[Federal Register: June 12, 2003 (Volume 68, Number 113)]
[Rules and Regulations]
[Page 35183-35184]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12jn03-13]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[Docket Number: OST-1999-6189]
RIN 9991-AA38
Organization and Delegation of Powers and Duties; Secretarial
Succession
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: This amendment will revise the order of Secretarial succession
for the Department, including changes due to recent legislation.
EFFECTIVE DATE: June 12, 2003.
FOR FURTHER INFORMATION CONTACT: Bonnie Angermann-Stucker, Office of
the Assistant General Counsel for Environmental, Civil Rights, and
General Law, Department of Transportation, 400 Seventh Street, SW.,
Room 10102, Washington, DC 20590; Telephone: (202) 366-9166.
SUPPLEMENTARY INFORMATION: In 49 CFR 1.26, the order of succession to
act as Secretary of Transportation is set forth as follows: The Deputy
Secretary, General Counsel, Assistant Secretary for Budget and
Programs, Assistant Secretary for Governmental Affairs, Assistant
Secretary for Transportation Policy, Assistant Secretary for Aviation
and International Affairs, Assistant Secretary for Administration,
Associate Deputy Secretary, Under Secretary of Transportation for
Security, Federal Aviation Administrator, Federal Aviation
Administration Regional Administrator, Southwest Region, Federal
Aviation Administration Regional Administrator, Great Lakes Region.
Section 102(e) of title 49, United States Code, authorizes the
Secretary to prescribe the order of succession for the Department's
Assistant Secretaries and the General Counsel. Section 215 of the
Maritime Transportation Security Act of 2002 amended section 102 of
title 49, United States Code, by creating the position of Under
Secretary of Transportation for Policy, who is designated to act for
the Secretary when the Secretary and the Deputy Secretary are absent or
unable to serve, or when the offices of Secretary and Deputy Secretary
are vacant. Section 215(c) also amends section 102(g) of title 49,
United States Code, as redesignated by section 215(a)(1), by deleting
the position of Associate Deputy Secretary, on the date that an
individual is appointed to the position of Under Secretary of
Transportation for Policy. Section 403 of the Homeland Security Act of
2002 transfers the functions of the Transportation Security
Administration, including the duties and responsibilities of the Under
Secretary of Transportation for Security, from the Department of
Transportation to the Department of Homeland Security. We are updating
our Secretarial Order of Succession to reflect these statutory changes
as well as recent Secretarial decisions concerning the order of
succession for Assistant Secretaries of Transportation.
Since this amendment relates to Departmental management,
procedures, and practice, notice and comment on this rule are
unnecessary under 5 U.S.C. 553(b)(3)(A). In addition, the Secretary
finds that there is good cause to make this rule effective upon
publication pursuant to 5 U.S.C. 553(d)(2), as a change to internal
policy.
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
The final rule is not considered a significant regulatory action
under Executive Order 12866 and the Regulatory Policies and Procedures
of the Department of Transportation (44 FR 11034). There are no costs
associated with this rule.
B. Executive Order 13132
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132, dated August 4, 1999. This
final rule does not have a substantial direct effect on, or sufficient
federalism implications for, the States, nor would it limit the
policymaking discretion of
[[Page 35184]]
the States. Therefore, the consultation and funding requirements do not
apply.
C. Executive Order 13084
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not significantly or uniquely affect the communities of the Indian
tribal governments and does not impose substantial direct compliance
costs, the funding and consultation requirements of Executive Order
13084 do not apply.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. I hereby
certify this final rule, which amends the CFR to reflect a delegation
of authority from the Secretary to the FMCSA Administrator and to the
Undersecretary of Transportation for Security, will not have a
significant economic impact on a substantial number of small
businesses.
E. Paperwork Reduction Act
This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
F. Unfunded Mandates Reform Act
The Department has determined that the requirements of Title II of
the Unfunded Mandates Reform Act of 1995 do not apply to this
rulemaking.
List of Subjects in 49 CFR Part 1
Authority delegations (Government agencies), Organization and
functions (Government agencies).
0
In consideration of the foregoing, Part 1 of Title 49, Code of Federal
Regulations, is amended as follows:
PART 1--[AMENDED]
0
1. The authority citation for Part 1 is revised to read as follows:
Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31
U.S.C. 3711(a)(2); Pub. L. 101-552, 104 Stat. 2736; Pub. L. 106-159,
113 Stat. 1748; Pub. L. 107-71, 115 Stat. 597; Pub. L. 107-295, 116
Stat. 2064 (2002); Pub L. 107-296, 116 Stat. 2135 (2002).
0
2. In Sec. 1.26 remove paragraphs (a)(2) through (a)(12) and add
paragraphs (a)(2) through (a)(11) to read as follows:
Sec. 1.26 Secretarial succession.
(a) * * *
(2) Under Secretary of Transportation for Policy.
(3) General Counsel.
(4) Assistant Secretary for Aviation and International Affairs.
(5) Assistant Secretary for Transportation Policy.
(6) Assistant Secretary for Budget and Programs.
(7) Assistant Secretary for Governmental Affairs.
(8) Assistant Secretary for Administration.
(9) Federal Aviation Administrator.
(10) Federal Aviation Administration Regional Administrator,
Southwest Region.
(11) Federal Aviation Administration Regional Administrator, Great
Lakes Region.
* * * * *
Issued this 28th day of May, 2003, in Washington, DC.
Norman Y. Mineta,
Secretary of Transportation.
[FR Doc. 03-14697 Filed 6-11-03; 8:45 am]
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