[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Rules and Regulations]
[Pages 19191-19193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08416]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[Docket No. DOT-OST-2012-0123]
RIN 2105-AE64
Organization and Delegation of Powers and Duties
AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The Office of the Secretary of Transportation is updating the
regulations that govern the organization of DOT to clarify the
responsibilities of certain OST officials and their relationships with
senior leaders throughout DOT. These updates will ensure that heads of
DOT operating administrations have the benefit of input from OST
officials in carrying out their management responsibilities.
DATES: Effective April 26, 2017.
FOR FURTHER INFORMATION CONTACT: Brett A. Jortland, Deputy Assistant
General Counsel for Regulation, (202) 366-9314.
[[Page 19192]]
SUPPLEMENTARY INFORMATION:
Background
This final rule updates the regulations that organize DOT in order
to clarify the role of certain OST officials in the day-to-day
management of the Department. Specifically, and where consistent with
statute, these officials will be viewed as the final authority on
matters within their areas of expertise, and will be involved in the
hiring and evaluation of senior leadership in DOT's operating
administrations within their areas of expertise. While the General
Counsel and the Chief Financial Officer already have similar specific
authority, this rule grants explicit authority to the Assistant
Secretaries for Governmental Affairs and Administration, the Chief
Information Officer, and the Director of Public Affairs.
This final rule does not impose substantive requirements on the
public. It is ministerial and relates only to the Department's
organization, 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). Accordingly, under 5 U.S.C. 553(d)(3), the Department
finds good cause for this rule to be effective less than 30 days after
its publication in the Federal Register.
Regulatory Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The Department has determined that this final rule is not 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.
Executive Order 13132 (Federalism)
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 substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, the consultation requirements of Executive
Order 13132 do not apply.
Executive Order 13175 (Consultation and Coordination With Indian Tribal
Governments)
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 or direct compliance
costs, the funding and consultation requirements of Executive Order
13175 do not apply.
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 will impose any costs on small entities
because it is merely organizational in nature. I hereby certify that
this final rule will not have a significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) does
not require a written statement for this final rule because the rule
does not include a Federal mandate that may result in the expenditure
in any one year of $156,000,000 or more by State, local, and tribal
governments, or the private sector.
National Environmental Policy Act
The agency has analyzed the environmental impacts of this action
pursuant to the National Environmental Policy Act of 1969 (NEPA) (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
agency 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 the regulations that govern the
organization of the Department. The agency does not anticipate any
environmental impacts, and there are no extraordinary circumstances
present in connection with this rulemaking.
List of Subjects in 49 CFR Part 1
Authority delegations (Government agencies), Organization and
functions (Government agencies).
For the reasons stated in the preamble, the Department of
Transportation amends 49 CFR part 1 as follows:
PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES
0
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 322.
0
2. Revise Sec. 1.35 to read as follows:
Sec. 1.35 Assistant Secretary for Governmental Affairs.
The Assistant Secretary for Governmental Affairs serves as the
Department's primary point of contact for Congressional offices, as
well as State and locally elected officials; works with other
departmental offices to ensure that Congressional mandates are fully
implemented by the Department; and works with the White House, other
Federal agencies, and Congress to fulfill the Department's legislative
priorities. The Assistant Secretary coordinates congressional and
intergovernmental activities with governmental affairs offices in the
Operating Administrations and is the final authority on governmental
affairs issues within the Department. The Assistant Secretary
participates with each Administrator in the hiring decisions (other
than in the Federal Aviation Administration) and performance reviews of
all of the Operating Administrations' Directors of Governmental
Affairs. The Assistant Secretary supervises the Deputy Assistant
Secretary for Tribal Government Affairs who plans and coordinates the
Department's policies and programs with respect to Indian tribes and
tribal organizations.
0
3. Revise Sec. 1.37 to read as follows:
[[Page 19193]]
Sec. 1.37 Assistant Secretary for Administration.
The Assistant Secretary for Administration is the principal advisor
to the Secretary and Deputy Secretary on Department-wide administrative
matters and is the final authority on these matters within the
Department. The Assistant Secretary for Administration serves as the
Designated Agency Safety and Health Official. The Office of the
Assistant Secretary for Administration's responsibilities include:
Strategic management of human capital; monitoring the progress of
departmental offices related to sustainability goals; controls and
standards to ensure that procurement and financial assistance programs
are in accord with good business practice; follow-up and resolution of
Government Accountability Office and Inspector General audit reviews;
information resource management; property management information;
facilities; and security. The Assistant Secretary for Administration is
responsible for recommending performance objectives for the Operating
Administrations' Directors of Human Resources. The Assistant Secretary
for Administration participates with each Administrator in the hiring
decisions (other than in the Federal Aviation Administration) and
performance reviews of all of the Operating Administrations' Associate
Administrators for Administration.
0
4. Revise Sec. 1.46 to read as follows:
Sec. 1.46 Office of Public Affairs.
The Director of Public Affairs is the principal advisor to the
Secretary and Secretarial Officers on public affairs issues and the
final authority on public affairs issues within the Department. The
Office of Public Affairs prepares news releases and supporting media
materials, and maintains a new media presence. The Office also provides
information to the Secretary on opinions and reactions of the public
and news media on programs and transportation issues. The Office of
Public Affairs is responsible for the supervision, coordination, and
review of the activities of the public affairs offices within the
Operating Administrations. The Director of Public Affairs participates
with each Administrator in the hiring decisions (other than in the
Federal Aviation Administration) and performance reviews of all of the
Operating Administrations' Directors of Public Affairs.
0
5. Revise Sec. 1.48 to read as follows:
Sec. 1.48 Office of the Chief Information Officer.
The Chief Information Officer (CIO) is the principal information
technology (IT), cyber security, privacy, and records management
advisor to the Secretary, and is the final authority on these matters
within the Department. The Office of the CIO supports the
Organizational Excellence Strategic Goal by providing leadership on all
matters associated with the Department's IT portfolio. The CIO
participates with each Administrator in the hiring decisions and
performance reviews of the Operating Administrations' CIOs.
Issued in Washington, DC, on April 20, 2017.
Elaine L. Chao,
Secretary of Transportation.
[FR Doc. 2017-08416 Filed 4-25-17; 8:45 am]
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