[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Rules and Regulations]
[Pages 19707-19708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8292]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
49 CFR Part 8
[Docket No. DOT-OST-1999-6189]
RIN 9991-AA58
Classified Information: Classification/Declassification/Access;
Authority To Classify Information
AGENCY: Office of the Secretary of Transportation (OST), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule delegates various authorities vested in the
Secretary of Transportation (Secretary) by Executive Order 13526 to
originally classify information as SECRET or CONFIDENTIAL to the
Administrator of the Federal Aviation Administration, and to the
Assistant Administrator for Security and Hazardous Materials.
DATES: This final rule is effective April 8, 2011.
FOR FURTHER INFORMATION CONTACT: Brett Jortland, Attorney, Office of
the General Counsel, U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590, E-mail: [email protected],
Telephone: (202) 366-9314.
SUPPLEMENTARY INFORMATION: Executive Order 13526 confers upon the
Secretary the authority to originally classify information as SECRET or
CONFIDENTIAL, with further authorization to designate this authority.
Title 49 of the Code of Federal Regulations (CFR), Section 8.11(b)(3)
delegates this authority to the Administrator of the Federal Aviation
Administration (FAA), and the Assistant Administrator for Civil
Aviation Security. As a result of administrative changes within the
FAA, the position of the Assistant Administrator for Civil Aviation
Security no longer exists. The authority exercised by that position has
been transferred to the Assistant Administrator for Security and
Hazardous Materials, thus necessitating a change in the language of
Sec. 8.11(b)(3) to reflect the proper office for designation of this
authority.
In addition, following the creation of the Department of Homeland
Security, and the transfer of the United States Coast Guard from DOT to
the Department of Homeland Security, the delegation of authority from
the Secretary to the United States Coast Guard is hereby removed and
the section is renumbered accordingly.
Since these amendments relate to departmental management,
organization, procedure, and practice, notice and comment are
unnecessary under 5 U.S.C. 553(b). Further, since these amendments
expedite DOT'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 the final rule to be effective
on the date of publication in the Federal Register.
Regulatory Impact 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.
See 44 FR 11034, Feb. 26, 1979. There are no costs associated with this
rule.
B. Regulatory Flexibility Act and Executive Order 13272
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. 601 et seq.) do not apply. We
also do not believe that this rule would impose any costs on small
entities because it simply delegates authority from one official to
another. Therefore, I certify that this final rule will not have a
significant economic impact on a substantial number of small
businesses.
C. Paperwork Reduction Act
This rule contains no information collection requirements under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq.
D. Federalism Implications
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.
E. 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.
F. Unfunded Mandates Reform Act of 1995
DOT has determined that the requirements of title II of the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 2 U.S.C. 1531) do
not apply to this rulemaking.
List of Subjects in 49 CFR Part 8
Classified Information (Government agencies), Classification/
Declassification/Access (Government agencies).
The Final Rule
For the reasons set forth in the preamble, OST amends 49 CFR part 8
as follows:
[[Page 19708]]
PART 8--[AMENDED]
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1. The authority citation for part 8 continues to read as follows:
Authority: E. O. 10450, 3 CFR, 1949-1953 Comp., p. 936; E.O.
12829, 3 CFR, 1993 Comp., p. 570; E.O. 12958, 3 CFR, 1995 Comp., p.
333; E. O. 12968, 3 CFR, 1995 Comp., p. 391.
Subpart B--Classification/Declassification of Information
Sec. 8.11 [Amended]
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2. Section 8.11 is amended as follows:
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a. By removing paragraph (b)(2),
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b. By redesignating paragraphs (b)(3) and (b)(4) as (b)(2) and (b)(3)
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c. By amending newly designated paragraph (b)(2) by removing the
reference ``Assistant Administrator for Civil Aviation Security'', and
by adding in its place, the reference ``Assistant Administrator for
Security and Hazardous Materials.''
Issued in Washington, DC, on March 30, 2011.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2011-8292 Filed 4-7-11; 8:45 am]
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