[Federal Register Volume 60, Number 80 (Wednesday, April 26, 1995)]
[Rules and Regulations]
[Pages 20434-20435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10185]
=======================================================================
-----------------------------------------------------------------------
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), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends the organization and delegation of powers
and duties within NHTSA to delegate to the Chief Counsel the authority
to compromise civil penalties in an amount of $25,000 or less for
violations of the former National Traffic and Motor Vehicle Safety Act
and the former Motor Vehicle Information and Cost Savings Act. The
Chief Counsel had previously been delegated the authority to compromise
such penalties for $10,000 or less.
EFFECTIVE DATE: April 26, 1995.
FOR FURTHER INFORMATION CONTACT: Taylor Vinson, Office of Chief
Counsel, NHTSA, 400 Seventh Street SW., Washington, DC 20590 (202-366-
5263).
SUPPLEMENTARY INFORMATION: The Administrator and Chief Counsel of NHTSA
have reviewed the agency's existing policy and procedures for
processing civil penalty proceedings arising out of apparent violations
of 49 U.S.C. Chapter 301, ``Motor Vehicle Safety'' (formerly the
National Traffic and Motor Vehicle Safety Act), and have decided that
the delegated authority of the Chief Counsel to compromise civil
penalties for $10,000 or less should be increased to $25,000.
Experience has shown that it is neither necessary nor appropriate to
involve the Administrator in relatively minor matters that have
historically been resolved for less than $25,000.
Under 49 CFR 501.8(d)(2), the Chief Counsel has also been delegated
compromise authority with respect to violations of ``the Motor Vehicle
Information and Cost Savings Act, as amended (15 U.S.C. 1901 et
seq.).'' That statute has been recodified as 49 U.S.C. Chapters 305,
321, 323, 325, 327, 329, and 331.
Accordingly, the delegation authority to the Chief Counsel is also
being amended to reflect the new recodification. Amendments of other
sections of 49 CFR part 501 reflecting the recodification will be made
at a later date. [[Page 20435]]
Effective Date
The amendments to part 501 relate solely to internal administrative
procedures and have no substantive effect. Thus, they are not covered
by the notice and comment or the effective date provisions of the
Administrative Procedure Act. In addition, they are not covered by
Executive Order 12866 or DOT's Regulatory Policies and Procedures.
Notice and the opportunity for comment are, therefore, not required,
and the amendments may be made effective upon publication in the
Federal Register.
List of Subjects in 49 CFR Part 501
Administrative practice and procedure, Motor vehicles, Motor
vehicle safety.
PART 501--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES
In consideration of the foregoing, 49 CFR part 501 is amended as
follows:
1. The authority citation for part 501 continues to read as
follows:
Authority: 49 U.S.C. 105, 322; delegation of authority at 49 CFR
1.50.
2. Section 501.8 is amended by revising paragraph (d)(2) to read as
follows:
Sec. 501.8 Delegations.
* * * * *
(d) Chief counsel.* * *
(2) Establish the legal sufficiency of all investigations conducted
under the authority of 49 U.S.C. Chapters 301, 305, 321, 323, 325, 327,
329, and 331, and to compromise any civil penalty or monetary
settlement in an amount of $25,000 or less resulting from a violation
of those Chapters.
Issued on: April 20, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-10185 Filed 4-25-95; 8:45 am]
BILLING CODE 4910-59-P
