[Federal Register: August 15, 2000 (Volume 65, Number 158)]
[Rules and Regulations]
[Page 49763-49766]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au00-13]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[Docket No. OST-2000-7761]
Organization and Delegation of Powers and Duties; Delegations
Concerning the Hazardous Materials Transportation Programs
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: The Office of the Secretary of Transportation (OST) is
updating the delegations of authority from the Secretary to five
Operating Administrations and the Associate Deputy Secretary and
Director, Office of Intermodalism, in response to the Secretary's
determination that hazardous materials safety would be enhanced by
placing the focal point for intermodal and cross-modal DOT hazardous
materials program issues with the Associate Deputy Secretary. This
document revises the current delegations concerning hazardous materials
to reflect the primacy of the Associate Deputy Secretary for cross-
modal DOT hazardous materials program issues. Further, this rule
broadens each Operating Administration's delegations to allow them to
use their respective resources for DOT-wide purposes. Additionally, the
rule provides the Director of the Bureau of Transportation Statistics
with the authority, in coordination with the Associate Deputy
Secretary, to work with the Operating Administrations to determine data
needs, collections strategies, and analytical techniques appropriate
for implementing DOT's hazardous materials program.
EFFECTIVE DATE: August 15, 2000.
FOR FURTHER INFORMATION CONTACT: Blane Workie, Regulation and
Enforcement, Office of the General Counsel, U.S. Department of
Transportation, 400 7th Street SW., Room 10424, Washington, DC 20590.
(202) 366-4723.
SUPPLEMENTARY INFORMATION:
A. DOT's Hazardous Materials Program Evaluation
The Government Performance and Results Act of 1993 (GPRA) (Public
Law 103-62; 107 Stat. 285) requires agencies to develop a schedule of
program evaluations for inclusion in their strategic plans. In support
of GPRA, the Department of Transportation (DOT) committed, in its 1997-
2002 strategic plan, to conduct a review of its hazardous materials
transportation programs. The objectives of the hazardous materials
program evaluation (HMPE) were to (1) document current hazardous
materials movements, Operating Administration programs, and program
delivery; (2) assess the effectiveness of DOT's overall hazardous
materials program as it affects each step in the hazardous materials
transportation process; and (3) identify areas for further analysis or
other actions.
During 1999, a team of DOT employees from the Office of Inspector
General, U.S. Coast Guard, Federal Aviation Administration, Federal
Motor Carrier Safety Administration, Federal Railroad Administration,
and Research and Special Programs Administration conducted the HMPE.
They participated in multi-modal and individual modal administration
inspections, visited package-testing facilities, observed shipper-check
activities, and addressed safety conferences. To learn from DOT's
stakeholders--those interested in the safe transportation of hazardous
materials--the HMPE team hosted three public focus group meetings.
Representatives of shippers, carriers, packaging manufacturers,
hazardous materials employees, enforcement personnel, emergency
responders, trade associations, and organized labor participated in the
meetings.
The HMPE team's findings are set out in its March 2000 final report
to the Secretary. In summary, the HMPE team made the following five
findings. First, the Secretarial delegations do not provide for DOT-
wide coordination or oversight of the five DOT Operating
Administrations responsible for ensuring hazardous materials safety.
Second, shippers of hazardous materials are a common element across the
Operating Administrations, perform critical functions early in the
transportation stream, and can impact safety system wide. However,
shippers generally receive less attention DOT-wide than carriers.
Third, human error continues to be the single greatest contributing
factor in hazardous materials incidents and DOT has not been effective
in changing this trend. In addition, the traveling public is largely
unaware of the dangers posed by hazardous materials they may carry with
them in checked or carry-on baggage. Also, the traveling public is
unaware of the threat to hazardous materials transportation safety
posed by passenger vehicles engaged in unsafe driving practices on the
nation's highways. Fourth, DOT lacks reliable, accurate, and timely
data to measure program effectiveness and make informed program
delivery and resource decisions. Fifth, there are numerous cross-modal
issues (issues that are relevant to more than one operating
administration) and intermodal issues (issues that affect more than one
mode of transportation) that require further analysis and other
actions, for example, undeclared hazardous materials shipments, the
complexity and adequacy of the current hazardous materials regulations,
safety gaps related to hazardous materials in the U.S. mail, enhanced
inspection authority, and ways to improve DOT's current performance
measure.
Based on its findings, the HMPE team concluded that while DOT's
hazardous materials program works reasonably well, DOT could enhance
hazardous materials transportation safety by: (1) Establishing a
central focal point to administer and deliver a DOT-wide hazardous
materials program aimed at intermodal and cross-modal issues to provide
for more effective deployment of resources; (2) developing DOT-wide
strategies and actions to focus more on high-risk or problem shippers
through targeted outreach activities, technical assistance, and
inspections; (3)
[[Page 49764]]
strengthening its training standard to improve industry safety
practices and compliance with the hazardous materials regulations; (4)
developing a coordinated national campaign to increase public awareness
of the dangers of hazardous materials in transportation; and (5)
improving hazardous materials census, incident, compliance, and budget
data DOT-wide, improving the analysis of that data, and developing ways
to increase data availability and usefulness.
B. Changes to Secretarial Delegations
To achieve a One-DOT approach to hazardous materials safety, the
HMPE team concluded that DOT should establish an institutional
capacity, complementary to the Operating Administrations at the
Department-wide level, to facilitate program coordination and direction
to provide for more effective deployment of DOT's hazardous materials
resources. The institutional capacity should administer and deliver a
department-wide hazardous materials program to strengthen strategic
planning, program coordination, and program delivery. It should have
the authority to establish DOT-wide policy, program objectives and
priorities, and focus budget and resource strategies.
Based on the HMPE team's findings and recommendations, the
Secretary has decided to place the focal point for intermodal and
cross-modal DOT hazardous materials program issues with the Associate
Deputy Secretary and Director, Office of Intermodalism (Associate
Deputy Secretary). That office will be responsible for implementing the
HMPE team's recommendations, including the items identified as needing
further analysis. Specifically, that office will:
(1) Serve as the principal adviser to the Secretary on all
intermodal and cross-modal hazardous materials matters;
(2) Act as the focal point for review of hazardous materials
policies, priorities, and objectives;
(3) Provide oversight for planning and budgeting strategies for all
departmental hazardous materials activities;
(4) Resolve disputes among Operating Administrations on hazardous
materials issues;
(5) Provide external reviews and continual monitoring of all
departmental hazardous materials activities;
(6) In coordination with the Assistant Secretary for Budget and
Programs, direct that the Operating Administrations apply resources to
specific cross-modal initiatives;
(7) Coordinate DOT-wide hazardous materials outreach and data
activities; and
(8) Address other regulatory and programmatic cross-modal issues
related to hazardous materials, as warranted.
In addition to carrying out the HMPE team's recommendations, the
Secretary has delegated to the Director of the Bureau of Transportation
Statistics the authority to work with the Operating Administrations to
determine data needs, collections strategies, and analytical techniques
appropriate for implementing DOT's hazardous materials program. This
authority is to be exercised in coordination with the Associate Deputy
Secretary.
Finally, to clearly establish the hazardous materials primacy of
the Associate Deputy Secretary, the Secretary has made complementary
changes to the delegations to the five Operating Administrations with
hazardous materials responsibilities. Each Operating Administration's
hazardous materials delegation (with the exception of certain single-
mode functions) has been made subject to the delegations to the
Associate Deputy Secretary. Further, their delegations have been
broadened to allow them to use their resources for DOT-wide purposes,
such as inspections of shippers by all modes of transportation. Minor
revisions are also being made to 49 CFR part 1 to update statutory
authority citations where necessary.
C. Public Notice and Comment/Effective Date of Final Rule
This final rule updates the delegations of authority from the
Secretary of Transportation to other Departmental officials to
represent the organizational posture of the Department. As such, the
final rule is ministerial in nature and relates only to Departmental
management, organization, procedure, and practice. Since this amendment
relates to departmental organization, procedure and practice, notice
and comment on it are unnecessary under 5 U.S.C. 553(b).
Furthermore, this rule does not impose substantive requirements on
the public and the Department does not expect to receive substantive
comments on the rule. Also, this final rule expedites the Department of
Transportation's ability to meet the statutory intent of the Federal
hazardous materials transportation law, 49 U.S.C. 5101-5127.
Consequently, the Department finds that there is good cause under 5
U.S.C. 553(d)(3) to make this rule effective on the date of publication
in the Federal Register.
Regulatory Analyses and Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is not considered a significant regulatory action
under Executive Order 12866 and the Regulatory Policies and Procedures
of the Department of Transportation (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 adopt any regulation that:
(1) Has substantial direct effects on the States, the relationship
between the national government and the States, or the distribution of
power and responsibilities among the various levels of government; (2)
imposes substantial direct compliance costs on State and local
governments; or (3) preempts state law. Therefore, the consultation and
funding requirements of Executive Order 13132 do not apply.
C. Executive Order 13084
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084 (``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
13084 do not apply.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. I hereby
certify this final rule, which amends the CFR to reflect delegations of
authority from the Secretary of Transportation to Departmental officers
and Operating Administrations, 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. 3501-3520).
[[Page 49765]]
F. Unfunded Mandates Reform Act
The Department 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 1
Authority delegations (Government agencies), Organization and
functions (Government agencies).
In consideration of the foregoing, Part 1 of Title 49, Code of
Federal Regulations, is amended to read as follows:
PART 1--[AMENDED]
1. The authority citation for Part 1 continues 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. No. 106-
159, 113 Stat. 1748.
2. In Sec. 1.46 revise paragraphs (t) and (u) to read as follows:
Sec. 1.46 Delegations to Commandant of the Coast Guard.
* * * * *
(t) Carry out the functions vested in the Secretary by 49 U.S.C.
5101 et seq. and 46 App. U.S.C. 3306(a)(5) to the extent they relate to
regulations and exemptions governing the bulk transportation of
hazardous materials that are loaded or carried on board a vessel
without benefit of containers or labels, and received and handled by
the vessel carrier without mark or count, and regulations and
exemptions governing ships' stores and supplies.
(u) Except as delegated by Sec. 1.74, carry out the functions
vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123,
and 5124 relating to investigations, records, inspections, penalties,
and specific relief, with particular emphasis on the transportation or
shipment of hazardous materials by water.
* * * * *
3. In Sec. 1.47 revise subparagraph (j) to read as follows:
Sec. 1.47 Delegations to the Federal Aviation Administrator.
* * * * *
(j)(1) Except as delegated by Sec. 1.74, carry out the functions
vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123,
and 5124 relating to investigations, records, inspections, penalties,
and specific relief, with particular emphasis on the transportation or
shipment of hazardous materials by air, including the manufacture,
fabrication, marking, maintenance, reconditioning, repair or test of
containers which are represented, marked, certified, or sold for use in
the bulk transportation of hazardous materials by air; and
(2) Carry out the functions vested in the Secretary by 49 U.S.C.
5114 as it relates to the establishment of procedures for monitoring
and enforcing provisions of regulations with respect to the
transportation of radioactive materials on passenger-carrying aircraft.
* * * * *
4. In Sec. 1.49 revise paragraphs (s)(1) and (s)(2) to read as
follows:
Sec. 1.49 Delegations to Federal Railroad Administrator.
* * * * *
(s)(1) Except as delegated by Sec. 1.74, carry out the functions
vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123,
and 5124 relating to investigations, records, inspections, penalties,
and specific relief, with particular emphasis on the transportation or
shipment of hazardous materials by railroad, including the manufacture,
fabrication, marking, maintenance, reconditioning, repair or test of
containers which are represented, marked, certified, or sold for use in
the bulk transportation of hazardous materials by railroad.
(2) Carry out the functions vested in the Secretary by 49 U.S.C.
5105(b) relating to a rail transportation safety study and 5111
relating to rail tank cars.
* * * * *
5. In Sec. 1.53 revise paragraph (b) to read as follows:
Sec. 1.53 Delegations to the Administrator of the Research and Special
Programs Administration.
* * * * *
(b) Hazardous materials. Except as delegated by Sec. 1.74:
(1) Carry out the functions vested in the Secretary by 49 U.S.C.
5121(a), (b) and (c), 5122, 5123, and 5124 relating to investigations,
records, inspections, penalties, and specific relief, with particular
emphasis on the shipment of hazardous materials and the manufacture,
fabrication, marking, maintenance, reconditioning, repair or test of
multi-modal containers that are represented, marked, certified, or sold
for use in the transportation of hazardous materials; and
(2) Carry out the functions vested in the Secretary by all other
provisions of the Federal hazardous material transportation law, 49
U.S.C. 5101 et seq., except as delegated by Secs. 1.46(t), 1.47(j)(2),
1.49(s)(2), and 1.73(d)(2).
* * * * *
6. In Sec. 1.73 revise paragraphs (d)(1) and (d)(2) to read as
follows:
Sec. 1.73 Delegations to the Administrator of the Federal Motor
Carrier Safety Administration.
* * * * *
(d)(1) Except as delegated by Sec. 1.74, carry out the functions
vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123,
and 5124 relating to investigations, records, inspections, penalties,
and specific relief with particular emphasis on the transportation or
shipment of hazardous materials by highway, including the manufacture,
fabrication, marking, maintenance, reconditioning, repair or test of
containers which are represented, marked, certified, or sold for use in
the bulk transportation of hazardous materials by highway.
(2) Carry out the functions vested in the Secretary by 49 U.S.C.
5112 relating to highway routing of hazardous materials; 5109 relating
to motor carrier safety permits, except subsection (f); 5113 relating
to unsatisfactory safety ratings of motor carriers; 5125(a) and (c)-
(f), relating to preemption determinations or waivers of preemption of
hazardous materials highway routing requirements; 5105(e) relating to
inspections of motor vehicles carrying hazardous material; 5119
relating to uniform forms and procedures; and 5127(f) and (g) relating
to credits to appropriations and availability of amounts.
* * * * *
7. In Sec. 1.71 add paragraph (c) to read as follows:
Sec. 1.71 Delegations to the Director of the Bureau of Transportation
Statistics.
* * * * *
(c) Hazardous materials information. In coordination with the
Associate Deputy Secretary and Director, Office of Intermodalism, work
with the Operating Administrations to determine data needs, collection
strategies, and analytical techniques appropriate for implementing 49
U.S.C. 5101 et seq.
8. Add a new Sec. 1.74 to read as follows:
Sec. 1.74 Delegations to the Associate Deputy Secretary and Director,
Office of Intermodalism.
The Associate Deputy Secretary and Director, Office of
Intermodalism is delegated authority under the Federal hazardous
material transportation law, 49 U.S.C. 5101 et seq., to:
(a) Serve as the principal adviser to the Secretary on all
intermodal and cross-modal hazardous materials matters;
(b) Act as the focal point for review of hazardous materials
policies, priorities, and objectives;
[[Page 49766]]
(c) Provide oversight for planning and budgeting strategies for all
departmental hazardous materials activities;
(d) Resolve disputes among Operating Administrations on hazardous
materials issues;
(e) Provide external reviews and continual monitoring of all
departmental hazardous materials activities;
(f) In coordination with the Assistant Secretary for Budget and
Programs, direct that the Operating Administrations apply resources to
specific cross-modal initiatives;
(g) Coordinate DOT-wide hazardous materials outreach and data
activities; and
(h) Address other regulatory and programmatic cross-modal issues
related to hazardous materials as warranted.
Issued in Washington, DC on August 10, 2000.
Rodney E. Slater,
Secretary.
[FR Doc. 00-20702 Filed 8-14-00; 8:45 am]
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