[Federal Register Volume 63, Number 118 (Friday, June 19, 1998)]
[Rules and Regulations]
[Page 33589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16281]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1, Amdt. 1-293]


Organization and Delegation of Powers and Duties; Delegation to 
the Assistant Secretary for Budget and Programs

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Secretary of Transportation is delegating to the Assistant 
Secretary for Budget and Programs the authority to make appropriate 
Congressional notification pursuant to The National Energy Conservation 
Policy Act, as amended (42 U.S.C. 8287 et seq.). The Act requires the 
agency head to provide Congressional notification for awards of Energy 
Savings Performance Contracts (ESPCs) with cancellation ceilings in 
excess of $750,000. In order that the Code of Federal Regulations 
reflect the delegation to the Assistant Secretary for Budget and 
Programs regarding Congressional notification for ESPC awards, an 
addition to section 1.58 of Title 49 is necessary.

EFFECTIVE DATE: June 19, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Lesley Field, Office of 
Acquisition and Grant Management, Department of Transportation, (202) 
366-4960, 400 Seventh Street SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Pursuant to The National Energy Conservation 
Policy Act, the head of the agency is required to provide Congressional 
notification for ESPCs with cancellation ceilings in excess of $750,000 
(42 U.S.C. 8287(a)(2)(D)). The Act authorizes federal agencies to enter 
into multiyear ESPCs for a period not to exceed 25 years, without 
funding of cancellation charges before cancellation, provided certain 
conditions are met. One of these conditions is that appropriate notice 
be given to Congress 30 days prior to award of a contract that contains 
a cancellation ceiling in excess of $750,000.
    Delegating the notification function to the Assistant Secretary for 
Budget and Programs will expedite the notification process. Since the 
notification in question is to the Appropriation Committees and 
Authorizing Committees, the Budget Office is well situated to implement 
the notification requirement as it handles contacts with these 
committees on many other Departmentwide budgetary issues.
    This rule is being published as a final rule and is being made 
effective on the date of publication. It relates to departmental 
management, organization, procedure, and practice. For this reason, the 
Secretary finds good cause, under 5 U.S.C. 553(b) and (d)(3), that 
notice, and public procedure on the notice are unnecessary and that 
this rule should be made effective on the date of publication.

List of Subjects in 49 CFR Part 1

    Authority delegations (Government agencies), Organization and 
functions (government agencies).
    In consideration of the foregoing, part 1 of title 49, Code of 
Federal Regulations, is amended to read as follows:

PART 1--[AMENDED]

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

    Authority: 49 U.S.C. 322; Pub.L. 101-552, 28 U.S.C. 2672, 31 
U.S.C. 3711(a)(2).


Sec. 1.58  [Amended]

    2. Section 1.58 is amended by adding a new paragraph (h) to read as 
follows:


Sec. 1.58  Delegations to Assistant Secretary for Budget and Programs.

    The Assistant Secretary for Budget and Programs is delegated 
authority to:
* * * * *
    (h) Provide Congressional Notification for Energy Savings 
Performance Contracts (ESPCs) with cancellation ceilings in excess of 
$750,000, pursuant to the National Energy Conservation Policy Act, as 
amended, 42 U.S.C. 8287 et seq.

    Issued in Washington, DC this 15th day of June, 1998.
Rodney Slater,
Secretary of Transportation.
[FR Doc. 98-16281 Filed 6-18-98; 8:45 am]
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