82_FR_19270 82 FR 19191 - Organization and Delegation of Powers and Duties

82 FR 19191 - Organization and Delegation of Powers and Duties

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 82, Issue 79 (April 26, 2017)

Page Range19191-19193
FR Document2017-08416

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.

Federal Register, Volume 82 Issue 79 (Wednesday, April 26, 2017) 
[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Rules and Regulations]
[Pages 19191-19193]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 4910-9X-P

Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Rules and Regulations 19191 Executive Order 12866 of September 30, information for purposes of the Authority: 42 U.S.C. 4001 et seq.; 1993, Regulatory Planning and Review, Paperwork Reduction Act, 44 U.S.C. Reorganization Plan No. 3 of 1978, 3 CFR, 58 FR 51735. 3501 et seq. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, Executive Order 13132, Federalism. 3 CFR, 1979 Comp.; p. 376. List of Subjects in 44 CFR Part 64 This rule involves no policies that have § 64.6 [Amended] federalism implications under Executive Flood insurance, Floodplains. Order 13132. Accordingly, 44 CFR part 64 is ■ 2. The tables published under the Executive Order 12988, Civil Justice amended as follows: authority of § 64.6 are amended as Reform. This rule meets the applicable PART 64—[AMENDED] follows: standards of Executive Order 12988. Paperwork Reduction Act. This rule ■ 1. The authority citation for part 64 does not involve any collection of continues to read as follows: Date certain federal Community Effective date authorization/cancellation of Current effective State and location assistance no No. sale of flood insurance in community map date longer available in SFHAs Region V Minnesota: Badger, City of, Roseau County ........... 270412 April 22, 1975, Emerg; June 8, 1984, Reg; April 19, 2017 ... April 19, 2017. April 19, 2017, Susp.. Chatfield, City of, Fillmore and Olmsted 270125 April 15, 1982, Emerg; August 2, 1982, ......do ............... Do. Counties. Reg; April 19, 2017, Susp.. Dover, City of, Olmsted County ............ 270566 March 15, 1982, Emerg; April 15, 1982, ......do ............... Do. Reg; April 19, 2017, Susp.. Eyota, City of, Olmsted County ............. 270329 December 3, 1981, Emerg; December 15, ......do ............... Do. 1981, Reg; April 19, 2017, Susp.. Olmsted County, Unincorporated Areas 270626 April 17, 1984, Emerg; May 19, 1981, Reg; ......do ............... Do. April 19, 2017, Susp.. Oronoco, City of, Olmsted County ........ 270330 July 3, 1974, Emerg; November 4, 1981, ......do ............... Do. Reg; April 19, 2017, Susp.. Pine Island, City of, Goodhue and 270145 September 4, 1974, Emerg; March 2, 1981, ......do ............... Do. Olmsted Counties. Reg; April 19, 2017, Susp.. Rochester, City of, Olmsted County ...... 275246 April 3, 1970, Emerg; March 26, 1971, Reg; ......do ............... Do. April 19, 2017, Susp.. Roseau, City of, Roseau County ........... 270414 April 26, 1974, Emerg; September 29, ......do ............... Do. 1978, Reg; April 19, 2017, Susp.. Roseau County, Unincorporated Areas 270633 April 26, 1974, Emerg; January 2, 1980, ......do ............... Do. Reg; April 19, 2017, Susp.. Stewartville, City of, Olmsted County .... 270332 May 7, 1975, Emerg; September 2, 1982, ......do ............... Do. Reg; April 19, 2017, Susp.. Warroad, City of, Lake Of The Woods 270415 July 3, 1974, Emerg; December 4, 1979, ......do ............... Do. and Roseau Counties. Reg; April 19, 2017, Susp.. Region VI Louisiana: Baldwin, Town of, St. Mary Parish ........ 220193 April 23, 1973, Emerg; December 15, 1978, ......do ............... Do. Reg; April 19, 2017, Susp.. St. Mary Parish, Unincorporated Areas 220192 April 6, 1973, Emerg; September 3, 1980, ......do ............... Do. Reg; April 19, 2017, Susp.. -do- =Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: April 13, 2017. DEPARTMENT OF TRANSPORTATION SUMMARY: The Office of the Secretary of Michael M. Grimm, Transportation is updating the Assistant Administrator for Mitigation, Office of the Secretary regulations that govern the organization Federal Insurance and Mitigation of DOT to clarify the responsibilities of Administration, Department of Homeland 49 CFR Part 1 certain OST officials and their Security, Federal Emergency Management relationships with senior leaders [Docket No. DOT–OST–2012–0123] throughout DOT. These updates will Agency. [FR Doc. 2017–08375 Filed 4–25–17; 8:45 am] RIN 2105–AE64 ensure that heads of DOT operating BILLING CODE 9110–12–P administrations have the benefit of Organization and Delegation of Powers input from OST officials in carrying out mstockstill on DSK30JT082PROD with RULES and Duties their management responsibilities. DATES: Effective April 26, 2017. AGENCY: Office of the Secretary (OST), U.S. Department of Transportation FOR FURTHER INFORMATION CONTACT: (DOT). Brett A. Jortland, Deputy Assistant General Counsel for Regulation, (202) ACTION: Final rule. 366–9314. VerDate Sep<11>2014 16:19 Apr 25, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\26APR1.SGM 26APR1

19192 Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Rules and Regulations SUPPLEMENTARY INFORMATION: criteria contained in Executive Order is covered by the categorical exclusion 13175 (‘‘Consultation and Coordination listed in the Federal Highway Background with Indian Tribal Governments’’). Administration’s implementing This final rule updates the regulations Because this final rule does not procedures, ‘‘[p]romulgation of rules, that organize DOT in order to clarify the significantly or uniquely affect the regulations, and directives.’’ 23 CFR role of certain OST officials in the day- communities of the Indian tribal 771.117(c)(20). The purpose of this to-day management of the Department. governments and does not impose rulemaking is to update the regulations Specifically, and where consistent with substantial or direct compliance costs, that govern the organization of the statute, these officials will be viewed as the funding and consultation Department. The agency does not the final authority on matters within requirements of Executive Order 13175 anticipate any environmental impacts, their areas of expertise, and will be do not apply. and there are no extraordinary involved in the hiring and evaluation of Regulatory Flexibility Act circumstances present in connection senior leadership in DOT’s operating with this rulemaking. administrations within their areas of Because no notice of proposed expertise. While the General Counsel rulemaking is required for this rule List of Subjects in 49 CFR Part 1 and the Chief Financial Officer already under the Administrative Procedure have similar specific authority, this rule Act, 5 U.S.C. 553, the provisions of the Authority delegations (Government grants explicit authority to the Assistant Regulatory Flexibility Act (5 U.S.C. 601 agencies), Organization and functions Secretaries for Governmental Affairs et seq.) do not apply. We also do not (Government agencies). and Administration, the Chief believe this rule will impose any costs For the reasons stated in the Information Officer, and the Director of on small entities because it is merely preamble, the Department of Public Affairs. organizational in nature. I hereby certify This final rule does not impose Transportation amends 49 CFR part 1 as that this final rule will not have a follows: substantive requirements on the public. significant economic impact on a It is ministerial and relates only to the substantial number of small entities. PART 1—ORGANIZATION AND Department’s organization, procedure, Paperwork Reduction Act DELEGATION OF POWERS AND and practice. Therefore, the Department DUTIES has determined that notice and This final rule contains no comment are unnecessary and that the information collection requirements rule is exempt from prior notice and under the Paperwork Reduction Act of ■ 1. The authority citation for part 1 comment requirements under 5 U.S.C. 1995 (44 U.S.C. 3501–3520). continues to read as follows: 553(b)(3)(A). Accordingly, under 5 Authority: 49 U.S.C. 322. U.S.C. 553(d)(3), the Department finds Unfunded Mandates Reform Act good cause for this rule to be effective The Unfunded Mandates Reform Act ■ 2. Revise § 1.35 to read as follows: less than 30 days after its publication in of 1995 (2 U.S.C. 1531–1538) does not § 1.35 Assistant Secretary for the Federal Register. require a written statement for this final Governmental Affairs. rule because the rule does not include Regulatory Analyses and Notices a Federal mandate that may result in the The Assistant Secretary for Executive Order 12866 (Regulatory expenditure in any one year of Governmental Affairs serves as the Planning and Review) and DOT $156,000,000 or more by State, local, Department’s primary point of contact Regulatory Policies and Procedures and tribal governments, or the private for Congressional offices, as well as The Department has determined that sector. State and locally elected officials; works this final rule is not a significant National Environmental Policy Act with other departmental offices to regulatory action under Executive Order ensure that Congressional mandates are 12866 and DOT Regulatory Policies and The agency has analyzed the fully implemented by the Department; Procedures (44 FR 11034). It was not environmental impacts of this action and works with the White House, other reviewed by the Office of Management pursuant to the National Environmental Federal agencies, and Congress to fulfill and Budget. There are no costs Policy Act of 1969 (NEPA) (42 U.S.C. the Department’s legislative priorities. associated with this rule. 4321 et seq.) and has determined that it The Assistant Secretary coordinates is categorically excluded pursuant to congressional and intergovernmental Executive Order 13132 (Federalism) DOT Order 5610.1C, Procedures for activities with governmental affairs This final rule has been analyzed in Considering Environmental Impacts (44 offices in the Operating Administrations accordance with the principles and FR 56420, Oct. 1, 1979). Categorical and is the final authority on criteria contained in Executive Order exclusions are actions identified in an governmental affairs issues within the 13132 (‘‘Federalism’’). This final rule agency’s NEPA implementing Department. The Assistant Secretary does not have substantial direct effects procedures that do not normally have a participates with each Administrator in on the States, on the relationship significant impact on the environment the hiring decisions (other than in the between the national government and and therefore do not require either an Federal Aviation Administration) and the States, or on the distribution of environmental assessment (EA) or performance reviews of all of the power and responsibilities among the environmental impact statement (EIS). Operating Administrations’ Directors of various levels of government. Therefore, See 40 CFR 1508.4. In analyzing the Governmental Affairs. The Assistant the consultation requirements of applicability of a categorical exclusion, Secretary supervises the Deputy mstockstill on DSK30JT082PROD with RULES Executive Order 13132 do not apply. the agency must also consider whether Assistant Secretary for Tribal extraordinary circumstances are present Executive Order 13175 (Consultation Government Affairs who plans and that would warrant the preparation of and Coordination With Indian Tribal coordinates the Department’s policies an EA or EIS. Id. Paragraph 3.c.5 of DOT Governments) and programs with respect to Indian Order 5610.1C incorporates by reference tribes and tribal organizations. This final rule has been analyzed in the categorical exclusions for all DOT accordance with the principles and Operating Administrations. This action ■ 3. Revise § 1.37 to read as follows: VerDate Sep<11>2014 16:19 Apr 25, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\26APR1.SGM 26APR1

Federal Register / Vol. 82, No. 79 / Wednesday, April 26, 2017 / Rules and Regulations 19193 § 1.37 Assistant Secretary for Directors of Human Resources. The the hiring decisions (other than in the Administration. Assistant Secretary for Administration Federal Aviation Administration) and The Assistant Secretary for participates with each Administrator in performance reviews of all of the Administration is the principal advisor the hiring decisions (other than in the Operating Administrations’ Directors of to the Secretary and Deputy Secretary Federal Aviation Administration) and Public Affairs. on Department-wide administrative performance reviews of all of the ■ 5. Revise § 1.48 to read as follows: matters and is the final authority on Operating Administrations’ Associate Administrators for Administration. § 1.48 Office of the Chief Information these matters within the Department. Officer. The Assistant Secretary for ■ 4. Revise § 1.46 to read as follows: Administration serves as the Designated The Chief Information Officer (CIO) is § 1.46 Office of Public Affairs. the principal information technology Agency Safety and Health Official. The The Director of Public Affairs is the Office of the Assistant Secretary for (IT), cyber security, privacy, and records principal advisor to the Secretary and management advisor to the Secretary, Administration’s responsibilities Secretarial Officers on public affairs include: Strategic management of and is the final authority on these issues and the final authority on public matters within the Department. The human capital; monitoring the progress affairs issues within the Department. Office of the CIO supports the of departmental offices related to The Office of Public Affairs prepares Organizational Excellence Strategic Goal sustainability goals; controls and news releases and supporting media by providing leadership on all matters standards to ensure that procurement materials, and maintains a new media associated with the Department’s IT and financial assistance programs are in presence. The Office also provides portfolio. The CIO participates with accord with good business practice; information to the Secretary on opinions each Administrator in the hiring follow-up and resolution of Government and reactions of the public and news decisions and performance reviews of Accountability Office and Inspector media on programs and transportation the Operating Administrations’ CIOs. General audit reviews; information issues. The Office of Public Affairs is resource management; property responsible for the supervision, Issued in Washington, DC, on April 20, management information; facilities; and 2017. coordination, and review of the security. The Assistant Secretary for activities of the public affairs offices Elaine L. Chao, Administration is responsible for within the Operating Administrations. Secretary of Transportation. recommending performance objectives The Director of Public Affairs [FR Doc. 2017–08416 Filed 4–25–17; 8:45 am] for the Operating Administrations’ participates with each Administrator in BILLING CODE 4910–9X–P mstockstill on DSK30JT082PROD with RULES VerDate Sep<11>2014 16:19 Apr 25, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4700 Sfmt 9990 E:\FR\FM\26APR1.SGM 26APR1


Document Created: 2017-04-26 03:15:34
Document Modified: 2017-04-26 03:15:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective April 26, 2017.
ContactBrett A. Jortland, Deputy Assistant General Counsel for Regulation, (202) 366-9314.
FR Citation82 FR 19191 
RIN Number2105-AE64
CFR AssociatedAuthority Delegations (government Agencies) and Organization and Functions (government Agencies)
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