Organization and Delegation of Powers and Duties Transfer of Delegations From Assistant Secretary for Governmental Affairs to General Counsel and Deputy General Counsel

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No 1; Amdt. 1-269]

Organization and Delegation of Powers and Duties Transfer of

Delegations From Assistant Secretary for Governmental Affairs to

General Counsel and Deputy General Counsel

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: Responsibility for the Department's airline consumer

protection program and related responsibilities has been transferred

from the Assistant Secretary for Governmental Affairs to the General

Counsel and the Deputy General Counsel. This rule amends the

delegations to be in accordance with the changed responsibilities. The

rule is necessary to reflect the delegations in the Code of Federal

Regulations.

EFFECTIVE DATE: This rule becomes effective March 28, 1995.

FOR FURTHER INFORMATION CONTACT: Steven B. Farbman, Office of the

Assistant General Counsel for Regulation and Enforcement (202) 366-

9306, United States Department of Transportation, 400 7th Street SW.,

Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Responsibility for the Department's airline

consumer protection program and related responsibilities has been

transferred from the Assistant Secretary for Governmental Affairs to

the General Counsel and the Deputy General Counsel. This rule amends

the delegations to be in accordance with the changed responsibilities.

The Office of Intergovernmental and Consumer Affairs has been changed

to the Office of Intergovernmental Affairs. The Aviation Consumer

Protection Division, located within the Office of the Assistant General

Counsel for Aviation Enforcement and Proceedings, has been created.

Since this rule relates to departmental management, organization,

procedure, and practice, notice and public comment are unnecessary. For

the same reason, good cause exists for not publishing this rule at

least 30 days before its effective date, as is ordinarily required by 5

U.S.C. 553(d). Therefore, this rule is effective on the date of its

publication.

List of Subjects in 49 CFR Part 1

Authority delegations (Government agencies), Organizations and

functions (Government agencies).

PART 1--[AMENDED]

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

Authority: 49 U.S.C. 322; Pub. L. 101-552, 28 U.S.C. 2672, 31

U.S.C. 3711(a)(2).

Sec. 1.22 [Amended]

2. Section 1.22(f) is revised to read as follows:

Sec. 1.22 Structure.

* * * * *

(f) Office of the Assistant Secretary for Governmental Affairs.

This office is composed of the Offices of Congressional Affairs and

Intergovernmental Affairs.

* * * * *

3. In Sec. 1.56a, ``1.61(d)'' is revised to read ``1.57(s)'' in

paragraph (f)(1).

4. In Sec. 1.56b, ``1.61(d)'' is revised to read ``1.57(s)''.

5. Section 1.57 is amended by adding a new paragraph (s) to read as

follows:

Sec. 1.57 Delegations to General Counsel.

* * * * *

(s) Assist and protect consumers in their dealings with the air

transportation industry and assist state and local organizations in

handling airline consumer complaints. Carry out 49 U.S.C. 40113 and

41771 as appropriate to those functions.

* * * * *

6. Section 1.57a is revised to read as follows:

Sec. 1.57a Delegations to Deputy General Counsel.

The Deputy General Counsel is delegated authority to:

(a) Appear on behalf of the Department on the record in hearing

cases, and to initiate and carry out enforcement actions on behalf of

the Department, under the authority transferred to the Department from

the Civil Aeronautics Board as described in Secs. 1.56a(f) and 1.57(s).

This includes the authority to compromise penalties under 49 U.S.C.

46301; to issue appropriate orders, including cease and desist orders,

under 49 U.S.C. 46101; and to require the production of information,

enter carrier property and inspect records and inquire into the

management of the business of a carrier under 49 U.S.C. 41711, as

appropriate to the enforcement responsibilities. In carrying out these

functions, the Deputy General Counsel is not subject to the supervision

of the General Counsel.

(b) Initiate and carry out enforcement actions relating to:

(1) foreign airport security on behalf of the Department under 49

U.S.C. 44907; and

(2) the Consumer Credit Protection Act under section 4(a)(5) of the

Civil Aeronautics Board Sunset Act of 1984 (October 4, 1984; Pub. L.

98-443). In carrying out these functions, the Deputy General Counsel is

not subject to the supervision of the General Counsel.

Sec. 1.61 [Amended]

7. In Sec. 1.61, remove paragraph (d).

Issued at Washington, DC this 22nd day of March, 1995.

Federico Pena,

Secretary of Transportation.

[FR Doc. 95-7568 Filed 3-27-95; 8:45 am]

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