[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Rules and Regulations]
[Pages 33326-33330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12108]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Parts 201, 204, 205, 211, 212, 213, 217, 241, 243, 291, 298,
325, 330, 331, and 382
49 CFR Parts 1, 7, 10, 24, 26, 31, 37, and 40
[Docket DOT-OST-2008-0173]
RIN 2105-AD74
OST Technical Corrections
AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).
ACTION: Final rule.
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SUMMARY: DOT is amending a number of its regulations to reflect
reorganization of some elements of DOT and the move of DOT's
Headquarters site in Washington, DC. This action is taken on DOT's
initiative.
DATES: Effective Date June 12, 2008.
FOR FURTHER INFORMATION CONTACT: Robert I. Ross, Office of the General
Counsel, C-60, Room W96-314, Department of Transportation, 1200 New
Jersey Avenue, SE., Washington, DC 20590; telephone 202.366.9156;
telecopier 202.366.9170; e-mail: bob.ross@dot.gov, or Joanne Petrie,
Office of the General Counsel, C-50, Department of Transportation, 1200
New Jersey Avenue, SE., Washington, DC 20590; telephone 202.366.9315;
telecopier 202.366.9313; e-mail: joanne.petrie@dot.gov.
SUPPLEMENTARY INFORMATION: Since its organizational, Freedom of
Information Act (FOIA), and Privacy Act regulations were last revised,
DOT has undergone a number of changes that make some parts of those
regulations incorrect:
1. Establishment of the Department of Homeland Security (DHS) moved
the United States Coast Guard and the Transportation Security
Administration from DOT to DHS.
2. Pursuant to the Federal Motor Carrier Safety Act and the Norman
Mineta Research and Innovative Technology Act, certain elements of DOT
were reorganized.
3. DOT moved its Headquarters in Washington, DC to a new site.
4. A minor reorganization in the Office of the DOT General Counsel
transferred oversight responsibility for FOIA to a new division.
5. The Chief Information Officer has replaced the Assistant
Secretary for Administration as the DOT Chief Privacy Officer.
This publication makes corrections to the OST regulations to
reflect these organizational and functional changes. In addition, it
corrects the DOT headquarters address throughout OST's regulations.
Since this amendment relates to departmental management,
organization, procedure, and practice, notice and comment are
unnecessary under 5 U.S.C. 553(b). Further, since the amendment merely
makes technical corrections and updates, I find 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 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 DOT Regulatory Policies and Procedures
(44 FR 11034). It was not reviewed by the Office of Management and
Budget. 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 and
makes other nonsubstantive corrections. 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 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 of Transportation 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
14 CFR Part 201
Air carriers, Reporting and recordkeeping requirements.
14 CFR Part 204
Air carriers, Reporting and recordkeeping requirements.
14 CFR Part 205
Air carriers, Freight, Insurance, Reporting and recordkeeping
requirements.
14 CFR Part 211
Administrative practice and procedure, Air carriers, Pacific
Islands Trust Territory, Reporting and recordkeeping requirements.
14 CFR Part 212
Charter flights, Confidential business information, Reporting and
recordkeeping requirements, Surety bonds.
14 CFR Part 213
Air carriers, Reporting and recordkeeping requirements.
14 CFR Part 217
Air carriers, Reporting and recordkeeping requirements.
14 CFR Part 241
Air carriers, Reporting and recordkeeping requirements, Uniform
System of Accounts.
[[Page 33327]]
14 CFR Part 243
Air carriers, Aircraft, Charter flights, Reporting and
recordkeeping requirements.
14 CFR Part 291
Administrative practice and procedure, Air carriers, Freight,
Reporting and recordkeeping requirements.
14 CFR Part 298
Air taxis, Reporting and recordkeeping requirements.
14 CFR Part 325
Administrative practice and procedure, Air transportation,
Intergovernmental relations, Reporting and recordkeeping requirements.
14 CFR Part 330
Administrative practice and procedure, Air carriers, Grant
programs-transportation, Reporting and recordkeeping requirements.
14 CFR Part 331
Air Carriers. Reporting and recordkeeping requirements.
14 CFR Part 382
Air carriers, Civil rights, Individuals with disabilities,
Reporting and recordkeeping requirements.
49 CFR Part 1
Authority delegations (Government agencies), Organization and
functions (Government agencies).
49 CFR Part 7
Freedom of information, Reporting and recordkeeping requirements.
49 CFR Part 10
Penalties, Privacy.
49 CFR Part 24
Administrative practice and procedure, Grant programs, Loan
programs, Manufactured homes, Real property acquisition, Relocation
assistance, Reporting and recordkeeping requirements.
49 CFR Part 26
Administrative practice and procedure, Reporting and recordkeeping
requirements, Transportation.
49 CFR Part 31
Administrative practice and procedure, Claims, Fraud, Penalties.
49 CFR Part 37
Buildings and facilities, Buses, Civil rights, Individuals with
disabilities, Mass transportation, Railroads, Reporting and
recordkeeping requirements, Transportation.
49 CFR Part 40
Administrative practice and procedure, Drug testing, Laboratories,
Reporting and recordkeeping requirements, Safety, Transportation.
0
Accordingly, under the authority of 49 U.S.C. 322(a), the Department of
Transportation amends 14 CFR chapter 2 and 49 CFR chapter 1 as follows:
TITLE 14--AERONAUTICS AND SPACE
Sec. 201.1, 204.7, 205.4, 211.10, 212.10, 213.7, 217.10, 217.10 App.,
241.1, 241.2, 241.19, 243.13, 291.42, 291.45, 291.45 App, 298.4,
298.50, 298.60, 298.61, 298.61 App., 325.11, 330.23, 331.25, 382.65 and
382.70 [Amended]
0
1. In Title 14, Chapter II, Parts 200-399, remove text specified in the
``Remove'' column and add in its place the text in the ``Add'' column
in the sections indicated below:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
201.1(b).................... PL-401, 400 7th 1200 New Jersey
Street, SW. Avenue, SE.
204.7(b).................... 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
205.4(c).................... 400 7th Street, SW.. 1200 New Jersey
Avenue, SE.
211.10(b)................... 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
212.10(a)................... 400 7th Street, SW.. 1200 New Jersey
Avenue, SE.
213.7....................... 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
217.10(b)................... Room 4125. ....................
217.10(b)................... 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
217.10 App (a)(3)........... Room 4125. ....................
217.10 App (a)(3)........... 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
Part 241, Sec.1-8........... Room 4125. ....................
Part 241, Sec.1-8........... 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
Part 241, Sec. 2-1(c)....... Room 4125. ....................
Part 241, Sec. 2-1(c)....... 400 7th Street, SW.. 1200 New Jersey
Avenue, SE.
Part 241, Sec. 19-7(a)...... Room 4125. ....................
Part 241, Sec. 19-7(a)...... 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
Part 241, Appendix A to Sec. Room 4125. ....................
19-7 introductory text.
Part 241, Appendix A to Sec. 400 Seventh Street, 1200 New Jersey
19-7 introductory text. SW. Avenue, SE.
Part 241, Sec. 25 Schedule T- Room 4125. ....................
100(f) Paragraph (b).
Part 241, Sec. 25 Schedule T- 400 Seventh Street, 1200 New Jersey
100(f) Paragraph (b). SW. Avenue, SE.
Part 241, Sec. 25, App. (e). Room 4125. ....................
Part 241, Sec. 25, App. (e). 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
243.13(c)................... PL-401, 400 Seventh 1200 New Jersey
Street, SW. Avenue, SE.
291.42(a)(2)................ Room 4125. ....................
291.42(a)(2)................ 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
291.45(e)(2)................ Room 4125. ....................
291.45(e)(2)................ 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
291.45, App. (c)............ Room 4125. ....................
291.45, App. (c)............ 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
298.4....................... 400 7th Street, SW.. 1200 New Jersey
Avenue, SE.
298.50(b)................... 400 7th Street, SW., 1200 New Jersey
PL-401. Avenue, SE.
298.60(c)................... Room 4125. ....................
298.60(c)................... 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
[[Page 33328]]
298.61(e)(2)................ Room 4125. ....................
298.61(e)(2)................ 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
298.61 App. (e)............. Room 4125. ....................
298.61 App. (e)............. 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
325.11 introductory text.... 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
330.23(a)................... 400 7th Street, SW., 1200 New Jersey
Room 6401. Avenue, SE.
331.25(a)................... Room 6401, 400 7th ....................
Street, SW.
382.65(c)................... 400 7th Street, SW.. 1200 New Jersey
Avenue, SE.
382.70(h)................... 400 7th Street, SW., 1200 New Jersey
Room 4107. Avenue, SE.
------------------------------------------------------------------------
TITLE 49--TRANSPORTATION
PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES.
0
2. 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; Public Law 110-140, 121 Stat.
1492.
0
3. The heading of Sec. 1.57b is revised to read as follows:
Sec. 1.57b Delegations to the Assistant General Counsel for
Operations.
* * * * *
PART 7--PUBLIC AVAILABILITY OF INFORMATION
0
4. The authority citation for part 7 continues to read as follows:
Authority: 5 U.S.C. 552; 31 U.S.C. 9701; 49 U.S.C. 322; E.O.
12600; 3 CFR, 1987 Comp., p. 235.
0
5. In Sec. 7.2, the definitions of `Department' and `Primary
Electronic Access Facility' are revised to read as follows:
Sec. 7.2 Definitions.
* * * * *
Department means the Department of Transportation, including the
Office of the Secretary, the Office of Inspector General, and the
following DOT components, all of which may be referred to as DOT
components. Means of contacting each of these DOT components appear in
Sec. 7.15. This definition specifically excludes the Surface
Transportation Board, which has its own FOIA regulations (49 CFR Part
1001):
(1) Federal Aviation Administration,
(2) Federal Highway Administration,
(3) Federal Motor Carrier Safety Administration,
(4) Federal Railroad Administration,
(5) National Highway Traffic Safety Administration,
(6) Federal Transit Administration,
(7) Saint Lawrence Seaway Development Corporation,
(8) Maritime Administration,
(9) Pipeline and Hazardous Materials Safety Administration, and
(10) Research and Innovative Technology Administration.
Primary Electronic Access Facility means the electronic docket
facility in the DOT Headquarters Building, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
* * * * *
0
6. Section 7.10 is revised to read as follows:
Sec. 7.10 Public records.
Publicly available records are located in DOT's Primary Electronic
Access Facility at 1200 New Jersey Avenue, SE., Washington, DC 20590.
(a) The Primary Electronic Access Facility maintains materials for
the Office of the Secretary, including former Civil Aeronautics Board
material, and materials for the DOT components. This facility is
located at Room W94-128, and the hours of operation are 10:00-17:00
eastern time.
(b) Certain DOT components also maintain public record units at
regional offices. These facilities are open to the public Monday
through Friday except Federal holidays, during regular working hours.
The Saint Lawrence Seaway Development Corporation has facilities at 180
Andrews Street, Massena, New York 13662-0520.
(c) Operating Administrations may have separate facilities for
manual records. Additional information on the location and hours of
operations for inspection facilities can be obtained through DOT's
Primary Electronic Access Facility, at (202) 366-9322.
0
7. In Sec. 7.15, paragraph (a) is revised to read as follows:
Sec. 7.15 Contacts for records requested under the FOIA.
* * * * *
(a) FOIA Offices at 1200 New Jersey Avenue, SE., Washington, DC
20590:
(1) Office of the Secretary of Transportation, Room W94-122.
(2) Office of Inspector General, Room W73-407.
(3) Federal Highway Administration, Room E64-302.
(4) Federal Motor Carrier Safety Administration, Room W66-458.
(5) Federal Railroad Administration, Room W33-437.
(6) Federal Transit Administration, Room E42-315.
(7) National Highway Traffic Safety Administration, Room W41-311.
(8) Pipeline and Hazardous Materials Safety Administration, Room
E26-109.
(9) Research and Innovative Technology Administration, Room E35-
330.
(10) Maritime Administration, Room W24-233.
* * * * *
0
8. In Sec. 7.41, paragraphs (b) and (c) are revised to read as
follows:
Sec. 7.41 General.
* * * * *
(b) All terms defined by FOIA apply to this subpart, and the term
``hourly rate'' means the actual hourly base pay for a civilian
employee.
(c) This subpart applies to all employees of DOT, including those
of non-appropriated fund activities of the Maritime Administration.
* * * * *
0
9. In Sec. 7.44, paragraphs (g) and (h) are revised to read as
follows:
Sec. 7.44 Services performed without charge or at a reduced charge.
* * * * *
(g) Documents will be furnished without charge or at a reduced
charge if the official having initial denial authority determines that
the request concerns records related to the death of an immediate
family member who was, at the time of death, a DOT employee.
(h) Documents will be furnished without charge or at a reduced
charge if the official having initial denial authority determines that
the request is by the victim of a crime who seeks the record of the
trial at which the requestor testified.
[[Page 33329]]
PART 10--MAINTENANCE OF AND ACCESS TO RECORDS PERTAINING TO
INDIVIDUALS
0
10. The authority citation for part 10 continues to read as follows:
Authority: 5 U.S.C. 552a; 49 U.S.C. 322.
0
11. In Sec. 10.5, the definition of `Department' is revised to read as
follows:
Sec. 10.5 Definitions.
* * * * *
Department means the Department of Transportation, including the
Office of the Secretary, the Office of Inspector General, and the
following operating administrations: This definition specifically
excludes the Surface Transportation Board, which has its own Privacy
Act regulations (49 CFR Part 1007), except to the extent that any
system of records notice provides otherwise.
(1) Federal Aviation Administration.
(2) Federal Highway Administration.
(3) Federal Motor Carrier Safety Administration.
(4) Federal Railroad Administration.
(5) Federal Transit Administration.
(6) National Highway Traffic Safety Administration.
(7) St. Lawrence Seaway Development Corporation.
(8) Pipeline and Hazardous Materials Safety Administration.
(9) Research and Innovative Technology Administration.
(10) Maritime Administration.
* * * * *
0
12. The first sentence of Sec. 10.11 is revised to read as follows:
Sec. 10.11 Administration of part.
Authority to administer this part in connection with the records of
the Office of the Secretary is delegated to the Chief Information
Officer.
* * * * *
0
13. Section 10.13 is revised to read as follows:
Sec. 10.13 Privacy Officer.
(a) To assist with implementation, evaluation, and administration
issues, the Chief Information Officer appoints a principal coordinating
official with the title Privacy Officer, and one Privacy Act
Coordinator from his/her staff.
(b) Inquiries concerning Privacy Act matters, or requests for
assistance, may be addressed to the Privacy Act Officer (S-80),
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590.
(c) Administrators may designate Privacy Officers or Coordinators
to act as central coordinators within their administrations to assist
them in administering the Act.
0
14. In Sec. 10.61, the introductory text of paragraph (a) is revised
to read as follows:
Sec. 10.61 General exemptions.
(a) The Assistant Secretary for Administration, with regard to the
Investigations Division; and the Federal Aviation Administrator, with
regard to the FAA's Investigative Record System (DOT/FAA 815) may
exempt from any part of the Act and this part except subsections (b),
(c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and
(11), and (i) of the Act, and implementing Sec. Sec. 10.35, 10.23(a)
and (b), 10.21(d)(1) through (6), 10.81, 10.83, and 10.85 of this
chapter, any systems of records, or portions thereof, which they
maintain which consist wholly of;
* * * * *
0
15. In Sec. 10.63, the introductory text is revised to read as
follows:
Sec. 10.63 Specific exemptions.
The Secretary or his or her delegee, in the case of the Office of
the Secretary; or the Administrator or his or delegee, in the case of
an operating administration; or the Inspector General or his or her
delegee, in the case of the Office of Inspector General, may exempt any
system of records that is maintained by the Office of the Secretary, an
operating administration, or the Office of Inspector General, as the
case may be, from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and
(I), and (f) of the Act and implementing Sec. Sec. 10.23(c); 10.35(b);
10.41; 10.43; 10.45; 10.21(a) and 10.21(d)(6), (7), and (8) of this
chapter, under the following conditions:
Sec. 10.77 [Amended]
0
16. In Sec. 10.77, paragraph (c) is amended by removing `Chief
Information Officer' and adding in its place `Assistant Secretary for
Administration' wherever it appears.
0
17. The Appendix to Part 10 is amended as follows:
0
a. Part I is amended by removing paragraphs C, D, and F, and
redesignating paragraph E as C;
0
b. Paragraph A of Part II is amended by removing paragraphs 4 through
9, paragraph 11, and paragraphs 13 through 16, redesignating paragraph
3 as paragraph 4, redesignating paragraph 10 as paragraph 5,
redesignating paragraph 15 as paragraph 6, and redesignating paragraphs
17 and 18 as paragraphs 7 and 8;
0
c. Paragraph D of Part II is amended by removing paragraphs 2 through 9
and paragraph 11, redesignating paragraph 10 as paragraph 2, and
redesignating paragraph 12 as paragraph 3;
0
d. Paragraph E of Part II is amended by removing paragraphs 1 through
3, and redesignating paragraph 4 as paragraph 1; and
0
e. Paragraph F of Part II is amended by removing paragraph 4.
Sec. Sec. 24.602, 26.89, 31.26, 37.21324, App. B, 40.7, 40.33, 40.121,
40.213, 40.281, and 40 App. D. [Amended]
0
18. In the table below, remove the text indicated in the ``Remove''
column and add in its place the text indicated in the ``Add'' column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
24.602...................... 400 Seventh Street, 1200 New Jersey
SW. Avenue, SE.
24, App. B.................. Room 3221, 400 7th 1200 New Jersey
Street SW. Avenue, SE.
26.89(a)(3)................. 400 7th Street, SW., 1200 New Jersey
Room 5414. Avenue, SE.
31.26(a).................... Docket Clerk, Docket Operation
Documentary Services,
Services Division Department of
(C-55), room 4107, Transportation,
Department of 1200 New Jersey
Transportation, 400 Avenue, SE.
7th Street, SW.
37.213(e)................... 400 7th Street, SW.. 1200 New Jersey
Avenue, SE.
40.7(a)..................... 400 7th Street, SW., 1200 New Jersey
Room 10424. Avenue, SE.
40.33(a).................... 400 7th Street, SW., 1200 New Jersey
Room 10403. Avenue, SE.
40.121(b)(3)................ 400 7th Street, SW., 1200 New Jersey
Room 10403. Avenue, SE.
40.213(b)(1)................ 400 7th Street, SW., 1200 New Jersey
Room 10403. Avenue, SE.
40.281(b)(3)................ 400 7th Street, SW., 1200 New Jersey
Room 10403. Avenue, SE.
40, App. D.................. 400 7th Street, SW., 1200 New Jersey
Room 10403. Avenue, SE.
------------------------------------------------------------------------
[[Page 33330]]
Issued in Washington, DC under authority delegated in 49 CFR
1.57(j) on May 21, 2008.
D.J. Gribbin,
General Counsel, Department of Transportation.
[FR Doc. E8-12108 Filed 6-11-08; 8:45 am]
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