[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Rules and Regulations]
[Pages 15704-15706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06172]



Office of the Secretary

49 CFR Part 1

[Docket No. DOT-OST-2012-0123]
RIN 2105-AE28

Organization and Delegation of Powers and Duties

AGENCY: Office of the Secretary of Transportation (OST), U.S. 
Department of Transportation (DOT).

ACTION: Final rule.


SUMMARY: The Secretary of Transportation is authorized to delegate 
functions, powers, and duties as the Secretary deems appropriate. This 
rule amends the existing delegations of authority by relocating the 
delegations to the Inspector General currently found in the 
Department's regulations on the Freedom of Information Act and updates 
the delegation of authority to

[[Page 15705]]

the Inspector General to administer the Privacy Act for the Office of 
the Inspector General's records.

DATES: This rule is effective March 21, 2014.

ADDRESSES: The docket for this rulemaking is available at Docket 
Management Facility, U.S. Department of Transportation, 1200 New Jersey 
Avenue SE., Washington, DC 20590, or electronically at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: John Allread, Attorney-Advisor, at 
[email protected] or (202) 366-1428, or Claire McKenna, Attorney-
Advisor, Office of the General Counsel, Department of Transportation, 
Washington, DC, at [email protected] or (202) 366-0365.

SUPPLEMENTARY INFORMATION: On August 17, 2012, the Office of the 
Secretary of Transportation (OST) updated its regulations governing the 
organization of the Department of Transportation and delegations of 
authority from the Secretary to Departmental officers. See 77 FR 49964. 
The final rule inadvertently omitted a delegation of authority to the 
Inspector General to administer the Freedom of Information Act (FOIA), 
5 U.S.C. 552, and Privacy Act of 1974, 5 U.S.C. 552a, for the records 
of the Office of the Inspector General. Although the Inspector General 
has had authority to administer FOIA under 49 CFR part 7, OST wishes to 
consolidate all of its delegations in Part 1. This rule also updates 
the CFR to reflect the OIG's delegated authority to administer the 
Privacy Act for its records, and places the delegations to the 
Inspector General to administer the FOIA and Privacy Act for the Office 
of Inspector General's records within Part 1.
    This final rule does not impose substantive requirements. It simply 
relocates a currently existing FOIA delegation to the Inspector General 
to 49 CFR part 1 and updates the CFR to represent the current 
organizational posture of the Department with regard to the Privacy 
Act. The final rule is ministerial in nature and relates only to 
Departmental management, 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). This rule will not have a substantive 
impact on the public, as it will only clarify and relocate delegations 
to the Inspector General into the Department's other provisions on 
delegations found in 49 CFR part 1. Therefore, the Department finds 
that there is good cause under 5 U.S.C. 553(d)(3) to make this rule 
effective less than 30 days after publication in the Federal Register.

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review), Executive Order 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    The DOT has considered the impact of this rulemaking action under 
Executive Orders 12866 and 13563 (January 18, 2011, ``Improving 
Regulation and Regulatory Review''), and the DOT's regulatory policies 
and procedures (44 FR 11034; February 26, 1979). The DOT has determined 
that this action does not constitute a significant regulatory action 
within the meaning of Executive Order 12866 and within the meaning of 
DOT regulatory policies and procedures. This rule has not been reviewed 
by the Office of Management and Budget. There are no costs associated 
with this rule.

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 (Pub. L. 96-354, 5 U.S.C. 601-612) do 
not apply. Even so, DOT has evaluated the effects of these changes on 
small entities and does not believe that this rule would impose any 
costs on small entities as it makes nonsubstantive corrections. 
Therefore, I hereby certify that this rule will not have a significant 
economic impact on a substantial number of small entities.

National Environmental Policy Act

    The agency has analyzed the environmental impacts of this action 
pursuant to the National Environmental Policy Act of 1969 (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 
agency's administrative delegations to the Office of the Inspector 
General. The agency does not anticipate any environmental impacts and 
there are no extraordinary circumstances present in connection with 
this rulemaking.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 dated August 4, 1999, and 
it has been determined that it 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 preparation of a Federalism Assessment is not necessary.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget for each collection of information they conduct, 
sponsor, or require through regulations. The DOT has determined that 
this action does not contain a collection of information requirement 
for the purposes of the PRA.

Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4, 109 Stat. 48, March 22, 1995) requires Federal agencies to 
assess the effects of certain regulatory actions on State, local, and 
tribal governments, and the private sector. The UMRA requires a written 
statement of economic and regulatory alternatives for proposed and 
final rules that contain Federal mandates. A ``Federal mandate'' is a 
new or additional enforceable duty, imposed on any State, local, or 
tribal Government, or the private sector. If any Federal mandate causes 
those entities to spend, in aggregate, $143.1 million or more in any 
one year (adjusted for inflation), an UMRA analysis is required. This 
rule would not impose Federal mandates on any State, local, or tribal 
governments or the private sector.

[[Page 15706]]

List of Subjects in 49 CFR Part 1

    Authority delegations (Government agencies); Organization and 
functions (Government agencies).

    Issued in Washington, DC, on January 31, 2014.
Anthony R. Foxx,
    In consideration of the foregoing, DOT amends 49 CFR part 1 as 


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

    Authority:  49 U.S.C. 322.

2. Amend Sec.  1.74 by adding new paragraphs (o) and (p) to read as 

Sec.  1.74  Delegations to Inspector General.

* * * * *
    (o) Administer the Freedom of Information Act, 5 U.S.C. 552, and 49 
CFR part 7 (Public Availability of Information) in connection with the 
records of the Office of the Inspector General.
    (p) Administer the Privacy Act, 5 U.S.C. 552a, and 49 CFR part 10 
(Maintenance of and Access to Records Pertaining to Individuals) in 
connection with the records of the Office of the Inspector General.

[FR Doc. 2014-06172 Filed 3-20-14; 8:45 am]