Organization, functions, and authority delegations: Federal Railroad Administrator,


[Federal Register: October 28, 1998 (Volume 63, Number 208)]

[Rules and Regulations]

[Page 57610]

From the Federal Register Online via GPO Access []



Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 1-295]

Organization and Delegation of Powers and Duties; Delegation to the Federal Railroad Administrator

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Secretary is delegating his authority to the Federal Railroad Administrator under section 322 to Title 23 of the United States Code. Section 322, titled the Magnetic Levitation Transportation Technology Deployment Program, was added by section 1218 of the Transportation Equity Act for the 21st Century, Public Law 105-178 (June 9, 1998). Section 322 provides a total of $55 million for Fiscal Years 1999 through 2001 for preconstruction planning activities, final design, engineering, and construction activities for maglev deployment; $15 million is available in Fiscal Year 1999 and $40 million for Fiscal Years 2000 and 2001. Also, section 322 authorizes--but does not appropriate--additional Federal funds of $950 million for final design and construction of the most promising project. The authority of the Secretary in section 322 to make financial assistance available to states through the establishment of eligibility criteria, solicitation of applications, and the selection of projects for funding should be delegated to the Federal Railroad Administrator because FRA has the expertise and staff to carry out this program in accordance with the statutory requirements.

EFFECTIVE DATE: October 28, 1998.

FOR FURTHER INFORMATION CONTACT: Gareth W. Rosenau, Office of Chief Counsel (RCC-20), Federal Railroad Administration, 400 Seventh Street, SW. (Stop 10), Washington, DC 20590. Phone: (202) 493-6054.

SUPPLEMENTARY INFORMATION: Since this amendment relates to departmental organization, procedure and practice, notice and comment on it are unnecessary under 5 U.S.C. 553(b). Further, since the amendment expedites the Federal Railroad Administration's ability to meet the statutory deadlines of the Magnetic Levitation Transportation Technology Deployment Program, 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.

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, effective upon publication, to read as follows:


  1. The authority citation for part 1 continues to read as follows:

    Authority: 49 U.S.C. 322; Public Law 101-552, 28 U.S.C. 2672, 31 U.S.C. 3711(a)(2).

  2. In Sec. 1.49 (Delegations to Federal Railroad Administrator), the following section (kk) is added at the end thereof.

    Sec. 1.49 Delegations to the Federal Railroad Administration.

    * * * * *

    (kk) Carry out the functions and exercise the authority vested in the Secretary by 23 U.S.C. 322, titled the Magnetic Levitation Transportation Technology Deployment Program.

    Issued in Washington, DC, this 21st day of October, 1998. Rodney E. Slater, Secretary of Transportation.

    [FR Doc. 98-28821Filed10-27-98; 8:45 am]

    BILLING CODE 4910-62-P