[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Rules and Regulations]
[Page 61033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28877]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 601
Responsibilities of the Administrator
AGENCY: Federal Transit Administration, DOT.
ACTION: Final rule.
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SUMMARY: The Federal Transit Administration (FTA) is amending 49 CFR
Part 601 to make express that the Deputy Administrator serves as the
Administrator's ``first assistant'' within the meaning of the Federal
Vacancies Reform Act of 1998 and thus serves as the Acting
Administrator when the Administrator's position is vacant.
EFFECTIVE DATE: November 9, 1999.
FOR FURTHER INFORMATION CONTACT: Elizabeth A.S. Martineau, Office of
Chief Counsel, Federal Transit Administration, Room 9316, 400 Seventh
Street, SW., Washington, DC 20590 (202) 366-1936.
SUPPLEMENTARY INFORMATION: This rule amends 49 CFR section 601.4 to
provide that the Deputy Administrator is the Administrator's ``first
assistant'' for purposes of the Federal Vacancies Reform Act of 1998
(Pub. L. 105-277) and to delete references to agency officials who
shall perform the duties of the Administrator in the absence or
disability of the ``first assistant'' and to, instead, refer to the
internal FTA order on succession of authority. This rules does not
impose substantive requirements; it simply updates the Code of Federal
to conform FTA's organizational provisions to the Federal Vacancies
Reform Act to 1998, which alters the way in which vacancies in
presidentially appointed, Senate-conformed offices within the executive
branch may be filled on a temporary basis.
This final rule is ministerial in nature and relates only to agency
management, organization, procedure, and practice and is not a
regulation or rule for the purposes of Executive Order No. 12866.
Therefore, the FTA has determined that notice and comment are
unnecessary and that the rule is exempt for prior notice and comment
requirements under 5 U.S.C. 553(b)(3)(A). These changes will not have
substantive impact and FTA does not expect to receive substantive
comments on the rule. Therefore, FTA finds that there is good cause
under 5 U.S.C. 553(d)(3) to make this rule effective less than 30 days
after publication in the Federal Register.
Regulatory Analyses and Notices
FTA has determined that this action is not a significant regulatory
action under Executive Order 12866 or under the Department's Regulatory
Policies and Procedures. There are no costs associated with this rule.
FTA certifies that this rule will not have a significant economic
impact on a substantial number of small entities. FTA does not believe
that there are sufficient federalism implications to warrant the
preparation of a federalism assessment.
Paper Reduction Act
This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Unfunded Mandates Reform Act of 1995
FTA 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 in 49 CFR Part 601
Authority delegations (Government agencies), Organization and
functions (Government agencies).
For the reasons set forth in the preamble, the Federal Transit
Administration amends 49 CFR Part 601 as follows:
PART 601--[Amended]
1. The authority citation for Part 601 is revised to read as
follows:
Authority: 49 U.S.C. 1657, 1659; Reorganization Plan No. 2 of
1968 (82 Stat. 1369); 49 CFR 1.51.
2. Revise section 601.4 to read as follows:
Sec. 601.4 Responsibilities of the Administrator.
The Administrator is responsible for the planning, direction, and
control of the activities of FTA and has authority to approve urban
mass transportation grants, loans, and contracts. The Deputy
Administrator is the ``first assistant'' for purposes of the Federal
Vacancies Reform Act of 1998 (Pub. L. 105-277) and shall, in the event
of the absence or disability of the Administrator, serve as the Acting
Administrator, subject to the limitations in that Act. In the event of
the absence or disability of both the Administrator and the Deputy
Administrator, officials designated by the agency's internal order on
succession shall serve as Acting Deputy Administrator and shall perform
the duties of the Administrator, except for any non-delegable statutory
and/or regulatory duties.
Issued on: October 29, 1999.
Gordon J. Linton,
Administrator.
[FR Doc. 99-28877 Filed 11-8-99; 8:45 am]
BILLING CODE 4910-57-M
