Organization and Delegation of Powers and Duties in the Transportation Acquisition Regulation, 54626-54627 [2014-21673]

Agencies

• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary

[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Rules and Regulations]
[Pages 54626-54627]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21673]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

48 CFR Parts 1201 and 1202

[Docket No. OST-2014-0119]
RIN 2105-AE34


Organization and Delegation of Powers and Duties in the 
Transportation Acquisition Regulation

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Final rule.

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SUMMARY: This rule amends the Transportation Acquisition Regulation 
(TAR) to reflect the elevation of the Research and Innovative 
Technology Administration into the Office of the Secretary, creating 
the Office of the Assistant Secretary for Research and Technology. The 
amendment to TAR allows the Assistant Secretary for Research and 
Technology to have the same authority as the former Research and 
Innovative Technology Administrator. The change provides the Office of 
the Assistant Secretary for Research and Technology (formerly the 
Research and Innovative Technology Administration) the same authority 
as an Operating Administration, and provides the Assistant Secretary 
for Research and Technology to have the same authority as a Head of an 
Operating Administration.

DATES: This rule is effective September 12, 2014.

FOR FURTHER INFORMATION CONTACT: Lenita Ahmadi, Office of the Senior 
Procurement Executive, M-61, 1200 New Jersey Ave. SE., Washington, DC 
20950, (202) 366-4974.

SUPPLEMENTARY INFORMATION: This final rule reflects changes made in 
Public Law 113-76, Division L, Title I--Department of Transportation, 
which states, ``Notwithstanding section 102 of title 49 and section 
5315 of title 5, United States Code, there shall be an Assistant 
Secretary for Research and Technology within the Office of the 
Secretary, appointed by the President with the advice and consent of 
the Senate, to lead such office: Provided further, that any reference 
in law, regulation, judicial proceedings, or elsewhere to the Research 
and Innovative Technology Administration shall be deemed to be a 
reference to the Office of the Assistant Secretary for Research and 
Technology of the Department of Transportation.'' Accordingly, the 
Transportation Acquisition Regulation (TAR) has been revised to update 
references of the Research and Innovative Technology Administration to 
references of the Assistant Secretary for Research and Technology. This 
rule also provides for the Assistant Secretary for Research and 
Technology to have the same authority under TAR as the former Research 
and Innovative Technology Administrator.

A. Background

    The U.S. Department of Transportation (DOT) has determined that 
changes to TAR are necessary to implement and align it with the 
Consolidated Appropriations Act, 2014. These changes are necessary in 
order to update references to the Research and Innovative Technology 
Administration (RITA) by replacing them with references to the Office 
of the Assistant Secretary for Research and Technology (OST-R). The 
changes are also necessary to ensure that the Assistant Secretary of 
OST-R continues to exercise the same authority under TAR as the 
Administrator of the former RITA.

B. Public Participation

    This final rule does not impose new substantive requirements. It 
simply updates the CFR to reflect changes made by other law and 
represent the current organizational posture of the Department with 
regard to the Office of the Assistant Secretary for Research and 
Technology. The final rule is ministerial in nature and relates only to 
Departmental management, procedure, and practice. Therefore, the 
Department has determined that notice and comment are unnecessary and 
that the rule is exempt from prior notice and comment requirements 
under 5 U.S.C. 553(b)(3)(A). This rule will not have a substantive 
impact on the public, as it is purely organizational. Therefore, the 
Department finds that there is good cause under 5 U.S.C. 553(d)(3) to 
make this rule effective less than 30 days after publication in the 
Federal Register.

C. Regulatory Analysis and Notices

1. Executive Order 12866 (Regulatory Planning and Review), Executive 
Order 13563 (Improving Regulation and Regulatory Review), and DOT 
Regulatory Policies and Procedures

    The DOT has considered the impact of this rulemaking action under 
Executive Orders 12866 and 13563 (January 18, 2011, ``Improving 
Regulation and Regulatory Review''), and the DOT's regulatory policies 
and procedures (44 FR 11034; February 26, 1979). The Department has 
determined that this rule is not a significant regulatory action, and 
therefore, was not subject to review by the Office of Management and 
Budget under Executive Order 12866. There are no costs associated with 
this rule. The rule updates references to RITA to reflect its elevation 
into the Office of the Secretary as OST-R.

2. Executive Order 13132 (Federalism)

    The Department has analyzed this final rule under the principals 
and criteria contained in Executive Order 13132, dated August 4, 1999, 
and it has been determined that it 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 preparation of a Federalism Assessment is not necessary.

3. 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 (Pub. L. 96-354, 5 U.S.C. 601-612) do 
not apply. Even so, DOT has evaluated the effects of these changes on 
small entities and does not believe that this rule would impose any 
costs on small entities as it merely revises and clarifies TAR. 
Therefore, I hereby certify that this final rule does not have a 
significant

[[Page 54627]]

economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act.

4. National Environmental Policy Act

    The Department has analyzed the environmental impacts of this 
proposed action pursuant to the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and has determined that it is 
categorically excluded pursuant to DOT Order 5610.1C, Procedures for 
Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979). 
Categorical exclusions are actions identified in an agency's NEPA 
implementing procedures that do not normally have a significant impact 
on the environment and therefore do not require either an environmental 
assessment (EA) or environmental impact statement (EIS). See 40 CFR 
1508.4. In analyzing the applicability of a categorical exclusion, the 
Department must also consider whether extraordinary circumstances are 
present that would warrant the preparation of an EA or EIS. Id. 
Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the 
categorical exclusions for all DOT Operating Administrations. This 
action is covered by the categorical exclusion listed in the Federal 
Highway Administration's implementing procedures, ``[p]romulgation of 
rules, regulations, and directives.'' 23 CFR 771.117(c)(20). The 
purpose of this rulemaking is to update TAR regulations to make them 
consistent with current law and to provide clarifications. The agency 
does not anticipate any environmental impacts, and there are no 
extraordinary circumstances present in connection with this rulemaking.

5. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget for each collection of information they conduct, 
sponsor, or require through regulations. The DOT has determined that 
this action does not contain a collection of information requirement 
for the purposes of the PRA.

6. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4, 109 Stat. 48, March 22, 1995) requires Federal agencies to 
assess the effects of certain regulatory actions on State, local, and 
tribal governments, and the private sector. The UMRA requires a written 
statement of economic and regulatory alternatives for proposed and 
final rules that contain Federal mandates. A ``Federal mandate'' is a 
new or additional enforceable duty, imposed on any State, local, or 
tribal Government, or the private sector. If any Federal mandate causes 
those entities to spend, in aggregate, $143.1 million or more in any 
one year (adjusted for inflation), an UMRA analysis is required. This 
action would not impose Federal mandates on any State, local, or tribal 
governments or the private sector.

List of Subjects

48 CFR Part 1201

    Government procurement, Reporting and recordkeeping requirements.

48 CFR Part 1202

    Government procurement.

    This rule is issued this 28 day of August 2014, at Washington, 
DC, under authority delegated in 49 CFR 1.38a(a)(l).
Willie H. Smith,
Senior Procurement Executive.

    For the reasons set out in the preamble, 48 CFR Chapter 12 is 
amended as follows:

PART 1201--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
1. The authority citation for part 1201 is revised to read as follows:

    Authority: Pub. L. 113-76; 5 U.S.C. 301; 41 U.S.C. 418(b); (FAR) 
48 CFR 1.3.


0
2. Amend section 1201.104 by adding paragraph (e) to read as follows:


1201.104  Applicability.

* * * * *
    (e) For purposes of the (FAR), (TAR) and (TAM), the Office of the 
Assistant Secretary for Research and Technology (formerly the Research 
and Innovative Technology Administration; see Public Law 113-76; 
Consolidated Appropriations Act, 2014) shall have the same authority as 
an Operating Administration as defined in (TAR) 1202.1, and the 
Assistant Secretary for Research and Technology shall have the same 
authority as a Head of the Operating Administration as defined in (TAR) 
1202.1.

0
3. In section 1201.105-2, revise paragraph (a) to read as follows:


1201.105-2  Arrangement of regulations.

    (a) General. The (TAR) 48 CFR chapter 12, which encompasses both 
Department and Operating Administration (OA)/Office of the Assistant 
Secretary for Research and Technology (OST-R)-specific guidance (see 
(TAR) 48 CFR 1201.3), conforms with the arrangement and numbering 
system prescribed by (FAR) 48 CFR 1.104. Guidance that is OA/OST-R-
specific contains the OA/OST-R's acronym directly after the heading. 
The following acronyms apply:

FHWA--Federal Highway Administration
FMCSA--Federal Motor Carrier Safety Administration
FRA--Federal Railroad Administration
FTA--Federal Transit Administration
MARAD--Maritime Administration
NHTSA--National Highway Traffic Safety Administration
OST--Office of the Secretary OST-R--Office of the Assistant Secretary 
for Research and Technology
PHMSA--Pipeline and Hazardous Material Safety Administration
SLSDC--Saint Lawrence Seaway Development Corporation
* * * * *

PART 1202--DEFINITIONS OF WORDS AND TERMS

0
4. The authority citation for part 1202 is revised to read as follows:

    Authority:  Pub. L. 113-76; 5 U.S.C. 301; 41 U.S.C. 418b; (FAR) 
48 CFR 1.3.


0
5. In section 1202.1, in the definition of ``Operating Administration 
(OA),'' revise paragraph (10) to read as follows:


1202.1  Definitions.

* * * * *
    Operating Administration (OA) * * *
    (10) Office of the Assistant Secretary for Research and Technology 
(OST-R).
* * * * *
[FR Doc. 2014-21673 Filed 9-11-14; 8:45 am]
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