SUPPLEMENTARY INFORMATION:

Background

This rulemaking makes technical corrections to definitions in 49 CFR 92.5(g) to reflect current DOT Operating Administration names and rescinds 49 CFR part 98 due to the repeal of the underlying statute on which it is based.

The procedures set forth in 49 CFR part 92 govern how DOT collects debts owed to the United States by current and former DOT employees, determines and collects interest and other charges on that indebtedness, offsets the salary of DOT employees to collect debts owed to the United States by those employees, and obtains salary offset to collect debts owed to the United States by employees of other agencies under programs administered by DOT. A list of applicable DOT Operating Administrations is set forth in part 92 at 49 CFR 92.5(g). However, the list of Operating Administrations is not accurate due to statutory changes to Operating Administration names and agency reorganization. This final rule revises those Operating Administration names listed in 49 CFR 92.5(g) for accuracy.

Part 98 sets forth the administrative enforcement procedures that DOT follows when there is an allegation that a former DOT employee has violated 18 U.S.C. 207, which imposes certain post-employment restrictions on former officers and employees of Federal agencies, both the Executive Branch and Legislative Branch, and former Members of Congress. Although 18 U.S.C. 207 remains in place, the subsection of the statute on which part 98 is based was repealed in 1989 and accordingly it no longer has a statutory basis of authority. This final rule removes part 98 because it lacks a basis in law.

Part 92

This final rule adds the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration to 49 CFR 92.5(g) because these Operating Administrations were established after the regulation was promulgated. The Federal Motor Carrier Safety Administration was established by the Motor Carrier Safety Improvement Act of 1999, Public Law 106-159 (1999). The Pipeline and Hazardous Materials Safety Administration was established by the Norman Y. Mineta Research and Special Programs Improvement Act of 2004, Public Law 108-426 (2004).

This final rule updates the names of the Great Lakes St. Lawerence Seaway Development Corporation and the Federal Transit Administration, which are listed in 49 CFR 92.5(g) under their previous names, St. Lawerence Seaway Development Corporation and Urban Mass Transit Administration. The St. Lawerence Seaway Development Corporation was renamed the Great Lakes St. Lawerence Seaway Development Corporation by the Consolidated Appropriations Act of 2021, Public Law 116-260 (2021). The Urban Mass Transit Administration was renamed the Federal Transit Administration by the Transportation Efficiency Act of 1991, Public Law 102-240 (Dec. 18, 1991).

This final rule amends part 92 by removing two agencies that are no longer DOT Operating Administrations. Currently, the United States Coast Guard and the Research and Special Programs Administration are listed as DOT Operating Administrations in 49 CFR 92.5(g). However, Congress transferred the United States Coast Guard from DOT to the U.S. Department of Homeland Security in the Homeland Security Act of 2002, Public Law 107-296 (2002). The Research and Special Programs Administration was eliminated by Congress and its functions transferred to other DOT Operating Administrations in the Norman Y. Mineta Research and Special Programs Improvement Act of 2004, Public Law 108-426 (2004).

Part 98

In addition, this final rule rescinds 49 CFR part 98. The Ethics Reform Act of 1989 Public Law 101-194 (1989) repealed 49 U.S.C. 207 and thus removed the underlying statutory authority for 49 CFR part 98. Accordingly, there is no statutory basis for part 98.

Administrative Procedure

The Administrative Procedure Act generally requires agencies to provide the public with notice of proposed rulemaking and an opportunity to comment prior to publication of a substantive rule. However, 5 U.S.C. 553(b)(B) authorizes agencies to publish a final rule without first seeking public comment on a proposed rule “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” DOT finds that providing advance notice and an opportunity to comment on these regulatory changes is unnecessary because this rule merely makes technical corrections to conform the regulations to current departmental organizational structure and rescind regulations no longer supported by underlying statutory authorities. For the same reasons, the good cause exception in 5 U.S.C. 553(d)(3) also applies to DOT's decision to make this final rule effective upon publication.

Regulatory Analysis and Notices

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

This final rule is not a significant regulatory action within the meaning of Executive Order (E.O.) 12866 or E.O. 13563 and, therefore, has not been reviewed by the Office of Management and Budget (OMB). This final rule is not significant under DOT's Rulemaking Procedures found in 49 CFR part 5, subpart B. This rulemaking amends and removes DOT regulations to correct errors and make necessary updates based on statutory changes. These technical corrections are intended to revise and remove DOT Operating Administration names that do not accurately reflect the current organizational structure of DOT and to rescind a regulation that no longer has a statutory basis. As a result, DOT anticipates that this rulemaking will not impose any economic costs. However, DOT anticipates some unquantified cost-savings to the public associated with updating these regulations, such as eliminating public confusion and saving time and research to understand the existing organizational structure and applicability of the regulations.

Executive Order 14192 (Unleashing Prosperity Through Deregulation)

This final rule is an E.O. 14192 deregulatory action. Cost-savings are not quantified.

Regulatory Flexibility Act

Because notice and comment rulemaking is not necessary for this rule under 5 U.S.C. 553 or any other law, the analytical provisions of the Regulatory ( printed page 57803) Flexibility Act (Public Law 96-354, 5 U.S.C. 601-612) do not apply.

Unfunded Mandates Reform Act of 1995

This final rule does not impose an unfunded mandate as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48). It does not result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of $148.1 million or more in any one year.

Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et seq.), Federal agencies must obtain approval from OMB for each collection of information they conduct, sponsor, or require through regulations. DOT has analyzed this final rule under the PRA and has determined that this rule does not contain collection of information requirements.

Executive Order 13132 (Federalism Assessment)

The final rule does not have a substantial direct effect on the States, the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. This final rule does not include sufficient federalism implications to warrant consultation processes.

Executive Order 13175 (Tribal Consultation)

This final rule was analyzed according to E.O. 13175, “Consultation and Coordination with Indian Tribal Governments.” The final rule does not include sufficient tribal implications to warrant consultation processes.

National Environmental Policy Act

DOT has analyzed the environmental effects 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 5610.1D, available at www.transportation.gov/​mission/​dots-procedures-considering-environmental-impacts.

For the reasons stated in the preamble, the Office of the Secretary amends 49 CFR parts 92 and 98 as follows:

Title 49—Transportation

91 FR 57801