
[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Rules and Regulations]
[Pages 19191-19193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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


