of the Secretary,
Deputy Secretary, Assistant Secretaries,
and specific Department level offices.
As a result of SAFETEA–LU, the
Department will add a Deputy Assistant
Secretary for Tribal Government Affairs.
This rulemaking defines the sphere of
primary responsibility for the Deputy
Assistant Secretary for Tribal
Government Affairs.
49 CFR 1.45(b) permits the
Administrators to redelegate authority
the Secretary delegates to them.
However, inadvertently, section 1.45(b)
failed to specifically grant this authority
to the Federal Motor Carrier Safety
Administrator. While the Federal Motor
Carrier Safety Administrator clearly has
this authority as a matter of general
administrative law, the Department is
seizing this opportunity to correct this
inadvertent error. In addition, please
note that prior actions taken by
subordinate FMCSA officials are
considered valid despite the lack of
specific redelegation language.
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Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Rules and Regulations
49 CFR 1.46 delegates to the
Administrator of the Research and
Innovative Technology Administration
(RITA) 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
SAFETEA–LU should be delegated to
the Research and Innovative Technology
Administrator. This rulemaking revises
section 1.46 to reflect these delegations.
49 CFR 1.48 delegates to the
Administrator of the Federal Highway
Administration (FHWA) 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 the authority vested in the
Secretary under SAFETEA–LU
concerning the authorization of funds
for Federal-aid highways, Federal lands
highways, and highway safety programs,
and other matters should be delegated to
the Federal Highway Administrator.
This rulemaking adds subsection (c)(24)
to section 1.48 to reflect these
delegations. In addition, the remainder
of section 1.48 is amended to reflect
current authority and citations and to
remove expired authorities.
49 CFR 1.49 delegates to the
Administrator of the Federal Railroad
Administration (FRA) the authority to
carry out various functions and
activities related to the mission of the
agency vested or delegated to the
Secretary. The Secretary has determined
that certain authority vested in the
Secretary under SAFETEA–LU
including the authorization of funds for
capital grant programs and other matters
related to railroad projects, programs,
and studies should be delegated to the
Federal Railroad Administrator. This
rulemaking revises subsection (ee) and
adds subsections (mm) and (nn) to
section 1.49 to reflect these delegations.
49 CFR 1.50 delegates to the
Administrator of the National Highway
Traffic Safety Administration (NHTSA)
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
SAFETEA–LU concerning highway
safety, motor vehicle safety, and other
matters should be delegated to the
National Highway Traffic Safety
Administrator. This rulemaking adds
subsection (p) to section 1.50 to reflect
these delegations.
49 CFR 1.51 delegates to the
Administrator of the Federal Transit
Administration (FTA) the authority to
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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 the authority vested in the
Secretary under SAFETEA–LU
concerning public transportation should
be delegated to the Federal Transit
Administrator. This rulemaking revises
and amends section 1.51 to reflect these
delegations. In addition, other
paragraphs of section 1.51 are amended
to reflect current authority and citations
and to remove expired authorities.
49 CFR 1.53 delegates to the
Administrator of the Pipeline and
Hazardous Materials Safety
Administration (PHMSA) 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 the authority vested in the
Secretary under SAFETEA–LU
concerning the transportation and
inspection of hazardous materials
should be delegated to the Pipeline and
Hazardous Materials Safety
Administrator. This rulemaking revises
subsection (b)(1) of section 1.53 to
reflect these delegations.
49 CFR 1.73 delegates to the
Administrator of the Federal Motor
Carrier Safety Administration (FMCSA)
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 the
authority vested in the Secretary under
Title IV of SAFETEA–LU, the ‘‘Motor
Carrier Safety Reauthorization Act of
2005’’, 49 U.S.C. 30101, should be
delegated to the Federal Motor Carrier
Safety Administrator. This rulemaking
revises and amends section 1.73 to
reflect these delegations.
49 CFR 1.74 delegates to the Under
Secretary for Transportation Policy the
authority to carry out various functions
and activities related to the mission of
the Office of the Under Secretary for
Transportation Policy vested in or
delegated to the Secretary. The
Secretary has determined that the
authority vested in the Secretary under
SAFETEA–LU concerning the taxexempt financing of highway projects
and rail-truck facilities should be
delegated to the Under Secretary for
Transportation Policy. This rulemaking
revises and amends section 1.74 to
reflect this delegation.
Since these amendments relate 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
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30829
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 Analysis 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 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
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
Because no notice of proposed
rulemaking is required for this rule
under the Administrative Procedure
Act, 5 U.S.C. 553, the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply. We also do not
believe this rule would impose any
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 entities.
E. Paperwork Reduction Act
This final 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
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Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Rules and Regulations
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 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]
1. The authority citation for part 1 is
revised to read as follows:
I
Authority: 49 U.S.C. 322; 28 U.S.C. 2672;
31 U.S.C. 3711(a)(2); Public Law 101–552,
104 Stat. 2736; Public Law 106–159, 113 Stat.
1748; Public Law 107–71, 115 Stat. 597;
Public Law 107–295, 116 Stat. 2064; Public
Law 107–295, 116 Stat 2065; Public Law
107–296, 116 Stat. 2135; 41 U.S.C. 414;
Public Law 108–426, 118 Stat. 2423; Public
Law 109–59, 119 Stat. 1144.
I
2. Revise § 1.4(f) to read as follows:
§ 1.4
General responsibilities.
*
*
*
*
*
(f) The Federal Transit
Administration. Is responsible for:
(1) Exercising the authority vested in
the Secretary for developing
comprehensive and coordinated public
transportation systems that serve the
public.
(2) Administering Federal
transportation assistance programs and
functions; and
(3) Assuring appropriate liaison and
coordination with other Federal
agencies, state and local governmental
authorities, with respect to the
foregoing.
*
*
*
*
*
I 3. Amend § 1.23 as follows:
I a. Redesignate paragraphs (h) through
(q) as paragraphs (i) through (r),
respectively; and
I b. Add new paragraph (h) to read as
follows:
§ 1.23
Spheres of primary responsibility.
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*
*
*
*
*
(h) Deputy Assistant Secretary for
Tribal Government Affairs. Plan,
coordinate and implement the
Department’s policies and programs
with respect to Indian tribes and tribal
organizations. Coordinate intraDepartmental tribal transportation
programs and activities. Serve as the
Department’s primary point of contact
in relationships with public and private
organizations and groups related to
Indian tribes and tribal organizations.
Participate in any negotiated rulemaking
relating to, or having an impact on,
projects, programs, or funding
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associated with the tribal transportation
program.
*
*
*
*
*
I 4. Revise § 1.45(b) to read as follows:
§ 1.45
Delegations to all Administrators.
*
*
*
*
*
(b) Except as otherwise specifically
provided, each official to whom
authority is granted by § 1.45 through
1.53, 1.66, 1.68, and 1.73 may redelegate
and authorize successive redelegations
of that authority within the organization
under that official’s jurisdiction.
*
*
*
*
*
I 5. Revise § 1.46(c), (d), (e), (i), (l) and
(m) to read as follows:
§ 1.46 Delegations to the Administrator of
the Research and Innovative Technology
Administration.
*
*
*
*
*
(c) Advanced vehicle technology.
Carry out the functions vested in the
Secretary by section 5111 of the
Transportation Equity Act for the 21st
Century (49 U.S.C. 5506), as extended
by the Surface Transportation Extension
Act of 2004, Part V, Public Law 108–
310, September 30, 2004, 118 Stat. 1144,
and section 5513(j) of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users, Title V, Subtitle E, Public Law
109–59, August 10, 2005, 119 Stat. 1144.
(d) Remote sensing technology. Carry
out the functions vested in the Secretary
by section 5113 of the Transportation
Equity Act for the 21st Century (23
U.S.C. 502 Note), as extended by the
Surface Transportation Extension Act of
2004, Part V, Public Law 108–310,
September 30, 2004, 118 Stat. 1144, and
section 5506 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users, Title V, Subtitle
E, Public Law 109–59, August 10, 2005,
119 Stat. 1144.
(e) University transportation research.
Carry out the functions vested in the
Secretary by section 5110 of the
Transportation Equity Act for the 21st
Century (49 U.S.C. 5505), as extended
by the Surface Transportation Extension
Act of 2004, Part V, Public Law 108–
310, September 30, 2004, 118 Stat. 1144,
and sections 5401 and 5402 of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users, Title V, Subtitle D, Public Law
109–59, August 10, 2005, 119 Stat. 1144.
*
*
*
*
*
(i) Intermodalism. Carry out the
functions vested in the Secretary by 49
U.S.C. 5503(d) and Section 4149 of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users, Title IV, Subtitle A and Section
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5209, Title V, Subtitle B, Public Law
109–59, August 10, 2005, 119 Stat. 1144.
*
*
*
*
*
(l) Research grants. Carry out the
functions vested in the Secretary by
section 5513(c), (d), (g), (h), (i), (l), and
(m) (as (m) relates to (c), (d), (g), (h), (i),
(j), and (l)) of the Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users, Title V, Subtitle
E, Public Law 109–59, August 10, 2005,
119 Stat. 1144.
(m) Biobased transportation research.
Carry out the functions vested in the
Secretary by section 5201(m) of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users, Title V, Subtitle B, Public Law
109–59, August 10, 2005, 119 Stat. 1144.
*
*
*
*
*
I 6. Revise § 1.48 to read as follows:
§ 1.48 Delegations to Federal Highway
Administrator.
(a) Unless otherwise provided, the
Federal Highway Administrator may
further delegate authority provided
under this section.
(b) The Federal Highway
Administrator is delegated authority to
administer the following provisions of
title 23, Highways, U.S.C.:
(1) Chapter 1, Federal-Aid Highways,
except for sections 142 (as it relates to
matters within the primary
responsibility of the Federal Transit
Administrator), 153, 154, 158, 159, 161,
and 164.
(2) Chapter 2, Other Highways.
(3) Chapter 3, General Provisions,
except for section 322.
(4) Section 409 of chapter 4, Highway
Safety.
(5) Chapter 5, Research, Technology,
and Education, except for sections 508
and 509.
(6) Chapter 6, Infrastructure Finance.
(c) The Federal Highway
Administrator is delegated authority to
administer the following laws relating
generally to highways:
(1) Section 502(c) of the General
Bridge Act of 1946, as amended (60 Stat.
847, 33 U.S.C. 525(c)).
(2) Reorganization Plan No. 7 of 1949
(63 Stat. 1070).
(3) The Federal-Aid Highway Act of
1954, as amended (Pub. L. 83–350, 68
Stat. 70).
(4) The Federal-Aid Highway Act of
1956, as amended (Pub. L. 84–627, 70
Stat. 374).
(5) The Highway Revenue Act of
1956, as amended (Pub. L. 84–627, 70
Stat. 374, 387, 23 U.S.C.A. 120 note).
(6) The Alaska Omnibus Act, as
amended (Pub. L. 86–70, 73 Stat. 141,
48 U.S.C.A. 21 note.).
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Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Rules and Regulations
(7) The Act of September 26, 1961, as
amended (Pub. L. 87–307, 75 Stat. 670).
(8) The Act of April 27, 1962 (Pub. L.
87–441, 76 Stat. 59).
(9) The Federal-Aid Highway Act of
1962, as amended (Pub. L. 87–866, 76
Stat. 1145).
(10) The Joint Resolution of August
28, 1965, as amended (Pub. L. 89–139,
79 Stat. 578, 23 U.S.C.A. 101 et seq.,
notes).
(11) The Highway Beautification Act
of 1965, as amended (Pub. L. 89–285, 79
Stat. 1028, 23 U.S.C.A. 131 et seq.,
notes).
(12) The Federal-Aid Highway Act of
1966, as amended (Pub. L. 889–574, 80
Stat. 766).
(13) The Federal-Aid Highway Act of
1968, as amended (Pub. L. 90–495, 82
Stat. 815).
(14) The Federal-Aid Highway Act of
1970, as amended (except section 118)
(Pub. L. 91–605, 84 Stat. 1713).
(15) Sections 103, 104, 111(b), 128(b),
131, 135, 136, 141, 147, 149, 154, 158
through 161, 163, 203, 206, 401, and 402
of the Federal-Aid Highway Act of 1973,
as amended (Pub. L. 93–87, 87 Stat. 250;
Pub. L. 93–643, 88 Stat. 2281).
(16) Sections 102(b) (except
subparagraph (2)) and (c); 105 (b)(1) and
(c); 141; 146; 147; and 152 of the
Federal-Aid Highway Act of 1976 (Pub.
L. 94–280, 90 Stat. 425).
(17) Sections 105, 107(c) through (e),
123(a) and (b), 124(c), 126(d) through
(g), 138(c), 140, 142 through 145, 147
through 154, 167, and 171, title IV, as
amended (as it relates to matters within
the primary responsibility of the Federal
Highway Administrator), and sections
502–504 of title V of the Surface
Transportation Assistance Act of 1978
(Pub. L. 95–599, 92 Stat. 2689).
(18) The Federal-Aid Highway Act of
1982 (Pub. L. 97–327, 96 Stat. 1611),
except section 6 as it relates to matters
within the primary responsibility of the
Federal Transit Administrator.
(19) The Surface Transportation
Assistance Act of 1982, as amended,
(Pub. L. 97–424, 96 Stat. 2097) except,
(i) Sections 165 and 531 as they relate
to matters within the primary
responsibility of the Federal Transit
Administrator;
(ii) Sections 105(f), 413; 414(b) (2);
421, 426, and title III; and
(iii) Section 414(b)(1), unless with the
concurrence of the National Highway
Traffic Safety Administrator.
(20) Sections 103(e), 105(a) through
(g), 106(a), and (b), 110(b), 114(d),
117(f), 120(c) and (d), 123(g) and (i),
133(f), 134, 136, 137, 139 through 145,
146(b), 147(c), 149(a) through (f), (h), (i),
(k), 151 through 157, 164, and 208 of the
Surface Transportation and Uniform
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Relocation Assistance Act of 1987 (Pub.
L. 100–17, 101 Stat. 132).
(21) Sections 1002(c) and (e), 1003(c),
1004, 1006(h), 1009(c), 1012(b) and (d)
through (f), 1013(c), 1014(c), 1015,
1016(g), 1017(c), 1021(c) and (d),
1022(c), 1023(f) through (g), 1029(c), (f),
and (g), 1032(d) and (e), 1038 through
1042, 1044, 1045, 1046(d), 1047, 1049,
1050, 1051, 1054, 1057 through 1063,
1065, 1067, 1069, 1072, 1073, 1074,
1076, 1077, 1086, 1088 through 1092,
1097, 1099 through 1108, 6012, and
6014 through 6016 of the Intermodal
Surface Transportation Efficiency Act of
1991 (Pub. L. 102–240, 105 Stat. 1914).
(22) Sections 201 through 205, 327
through 336, 339, 340, 349, 352, 353,
and 408 of the National Highway
System Designation Act of 1995 (Pub. L.
104–59, 109 Stat. 568).
(23) Sections 1101(a), 1102, 1103(m)
and (n), 1106(a) and (d), 1107(c), 1108(f)
and (g), 1110(d)(2) and (e), 1112(c) and
(e), 1117(a), (b), and (d), 1118, 1119,
1202(b) and (e), 1204(i), 1207(c), 1210,
1211(i) and (l), 1212 (b), (e) through (j),
(l), (m), (o), and (q) through (t), 1213(c),
and (f) through (j), 1214, 1215, 1216,
1217, 1220, 1223, 1224, 1225, 1307(d)
through (f), 1308, 1309, 1311, 1402,
1511, 5001, 5112, 5116 through 5118,
and 5203 through 5212 of the
Transportation Equity Act for the 21st
Century (Pub. L. 105–178, 112 Stat.
107).
(24) Sections 1102, 1105(f), 1109(f),
1111(b)(4), 1112, 1115(c), 1116(a) and
(b), 1117, 1119(n), 1120(c), 1201, 1301,
1302, 1303, 1304, 1305, 1306, 1308,
1310, 1401(e), 1402, 1403, 1404, 1405,
1408, 1409(a) and (b), 1410, 1411, 1502,
1603, 1604, 1801 (d), 1803, 1804, 1805,
1807, 1808(g) through (k), 1907, 1908,
1910, 1911, 1914, 1916, 1917, 1918,
1919, 1923, 1924, 1925, 1927, 1928,
1934, 1935, 1936, 1937, 1939, 1940,
1941, 1943, 1944, 1945, 1948, 1949,
1950, 1952, 1957, 1958, 1959, 1961,
1962, 1964, 2003(e), 4112, 4141, 4404
(as it relates to matters within the
primary responsibility of the Federal
Highway Administrator), 5101(b),
5202(b)(3)(B), (c), and (d), 5203(e) and
(f), 5204(g) and (i), 5304, 5305, 5306,
5307, 5308, 5309 (except (c)(4)), 5501,
5502, 5504, 5507, 5508, 5511, 5512,
5513(b), (f), (k), and (m) (as (m) relates
to (b), (f), and (k)), 5514, 6001(b),
6002(b), 6009(b) and (c) (as they relate
to matters within the primary
responsibility of the Federal Highway
Administrator), 6010 (as it relates to
matters within the primary
responsibility of the Federal Highway
Administrator), 6017, 6018, 10210, and
10212 of the Safe, Accountable,
Flexible, Efficient Transportation Equity
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30831
Act: A Legacy for Users (Pub. L. 109–59,
119 Stat. 1144).
(d) The Federal Highway
Administrator is delegated authority to:
(1) Carry out the functions vested in
the Secretary of Transportation by
section 601 of the Pipeline Safety Act of
1992 (Pub. L. 102–508, 106 Stat. 3289)
relating to construction of the Page
Avenue Extension Project in Missouri.
(2) Carry out the functions of the
Secretary under the Appalachian
Regional Development Act of 1965 (Pub.
L. 89–4, 79 Stat. 5, 40 U.S.C. Subtitle IV)
except section 208.
(3) Carry out the Act of September 21,
1966, Public Law 89–599, relating to
certain approvals concerned with a
compact between the States of Missouri
and Kansas.
(4) Carry out the law relating to the
Chamizal border highway (Pub. L. 89–
795, 80 Stat. 1477).
(5) Carry out the Highway Safety Act
of 1966, as amended (Pub. L. 89–564, 80
Stat. 731) and chapter 4 of title 23
U.S.C. as amended by section 207 of the
Surface Transportation Assistance Act
of 1978 for highway safety programs,
research and development relating to
highway design, construction and
maintenance, traffic control devices,
identification and surveillance of
accident locations, and highway-related
aspects of pedestrian and bicycle safety.
(6) Exercise the authority vested in
the Secretary by 49 U.S.C. 20134(a) with
respect to the laws administered by the
Federal Highway Administrator
pertaining to highway safety and
highway construction.
(7) Carry out the functions vested in
the Secretary by section 5 (as it relates
to bridges, other than railroad bridges,
not over navigable waters), and section
8(a) (as it relates to all bridges other
than railroad bridges) of the
International Bridge Act of 1972 (Pub. L.
92–434, 86 Stat. 731).
(8) Exercise the authority vested in
the Secretary by sections 101, 118,
120(b), 123 and 124 of the Federal-Aid
Highway Amendments of 1974 (Pub. L.
93–643, January 4, 1975, 88 Stat. 2281).
(9) Carry out the functions vested in
the Secretary by section 118 of the
National Visitor Center Facilities Act of
1968 (Pub. L. 90–264, 82 Stat. 43), as
added by the Union Station
Redevelopment Act of 1981 (Pub. L. 97–
125; 95 Stat. 1672), with respect to the
completion of the parking facility and
associated ramps at Union Station in
Washington, DC (40 U.S.C. 818).
(10) Carry out the functions vested in
the Secretary by Public Law 98–229, 98
Stat. 55, insofar as it relates to
apportioning certain funds for
construction of the Interstate Highway
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System in Fiscal Year 1985,
apportioning certain funds for Interstate
substitute highway projects, and
increasing amounts available for
emergency highway relief.
(11) Prescribe regulations, as
necessary, at parts 24 and 25 of this
title, to implement Public Law 91–646,
84 Stat. 1894, and any amendments
thereto, as appropriate, in coordination
with the Assistant Secretary for
Transportation Policy, and carry out all
other functions vested in the Secretary
by the Uniform Relocation Assistance
and Real Property Acquisition Policies
Act of 1970, Public Law 91–646, 84 Stat.
1894, and any amendments thereto.
(12) Carry out the functions vested in
the Secretary of Transportation by
section 114 of Part C of the Paperwork
Reduction Reauthorization Act of 1986
(contained in the Act Making
Continuing Appropriations for Fiscal
Year 1987 and for Other Purposes,
Public Law 99–591, 100 Stat. 3341,
2241–349), relating to construction of
Interstate Highway H–3 in Hawaii.
(13) Carry out all of the functions
vested in the Secretary under section
324 of the Fiscal Year 1986 Department
of Transportation Appropriations Act
(Pub. L. 99–190, 99 Stat. 1288),
notwithstanding the reservation of
authority under Sec. 1.44(j) of this part.
(14) Carry out the functions vested in
the Secretary of Transportation by
section 505 of the Railroad
Revitalization and Regulatory Reform
Act of 1976, as amended, (Pub. L. 94–
210, 90 Stat. 31) relating to the Alameda
Corridor Project in consultation with the
Federal Railroad Administrator.
(15) Carry out the function of acting
as the lead DOT agency in matters
relating to the National Environmental
Policy Act pertinent to the authority
vested in the Secretary to establish,
operate, and manage the Nationwide
Differential Global Positioning System
(NDGPS) by section 346 of the
Department of Transportation and
Related Agencies Appropriations Act,
1998 (Pub. L. 105–66, 111 Stat. 1425).
(16) Exercise the responsibilities of
the Secretary under 49 U.S.C. 303 as it
relates to matters within the primary
responsibility of the Federal Highway
Administrator.
(17) Exercise the responsibilities of
the Secretary under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other Federal
laws related to programs, projects, and
activities administered by the Federal
Highway Administration.
(18) Exercise the responsibilities of
the Secretary under section 176(c) of the
Clean Air Act (42 U.S.C. 7506(c)), as
amended by section 6011 of the Safe,
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Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (Pub. L. 109–59, 119 Stat. 1144),
as it relates to matters within the
primary responsibility of the Federal
Highway Administrator.
(19) Exercise the responsibilities of
the Secretary under 49 U.S.C. 309.
I 7. Amend § 1.49 as follows:
I a. Revise paragraph (ee); and
I b. Add paragraphs (mm) and (nn) to
read as follows:
§ 1.49 Delegations to Federal Railroad
Administrator.
*
*
*
*
*
(ee) Carry out the functions vested in
the Secretary by section 5701 of title 49
of the United States Code, with respect
to transportation by railroad.
*
*
*
*
*
(mm) Carry out the functions and
exercise the authority vested in the
Secretary by sections 1307, 1946, 9004,
9006, and 9007 of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (Pub. L. No. 109–59, 119 Stat.
1144) as they relate to deployment of
magnetic levitation transportation
projects, the Gateway Rural
Improvement Pilot Program, a study of
the impact of public safety of train
travel in communities without grade
separation, capital grants to the Alaska
Railroad, and a study of rail
transportation and regulation.
(nn) Carry out the functions and
exercise the authority vested in the
Secretary by section 20154 of title 49,
United States Code relating to capital
grants for rail line relocation projects.
I 8. In § 1.50, add paragraph (p) to read
as follows:
§ 1.50 Delegations to the National Highway
Traffic Safety Administrator.
*
*
*
*
*
(p) Carry out the functions and
exercise the authority vested in the
Secretary under the ‘‘Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users’’ or ‘‘SAFETEA–
LU’’ (Pub. L. 109–59; August 10, 2005),
as it relates to:
(1) Section 1906, the grant program to
prohibit racial profiling;
(2) Section 2001(d), transfers;
(3) Section 2003(c), on-scene motor
vehicle collision causation;
(4) Section 2003(d), research on
distracted, inattentive, and fatigued
drivers;
(5) Section 2003(f), refusal of
intoxication testing;
(6) Section 2003(g), impaired
motorcycle driving;
(7) Section 2003(h), reducing
impaired driving recidivism;
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(8) Section 2009(f), annual evaluation,
in regard to high visibility enforcement
program;
(9) Section 2010, motorcyclist safety;
(10) Section 2011, child safety and
child booster seat incentive grants;
(11) Section 2012, safety data;
(12) Section 2013, drug-impaired
driving enforcement;
(13) Section 2014, first responder
vehicle safety program;
(14) Section 2015, driver performance
study;
(15) Section 2016, rural state
emergency medical services
optimization pilot program;
(16) Section 2017, older driver safety;
law enforcement training;
(17) Section 5513(e), automobile
accident injury research;
(18) Section 5513(m) as it relates to
section 513(e);
(19) Section 10202, emergency
medical services;
(20) Section 10302, side-impact crash
protection rulemaking;
(21) Section 10303, tire research;
(22) Section 10305(b), publication of
nontraffic incident data collection;
(23) Section 10306, study of safety
belt use technologies;
(24) Section 10307(b), regulations, in
regard to safety labeling requirements;
(25) Section 10308, power window
switches; and
(26) Section 10309(a), testing, in
regard to 15-passenger van safety.
I 9. Amend § 1.51 as follows:
I a. Remove paragraphs (f), (g), (h), (j),
(k), (l), (m), and (n);
I b. Redesignate paragraph (i) as
paragraph (f);
I c. Revise paragraphs (a) and (b); and
I d. Add new paragraphs (g), (h), and (i)
to read as follows:
§ 1.51 Delegations to Federal Transit
Administrator.
*
*
*
*
*
(a) The Urban Mass Transportation
Act of 1964, as amended (78 Stat. 302,
49 U.S.C. 1601 et seq.).
(b) Section 1 of Reorganization Plan
No. 2 of 1968 (5 U.S.C. app. 1).
*
*
*
*
*
(f) Title II of the National Mass
Transportation Assistance Act of 1974
(Pub. L. 93–503, November 26, 1974),
except sections 204 and 205.
(g) Title 49 United States Code,
chapter 53 as amended by the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) (Pub. L. 109–59,
August 10, 2005).
(h) 49 U.S.C. 303 as it involves public
(mass) transportation projects.
(i) Sections 3040, 3041, 3044, 3045,
3046, 3048, 3049, and 3050 of the Safe,
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Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (Pub. L. 109–59, 119 Stat.1144);
sections 6009 (b) and (c) and 6010 of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users as they relate to public (mass)
transit projects; and the following
provisions as amended by SAFETEA–
LU and as related to public (mass)
transportation projects:
(1) 23 U.S.C. 139, 326, and 502(h);
and
(2) 42 U.S.C. 7506(c).
I 10. Amend § 1.53 as follows:
I a. Remove paragraph (d);
I b. Redesignate paragraph (e) as
paragraph (d); and
I c. Revise paragraph (b) introductory
text and (b)(1) to read as follows:
§ 1.53 Delegations to the Administrator of
the Pipeline and Hazardous Materials Safety
Administration.
*
*
*
*
*
(b) * * *
(1) Carry out the functions vested in
the Secretary by 49 U.S.C. 5121(a), (b),
(c), (d) and (e), 5122, 5123, and 5124
relating to investigations, records,
inspections, emergency orders,
penalties, and specific relief, with
particular emphasis on the shipment of
hazardous materials and the
manufacture, fabrication, marking,
maintenance, reconditioning, repair or
test of multi-modal containers that are
represented, marked, certified, or sold
for use in the transportation of
hazardous materials.
*
*
*
*
*
I 11. Amend § 1.73 as follows:
I a. Revise paragraph (a)(7), (8), and (9);
I b. Revise paragraphs (g) and (h); and
I c. Add paragraphs (q) through (y) to
read as follows:
§ 1.73 Delegation to the Administrator of
the Federal Motor Carrier Safety
Administration.
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*
*
*
*
*
(a) * * *
(7) Chapter 145, sections 14501,
14502, 14504 and 14504a relating to
Federal-State relations;
(8) Chapter 147, sections 14701
through 14708, 14710, and 14711,
relating to enforcement remedies,
investigations and motor carrier
liability; and
(9) Chapter 149, sections 14901
through 14913, and 14915, relating to
enforcement remedies, investigations
and motor carrier liability.
*
*
*
*
*
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14:53 May 30, 2006
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(g) Carry out the functions vested in
the Secretary by subchapters I, III, and
IV of chapter 311, title 49, U.S.C.,
relating to commercial motor vehicle
programs, safety regulation, and
international activities, except that the
authority to promulgate safety standards
for commercial motor vehicles and
equipment subsequent to initial
manufacture is limited to standards that
are not based upon and similar to a
Federal Motor Vehicle Safety Standard
promulgated under chapter 301 of title
49, U.S.C.
(h) Carry out the functions vested in
the Secretary by 49 U.S.C. 5701 relating
to food transportation inspections of
commercial motor vehicles; and 5113
and 31144 relating to safety fitness of
owners and operators.
*
*
*
*
*
(q) Carry out the functions vested in
the Secretary by Public Law 109–59, 119
Stat. 1717, section 4105(b)(1) relating to
the study concerning predatory tow
truck operations.
(r) Carry out the functions vested in
the Secretary by Public Law 109–59, 119
Stat. 1738, section 4126 relating to the
commercial vehicle information systems
and networks program.
(s) Carry out the functions vested in
the Secretary by Public Law 109–59, 119
Stat. 1742, section 4128 relating to
grants under the safety data
improvement program.
(t) Carry out the functions vested in
the Secretary by Public Law 109–59, 119
Stat. 1744, section 4134 relating to the
grant program for persons to train
operators of commercial motor vehicles.
(u) Carry out the functions vested in
the Secretary by Public Law 109–59, 119
Stat. 1744, section 4135 relating to the
task force concerning commercial
drivers license program.
(v) Carry out the functions vested in
the Secretary by Public Law 109–59, 119
Stat. 1744, section 4139(a) and (b)(1)
relating to the training and outreach to
state personnel and a review concerning
Canadian and Mexican commercial
motor vehicles respectively.
(w) Carry out the functions vested in
the Secretary by Public Law 109–59, 119
Stat. 1759, section 4213 relating to the
establishment of a working group for
development of practices and
procedures to enhance Federal-State
relations.
(x) Carry out the functions vested in
the Secretary by Public Law 109–59, 119
Stat. 1821, section 5503 relating to the
motor carrier efficiency study.
(y) Carry out the functions vested in
the Secretary by Public Law 109–59, 119
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30833
Stat. 1829, sections 5513(a) and (m),
relating to the research grant for a
thermal imaging inspection system
demonstration project.
I 12. Revise § 1.74 to read as follows:
§ 1.74 Delegations to the Under Secretary
for Transportation Policy.
The Under Secretary for
Transportation Policy is delegated
authority:
(a) Under the Federal hazardous
materials transportation law, 49 U.S.C.
5101 et seq., to:
(1) Serve as the principal adviser to
the Secretary on all intermodal and
cross-modal hazardous materials
matters;
(2) Act as the focal point for review
of hazardous materials policies,
priorities, and objectives;
(3) Provide oversight for planning and
budgeting strategies for all departmental
hazardous materials activities;
(4) Resolve disputes among Operating
Administrations on hazardous materials
issues;
(5) Provide external reviews and
continual monitoring of all
departmental hazardous materials
activities;
(6) In coordination with the Assistant
Secretary for Budget and Programs,
direct that the Operating
Administrations apply resources to
specific cross-modal initiatives;
(7) Coordinate DOT-wide hazardous
materials outreach and data activities;
and
(8) Address other regulatory and
programmatic cross-modal issues
related to hazardous materials as
warranted.
(b) Carry out the functions and
exercise the authority vested in the
Secretary by section 11143 of Public
Law 109–59, Stat. 1144, titled ‘‘Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users’’ to manage the day-to-day
activities associated with
implementation of section 11143
regarding tax-exempt financing of
highway projects and rail-truck
facilities. The Under Secretary of
Transportation for Policy may further
delegate this authority.
Issued this 16th day of May, 2006, at
Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 06–4854 Filed 5–30–06; 8:45 am]
BILLING CODE 4910–62–P
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]]>Agencies
[Federal Register Volume 71, Number 104 (Wednesday, May 31, 2006)]
[Rules and Regulations]
[Pages 30828-30833]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4854]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
49 CFR Part 1
[Docket No. OST-1999-6189]
RIN 9991-AA50
Organization and Delegation of Powers and Duties
AGENCY: Office of the Secretary of Transportation (OST), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment delegates various authorities vested in the
Secretary of Transportation (Secretary) by the ``Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users'' or
``SAFETEA-LU'' (Pub. L. 109-59; August 10, 2005) and other laws to the
Research and Innovative Technology Administrator, the Federal Highway
Administrator, the Federal Railroad Administrator, the National Traffic
Highway Safety Administrator, the Federal Transit Administrator, the
Pipeline and Hazardous Materials Safety Administrator, the Federal
Motor Carrier Safety Administrator, and the Under Secretary for
Transportation Policy.
DATES: Effective Date: May 31, 2006.
FOR FURTHER INFORMATION CONTACT: Karen Starring, Attorney Advisor,
Office of General Counsel, Department of Transportation, 400 7th St.,
SW., Room 10424, Washington, DC 20590-0001; Telephone (202)366-9314.
SUPPLEMENTARY INFORMATION:
Background
On August 10, 2005, the ``Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users'' or ``SAFETEA-LU'',
Public Law 109-59, was signed into law. Title 49 of the Code of Federal
Regulations (CFR) section 1.4(f) is amended to reflect SAFETEA-LU
nomenclature for ``mass transit'' which is now ``public
transportation.''
49 CFR 1.23 defines the spheres of primary responsibility of the
Secretary, Deputy Secretary, Assistant Secretaries, and specific
Department level offices. As a result of SAFETEA-LU, the Department
will add a Deputy Assistant Secretary for Tribal Government Affairs.
This rulemaking defines the sphere of primary responsibility for the
Deputy Assistant Secretary for Tribal Government Affairs.
49 CFR 1.45(b) permits the Administrators to redelegate authority
the Secretary delegates to them. However, inadvertently, section
1.45(b) failed to specifically grant this authority to the Federal
Motor Carrier Safety Administrator. While the Federal Motor Carrier
Safety Administrator clearly has this authority as a matter of general
administrative law, the Department is seizing this opportunity to
correct this inadvertent error. In addition, please note that prior
actions taken by subordinate FMCSA officials are considered valid
despite the lack of specific redelegation language.
[[Page 30829]]
49 CFR 1.46 delegates to the Administrator of the Research and
Innovative Technology Administration (RITA) 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 SAFETEA-LU should
be delegated to the Research and Innovative Technology Administrator.
This rulemaking revises section 1.46 to reflect these delegations.
49 CFR 1.48 delegates to the Administrator of the Federal Highway
Administration (FHWA) 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 the authority
vested in the Secretary under SAFETEA-LU concerning the authorization
of funds for Federal-aid highways, Federal lands highways, and highway
safety programs, and other matters should be delegated to the Federal
Highway Administrator. This rulemaking adds subsection (c)(24) to
section 1.48 to reflect these delegations. In addition, the remainder
of section 1.48 is amended to reflect current authority and citations
and to remove expired authorities.
49 CFR 1.49 delegates to the Administrator of the Federal Railroad
Administration (FRA) the authority to carry out various functions and
activities related to the mission of the agency vested or delegated to
the Secretary. The Secretary has determined that certain authority
vested in the Secretary under SAFETEA-LU including the authorization of
funds for capital grant programs and other matters related to railroad
projects, programs, and studies should be delegated to the Federal
Railroad Administrator. This rulemaking revises subsection (ee) and
adds subsections (mm) and (nn) to section 1.49 to reflect these
delegations.
49 CFR 1.50 delegates to the Administrator of the National Highway
Traffic Safety Administration (NHTSA) 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 SAFETEA-LU
concerning highway safety, motor vehicle safety, and other matters
should be delegated to the National Highway Traffic Safety
Administrator. This rulemaking adds subsection (p) to section 1.50 to
reflect these delegations.
49 CFR 1.51 delegates to the Administrator of the Federal Transit
Administration (FTA) 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 the authority
vested in the Secretary under SAFETEA-LU concerning public
transportation should be delegated to the Federal Transit
Administrator. This rulemaking revises and amends section 1.51 to
reflect these delegations. In addition, other paragraphs of section
1.51 are amended to reflect current authority and citations and to
remove expired authorities.
49 CFR 1.53 delegates to the Administrator of the Pipeline and
Hazardous Materials Safety Administration (PHMSA) 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 the authority vested in the Secretary under SAFETEA-LU
concerning the transportation and inspection of hazardous materials
should be delegated to the Pipeline and Hazardous Materials Safety
Administrator. This rulemaking revises subsection (b)(1) of section
1.53 to reflect these delegations.
49 CFR 1.73 delegates to the Administrator of the Federal Motor
Carrier Safety Administration (FMCSA) 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 the authority vested in the Secretary under Title IV of SAFETEA-
LU, the ``Motor Carrier Safety Reauthorization Act of 2005'', 49 U.S.C.
30101, should be delegated to the Federal Motor Carrier Safety
Administrator. This rulemaking revises and amends section 1.73 to
reflect these delegations.
49 CFR 1.74 delegates to the Under Secretary for Transportation
Policy the authority to carry out various functions and activities
related to the mission of the Office of the Under Secretary for
Transportation Policy vested in or delegated to the Secretary. The
Secretary has determined that the authority vested in the Secretary
under SAFETEA-LU concerning the tax-exempt financing of highway
projects and rail-truck facilities should be delegated to the Under
Secretary for Transportation Policy. This rulemaking revises and amends
section 1.74 to reflect this delegation.
Since these amendments relate 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 Analysis 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 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 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
Because no notice of proposed rulemaking is required for this rule
under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. We
also do not believe this rule would impose any 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 entities.
E. Paperwork Reduction Act
This final 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
[[Page 30830]]
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
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 is revised to read as follows:
Authority: 49 U.S.C. 322; 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2);
Public Law 101-552, 104 Stat. 2736; Public Law 106-159, 113 Stat.
1748; Public Law 107-71, 115 Stat. 597; Public Law 107-295, 116
Stat. 2064; Public Law 107-295, 116 Stat 2065; Public Law 107-296,
116 Stat. 2135; 41 U.S.C. 414; Public Law 108-426, 118 Stat. 2423;
Public Law 109-59, 119 Stat. 1144.
0
2. Revise Sec. 1.4(f) to read as follows:
Sec. 1.4 General responsibilities.
* * * * *
(f) The Federal Transit Administration. Is responsible for:
(1) Exercising the authority vested in the Secretary for developing
comprehensive and coordinated public transportation systems that serve
the public.
(2) Administering Federal transportation assistance programs and
functions; and
(3) Assuring appropriate liaison and coordination with other
Federal agencies, state and local governmental authorities, with
respect to the foregoing.
* * * * *
0
3. Amend Sec. 1.23 as follows:
0
a. Redesignate paragraphs (h) through (q) as paragraphs (i) through
(r), respectively; and
0
b. Add new paragraph (h) to read as follows:
Sec. 1.23 Spheres of primary responsibility.
* * * * *
(h) Deputy Assistant Secretary for Tribal Government Affairs. Plan,
coordinate and implement the Department's policies and programs with
respect to Indian tribes and tribal organizations. Coordinate intra-
Departmental tribal transportation programs and activities. Serve as
the Department's primary point of contact in relationships with public
and private organizations and groups related to Indian tribes and
tribal organizations. Participate in any negotiated rulemaking relating
to, or having an impact on, projects, programs, or funding associated
with the tribal transportation program.
* * * * *
0
4. Revise Sec. 1.45(b) to read as follows:
Sec. 1.45 Delegations to all Administrators.
* * * * *
(b) Except as otherwise specifically provided, each official to
whom authority is granted by Sec. 1.45 through 1.53, 1.66, 1.68, and
1.73 may redelegate and authorize successive redelegations of that
authority within the organization under that official's jurisdiction.
* * * * *
0
5. Revise Sec. 1.46(c), (d), (e), (i), (l) and (m) to read as follows:
Sec. 1.46 Delegations to the Administrator of the Research and
Innovative Technology Administration.
* * * * *
(c) Advanced vehicle technology. Carry out the functions vested in
the Secretary by section 5111 of the Transportation Equity Act for the
21st Century (49 U.S.C. 5506), as extended by the Surface
Transportation Extension Act of 2004, Part V, Public Law 108-310,
September 30, 2004, 118 Stat. 1144, and section 5513(j) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, Title V, Subtitle E, Public Law 109-59, August 10, 2005, 119
Stat. 1144.
(d) Remote sensing technology. Carry out the functions vested in
the Secretary by section 5113 of the Transportation Equity Act for the
21st Century (23 U.S.C. 502 Note), as extended by the Surface
Transportation Extension Act of 2004, Part V, Public Law 108-310,
September 30, 2004, 118 Stat. 1144, and section 5506 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, Title V, Subtitle E, Public Law 109-59, August 10, 2005, 119
Stat. 1144.
(e) University transportation research. Carry out the functions
vested in the Secretary by section 5110 of the Transportation Equity
Act for the 21st Century (49 U.S.C. 5505), as extended by the Surface
Transportation Extension Act of 2004, Part V, Public Law 108-310,
September 30, 2004, 118 Stat. 1144, and sections 5401 and 5402 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users, Title V, Subtitle D, Public Law 109-59, August 10,
2005, 119 Stat. 1144.
* * * * *
(i) Intermodalism. Carry out the functions vested in the Secretary
by 49 U.S.C. 5503(d) and Section 4149 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users,
Title IV, Subtitle A and Section 5209, Title V, Subtitle B, Public Law
109-59, August 10, 2005, 119 Stat. 1144.
* * * * *
(l) Research grants. Carry out the functions vested in the
Secretary by section 5513(c), (d), (g), (h), (i), (l), and (m) (as (m)
relates to (c), (d), (g), (h), (i), (j), and (l)) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, Title V, Subtitle E, Public Law 109-59, August 10, 2005, 119
Stat. 1144.
(m) Biobased transportation research. Carry out the functions
vested in the Secretary by section 5201(m) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users,
Title V, Subtitle B, Public Law 109-59, August 10, 2005, 119 Stat.
1144.
* * * * *
0
6. Revise Sec. 1.48 to read as follows:
Sec. 1.48 Delegations to Federal Highway Administrator.
(a) Unless otherwise provided, the Federal Highway Administrator
may further delegate authority provided under this section.
(b) The Federal Highway Administrator is delegated authority to
administer the following provisions of title 23, Highways, U.S.C.:
(1) Chapter 1, Federal-Aid Highways, except for sections 142 (as it
relates to matters within the primary responsibility of the Federal
Transit Administrator), 153, 154, 158, 159, 161, and 164.
(2) Chapter 2, Other Highways.
(3) Chapter 3, General Provisions, except for section 322.
(4) Section 409 of chapter 4, Highway Safety.
(5) Chapter 5, Research, Technology, and Education, except for
sections 508 and 509.
(6) Chapter 6, Infrastructure Finance.
(c) The Federal Highway Administrator is delegated authority to
administer the following laws relating generally to highways:
(1) Section 502(c) of the General Bridge Act of 1946, as amended
(60 Stat. 847, 33 U.S.C. 525(c)).
(2) Reorganization Plan No. 7 of 1949 (63 Stat. 1070).
(3) The Federal-Aid Highway Act of 1954, as amended (Pub. L. 83-
350, 68 Stat. 70).
(4) The Federal-Aid Highway Act of 1956, as amended (Pub. L. 84-
627, 70 Stat. 374).
(5) The Highway Revenue Act of 1956, as amended (Pub. L. 84-627, 70
Stat. 374, 387, 23 U.S.C.A. 120 note).
(6) The Alaska Omnibus Act, as amended (Pub. L. 86-70, 73 Stat.
141, 48 U.S.C.A. 21 note.).
[[Page 30831]]
(7) The Act of September 26, 1961, as amended (Pub. L. 87-307, 75
Stat. 670).
(8) The Act of April 27, 1962 (Pub. L. 87-441, 76 Stat. 59).
(9) The Federal-Aid Highway Act of 1962, as amended (Pub. L. 87-
866, 76 Stat. 1145).
(10) The Joint Resolution of August 28, 1965, as amended (Pub. L.
89-139, 79 Stat. 578, 23 U.S.C.A. 101 et seq., notes).
(11) The Highway Beautification Act of 1965, as amended (Pub. L.
89-285, 79 Stat. 1028, 23 U.S.C.A. 131 et seq., notes).
(12) The Federal-Aid Highway Act of 1966, as amended (Pub. L. 889-
574, 80 Stat. 766).
(13) The Federal-Aid Highway Act of 1968, as amended (Pub. L. 90-
495, 82 Stat. 815).
(14) The Federal-Aid Highway Act of 1970, as amended (except
section 118) (Pub. L. 91-605, 84 Stat. 1713).
(15) Sections 103, 104, 111(b), 128(b), 131, 135, 136, 141, 147,
149, 154, 158 through 161, 163, 203, 206, 401, and 402 of the Federal-
Aid Highway Act of 1973, as amended (Pub. L. 93-87, 87 Stat. 250; Pub.
L. 93-643, 88 Stat. 2281).
(16) Sections 102(b) (except subparagraph (2)) and (c); 105 (b)(1)
and (c); 141; 146; 147; and 152 of the Federal-Aid Highway Act of 1976
(Pub. L. 94-280, 90 Stat. 425).
(17) Sections 105, 107(c) through (e), 123(a) and (b), 124(c),
126(d) through (g), 138(c), 140, 142 through 145, 147 through 154, 167,
and 171, title IV, as amended (as it relates to matters within the
primary responsibility of the Federal Highway Administrator), and
sections 502-504 of title V of the Surface Transportation Assistance
Act of 1978 (Pub. L. 95-599, 92 Stat. 2689).
(18) The Federal-Aid Highway Act of 1982 (Pub. L. 97-327, 96 Stat.
1611), except section 6 as it relates to matters within the primary
responsibility of the Federal Transit Administrator.
(19) The Surface Transportation Assistance Act of 1982, as amended,
(Pub. L. 97-424, 96 Stat. 2097) except,
(i) Sections 165 and 531 as they relate to matters within the
primary responsibility of the Federal Transit Administrator;
(ii) Sections 105(f), 413; 414(b) (2); 421, 426, and title III; and
(iii) Section 414(b)(1), unless with the concurrence of the
National Highway Traffic Safety Administrator.
(20) Sections 103(e), 105(a) through (g), 106(a), and (b), 110(b),
114(d), 117(f), 120(c) and (d), 123(g) and (i), 133(f), 134, 136, 137,
139 through 145, 146(b), 147(c), 149(a) through (f), (h), (i), (k), 151
through 157, 164, and 208 of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Pub. L. 100-17, 101 Stat. 132).
(21) Sections 1002(c) and (e), 1003(c), 1004, 1006(h), 1009(c),
1012(b) and (d) through (f), 1013(c), 1014(c), 1015, 1016(g), 1017(c),
1021(c) and (d), 1022(c), 1023(f) through (g), 1029(c), (f), and (g),
1032(d) and (e), 1038 through 1042, 1044, 1045, 1046(d), 1047, 1049,
1050, 1051, 1054, 1057 through 1063, 1065, 1067, 1069, 1072, 1073,
1074, 1076, 1077, 1086, 1088 through 1092, 1097, 1099 through 1108,
6012, and 6014 through 6016 of the Intermodal Surface Transportation
Efficiency Act of 1991 (Pub. L. 102-240, 105 Stat. 1914).
(22) Sections 201 through 205, 327 through 336, 339, 340, 349, 352,
353, and 408 of the National Highway System Designation Act of 1995
(Pub. L. 104-59, 109 Stat. 568).
(23) Sections 1101(a), 1102, 1103(m) and (n), 1106(a) and (d),
1107(c), 1108(f) and (g), 1110(d)(2) and (e), 1112(c) and (e), 1117(a),
(b), and (d), 1118, 1119, 1202(b) and (e), 1204(i), 1207(c), 1210,
1211(i) and (l), 1212 (b), (e) through (j), (l), (m), (o), and (q)
through (t), 1213(c), and (f) through (j), 1214, 1215, 1216, 1217,
1220, 1223, 1224, 1225, 1307(d) through (f), 1308, 1309, 1311, 1402,
1511, 5001, 5112, 5116 through 5118, and 5203 through 5212 of the
Transportation Equity Act for the 21st Century (Pub. L. 105-178, 112
Stat. 107).
(24) Sections 1102, 1105(f), 1109(f), 1111(b)(4), 1112, 1115(c),
1116(a) and (b), 1117, 1119(n), 1120(c), 1201, 1301, 1302, 1303, 1304,
1305, 1306, 1308, 1310, 1401(e), 1402, 1403, 1404, 1405, 1408, 1409(a)
and (b), 1410, 1411, 1502, 1603, 1604, 1801 (d), 1803, 1804, 1805,
1807, 1808(g) through (k), 1907, 1908, 1910, 1911, 1914, 1916, 1917,
1918, 1919, 1923, 1924, 1925, 1927, 1928, 1934, 1935, 1936, 1937, 1939,
1940, 1941, 1943, 1944, 1945, 1948, 1949, 1950, 1952, 1957, 1958, 1959,
1961, 1962, 1964, 2003(e), 4112, 4141, 4404 (as it relates to matters
within the primary responsibility of the Federal Highway
Administrator), 5101(b), 5202(b)(3)(B), (c), and (d), 5203(e) and (f),
5204(g) and (i), 5304, 5305, 5306, 5307, 5308, 5309 (except (c)(4)),
5501, 5502, 5504, 5507, 5508, 5511, 5512, 5513(b), (f), (k), and (m)
(as (m) relates to (b), (f), and (k)), 5514, 6001(b), 6002(b), 6009(b)
and (c) (as they relate to matters within the primary responsibility of
the Federal Highway Administrator), 6010 (as it relates to matters
within the primary responsibility of the Federal Highway
Administrator), 6017, 6018, 10210, and 10212 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub.
L. 109-59, 119 Stat. 1144).
(d) The Federal Highway Administrator is delegated authority to:
(1) Carry out the functions vested in the Secretary of
Transportation by section 601 of the Pipeline Safety Act of 1992 (Pub.
L. 102-508, 106 Stat. 3289) relating to construction of the Page Avenue
Extension Project in Missouri.
(2) Carry out the functions of the Secretary under the Appalachian
Regional Development Act of 1965 (Pub. L. 89-4, 79 Stat. 5, 40 U.S.C.
Subtitle IV) except section 208.
(3) Carry out the Act of September 21, 1966, Public Law 89-599,
relating to certain approvals concerned with a compact between the
States of Missouri and Kansas.
(4) Carry out the law relating to the Chamizal border highway (Pub.
L. 89-795, 80 Stat. 1477).
(5) Carry out the Highway Safety Act of 1966, as amended (Pub. L.
89-564, 80 Stat. 731) and chapter 4 of title 23 U.S.C. as amended by
section 207 of the Surface Transportation Assistance Act of 1978 for
highway safety programs, research and development relating to highway
design, construction and maintenance, traffic control devices,
identification and surveillance of accident locations, and highway-
related aspects of pedestrian and bicycle safety.
(6) Exercise the authority vested in the Secretary by 49 U.S.C.
20134(a) with respect to the laws administered by the Federal Highway
Administrator pertaining to highway safety and highway construction.
(7) Carry out the functions vested in the Secretary by section 5
(as it relates to bridges, other than railroad bridges, not over
navigable waters), and section 8(a) (as it relates to all bridges other
than railroad bridges) of the International Bridge Act of 1972 (Pub. L.
92-434, 86 Stat. 731).
(8) Exercise the authority vested in the Secretary by sections 101,
118, 120(b), 123 and 124 of the Federal-Aid Highway Amendments of 1974
(Pub. L. 93-643, January 4, 1975, 88 Stat. 2281).
(9) Carry out the functions vested in the Secretary by section 118
of the National Visitor Center Facilities Act of 1968 (Pub. L. 90-264,
82 Stat. 43), as added by the Union Station Redevelopment Act of 1981
(Pub. L. 97-125; 95 Stat. 1672), with respect to the completion of the
parking facility and associated ramps at Union Station in Washington,
DC (40 U.S.C. 818).
(10) Carry out the functions vested in the Secretary by Public Law
98-229, 98 Stat. 55, insofar as it relates to apportioning certain
funds for construction of the Interstate Highway
[[Page 30832]]
System in Fiscal Year 1985, apportioning certain funds for Interstate
substitute highway projects, and increasing amounts available for
emergency highway relief.
(11) Prescribe regulations, as necessary, at parts 24 and 25 of
this title, to implement Public Law 91-646, 84 Stat. 1894, and any
amendments thereto, as appropriate, in coordination with the Assistant
Secretary for Transportation Policy, and carry out all other functions
vested in the Secretary by the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat.
1894, and any amendments thereto.
(12) Carry out the functions vested in the Secretary of
Transportation by section 114 of Part C of the Paperwork Reduction
Reauthorization Act of 1986 (contained in the Act Making Continuing
Appropriations for Fiscal Year 1987 and for Other Purposes, Public Law
99-591, 100 Stat. 3341, 2241-349), relating to construction of
Interstate Highway H-3 in Hawaii.
(13) Carry out all of the functions vested in the Secretary under
section 324 of the Fiscal Year 1986 Department of Transportation
Appropriations Act (Pub. L. 99-190, 99 Stat. 1288), notwithstanding the
reservation of authority under Sec. 1.44(j) of this part.
(14) Carry out the functions vested in the Secretary of
Transportation by section 505 of the Railroad Revitalization and
Regulatory Reform Act of 1976, as amended, (Pub. L. 94-210, 90 Stat.
31) relating to the Alameda Corridor Project in consultation with the
Federal Railroad Administrator.
(15) Carry out the function of acting as the lead DOT agency in
matters relating to the National Environmental Policy Act pertinent to
the authority vested in the Secretary to establish, operate, and manage
the Nationwide Differential Global Positioning System (NDGPS) by
section 346 of the Department of Transportation and Related Agencies
Appropriations Act, 1998 (Pub. L. 105-66, 111 Stat. 1425).
(16) Exercise the responsibilities of the Secretary under 49 U.S.C.
303 as it relates to matters within the primary responsibility of the
Federal Highway Administrator.
(17) Exercise the responsibilities of the Secretary under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other Federal laws related to programs, projects, and activities
administered by the Federal Highway Administration.
(18) Exercise the responsibilities of the Secretary under section
176(c) of the Clean Air Act (42 U.S.C. 7506(c)), as amended by section
6011 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (Pub. L. 109-59, 119 Stat. 1144), as it
relates to matters within the primary responsibility of the Federal
Highway Administrator.
(19) Exercise the responsibilities of the Secretary under 49 U.S.C.
309.
0
7. Amend Sec. 1.49 as follows:
0
a. Revise paragraph (ee); and
0
b. Add paragraphs (mm) and (nn) to read as follows:
Sec. 1.49 Delegations to Federal Railroad Administrator.
* * * * *
(ee) Carry out the functions vested in the Secretary by section
5701 of title 49 of the United States Code, with respect to
transportation by railroad.
* * * * *
(mm) Carry out the functions and exercise the authority vested in
the Secretary by sections 1307, 1946, 9004, 9006, and 9007 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (Pub. L. No. 109-59, 119 Stat. 1144) as they relate to
deployment of magnetic levitation transportation projects, the Gateway
Rural Improvement Pilot Program, a study of the impact of public safety
of train travel in communities without grade separation, capital grants
to the Alaska Railroad, and a study of rail transportation and
regulation.
(nn) Carry out the functions and exercise the authority vested in
the Secretary by section 20154 of title 49, United States Code relating
to capital grants for rail line relocation projects.
0
8. In Sec. 1.50, add paragraph (p) to read as follows:
Sec. 1.50 Delegations to the National Highway Traffic Safety
Administrator.
* * * * *
(p) Carry out the functions and exercise the authority vested in
the Secretary under the ``Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users'' or ``SAFETEA-LU'' (Pub.
L. 109-59; August 10, 2005), as it relates to:
(1) Section 1906, the grant program to prohibit racial profiling;
(2) Section 2001(d), transfers;
(3) Section 2003(c), on-scene motor vehicle collision causation;
(4) Section 2003(d), research on distracted, inattentive, and
fatigued drivers;
(5) Section 2003(f), refusal of intoxication testing;
(6) Section 2003(g), impaired motorcycle driving;
(7) Section 2003(h), reducing impaired driving recidivism;
(8) Section 2009(f), annual evaluation, in regard to high
visibility enforcement program;
(9) Section 2010, motorcyclist safety;
(10) Section 2011, child safety and child booster seat incentive
grants;
(11) Section 2012, safety data;
(12) Section 2013, drug-impaired driving enforcement;
(13) Section 2014, first responder vehicle safety program;
(14) Section 2015, driver performance study;
(15) Section 2016, rural state emergency medical services
optimization pilot program;
(16) Section 2017, older driver safety; law enforcement training;
(17) Section 5513(e), automobile accident injury research;
(18) Section 5513(m) as it relates to section 513(e);
(19) Section 10202, emergency medical services;
(20) Section 10302, side-impact crash protection rulemaking;
(21) Section 10303, tire research;
(22) Section 10305(b), publication of nontraffic incident data
collection;
(23) Section 10306, study of safety belt use technologies;
(24) Section 10307(b), regulations, in regard to safety labeling
requirements;
(25) Section 10308, power window switches; and
(26) Section 10309(a), testing, in regard to 15-passenger van
safety.
0
9. Amend Sec. 1.51 as follows:
0
a. Remove paragraphs (f), (g), (h), (j), (k), (l), (m), and (n);
0
b. Redesignate paragraph (i) as paragraph (f);
0
c. Revise paragraphs (a) and (b); and
0
d. Add new paragraphs (g), (h), and (i) to read as follows:
Sec. 1.51 Delegations to Federal Transit Administrator.
* * * * *
(a) The Urban Mass Transportation Act of 1964, as amended (78 Stat.
302, 49 U.S.C. 1601 et seq.).
(b) Section 1 of Reorganization Plan No. 2 of 1968 (5 U.S.C. app.
1).
* * * * *
(f) Title II of the National Mass Transportation Assistance Act of
1974 (Pub. L. 93-503, November 26, 1974), except sections 204 and 205.
(g) Title 49 United States Code, chapter 53 as amended by the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) (Pub. L. 109-59, August 10, 2005).
(h) 49 U.S.C. 303 as it involves public (mass) transportation
projects.
(i) Sections 3040, 3041, 3044, 3045, 3046, 3048, 3049, and 3050 of
the Safe,
[[Page 30833]]
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (Pub. L. 109-59, 119 Stat.1144); sections 6009 (b) and (c)
and 6010 of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users as they relate to public (mass) transit
projects; and the following provisions as amended by SAFETEA-LU and as
related to public (mass) transportation projects:
(1) 23 U.S.C. 139, 326, and 502(h); and
(2) 42 U.S.C. 7506(c).
0
10. Amend Sec. 1.53 as follows:
0
a. Remove paragraph (d);
0
b. Redesignate paragraph (e) as paragraph (d); and
0
c. Revise paragraph (b) introductory text and (b)(1) to read as
follows:
Sec. 1.53 Delegations to the Administrator of the Pipeline and
Hazardous Materials Safety Administration.
* * * * *
(b) * * *
(1) Carry out the functions vested in the Secretary by 49 U.S.C.
5121(a), (b), (c), (d) and (e), 5122, 5123, and 5124 relating to
investigations, records, inspections, emergency orders, penalties, and
specific relief, with particular emphasis on the shipment of hazardous
materials and the manufacture, fabrication, marking, maintenance,
reconditioning, repair or test of multi-modal containers that are
represented, marked, certified, or sold for use in the transportation
of hazardous materials.
* * * * *
0
11. Amend Sec. 1.73 as follows:
0
a. Revise paragraph (a)(7), (8), and (9);
0
b. Revise paragraphs (g) and (h); and
0
c. Add paragraphs (q) through (y) to read as follows:
Sec. 1.73 Delegation to the Administrator of the Federal Motor
Carrier Safety Administration.
* * * * *
(a) * * *
(7) Chapter 145, sections 14501, 14502, 14504 and 14504a relating
to Federal-State relations;
(8) Chapter 147, sections 14701 through 14708, 14710, and 14711,
relating to enforcement remedies, investigations and motor carrier
liability; and
(9) Chapter 149, sections 14901 through 14913, and 14915, relating
to enforcement remedies, investigations and motor carrier liability.
* * * * *
(g) Carry out the functions vested in the Secretary by subchapters
I, III, and IV of chapter 311, title 49, U.S.C., relating to commercial
motor vehicle programs, safety regulation, and international
activities, except that the authority to promulgate safety standards
for commercial motor vehicles and equipment subsequent to initial
manufacture is limited to standards that are not based upon and similar
to a Federal Motor Vehicle Safety Standard promulgated under chapter
301 of title 49, U.S.C.
(h) Carry out the functions vested in the Secretary by 49 U.S.C.
5701 relating to food transportation inspections of commercial motor
vehicles; and 5113 and 31144 relating to safety fitness of owners and
operators.
* * * * *
(q) Carry out the functions vested in the Secretary by Public Law
109-59, 119 Stat. 1717, section 4105(b)(1) relating to the study
concerning predatory tow truck operations.
(r) Carry out the functions vested in the Secretary by Public Law
109-59, 119 Stat. 1738, section 4126 relating to the commercial vehicle
information systems and networks program.
(s) Carry out the functions vested in the Secretary by Public Law
109-59, 119 Stat. 1742, section 4128 relating to grants under the
safety data improvement program.
(t) Carry out the functions vested in the Secretary by Public Law
109-59, 119 Stat. 1744, section 4134 relating to the grant program for
persons to train operators of commercial motor vehicles.
(u) Carry out the functions vested in the Secretary by Public Law
109-59, 119 Stat. 1744, section 4135 relating to the task force
concerning commercial drivers license program.
(v) Carry out the functions vested in the Secretary by Public Law
109-59, 119 Stat. 1744, section 4139(a) and (b)(1) relating to the
training and outreach to state personnel and a review concerning
Canadian and Mexican commercial motor vehicles respectively.
(w) Carry out the functions vested in the Secretary by Public Law
109-59, 119 Stat. 1759, section 4213 relating to the establishment of a
working group for development of practices and procedures to enhance
Federal-State relations.
(x) Carry out the functions vested in the Secretary by Public Law
109-59, 119 Stat. 1821, section 5503 relating to the motor carrier
efficiency study.
(y) Carry out the functions vested in the Secretary by Public Law
109-59, 119 Stat. 1829, sections 5513(a) and (m), relating to the
research grant for a thermal imaging inspection system demonstration
project.
0
12. Revise Sec. 1.74 to read as follows:
Sec. 1.74 Delegations to the Under Secretary for Transportation
Policy.
The Under Secretary for Transportation Policy is delegated
authority:
(a) Under the Federal hazardous materials transportation law, 49
U.S.C. 5101 et seq., to:
(1) Serve as the principal adviser to the Secretary on all
intermodal and cross-modal hazardous materials matters;
(2) Act as the focal point for review of hazardous materials
policies, priorities, and objectives;
(3) Provide oversight for planning and budgeting strategies for all
departmental hazardous materials activities;
(4) Resolve disputes among Operating Administrations on hazardous
materials issues;
(5) Provide external reviews and continual monitoring of all
departmental hazardous materials activities;
(6) In coordination with the Assistant Secretary for Budget and
Programs, direct that the Operating Administrations apply resources to
specific cross-modal initiatives;
(7) Coordinate DOT-wide hazardous materials outreach and data
activities; and
(8) Address other regulatory and programmatic cross-modal issues
related to hazardous materials as warranted.
(b) Carry out the functions and exercise the authority vested in
the Secretary by section 11143 of Public Law 109-59, Stat. 1144, titled
``Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users'' to manage the day-to-day activities associated with
implementation of section 11143 regarding tax-exempt financing of
highway projects and rail-truck facilities. The Under Secretary of
Transportation for Policy may further delegate this authority.
Issued this 16th day of May, 2006, at Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 06-4854 Filed 5-30-06; 8:45 am]
BILLING CODE 4910-62-P
