[Federal Register Volume 64, Number 31 (Wednesday, February 17, 1999)]
[Rules and Regulations]
[Pages 7813-7814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3625]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office Of The Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1-297]


Organization and Delegation of Powers and Duties Delegation to 
the Commandant, United States Coast Guard, the Federal Railroad 
Administrator, and the Federal Highway Administrator

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Secretary is delegating his authority under section 346 of 
the Department of Transportation and Related Agencies Appropriations 
Act, 1998, Pub. L. 105-66 (October 27, 1997) to the Commandant of the 
U. S. Coast Guard, the Federal Railroad Administrator, and the Federal 
Highway Administrator. Section 346 authorizes the Secretary of 
Transportation to establish, operate, and manage a nationwide system to 
be known as the ``Nationwide Differential Global Positioning System'' 
(NDGPS) as soon as practicable, to integrate the NDGPS reference 
stations into the Continuously Operating Reference Station (CORS) 
system of the National Geodetic Survey of the Department of Commerce, 
and to investigate the use of the NDGPS reference stations for the 
Global Positioning System Integrated Precipitable Water Vapor System of 
the National Oceanic and Atmospheric Administration of the Department 
of Commerce.

EFFECTIVE DATE: February 17, 1999.

FOR FURTHER INFORMATION CONTACT: John Macaluso, Office of the Secretary 
of Transportation (P-7), Department of Transportation, 400 Seventh 
Street, SW., Washington, DC 20590. Phone: (202) 366-0362.

SUPPLEMENTARY INFORMATION: With the two exceptions noted later in this 
document, the authority of the Secretary in Section 346 to establish, 
operate, and manage the NDGPS, should be delegated to the Commandant of 
the Coast Guard,

[[Page 7814]]

because the USCG has the expertise and staff to carry out these 
functions in accordance with the statutory requirements. The pertinent 
actions of this delegation include, but are not limited to: (1) Taking 
receipt of such equipment and sites of the Ground Wave Emergency 
Network (GWEN) and reusing them as necessary for the establishment of 
the NDGPS, (2) installing the NDGPS by using contractor services to the 
maximum extent practicable, (3) modifying the positioning system 
operated by the Coast Guard to integrate it with the NDGPS, (4) 
ensuring that the reference stations are compatible with, and 
integrated into, the Continuously Operating Reference Station (CORS) 
system in cooperation with the National Geodetic Survey of the 
Department of Commerce, (5) investigating the use of the NDGPS 
reference stations for the Global Positioning System Integrated 
Precipitable Water Vapor System of the National Oceanic and Atmospheric 
Administration, of the Department of Commerce (6) cooperating with 
appropriate agencies within the Defense Department to ensure that the 
use of the NDGPS is denied to any enemy of the United States, (7) 
maintaining the sites and equipment of the NDGPS including entering 
into contracts to provide for maintenance where it is cost effective, 
(8) acting as lead agency, in cooperation with the Federal Railroad 
Administrator and Federal Highway Administrator, in the investigation 
of improvements to the NDGPS, in the development of standards for the 
NDGPS, and in the sponsorship of the development of new applications 
for the NDGPS, (9) providing for the continual upgrading of the NDGPS 
to improve performance, and (10) acting as a cooperating agency in 
matters relating to the National Environmental Policy Act (NEPA).
    The first exception to the delegation to the Commandant of the 
Coast Guard is that the determination of the Federal requirements for 
the NDGPS, as a necessary function in the Secretary of Transportation's 
authority to establish, operate, and manage the NDGPS, is delegated to 
the Federal Railroad Administrator. This is because the Federal 
Railroad Administration will determine these requirements based upon 
its utility to the FRA's Positive Train Control and related 
initiatives.
    The second exception to the delegation to the Commandant of the 
Coast Guard is that the function of acting as the lead DOT agency for 
matters relating to the National Environmental Policy Act (NEPA), which 
are pertinent to the Secretary of Transportation's authority to 
establish and manage the NDGPS, is delegated to the Federal Highway 
Administrator. This is because the Federal Highway Administration has 
the expertise, regulations, and staff to carry out these functions in 
accordance with the statutory requirements.
    This delegation does not affect the authority or responsibility of 
the Secretary for policy development. Since this amendment relates to 
departmental organization, procedure and practice, notice and comment 
on it are unnecessary under 5 U.S.C. 553(b). Further, since the 
amendment expedites the Department of Transportation's ability to meet 
the statutory intent of Section 346 of the Department of Transportation 
and Related Agencies Appropriation Act, 1998, 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).

    In consideration of the foregoing, Part 1 of Title 49, Code of 
Federal Regulations, is amended, effective upon publication, to read as 
follows:

PART 1--[AMENDED]

    1. The authority citation for Part 1 continues to read as follows:

    Authority: 49 U.S.C. 2104(a); Pub. L. 101-552; 28 U.S.C. 2672, 
31 U.S.C. 3711(a)(2), 46 U.S.C. 2104(a).

    2. In Sec. 1.46 (Delegations to Commandant of the Coast Guard), the 
paragraph (qqq) is added to read as follows:


Sec. 1.46  Delegations to Commandant of the Coast Guard.

* * * * *
    (qqq) Carry out the functions and exercise the authority vested in 
the Secretary by section 346 of Pub. L. 105-66, titled the Department 
of Transportation and Related Agencies Appropriations Act, 1998, to 
establish, operate, and manage the Nationwide Differential Global 
Positioning System (NDGPS), except for the related function of 
determining the Federal requirements for the NDGPS, which is delegated 
to the Federal Railroad Administrator, and except for the related 
function of acting as lead DOT agency in matters relating to the 
National Environmental Policy Act, which is delegated to the Federal 
Highway Administrator.
    3. In Sec. 1.48 (Delegations to Federal Highway Administrator), 
paragraph (ll) is added to read as follows:


Sec. 1.48  Delegations to Federal Highway Administrator.

* * * * *
    (ll) Carry out the function of acting as the lead DOT agency in 
matters relating to the National Environmental Policy Act pertinent to 
the authority vested in the Secretary to establish, operate, and manage 
the Nationwide Differential Global Positioning System (NDGPS) by 
section 346 of Pub. L. 105-66, titled the Department of Transportation 
and Related Agencies Appropriations Act, 1998.
    4. In Sec. 1.49 (Delegations to Federal Railroad Administrator), 
paragraph (ll) is added at the end thereof.


Sec. 1.49  Delegations to Federal Railroad Administrator.

* * * * *
    (ll) Carry out the function of determining the Federal requirements 
for the Nationwide Differential Global Positioning System (NDGPS) as a 
necessary part of the Secretary's authority to establish, operate, and 
manage the NDGPS granted by Section 346 of Public Law 105-66, titled 
the Department of Transportation and Related Agencies Appropriations 
Act, 1998.

    Issued in Washington, DC, this 8th day of February, 1999.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 99-3625 Filed 2-16-99; 8:45 am]
BILLING CODE 4910-62-P