[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26468-26469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13299]
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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), DOT.
ACTION: Final rule.
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SUMMARY: This final rule delegates to NHTSA's Chief Counsel the
authority to issue authoritative interpretations of the statutes
administered by NHTSA and the regulations issued by the agency.
EFFECTIVE DATE: May 28, 1996.
FOR FURTHER INFORMATION CONTACT: John Womack, Senior Assistant Chief
Counsel, NHTSA, 400 Seventh Street, SW, Room 5219, Washington, DC
20590. Mr. Womack's telephone number is: (202) 366-9511.
SUPPLEMENTARY INFORMATION: This final rule revises the regulations on
the organization of and delegation of powers and duties within the
National Highway Traffic Safety Administration (NHTSA).
Since the creation of the agency, NHTSA's Chief Counsel has issued
written interpretations of the statutes the agency administers and the
regulations it issues. These interpretations, in the form of letters
responding to questions from the motor vehicle industry and members of
the public, have been available to the public in the agency's technical
reference library in Washington. With the development of new
technology, the agency is now able to make them available through the
Internet on the World Wide Web. (The website is www.nhtsa.dot.gov. At
that site, select ``NHTSA's Library.'' On the ``NHTSA Library'' page,
select ``NHTSA's Interpretation Letters.'')
In preparing to implement this new service, NHTSA noted that
although the industry and the public have consistently recognized the
implicit authority of the Chief Counsel to issue such interpretations,
there was no formal delegation of that authority from the Administrator
to the Chief Counsel. Therefore, in connection with the broadening of
public access to these interpretations, and in order to eliminate any
possible misunderstanding or doubt, NHTSA is amending 49 CFR 501.8(d)
to formally delegate the authority to interpret applicable statutes and
regulations to the Chief Counsel.
This action should be construed as a confirmation of a preexisting
implicit delegation, and does not invalidate in any way the
interpretations that have previously been issued by the Office of Chief
Counsel. However, interested persons should recognize that all
interpretations are necessarily based on the facts presented in
individual cases and the law that exists at the time the interpretation
is issued. Since the agency's statutes and regulations change from year
to year, past interpretations may no longer be applicable under current
law.
As matters relating to agency management, the amendments made by
this document are not covered by the notice and comment or the
effective date requirements of the Administrative Procedure Act. These
amendments relate solely to changes in the scope of the delegation of
authority from the NHTSA Administrator to the Chief Counsel and have no
substantive effect. Notice and the opportunity for comment are,
therefore, not required, and these
[[Page 26469]]
amendments are effective immediately upon publication in the Federal
Register. In addition, these amendments are not subject to Executive
Order 12866, the Department of Transportation's regulatory policies and
procedures, or the provisions for Congressional review of final rules
in Chapter 8 of Title 5, United States Code.
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--[AMENDED]
1. The authority citation for part 501 continues to read as
follows:
Authority: 49 U.S.C. sections 105 and 322; delegation of
authority at 49 CFR 1.50.
2. Section 501.8 is amended by adding a new paragraph (d)(5) to
read as follows:
Sec. 501.8 Delegations
* * * * *
(d) * * *
(5) Issue authoritative interpretations of the statutes
administered by NHTSA and the regulations issued by the agency.
* * * * *
Issued on: May 22, 1996.
Ricardo Martinez,
Administrator.
[FR Doc. 96-13299 Filed 5-24-96; 8:45 am]
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