Organization and Delegation of Powers and Duties, 52751-52754 [E6-14802]
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Federal Register / Vol. 71, No. 173 / Thursday, September 7, 2006 / Rules and Regulations
alia, corrects a Federal Register
document (70 FR 76704, December 28,
2005). Previously, the FCC released a
Memorandum Opinion and Order,
which among other things amended the
rules governing dispute resolution
between licensees who must reconfigure
their systems to alleviate interference to
public safety communications in the
800 MHz band.
The Memorandum Opinion and Order
contained discrepancies between the
text of the order and the final rules in
§ 90.677 of the rules. In this document
we correct those discrepancies.
List of Subjects in 47 CFR Part 90
Communications.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Accordingly, 47 CFR part 90 is
corrected by making the following
correcting amendments:
I
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
1. The authority citation for part 90
continues to read as follows:
I
Authority: Sections 4(i), 11, 303(g), 303(r),
and 332(c)(7) of the Communications Act of
1934, as amended, 47 U.S.C. 154(i), 161,
303(g), 303(r), 332(c)(7).
2. Amend § 90.677, by revising
paragraph (d) to read as follows:
I
§ 90.677 Reconfiguration of the 806–824/
851–869 MHz band in order to separate
cellular systems from non-cellular systems.
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(d) Transition Administrator. (1) The
Transition Administrator, or other
mediator, shall attempt to resolve
disputes referred to it before the
conclusion of the mandatory negotiation
period as described in § 90.677(c)
within thirty working days after the
Transition Administrator has received a
submission by one party and a response
from the other party. Any party
thereafter may seek expedited nonbinding arbitration which must be
completed within thirty days of the
Transition Administrator’s, or other
mediator’s recommended decision or
advice. Should issues still remain
unresolved after mediation or
arbitration they shall be referred to the
Chief of the Public Safety and Critical
Infrastructure Division of the Wireless
Telecommunications Bureau within ten
days of the Transition Administrator’s
or other mediator’s advice, or if
arbitration has occurred, within ten
days of the completion of arbitration.
When referring an unresolved matter to
the Chief of the Public Safety and
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Critical Infrastructure Division, the
Transition Administrator shall forward
the entire record on any disputed issues,
including such dispositions thereof that
the Transition Administrator has
considered. Upon receipt of such record
and advice, the Commission will decide
the disputed issues based on the record
submitted. The authority to make such
decisions is delegated to the Chief of the
Public Safety and Critical Infrastructure
Division of the Wireless
Telecommunications Bureau who may
decide the disputed issue or designate it
for an evidentiary hearing before an
Administrative Law Judge. If the Chief
of the Public Safety and Critical
Infrastructure Division of the Wireless
Telecommunications Bureau decides an
issue, any party to the dispute wishing
to appeal the decision may do so by
filing with the Commission, within ten
days of the effective date of the initial
decision, a Petition for de novo review;
whereupon the matter will be set for an
evidentiary hearing before an
Administrative Law Judge. Any disputes
submitted to the Transition
Administrator after the conclusion of
the mandatory negotiation period as
described in § 90.677(c) shall be
resolved as described in § 90.677(d)(2).
(2) If no agreement is reached during
either the voluntary or mandatory
negotiating periods, all disputed issues
shall be referred to the Transition
Administrator, or other mediator, who
shall attempt to resolve them. If
disputed issues remain thirty working
days after the end of the mandatory
negotiation period, the Transition
Administrator shall forward the record
to the Chief of the Public Safety and
Critical Infrastructure Division, together
with advice on how the matter(s) may
be resolved. The Chief of the Public
Safety and Critical Infrastructure
Division is hereby delegated the
authority to rule on disputed issues, de
novo. If the Chief of the Public Safety
and Critical Infrastructure Division of
the Wireless Telecommunications
Bureau decides an issue, any party to
the dispute wishing to appeal the
decision may do so by filing with the
Commission, within ten days of the
effective date of the initial decision, a
Petition for de novo review; whereupon
the matter will be set for an evidentiary
hearing before an Administrative Law
Judge.
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[FR Doc. E6–14788 Filed 9–6–06; 8:45 am]
BILLING CODE 6712–01–P
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52751
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.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule revises
delegations of authority to carry out the
Federal hazardous material
transportation law, as amended by the
Hazardous Materials Transportation
Safety and Security Reauthorization Act
of 2005 (Title VII of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users or ‘‘SAFETEA–LU’’), and in
accordance with the Norman Y. Mineta
Research and Special Programs
Improvement Act, Public Law 108–426,
118 Stat. 2423 (November 30, 2004)
(Mineta Act) that were previously
published in 71 FR 30828 (May 31,
2006). This final rule also adds
delegations of authority to the Federal
Motor Carrier Safety Administration
(FMCSA) and the Research and
Innovative Technology Administration
(RITA) to carry out certain provisions of
SAFETEA–LU.
DATES: Effective Date: September 7,
2006.
FOR FURTHER INFORMATION CONTACT:
Rebecca S. Behravesh, 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
The Federal hazardous material
transportation law, 49 U.S.C. 5101 et
seq., and the regulations issued
thereunder apply to the transportation
of hazardous materials by air, railroad,
highway, and water. In 2004, the Mineta
Act established the Pipeline and
Hazardous Materials Safety
Administration (PHMSA) and RITA and
transferred Secretarial authorities
previously exercised by the Research
and Special Programs Administration
(RSPA) to PHMSA and RITA. While the
Secretary delegated authorities to
PHMSA and RITA under the Mineta
Act, the Mineta Act did not remove,
restrict, divest or restructure any
existing authority, including the
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Federal Register / Vol. 71, No. 173 / Thursday, September 7, 2006 / Rules and Regulations
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authority to regulate the transportation
of hazardous materials, that the Federal
Aviation Administration (FAA), Federal
Railroad Administration (FRA), and
FMCSA previously possessed.
Accordingly, certain authorities that
apply only to a single mode of
transportation were previously
delegated to a modal transportation
agency within DOT, and enforcement
authority was delegated to PHMSA and
the modal agencies: FAA, FRA, and
FMCSA.1
The Hazardous Materials
Transportation Safety and Security
Reauthorization Act of 2005, which is
Title VII of SAFETEA–LU, Public Law
109–59, 119 Stat. 1144, 1891 (Aug. 10,
2005), amended 49 U.S.C. 5121 to
provide additional authority to enforce
the Federal hazardous material
transportation law and the regulations
issued under that law. The delegations
of authority to FAA, FRA, and FMCSA
are being revised to reflect that
additional authority, which includes
inspecting, investigating, and opening
outer packages suspected of containing
hazardous materials; having suspected
hazardous materials tested; removing
from transportation in commerce
packages that may pose an imminent
hazard; issuing emergency orders
necessary to abate imminent hazards;
and defending the agency’s actions
before any administrative or
adjudicatory board proceedings related
to the agency’s implementation of this
additional inspection and enforcement
authority.
This rulemaking revises 49 CFR
1.47(j)(1), 1.49(s)(1), and 1.73(d)(1) to
reflect these delegations. In addition,
this final rule removes from these
provisions the parallel phrases ‘‘relating
to investigations, records, inspections,
penalties, and specific relief’’ and
‘‘including the manufacture, fabrication,
marking, maintenance, reconditioning,
repair or test of containers which are
represented, marked, certified, or sold
for use in the bulk transportation of
hazardous materials by [air, railroad,
and highway, respectively].’’ This
language simply describes the authority
conferred by 49 U.S.C. 5121
1 The United States Coast Guard also exercises
authority under the Federal hazardous material
transportation law under the authority previously
delegated to it when it was part of DOT. Under 6
U.S.C. 468(b) ‘‘the authorities, functions, personnel,
and assets of the Coast Guard * * * including the
authorities and functions of the Department of
Transportation relating thereto’’ were transferred to
the Department of Homeland Security (DHS). See
also 6 U.S.C. 551(d)(2) which provides that DHS
‘‘shall have all functions relating to the agency
[transferred to DHS] that any other official could by
law exercise in relation to the agency immediately
before such transfer.’’
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(administrative authority to conduct
inspections and investigations related to
the manufacture, fabrication, and
maintenance of packagings or containers
and the transportation of a hazardous
material in commerce); 5122 (civil
enforcement); 5123 (civil penalties); and
5124 (criminal penalties), and is being
deleted as superfluous. In the final rule
published on May 31, 2005, similar
superfluous language was removed from
the delegations to PHMSA in section
1.53(b)(1). See 71 FR 30828, 30833. The
removal of this language is intended to
simplify the regulatory text and does not
amend, change, modify, or revise the
underlying statutory authority that is
delegated to FAA, FRA, FMCSA, and
PHMSA. The authority to delegate the
inspection and enforcement authority in
the Federal hazardous material
transportation law in this manner is
conferred by 49 U.S.C. 108(g).
This rule also removes outdated 49
CFR 1.47(k), which essentially
duplicates the FAA’s authority in
§ 1.47(j)(1), but refers to the section
numbers of the inspection and
enforcement authority in the Federal
hazardous material transportation law
before the statute was recodified in
1994. See Public Law 103–272, 108 Stat.
745 (July 5, 1994). Existing subsection
1.49(s)(2) is also removed, and
subsection 1.49(s)(1) is redesignated
section 1.49(s), because the authorities
delegated in paragraph (2) are no longer
in effect: The rail transportation study
mandated in 49 U.S.C. 5105(b) has been
completed and was transmitted to
Congress in September 2005 and
Congress repealed 49 U.S.C. 5111 in
SAFETEA–LU. In addition, this rule
delegates to RITA and FMCSA authority
to carry out provisions of SAFETEA–
LU, beyond the delegations contained in
the final rule published in the Federal
Register on May 31, 2006. See 71 FR
30830, 30833.
This rule also revises 49 CFR 1.74(a)
to reflect the broad role and authority of
the Under Secretary for Transportation
Policy in all Departmental policy
matters. See 49 CFR 1.23(b). The Under
Secretary provides leadership in the
development of all transportation
policy, including, but not limited to,
matters involving hazardous materials
transportation and intermodal and
multimodal transportation. In this
capacity, the Under Secretary resolves
disputes among DOT’s Operating
Administrations on transportation
matters, provides oversight, review, and
coordination of policy functions carried
out by the Operating Administrations,
and performs all other functions
necessary to lead policy development
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and advise the Secretary concerning
transportation policy.
Because this rule relates to
departmental management,
organization, procedure, and practice,
notice and comment are unnecessary
under 5 U.S.C. 553(b). Further, this final
rule facilitates enforcement of the laws
and regulations covered by this
delegation. The Acting 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 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.
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Federal Register / Vol. 71, No. 173 / Thursday, September 7, 2006 / Rules and Regulations
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).
particular emphasis on the
transportation or shipment of hazardous
materials by railroad.
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I 6. Revise § 1.53(b) to read as follows:
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.
§ 1.53 Delegations to the Administrator of
the Pipeline and Hazardous Materials Safety
Administration.
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
continues 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.
2. Amend § 1.46 by adding new
paragraph (n) to read as follows:
I
§ 1.46 Delegations to the Administrator of
the Research and Innovative Technology
Administration.
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(n) Transportation research and
development strategic planning. Carry
out the function vested in the Secretary
by Section 5208 of Public Law 109–59,
119 Stat. 1144 (Aug. 10, 2005).
I 3–4. Revise § 1.47(j)(1) and remove
paragraph (k).
§ 1.47 Delegations to Federal Aviation
Administrator.
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(j)(1) Except as delegated by § 1.74(a),
carry out the functions vested in the
Secretary by 49 U.S.C. 5121(a), (b), (c),
and (d), 5122, 5123, and 5124, with
particular emphasis on the
transportation or shipment of hazardous
materials by air.
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I 5. Revise § 1.49(s) to read as follows:
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§ 1.49 Delegations to Federal Railroad
Administrator.
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(s) Except as delegated by § 1.74(a),
carry out the functions vested in the
Secretary by 49 U.S.C. 5121(a), (b), (c)
and (d), 5122, 5123, and 5124, with
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(b) Hazardous materials. Except as
delegated by § 1.74(a):
(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,
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; and
(2) Carry out the functions vested in
the Secretary by all other provisions of
the Federal hazardous material
transportation law (49 U.S.C. 5101 et
seq.) except as delegated by §§ 1.47(j)(2)
and 1.73(d)(2) of this chapter and by
paragraph 2(99) of Department of
Homeland Security Delegation No.
0170.
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I 7. Amend § 1.73 as follows:
I a. Revise paragraphs (a)(7) and (a)(9);
I b. Revise paragraph (d)(1);
I c. Revise paragraph (e);
I d. Revise paragraph (q); and
I e. Remove paragraphs (r) through (y).
The revisions read as follows:
§ 1.73 Delegations 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, and section
14506 relating to identification of
vehicles;
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(9) Chapter 149, sections 14901
through 14912 and 14915 relating to
civil and criminal penalties for
violations of 49 U.S.C. subtitle IV, part
B.
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(d)(1) Except as delegated by § 1.74(a),
carry out the functions vested in the
Secretary by 49 U.S.C. 5121(a), (b), (c),
and (d), 5122, 5123, and 5124, with
particular emphasis on the
transportation or shipment of hazardous
materials by highway.
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(e) Carry out the functions vested in
the Secretary by:
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52753
(1) 49 U.S.C. chapter 313 relating to
commercial motor vehicle operators,
including the requirement of section
31305(a)(5)(C) that States issue a
hazardous materials endorsement to a
commercial driver’s license only after
being informed pursuant to 49 U.S.C.
5103a that the applicant does not pose
a security risk warranting denial of the
license; and
(2) Section 4123(c), (d) and (e) of
Public Law 109–59, 119 Stat. 1735 (Aug.
10, 2005) relating to grants, funding, and
contract authority and availability,
respectively, for commercial driver’s
license information system
modernization.
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(q) Carry out the functions vested in
the Secretary by the following sections
of Public Law 109–59, 119 Stat. 1144
(Aug. 10, 2005):
(1) Section 4105(b)(1) relating to the
study concerning predatory tow truck
operations;
(2) Section 4126 relating to the
commercial vehicle information systems
and networks program;
(3) Section 4128 relating to grants
under the safety data improvement
program;
(4) Section 4129 relating to the
operation of commercial motor vehicles
by individuals who use insulin to treat
diabetes mellitus;
(5) Section 4130 relating to the
operators of vehicles transporting
agricultural commodities and farm
supplies;
(6) Section 4131 relating to the
maximum hours of service for operators
of ground water well drilling rigs;
(7) Section 4132 relating to hours of
service for operators of utility service
vehicles;
(8) Section 4133 relating to hours of
service rules for operators providing
transportation to movie production
sites;
(9) Section 4134 relating to the grant
program for persons to train operators of
commercial motor vehicles;
(10) Section 4135 relating to the task
force concerning commercial driver’s
license program;
(11) Section 4139(a)(1) relating to the
training of and outreach to State
personnel; section (b)(1) relating to a
review of Canadian and Mexican
compliance with Federal motor vehicles
safety standards; and the first sentence
of section (b)(2) relating to the report
concerning the findings and conclusions
of the review required by section (b)(1);
(12) Section 4146 relating to an hoursof-service exception during harvest
periods;
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Federal Register / Vol. 71, No. 173 / Thursday, September 7, 2006 / Rules and Regulations
(13) Section 4147 relating to
emergency conditions requiring
immediate response;
(14) Section 4213 relating to the
establishment of a working group for the
development of practices and
procedures to enhance Federal-State
relations;
(15) Section 4214 relating to
consumer complaint information;
(16) Section 5503 relating to the motor
carrier efficiency study; and
(17) Section 5513(a), under the
condition of section (m), relating to the
research grant for a thermal imaging
inspection system demonstration
project.
I 8. Amend § 1.74 introductory text and
paragraph (a) to read as follows:
§ 1.74 Delegations to the Under Secretary
for Transportation Policy.
The Under Secretary for
Transportation Policy is delegated
authority to:
(a) Lead the development of
transportation policy and serve as the
principal adviser to the Secretary on all
transportation policy matters.
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Issued this 24th day of August 2006, at
Washington, DC.
Maria Cino,
Acting Secretary of Transportation.
[FR Doc. E6–14802 Filed 9–6–06; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 060216044–6044–01; I.D.
090106A]
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
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AGENCY:
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS is prohibiting directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the 2006 Pacific
halibut bycatch allowance specified for
the deep-water species fishery in the
GOA.
Effective 1200 hrs, Alaska local
time (A.l.t.), September 5, 2006, through
1200 hrs, A.l.t., October 1, 2006.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2006 Pacific halibut bycatch
allowance specified for the deep-water
species fishery in the GOA is 800 metric
tons as established by the 2006 and
2007 harvest specifications for
groundfish of the GOA (71 FR 10870,
March 3, 2006).
In accordance with § 679.21(d)(7)(i),
the Administrator, Alaska Region,
NMFS, has determined that the 2006
Pacific halibut bycatch allowance
specified for the trawl deep-water
species fishery in the GOA has been
reached. Consequently, NMFS is
prohibiting directed fishing for the
deep-water species fishery by vessels
using trawl gear in the GOA.
The species and species groups that
comprise the deep-water species fishery
are all rockfish of the genera Sebastes
and Sebastolobus, deep-water flatfish,
DATES:
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rex sole, arrowtooth flounder, and
sablefish.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of the deep-water
species fishery by vessels using trawl
gear in the GOA. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of August 31, 2006.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 1, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–7491 Filed 9–1–06; 1:10 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 173 (Thursday, September 7, 2006)]
[Rules and Regulations]
[Pages 52751-52754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6]
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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
AGENCY: Office of the Secretary of Transportation (OST), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule revises delegations of authority to carry out
the Federal hazardous material transportation law, as amended by the
Hazardous Materials Transportation Safety and Security Reauthorization
Act of 2005 (Title VII of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users or ``SAFETEA-LU''), and
in accordance with the Norman Y. Mineta Research and Special Programs
Improvement Act, Public Law 108-426, 118 Stat. 2423 (November 30, 2004)
(Mineta Act) that were previously published in 71 FR 30828 (May 31,
2006). This final rule also adds delegations of authority to the
Federal Motor Carrier Safety Administration (FMCSA) and the Research
and Innovative Technology Administration (RITA) to carry out certain
provisions of SAFETEA-LU.
DATES: Effective Date: September 7, 2006.
FOR FURTHER INFORMATION CONTACT: Rebecca S. Behravesh, 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
The Federal hazardous material transportation law, 49 U.S.C. 5101
et seq., and the regulations issued thereunder apply to the
transportation of hazardous materials by air, railroad, highway, and
water. In 2004, the Mineta Act established the Pipeline and Hazardous
Materials Safety Administration (PHMSA) and RITA and transferred
Secretarial authorities previously exercised by the Research and
Special Programs Administration (RSPA) to PHMSA and RITA. While the
Secretary delegated authorities to PHMSA and RITA under the Mineta Act,
the Mineta Act did not remove, restrict, divest or restructure any
existing authority, including the
[[Page 52752]]
authority to regulate the transportation of hazardous materials, that
the Federal Aviation Administration (FAA), Federal Railroad
Administration (FRA), and FMCSA previously possessed. Accordingly,
certain authorities that apply only to a single mode of transportation
were previously delegated to a modal transportation agency within DOT,
and enforcement authority was delegated to PHMSA and the modal
agencies: FAA, FRA, and FMCSA.\1\
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\1\ The United States Coast Guard also exercises authority under
the Federal hazardous material transportation law under the
authority previously delegated to it when it was part of DOT. Under
6 U.S.C. 468(b) ``the authorities, functions, personnel, and assets
of the Coast Guard * * * including the authorities and functions of
the Department of Transportation relating thereto'' were transferred
to the Department of Homeland Security (DHS). See also 6 U.S.C.
551(d)(2) which provides that DHS ``shall have all functions
relating to the agency [transferred to DHS] that any other official
could by law exercise in relation to the agency immediately before
such transfer.''
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The Hazardous Materials Transportation Safety and Security
Reauthorization Act of 2005, which is Title VII of SAFETEA-LU, Public
Law 109-59, 119 Stat. 1144, 1891 (Aug. 10, 2005), amended 49 U.S.C.
5121 to provide additional authority to enforce the Federal hazardous
material transportation law and the regulations issued under that law.
The delegations of authority to FAA, FRA, and FMCSA are being revised
to reflect that additional authority, which includes inspecting,
investigating, and opening outer packages suspected of containing
hazardous materials; having suspected hazardous materials tested;
removing from transportation in commerce packages that may pose an
imminent hazard; issuing emergency orders necessary to abate imminent
hazards; and defending the agency's actions before any administrative
or adjudicatory board proceedings related to the agency's
implementation of this additional inspection and enforcement authority.
This rulemaking revises 49 CFR 1.47(j)(1), 1.49(s)(1), and
1.73(d)(1) to reflect these delegations. In addition, this final rule
removes from these provisions the parallel phrases ``relating to
investigations, records, inspections, penalties, and specific relief''
and ``including the manufacture, fabrication, marking, maintenance,
reconditioning, repair or test of containers which are represented,
marked, certified, or sold for use in the bulk transportation of
hazardous materials by [air, railroad, and highway, respectively].''
This language simply describes the authority conferred by 49 U.S.C.
5121 (administrative authority to conduct inspections and
investigations related to the manufacture, fabrication, and maintenance
of packagings or containers and the transportation of a hazardous
material in commerce); 5122 (civil enforcement); 5123 (civil
penalties); and 5124 (criminal penalties), and is being deleted as
superfluous. In the final rule published on May 31, 2005, similar
superfluous language was removed from the delegations to PHMSA in
section 1.53(b)(1). See 71 FR 30828, 30833. The removal of this
language is intended to simplify the regulatory text and does not
amend, change, modify, or revise the underlying statutory authority
that is delegated to FAA, FRA, FMCSA, and PHMSA. The authority to
delegate the inspection and enforcement authority in the Federal
hazardous material transportation law in this manner is conferred by 49
U.S.C. 108(g).
This rule also removes outdated 49 CFR 1.47(k), which essentially
duplicates the FAA's authority in Sec. 1.47(j)(1), but refers to the
section numbers of the inspection and enforcement authority in the
Federal hazardous material transportation law before the statute was
recodified in 1994. See Public Law 103-272, 108 Stat. 745 (July 5,
1994). Existing subsection 1.49(s)(2) is also removed, and subsection
1.49(s)(1) is redesignated section 1.49(s), because the authorities
delegated in paragraph (2) are no longer in effect: The rail
transportation study mandated in 49 U.S.C. 5105(b) has been completed
and was transmitted to Congress in September 2005 and Congress repealed
49 U.S.C. 5111 in SAFETEA-LU. In addition, this rule delegates to RITA
and FMCSA authority to carry out provisions of SAFETEA-LU, beyond the
delegations contained in the final rule published in the Federal
Register on May 31, 2006. See 71 FR 30830, 30833.
This rule also revises 49 CFR 1.74(a) to reflect the broad role and
authority of the Under Secretary for Transportation Policy in all
Departmental policy matters. See 49 CFR 1.23(b). The Under Secretary
provides leadership in the development of all transportation policy,
including, but not limited to, matters involving hazardous materials
transportation and intermodal and multimodal transportation. In this
capacity, the Under Secretary resolves disputes among DOT's Operating
Administrations on transportation matters, provides oversight, review,
and coordination of policy functions carried out by the Operating
Administrations, and performs all other functions necessary to lead
policy development and advise the Secretary concerning transportation
policy.
Because this rule relates to departmental management, organization,
procedure, and practice, notice and comment are unnecessary under 5
U.S.C. 553(b). Further, this final rule facilitates enforcement of the
laws and regulations covered by this delegation. The Acting 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 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.
[[Page 52753]]
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 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 continues 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. Amend Sec. 1.46 by adding new paragraph (n) to read as follows:
Sec. 1.46 Delegations to the Administrator of the Research and
Innovative Technology Administration.
* * * * *
(n) Transportation research and development strategic planning.
Carry out the function vested in the Secretary by Section 5208 of
Public Law 109-59, 119 Stat. 1144 (Aug. 10, 2005).
0
3-4. Revise Sec. 1.47(j)(1) and remove paragraph (k).
Sec. 1.47 Delegations to Federal Aviation Administrator.
* * * * *
(j)(1) Except as delegated by Sec. 1.74(a), carry out the
functions vested in the Secretary by 49 U.S.C. 5121(a), (b), (c), and
(d), 5122, 5123, and 5124, with particular emphasis on the
transportation or shipment of hazardous materials by air.
* * * * *
0
5. Revise Sec. 1.49(s) to read as follows:
Sec. 1.49 Delegations to Federal Railroad Administrator.
* * * * *
(s) Except as delegated by Sec. 1.74(a), carry out the functions
vested in the Secretary by 49 U.S.C. 5121(a), (b), (c) and (d), 5122,
5123, and 5124, with particular emphasis on the transportation or
shipment of hazardous materials by railroad.
* * * * *
0
6. Revise Sec. 1.53(b) to read as follows:
Sec. 1.53 Delegations to the Administrator of the Pipeline and
Hazardous Materials Safety Administration.
* * * * *
(b) Hazardous materials. Except as delegated by Sec. 1.74(a):
(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, 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; and
(2) Carry out the functions vested in the Secretary by all other
provisions of the Federal hazardous material transportation law (49
U.S.C. 5101 et seq.) except as delegated by Sec. Sec. 1.47(j)(2) and
1.73(d)(2) of this chapter and by paragraph 2(99) of Department of
Homeland Security Delegation No. 0170.
* * * * *
0
7. Amend Sec. 1.73 as follows:
0
a. Revise paragraphs (a)(7) and (a)(9);
0
b. Revise paragraph (d)(1);
0
c. Revise paragraph (e);
0
d. Revise paragraph (q); and
0
e. Remove paragraphs (r) through (y).
The revisions read as follows:
Sec. 1.73 Delegations 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, and section 14506 relating to
identification of vehicles;
* * * * *
(9) Chapter 149, sections 14901 through 14912 and 14915 relating to
civil and criminal penalties for violations of 49 U.S.C. subtitle IV,
part B.
* * * * *
(d)(1) Except as delegated by Sec. 1.74(a), carry out the
functions vested in the Secretary by 49 U.S.C. 5121(a), (b), (c), and
(d), 5122, 5123, and 5124, with particular emphasis on the
transportation or shipment of hazardous materials by highway.
* * * * *
(e) Carry out the functions vested in the Secretary by:
(1) 49 U.S.C. chapter 313 relating to commercial motor vehicle
operators, including the requirement of section 31305(a)(5)(C) that
States issue a hazardous materials endorsement to a commercial driver's
license only after being informed pursuant to 49 U.S.C. 5103a that the
applicant does not pose a security risk warranting denial of the
license; and
(2) Section 4123(c), (d) and (e) of Public Law 109-59, 119 Stat.
1735 (Aug. 10, 2005) relating to grants, funding, and contract
authority and availability, respectively, for commercial driver's
license information system modernization.
* * * * *
(q) Carry out the functions vested in the Secretary by the
following sections of Public Law 109-59, 119 Stat. 1144 (Aug. 10,
2005):
(1) Section 4105(b)(1) relating to the study concerning predatory
tow truck operations;
(2) Section 4126 relating to the commercial vehicle information
systems and networks program;
(3) Section 4128 relating to grants under the safety data
improvement program;
(4) Section 4129 relating to the operation of commercial motor
vehicles by individuals who use insulin to treat diabetes mellitus;
(5) Section 4130 relating to the operators of vehicles transporting
agricultural commodities and farm supplies;
(6) Section 4131 relating to the maximum hours of service for
operators of ground water well drilling rigs;
(7) Section 4132 relating to hours of service for operators of
utility service vehicles;
(8) Section 4133 relating to hours of service rules for operators
providing transportation to movie production sites;
(9) Section 4134 relating to the grant program for persons to train
operators of commercial motor vehicles;
(10) Section 4135 relating to the task force concerning commercial
driver's license program;
(11) Section 4139(a)(1) relating to the training of and outreach to
State personnel; section (b)(1) relating to a review of Canadian and
Mexican compliance with Federal motor vehicles safety standards; and
the first sentence of section (b)(2) relating to the report concerning
the findings and conclusions of the review required by section (b)(1);
(12) Section 4146 relating to an hours-of-service exception during
harvest periods;
[[Page 52754]]
(13) Section 4147 relating to emergency conditions requiring
immediate response;
(14) Section 4213 relating to the establishment of a working group
for the development of practices and procedures to enhance Federal-
State relations;
(15) Section 4214 relating to consumer complaint information;
(16) Section 5503 relating to the motor carrier efficiency study;
and
(17) Section 5513(a), under the condition of section (m), relating
to the research grant for a thermal imaging inspection system
demonstration project.
0
8. Amend Sec. 1.74 introductory text and paragraph (a) to read as
follows:
Sec. 1.74 Delegations to the Under Secretary for Transportation
Policy.
The Under Secretary for Transportation Policy is delegated
authority to:
(a) Lead the development of transportation policy and serve as the
principal adviser to the Secretary on all transportation policy
matters.
* * * * *
Issued this 24th day of August 2006, at Washington, DC.
Maria Cino,
Acting Secretary of Transportation.
[FR Doc. E6-14802 Filed 9-6-06; 8:45 am]
BILLING CODE 4910-9X-P
