[Federal Register: August 12, 2002 (Volume 67, Number 155)]
[Rules and Regulations]
[Page 52418-52419]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au02-15]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
49 CFR Part 1
[OST Docket No. OST 1999-6189]
RIN 9991-AA26
Organization and Delegation of Powers and Duties; Delegation to
the Federal Highway Administrator
AGENCY: Office of the Secretary, U.S. DOT.
ACTION: Final rule.
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SUMMARY: In this action, the Secretary of Transportation delegates to
the Federal Highway Administrator limited authority to determine a
Federal share of the costs, other than 80 percent, for Federal Highway
Administration (FHWA) transportation research projects or activities
that are funded under section 5001 of the Transportation Equity Act for
the 21st Century (TEA-21). The Federal Highway Administrator is
delegated this authority only with respect to the use of section
5001(b) funds for FHWA projects and activities, and exercises no
authority with regard to cost share determinations with respect to
projects or activities administered by the other U.S. Department of
Transportation operating administrations. This delegation of authority
is necessary because the Federal Highway Administration has the
expertise and staff to administer the Highway Research Program and to
make funding decisions in accordance with the statutory requirements.
The Federal Highway Administrator may further redelegate this
authority.
EFFECTIVE DATE: This rule is effective August 12, 2002.
FOR FURTHER INFORMATION CONTACT: Wilbert Baccus, Office of the Chief
Counsel (HCC-40), Federal Highway Administration, 400 Seventh Street,
SW., Washington, DC 20590. Telephone: (202) 366-0780.
[[Page 52419]]
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Background
Section 5001 of the Transportation Equity Act for the 21st Century
(TEA-21), Public Law 105-178, 112 Stat. 107, 419, Authorizations and
Appropriations, provides funding for transportation research authorized
to be appropriated out of the Highway Trust Fund. Subsection 5001(a)
provides for sums that are authorized be appropriated for seven
categories of transportation research and subsection 5001(b) provides
that these funds shall be available for obligation in the same manner
as if such funds were apportioned under chapter 1 of title 23, United
States Code. Subsection 5001(b) also states that the Federal share of
the cost of the project or activity carried out using these funds shall
be 80 percent, unless otherwise expressly provided in title 5 of the
TEA-21 or otherwise determined by the Secretary with respect to a
project or activity.
In this action, the Secretary delegates to the Federal Highway
Administrator the authority to determine a Federal share of the costs,
other than 80 percent, for FHWA transportation research projects or
activities that are funded under section 5001 of TEA-21. The Federal
Highway Administrator is delegated this authority only with respect to
the use of section 5001(b) funds for FHWA projects and activities, and
exercises no authority with regard to cost share determinations with
respect to projects or activities administered by the other U.S.
Department of Transportation operating administrations. The reason for
the delegation is that the FHWA has the expertise and staff to carry
out these programs and make funding decisions according to the
statutory requirements. The FHWA's Office of Acquisition Management
approves the cooperative agreements to which this cost sharing
provision applies. Additionally, the FHWA works with the smaller
entities, such as not-for-profit organizations and universities, on a
regular basis and is familiar with which organizations have the ability
to cost share and which ones do not.
Notice and Comment Exemption
Since this rule relates to Departmental organization, procedure,
and practice, notice and comment are unnecessary under 5 U.S.C. 553(b).
Justification for Immediate Adoption
Certain programs and activities are to be conducted over the course
of a given fiscal year, and this delegation of authority assists the
FHWA in ensuring the use of those funds during that year for
transportation research. This amendment enhances the FHWA's ability to
meet statutory deadlines in order that funds do not lapse. Since the
rule expedites the Federal Highway Administration's ability to
administer the Highway Research Program, 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.
List of Subjects in 49 CFR Part 1
Authority delegations (Government agencies), Organization and
functions (Government agencies).
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:
Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31
U.S.C. 3711(a)(2); Pub. L. 101-552, 104 Stat. 2736; Pub. L. 106-159,
113 Stat. 1748.
2. In Sec. 1.48, add paragraph (oo) to read as follows:
Sec. 1.48 Delegations to Federal Highway Administrator.
* * * * *
(oo) Exercise the authority vested in the Secretary by subsection
5001(b) of the Transportation Equity Act for the 21st Century (TEA-21),
Public Law 105-178, 112 Stat. 107, 420, titled Applicability of Title
23, United States Code to determine a Federal share of the costs, other
than 80 percent, for a transportation research project or activity
administered by the FHWA that is funded under section 5001 of TEA-21.
This authority may be redelegated.
Issued on this 29th day of July, 2002.
Norman Y. Mineta,
Secretary, U.S. Department of Transportation.
[FR Doc. 02-20000 Filed 8-9-02; 8:45 am]
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