Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations 67117

16. Report to Congress. The

Commission will send a copy of the

Second Order, including this FRFA, in

a report to Congress pursuant to the

Small Business Regulatory Enforcement

Fairness Act of 1996, 5 U.S.C.

801(a)(1)(A). The Second Order and this

FRFA (or summaries thereof) will also

be published in the Federal Register,

see 5 U.S.C. 604(b), and will be sent to

the Chief Counsel for Advocacy of the

Small Business Administration.

Paperwork Reduction Act

This Second Order has been analyzed

with respect to the Paperwork

Reduction Act of 1995 (the ‘‘1995 Act’’)

and does not impose new or modified

information collection requirements on

the public.

OMB Approval Number: 3060–0981.

Title: 1998 Biennial Regulatory

Review ‘‘ Streamlining of Cable

Television Services Part 76 Public File

and Notice Requirements, Second

Report and Order.

Type of Review: None.

Respondents: Businesses or other forprofit entities.

Needs and Uses: The Commission

adopted the Report and Order pursuant

to Section 11 of the 1996

Telecommunications Act which

requires the Commission to conduct a

biennial review of regulations that apply

to operations and activities of any

provider of telecommunications service

and to repeal or modify any regulation

it determines to be no longer in the

public interest. Although Section 11

does not specifically refer to cable

operators, the Commission has

determined that the first biennial review

presented an excellent opportunity for a

thorough examination of all of the

Commission’s regulations. The initial

NPRM in this proceeding was not

published in the Federal Register. The

Commission found that, with the

exception of one provision, the rules

adopted in the Report and Order are

procedural in nature and subject to the

prior notice exemption contained in

§ 1.412(b)(5) of the Commission’s rules.

The Federal Register notice provided

notice of § 76.1700(a), adopted as an

interim rule and provided interested

parties the opportunity to comment.

List of Subjects in 47 CFR Part 76

Multichannel video and cable

television service.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

For the reasons discussed in the

preamble, the Federal Communications

Commission amends 47 CFR part 76 as

follows:

PART 76—MULTICHANNEL VIDEO

AND CABLE TELEVISION SERVICE

1. The authority citation for Part 76

continues to read as follows:

Authority: 47 U.S.C. 151, 152, 153, 154,

301, 302, 303, 303a, 307, 308, 309, 312, 315,

317, 325, 338, 339, 503, 521, 522, 531, 532,

533, 534, 535, 536, 537, 543, 544, 544a, 545,

548, 549, 552, 554, 556, 558, 560, 561, 571,

572, 573.

2. Section 76.1700 is amended by

revising the section heading and the

introductory text of paragraph (a) to

read as follows:

§ 76.1700 Records to be maintained by

cable system operators.

(a) Recordkeeping requirements. The

operator of every cable television system

having fewer than 1,000 subscribers is

exempt from the public inspection

requirements contained in § 76.1701

(political file); § 76.1715 (sponsorship

identification); § 76.1702 (EEO records

available for public inspection);

§ 76.1703 (commercial records for

children’s programming); § 76.1704

(proof-of-performance test data); and

§ 76.1706 (signal leakage logs and repair

records). The operator of every cable

television system having 1000 or more

subscribers but fewer than 5000

subscribers shall, upon request, provide

the information required by § 76.1715

(sponsorship identification); § 76.1702

(EEO records available for public

inspection); § 76.1703 (commercial

records for children’s programming);

§ 76.1704 (proof-of-performance test

data); and § 76.1706 (signal leakage logs

and repair records) but shall maintain

for public inspection a file containing a

copy of all records required to be kept

by § 76.1701 (political file). The

operator of every cable television system

having 5000 or more subscribers shall

maintain for public inspection a file

containing a copy of all records which

are required to be kept by § 76.1701

(political file); § 76.1715 (sponsorship

identification); § 76.1702 (EEO records

available for public inspection);

§ 76.1703 (commercial records for

children’s programming); § 76.1704

(proof-of-performance test data); and

§ 76.1706 (signal leakage logs and repair

records).

* * * * *

[FR Doc. 01–31869 Filed 12–27–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary of

Transportation

49 CFR Part 1

[Docket No. OST–1999–6189]

RIN 2105–ZZ04

Organization and Delegation of Powers

and Duties to the Under Secretary of

Transportation for Security,

Transportation Security Administration

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: A new operating

administration, the Transportation

Security Administration (TSA), headed

by the Under Secretary of

Transportation for Security, was

established within the United States

Department of Transportation (DOT)

pursuant to the Aviation and

Transportation Security Act [Public Law

107–71 (November 19, 2001)].

Accordingly, by this action, the

Secretary of Transportation (Secretary)

amends Part 1 of title 49, Code of

Federal Regulations, to reflect this new

DOT operating administration and its

general responsibilities.

EFFECTIVE DATE: This Final Rule is

effective on December 28, 2001.

FOR FURTHER INFORMATION CONTACT:

Steven Cohen, Office of the General

Counsel, Office of Environmental, Civil

Rights, and General Law, Department of

Transportation (C–10), 400 Seventh

Street, SW., Room 10101, Washington,

DC 20590, (202) 366–4684 (voice), (202)

366–9170 (fax) (202) 755–7687 (TDD).

SUPPLEMENTARY INFORMATION:

Electronic Access

An electronic copy of this document

may be downloaded by using a

computer, modem, and suitable

communications software from the

Government Printing Office’s Electronic

Bulletin Board Service at (202) 512–

1661. Internet users may reach the

Office of the Federal Register’s home

page at: http://www.nara.gov/fedreg and

the Government Printing Office’s

database at: http://www.access.gpo.gov/

nara. You can also view and download

this document by going to the webpage

of the Department’s Docket Management

System (http://dms.dot.gov/). On that

page, click on ‘‘search.’’ On the next

page, type in the four-digit docket

number shown on the first page of this

document. Then click on ‘‘search.’’

67118 Federal Register / Vol. 66, No. 249 / Friday, December 28, 2001 / Rules and Regulations

Background

The Aviation and Transportation

Security Act (ATSA) amends Chapter 1

of title 49, United States Code, by

establishing TSA within DOT. TSA is

headed by the Under Secretary of

Transportation for Security.

Accordingly, this rule amends Part 1 of

title 49, Code of Federal Regulations, to

reflect the establishment of TSA.

Specifically, these amendments (1) Add

the Under Secretary of Transportation

for Security to the definition of

‘‘Administrator;’’ (2) add TSA to the list

of operating elements within DOT that

report directly to the Secretary; and (3)

set forth TSA’s general responsibilities.

This rule is being published as a final

rule and made effective on the date

signed by the Secretary of

Transportation. As the rule relates to

departmental organization, procedure,

and practice, notice and comment on it

are unnecessary under 5 U.S.C. 553(b).

This action makes no substantive

changes to transportation regulations. In

addition, the functions addressed in this

rule must be implemented immediately

to facilitate the formation of TSA, as

created by the Act. Therefore, prior

notice and opportunity to comment are

unnecessary, and good cause exists to

dispense with the 30-day delay in the

effective date requirement so that TSA

may operate pursuant to the

amendments noted above.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), Organization and functions

(Government agencies).

Issued this 20th day of December 2001, at

Washington, DC.

Norman Y. Mineta,

Secretary of Transportation.

In consideration of the foregoing, Part

1 of title 49, Code of Federal

Regulations, is amended as follows:

PART 1—[AMENDED]

1. The authority citation for Part 1 is

revised to read as follows:

Authority: 49 U.S.C. 322; 46 U.S.C.

2104(a); 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2);

Pub. L. 101–552, 104 Stat. 2736; Pub L. 106–

159, 113 Stat. 1748; Pub. L. 107–71, 115 Stat.

597.

2. In § 1.2, new paragraph (1) is added

to read as follows:

§ 1.2 Definitions.

* * * * *

(1) The Under Secretary of

Transportation for Security.

3. In § 1.3, new paragraph (b)(12) is

added to read as follows:

§ 1.3 Organization of the Department.

* * * * *

(b) * * *

(12) The Transportation Security

Administration, headed by the Under

Secretary of Transportation for Security.

4. In § 1.4, new paragraph (n) is added

to read as follows:

§ 1.4 General responsibilities.

* * * * *

(n) The Transportation Security

Administration. Is responsible for:

(1) Security relating to civil aviation

and all other modes of transportation

within the Department of

Transportation, including at

transportation facilities;

(2) Federal security screening

operations for passenger air

transportation and intrastate air

transportation;

(3) Managing and carrying out

program and regulatory activities,

including administering laws and

promulgating and enforcing securityrelated regulations and requirements in

all modes of transportation, including at

transportation facilities;

(4) Receiving, assessing, coordinating

and distributing intelligence

information related to transportation

security;

(5) Developing, coordinating and

carrying out plans to discover, prevent

and deal with threats to transportation

security;

(6) Identifying and undertaking

research and development activities

related to enhancing transportation

security; and

(7) Coordinating domestic

transportation, including aviation, rail,

and other surface transportation, and

maritime transportation (including port

security) and overseeing all

transportation related responsibilities of

the Federal Government, other than the

Department of Defense and the military

departments, during a national

emergency.

[FR Doc. 01–32021 Filed 12–21–01; 4:27 pm]

BILLING CODE 4910–62–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[Docket No. 011218303-1303-01; I.D.

110501B]

RIN 0648-AP70

Atlantic Highly Migratory Species;

Commercial Shark Management

Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency rule; request for

comments; fishing season notification.

SUMMARY: NMFS issues an emergency

rule to establish the commercial quotas

for large and small coastal sharks at

1,285 metric tons (mt) dressed weight

(dw) and 1,760 mt dw, respectively.

These regulations are necessary to

ensure that the regulations in force are

consistent with a court-approved

settlement agreement and are based on

the best available science. NMFS also

notifies eligible participants of the

opening and closing dates for the

Atlantic large coastal sharks (LCS),

small coastal sharks (SCS), pelagic

sharks, blue sharks, and porbeagle

sharks fishing seasons.

DATES: This emergency rule is effective

as of 12:01 a.m., local time, on January

1, 2002, through July 1, 2002.

The fishery opening for LCS is

effective January 1, 2002 through 11:30

p.m., local time, April 15, 2002. The

LCS closure is effective from 11:30 p.m.,

local time, April 15, 2002, through June

30, 2002.

The fishery opening for SCS, pelagic

sharks, blue sharks, and porbeagle

sharks is effective January 1, 2001,

through June 30, 2001, unless otherwise

modified or superseded through

publication of a closure notice in the

Federal Register.

Comments on the emergency rule

must be received no later than 5 p.m. on

March 28, 2002.

ADDRESSES: Written comments on this

emergency rule must be mailed to

Christopher Rogers, Chief, NMFS Highly

Migratory Species Management

Division, 1315 East-West Highway,

Silver Spring, MD 20910; or faxed to

301-713-1917. Comments will not be

accepted if submitted via email or the

Internet. Copies of the Environmental

Assessment and Regulatory Impact

Review prepared for this emergency rule

may be obtained from Margo SchulzeVerDate 11<MAY>2000 09:31 Dec 27, 2001 Jkt 197001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM pfrm01 PsN: 28DER1