
[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Rules and Regulations]
[Pages 19707-19708]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8292]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

49 CFR Part 8

[Docket No. DOT-OST-1999-6189]
RIN 9991-AA58


Classified Information: Classification/Declassification/Access; 
Authority To Classify Information

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

ACTION: Final rule.

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

SUMMARY: This final rule delegates various authorities vested in the 
Secretary of Transportation (Secretary) by Executive Order 13526 to 
originally classify information as SECRET or CONFIDENTIAL to the 
Administrator of the Federal Aviation Administration, and to the 
Assistant Administrator for Security and Hazardous Materials.

DATES: This final rule is effective April 8, 2011.

FOR FURTHER INFORMATION CONTACT: Brett Jortland, Attorney, Office of 
the General Counsel, U.S. Department of Transportation, 1200 New Jersey 
Avenue, SE., Washington, DC 20590, E-mail: brett.jortland@dot.gov, 
Telephone: (202) 366-9314.

SUPPLEMENTARY INFORMATION: Executive Order 13526 confers upon the 
Secretary the authority to originally classify information as SECRET or 
CONFIDENTIAL, with further authorization to designate this authority. 
Title 49 of the Code of Federal Regulations (CFR), Section 8.11(b)(3) 
delegates this authority to the Administrator of the Federal Aviation 
Administration (FAA), and the Assistant Administrator for Civil 
Aviation Security. As a result of administrative changes within the 
FAA, the position of the Assistant Administrator for Civil Aviation 
Security no longer exists. The authority exercised by that position has 
been transferred to the Assistant Administrator for Security and 
Hazardous Materials, thus necessitating a change in the language of 
Sec.  8.11(b)(3) to reflect the proper office for designation of this 
authority.
    In addition, following the creation of the Department of Homeland 
Security, and the transfer of the United States Coast Guard from DOT to 
the Department of Homeland Security, the delegation of authority from 
the Secretary to the United States Coast Guard is hereby removed and 
the section is renumbered accordingly.
    Since these amendments relate to departmental management, 
organization, procedure, and practice, notice and comment are 
unnecessary under 5 U.S.C. 553(b). Further, since these amendments 
expedite DOT's ability to meet the statutory intent of the applicable 
laws and regulations covered by this delegation, 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.

Regulatory Impact and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    The final rule is not considered a significant regulatory action 
under Executive Order 12866 and DOT Regulatory Policies and Procedures. 
See 44 FR 11034, Feb. 26, 1979. There are no costs associated with this 
rule.

B. Regulatory Flexibility Act and Executive Order 13272

    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 that this rule would impose any costs on small 
entities because it simply delegates authority from one official to 
another. Therefore, I certify that this final rule will not have a 
significant economic impact on a substantial number of small 
businesses.

C. Paperwork Reduction Act

    This rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.

D. Federalism Implications

    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 a substantial direct effect on, or sufficient 
federalism implications for, the States, nor would it limit the 
policymaking discretion of the States. Therefore, the consultation 
requirements of Executive Order 13132 do not apply.

E. Executive Order 13175

    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 direct compliance 
costs, the funding and consultation requirements of Executive Order 
13175 do not apply.

F. Unfunded Mandates Reform Act of 1995

    DOT has determined that the requirements of title II of the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1531) do 
not apply to this rulemaking.

List of Subjects in 49 CFR Part 8

    Classified Information (Government agencies), Classification/
Declassification/Access (Government agencies).

The Final Rule

    For the reasons set forth in the preamble, OST amends 49 CFR part 8 
as follows:

[[Page 19708]]

PART 8--[AMENDED]

0
1. The authority citation for part 8 continues to read as follows:

    Authority:  E. O. 10450, 3 CFR, 1949-1953 Comp., p. 936; E.O. 
12829, 3 CFR, 1993 Comp., p. 570; E.O. 12958, 3 CFR, 1995 Comp., p. 
333; E. O. 12968, 3 CFR, 1995 Comp., p. 391.

Subpart B--Classification/Declassification of Information


Sec.  8.11  [Amended]

0
2. Section 8.11 is amended as follows:
0
a. By removing paragraph (b)(2),
0
b. By redesignating paragraphs (b)(3) and (b)(4) as (b)(2) and (b)(3)
0
c. By amending newly designated paragraph (b)(2) by removing the 
reference ``Assistant Administrator for Civil Aviation Security'', and 
by adding in its place, the reference ``Assistant Administrator for 
Security and Hazardous Materials.''

    Issued in Washington, DC, on March 30, 2011.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2011-8292 Filed 4-7-11; 8:45 am]
BILLING CODE 4910-9X-P


