[Federal Register Volume 73, Number 192 (Thursday, October 2, 2008)]
[Rules and Regulations]
[Pages 57268-57269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22361]


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DEPARTMENT OF TRANSPORTATION

49 CFR Parts 1 and 89

[Docket No. DOT-OST-1999-6189]
RIN 9991-AA53


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

AGENCY: Office of the Secretary of Transportation.

ACTION: Final rule.

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SUMMARY: This amendment delegates debt collection, compromise, 
suspension and termination authority under 31 U.S.C. 3711 (except with 
respect to Working Capital Fund claims) from the Secretary of 
Transportation (Secretary) to the Assistant Secretary for Budget and 
Programs by removing that authority from the Assistant Secretary for 
Administration and granting it to the Assistant Secretary for Budget 
and Programs. In addition, this rulemaking removes a reporting 
requirement related to the delegation.

DATES: This final rule is effective on October 2, 2008.

FOR FURTHER INFORMATION CONTACT: Beth Kramer, Office of General 
Counsel, 1200 New Jersey Avenue, SE., Room W96-491, Washington, DC 
20590, Telephone: (202) 366-0365.

SUPPLEMENTARY INFORMATION: Title 49 of the Code of Federal Regulations 
(CFR) 1.59(c)6) and 89.5(a) delegate to the Assistant Secretary for 
Administration the Secretary's authority under 31 U.S.C. 3711 to 
collect, compromise, suspend or end collection action on claims of the 
United States not exceeding $100,000 (excluding interest) arising out 
of the activities of, or referred to, the Office of the Secretary. The 
Secretary has determined that such authority (excluding authority to 
collect, compromise, suspend or end collection action on claims 
pertaining to the Working Capital Fund) should be delegated to the 
Assistant Secretary for Budget and Programs instead of the Assistant 
Secretary for Administration. This rulemaking makes the following 
changes to reflect the change in delegation:
    <bullet> Adds ``debt and'' to 49 CFR 1.23(f);
    <bullet> Adds a new paragraph (j) to 49 CFR 1.58;
    <bullet> Adds language regarding the Working Capital Fund exclusion 
to 49 CFR 1.59(c)(6);
    <bullet> Adds language regarding claims related to the Working 
Capital Fund to 49 CFR 89.5(a), renumbers subsection Sec.  89.5(b) as 
Sec.  89.5(c), and adds a new provision at Sec.  89.5(b); and
    <bullet> Removes ``, reports,'' from the heading of Sec.  89.15, 
adds ``and the Assistant Secretary for Budget and Programs'' to Sec.  
89.15(b)(1), removes Sec.  89.15(b)(2), and renumbers paragraph (b)(3) 
as (b)(2).
    Since this amendment relates to departmental management, 
organization, procedure, and practice, notice and comment are 
unnecessary under 5 U.S.C. 553(b). Further, since the amendment 
expedites the Department'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

[[Page 57269]]

the final rule to be effective on the date of publication in the 
Federal Register.

Regulatory Analyses 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 
(44 FR 11034). There are no costs associated with this rule.

B. Executive Order 13132

    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.

C. 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.

D. 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. 602 et seq.) do not apply. 
This rule imposes no costs on small entities because it simply 
delegates authority from one official to another. Therefore, it is 
certified that this final rule will not have a significant economic 
impact on a substantial number of small businesses.

E. Paperwork Reduction Act

    This rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3502-3520).

F. Unfunded Mandates Reform Act

    The Department of Transportation has determined that the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply to this rulemaking.

List of Subjects

49 CFR Part 1

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

49 CFR Part 89

    Claims, Delegations of authority, Reports.

0
For the reasons set forth in the preamble, the Office of the Secretary 
of Transportation amends parts 1 and 89 as follows:

PART 1--[AMENDED]

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

    Authority: 49 U.S.C. 322; 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2); 
Public Law 101-552, 104 Stat. 2736; Public Law 106-159, 113 Stat. 
1748; Public Law 107-71, 115 Stat. 597; Public Law 107-295, 116 
Stat. 2064; Public Law 107-295, 116 Stat. 2065; Public Law 107-296, 
116 Stat. 2135; 41 U.S.C. 414; Public Law 108-426, 118 Stat. 2423; 
Public Law 109-59, 119 Stat. 1144; Public Law 110-140, 121 Stat. 
1492.


0
2. In Sec.  1.23, revise paragraph (f) to read as follows:


Sec.  1.23  Spheres of primary responsibility.

* * * * *
    (f) Assistant Secretary for Budget and Programs. Preparation, 
review and presentation of Department budget estimates; liaison with 
OMB and Congressional Budget and Appropriations Committees; 
departmental financial plans, apportionments, reapportionments, 
reprogrammings, and allotments; program and systems evaluation and 
analysis; program evaluation criteria; program resource plans; analysis 
and review of legislative proposals and one-time reports and studies 
required by the Congress; budgetary and selected debt and 
administrative matters relating to the Office of the Secretary.
* * * * *
0
3. In Sec.  1.58, add a new paragraph (j) to read as follows:


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

* * * * *
    (j) Exercise the Secretary's authority under 31 U.S.C. 3711 to 
collect, compromise, suspend collection action on, or terminate claims 
of the United States not exceeding $100,000 (excluding interest) which 
are referred to, or arise out of the activities of, the Office of the 
Secretary (excluding claims pertaining to the Working Capital Fund).
0
4. In Sec.  1.59, revise paragraph (c)(6) to read as follows:.


Sec.  1.59  Delegations to the Assistant Secretary for Administration.

* * * * *
    (c) * * *
    (6) Compromise, suspend collection action on, or terminate claims 
of the United States not exceeding $100,000 (excluding interest) which 
are referred to, or arise out of the activities of, the Working Capital 
Fund.
* * * * *

PART 89--[AMENDED]

0
5. The authority citation for part 89 continues to read as follows:

    Authority: Pub. L. 89-508; Pub. L. 89-365, secs. 3, 10, 11, 
13(b), 31 U.S.C. 3701-3720A; Pub. L. 98-167; Pub. L. 98-369; Pub. L. 
99-578; Pub. L. 101-552, 31 U.S.C. 3711(a)(2).

0
6. In Sec.  89.5 revise paragraph (a), redesignate paragraph (b) as 
paragraph (c) and add a new paragraph (b) to read as follows:


Sec.  89.5  Delegations of Authority.

* * * * *
    (a) The Assistant Secretary for Administration with respect to 
collection, compromise, suspension and termination of claims arising 
out of the activities of, or referred to, the Working Capital Fund;
    (b) The Assistant Secretary for Budget and Programs with respect to 
collection, compromise, suspension and termination of collection of 
claims under 31 U.S.C. 3711 arising out of the activities of, or 
referred to, the Office of the Secretary (excluding claims pertaining 
to the Working Capital Fund); and
* * * * *
0
7. In Sec.  89.15 revise the section heading, and paragraph (b) 
introductory text, remove paragraph (b)(2) and redesignate paragraph 
(b)(3) and (b)(2) to read as follows:


Sec.  89.15  Regulations and supporting documentation.

* * * * *
    (b) Each officer to whom authority is delegated under 89.5 shall 
furnish the following information to the Assistant Secretary for 
Administration and the Assistant Secretary for Budget and Programs:
* * * * *

Mary E. Peters,
Secretary of Transportation.
 [FR Doc. E8-22361 Filed 10-1-08; 8:45 am]
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