[Federal Register Volume 66, Number 249 (Friday, December 28, 2001)]
[Rules and Regulations]
[Pages 67117-67118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32021]


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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.

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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.''

[[Page 67118]]

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 Sec. 1.2, new paragraph (1) is added to read as follows:


Sec. 1.2  Definitions.

* * * * *
    (1) The Under Secretary of Transportation for Security.

    3. In Sec. 1.3, new paragraph (b)(12) is added to read as follows:


Sec. 1.3  Organization of the Department.

* * * * *
    (b) * * *
    (12) The Transportation Security Administration, headed by the 
Under Secretary of Transportation for Security.
    4. In Sec. 1.4, new paragraph (n) is added to read as follows:


Sec. 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 security-
related 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]
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