[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Rules and Regulations]
[Pages 9788-9789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4264]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 501
Organization and Delegation of Powers and Duties
agency: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
action: Final rule.
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summary: This notice amends the delegations of authority within the
National Highway Traffic Safety Administration by transferring, from
the Associate Administrator for Enforcement to the Director, Office of
Vehicle Safety Compliance, the responsibility for granting and denying
petitions for import eligibility decisions that are submitted to the
agency under 49 U.S.C. 30141(a)(1) (formerly section 108(c)(3)(C)(i)(I)
of the National Traffic and Motor Vehicle Safety Act (the Act)).
effective date: This delegation is effective as of February 22, 1995.
for further information contact: Coleman Sachs, Office of the Chief
Counsel (NCC-10), National Highway Traffic Safety Administration, 400
Seventh Street SW, Washington, DC 20590 (202-366-5263).
SUPPLEMENTARY INFORMATION:
This notice amends the delegations of authority within the National
Highway Traffic Safety Administration (NHTSA) to reflect the transfer
of responsibilities from NHTSA's Associate Administrator for
Enforcement to one of the Associate Administrator's subordinates, the
Director of the Office of Vehicle Safety Compliance. Under the existing
delegations of authority, the Associate Administrator for Enforcement
is responsible for the ``[g]ranting and denying of petitions for import
eligibility determinations submitted to the NHTSA by motor vehicle
manufacturers and registered importers * * *.'' 49 CFR 501.8(g)(3).
Regulations establishing the procedures for making these determinations
are found at 49 CFR part 593.
Those regulations implement 49 U.S.C. 30141(a)(1)(A) (formerly
section 108(c)(3)(A)(i)(I) of the Act), which provides that a motor
vehicle not originally manufactured to conform to all applicable
Federal motor vehicle safety standards shall be refused admission into
the United States unless NHTSA has decided that it is substantially
similar to a motor vehicle originally manufactured for importation
[[Page 9789]] into and sale in the United States, certified under 49
U.S.C. 30115 (formerly section 114 of the Act), and of the same model
year as the model of the motor vehicle to be compared, and is capable
of being readily altered to conform to all applicable Federal motor
vehicle safety standards. Where there is no substantially similar U.S.-
certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) (formerly section
108(c)(3)(A)(i)(II) of the Act) permits a nonconforming motor vehicle
to be admitted into the United States if its safety features comply
with, or are capable of being altered to comply with, all applicable
safety standards.
Under 49 U.S.C. 30141(a) (formerly section 108(c)(3)(C)(i) of the
Act), these import eligibility decisions may be made ``on the
initiative of the Secretary of Transportation or on petition of a
manufacturer or importer registered under (49 U.S.C. 30141(c).'' The
Secretary's authority to make these determinations is delegated to the
Administrator of NHTSA under 49 CFR 1.50(a). The Administrator, in
turn, delegated to the Associate Administrator for Enforcement, under
49 CFR 501.8(g)(3), the responsibility for granting and denying
petitions for import eligibility determinations submitted to the agency
by registered importers and manufacturers.
This notice transfers these responsibilities to the Director of
NHTSA's Office of Vehicle Safety Compliance. This transfer will
eliminate one level of management review for these actions, thereby
reducing the processing time for the petitions and some of the costs
associated with the importation of the vehicles to which the petitions
relate.
The amendment made through this notice relates solely to the
organization and assignment of duties within the agency, and has no
substantive regulatory effect. It is therefore not subject to the
notice and comment and the effective date requirements of the
Administrative Procedure Act. This amendment is also not subject to the
requirements of Executive Order 12866 or to the Department of
Transportation's regulatory policies and procedures. Notice and the
opportunity for public comment are therefore not required, and this
amendment is effective immediately upon publication in the Federal
Register.
List of Subjects in 49 CFR Part 501
Authority, Delegations.
In consideration of the foregoing, 49 CFR part 501 is amended as
follows:
PART 501--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES
1. The authority citation for part 501 continues to read as
follows:
Authority: 49 U.S.C. secs. 105 and 322; delegation of authority
at 49 CFR 1.50.
2. Section 501.8 is amended by removing paragraph (g)(3), and by
adding a new paragraph (l), to read as follows:
Sec. 501.8 Delegations.
* * * * *
(l) Director, Office of Vehicle Safety Compliance, Enforcement. The
Director, Office of Vehicle Safety Compliance, Enforcement, is
delegated authority to exercise the powers and perform the duties of
the Administrator with respect to granting and denying petitions for
import eligibility decisions submitted to the NHTSA by motor vehicle
manufacturers and registered importers under 49 U.S.C. 30141(a)(1).
Issued on: February 15, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-4264 Filed 2-21-95; 8:45 am]
BILLING CODE 4910-59-M
