[Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
[Rules and Regulations]
[Pages 43028-43031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19710]
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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: In this final rule, NHTSA's Associate Administrator for Safety
Performance Standards is delegated authority to issue certain Federal
Register documents relating to the theft and fuel economy programs, and
to issue documents making nonsubstantive changes and corrections to
rulemaking documents. In addition, delegations of authority to the
Associate Administrator for State and Community Services are described,
and statutory citations in NHTSA's regulations on organization and
delegation of powers and duties are updated to reflect the 1994
codification of the Department of Transportation's statutes.
EFFECTIVE DATE: August 18, 1995.
FOR FURTHER INFORMATION CONTACT: Dorothy Nakama, Office of the Chief
Counsel, NHTSA, 400 Seventh Street, SW, Room 5219, Washington, DC
20590. Ms. Nakama's telephone number is: (202) 366-2992.
SUPPLEMENTARY INFORMATION: This final rule amends the regulations on
the organization of and delegation of powers and duties within the
National Highway Traffic Safety Administration (NHTSA). In addition to
the authority already delegated by the NHTSA Administrator, authority
is delegated to the Associate Administrator for Safety Performance
Standards (AASPS) to issue the following--
(1) All documents issued under the Motor Vehicle Theft Prevention
Program (49 U.S.C. chapter 331).
[[Page 43029]]
(2) All Federal Register documents issued under the Automobile Fuel
Economy Program (49 U.S.C. chapter 329), except final rules
establishing or amending generally applicable Corporate Average Fuel
Economy Standards.
(3) All Federal Register documents issued in response to a
manufacturer's petition for exemption from 49 U.S.C. chapter 301's
notification and remedy requirements, in connection with a defect or
noncompliance concerning labeling errors.
(4) All Federal Register documents extending the comment period for
a noncontroversial rulemaking, making technical amendments or
corrections to a final rule, and extending the effective date of a
final rule.
In addition, this final rule amends part 501 to describe the
delegation of authority to the Associate Administrator for State and
Community Services. Part 501 has also been amended to cite new
statutory authorities, and remove outdated citations. These amendments
are necessary to reflect the 1994 codification of the statutory
authority for many of NHTSA's programs, ``without substantive change,''
into Title 49 of the United States Code.
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 Associate Administrator
for Safety Performance Standards, or reflect new statutory citations,
and have no substantive effect. Notice and the opportunity for comment
are, therefore, not required, and these amendments are effective
immediately upon publication in the Federal Register. In addition,
these amendments are not covered by Executive Order 12866 or the
Department of Transportation's regulatory policies and procedures.
List of Subjects in 49 CFR Part 501
Authority delegations (Government agencies), Organization and
functions (Government agencies).
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. 105 and 322; delegation of authority at 49
CFR 1.50.
2. Section 501.2 is revised to read as follows:
Sec. 501.2 General.
The Administrator is delegated authority by the Secretary of
Transportation (49 CFR 1.50) to:
(a) Carry out the following chapters or sections of Title 49 of the
United States Code:
(1) Chapter 301--Motor Vehicle Safety.
(2) Chapter 303--National Driver Register.
(3) Chapter 305--National Automobile Title Information System.
(4) Chapter 321--General.
(5) Chapter 323--Consumer Information.
(6) Chapter 325--Bumper Standards.
(7) Chapter 327--Odometers.
(8) Chapter 329--Automobile Fuel Economy.
(9) Chapter 331--Theft Prevention.
(10) Section 20134(a), with respect to the laws administered by the
National Highway Traffic Safety Administrator pertaining to highway,
traffic and motor vehicle safety.
(b) Carry out 23 U.S.C. chapter 4, HIGHWAY SAFETY, as amended,
except for section 409 and activities relating to highway design,
construction and maintenance, traffic control devices, identification
and surveillance of accident locations, and highway-related aspects of
pedestrian and bicycle safety.
(c) Exercise the authority vested in the Secretary by section
210(2) of the Clean Air Act, as amended (42 U.S.C. 7544(2)).
(d) Carry out the Act of July 14, 1960, as amended (23 U.S.C. 313
note).
(e) Administer the following sections of Title 23, United States
Code, with the concurrence of the Federal Highway Administrator:
(1) Section 141, as it relates to certification of the enforcement
of speed limits.
(2) Section 153.
(3) Section 154(a), (b), (d), and (e).
(4) Section 158.
(f) Carry out the consultation functions vested in the Secretary by
Executive Order 11912 (3 CFR, 1976 Comp., p. 114), as amended.
3. In Sec. 501.3, the undesignated paragraph preceding paragraph
(a) is transferred to the end of the introductory text, paragraphs
(a)(1)(i), (a)(2), and (a)(3), and (c) are revised, and paragraph (d)
is removed, to read as follows:
Sec. 501.3 Organization and general responsibilities.
* * * * *
(a) Office of the Administrator--(1) Administrator. (i) Represents
the Department and is the principal advisor to the Secretary in all
matters related to chapters 301, 303, 305, 321, 323, 325, 327, 329, and
331 of Title 49 U.S.C.; 23 U.S.C. chapter 4, except section 409; as
each relates to highway safety, sections 141, 153, 154(a), (b), (d) and
(e), and 158 of Title 23 U.S.C.; and such other authorities as are
delegated by the Secretary of Transportation (49 CFR 1.50);
* * * * *
(2) Deputy Administrator. Assists the Administrator in discharging
responsibilities. Directs and coordinates the Administration's
management and operational programs, and related policies and
procedures at headquarters and in the field. Provides policy direction
and executive direction to the Associate Administrator for State and
Community Services.
(3) Executive Director. As the principal advisor to the
Administrator and Deputy Administrator, provides direction on internal
management and mission support programs. Provides executive direction
over the Associate Administrators, except for the Associate
Administrator for State and Community Services.
* * * * *
(c) Associate Administrators--(1) Associate Administrator for Plans
and Policy. Acts as the principal advisor to the Administrator on all
matters involving NHTSA policies, objectives, budget, programs, and
plans and their effectiveness in carrying out the goals and missions of
the Administrator.
(2) Associate Administrator for Safety Performance Standards. As
the principal advisor to the Administrator on the setting of motor
vehicle standards and regulations, administers the programs of the
Administration to develop and issue Federal standards and regulations
dealing with motor vehicle safety, fuel economy, theft prevention, and
consumer information and regulations dealing with the following
characteristics of motor vehicles: damage susceptibility,
crashworthiness, and ease of diagnosis and repair.
(3) Associate Administrator for Safety Assurance. As the principal
advisor to the Administrator on the enforcement of motor vehicle
standards and regulations, directs and administers programs to ensure
compliance with Federal laws, standards, and regulations relating to
motor vehicle safety, fuel economy, theft prevention, damageability,
consumer information and odometer fraud.
(4) Associate Administrator for Traffic Safety Programs. As the
principal advisor to the Administrator on traffic safety programs,
develops national
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traffic safety programs, including the reduction of alcohol and drug
use among drivers, the encouragement of safety belt and child safety
seat use, and the enforcement of traffic laws; provides technical
assistance and liaison to States (in cooperation with the Associate
Administrator for State and Community Services) and other organizations
in support of highway safety programs.
(5) Associate Administrator for State and Community Services. As
the principal advisor to the Administrator on all matters as they
relate to the NHTSA Regional Offices, directs the management of the
State and community highway safety programs and the activities of the
Regional Administrators in the provision of leadership, technical
guidance and assistance to the States; assures coordination of field
programs with the Federal Highway Administration; provides guidance to
promote effective implementation of the State and community highway
safety programs; participates in the development, review,
implementation, and coordination of related programs, policies, and
procedures.
(6) Associate Administrator for Research and Development. As the
principal advisor to the Administrator on motor vehicle and highway
safety research and development, directs and administers programs
related to accident investigation and information collection, analysis
and dissemination, and facilities requirements to support NHTSA
research and development efforts.
(7) Associate Administrator for Administration. Acts as the
principal advisor to the Administrator on all administrative and
managerial matters as they relate to NHTSA missions, programs, and
objectives; organization and delegations of authority; management
studies; personnel management; training; logistics and procurement;
financial management; accounting and data systems design; paperwork
management; investigations and security; audits; defense readiness; and
administrative support services.
4. Section 501.4 is revised to read as follows:
Sec. 501.4 Succession to Administrator.
The following officials in the order indicated, shall act in
accordance with the requirements of 5 U.S.C. 3346-3349 as Administrator
of the National Highway Traffic Safety Administration, in the case of
the absence or disability or in the case of a vacancy in the office of
the Administrator, until a successor is appointed:
(a) Deputy Administrator;
(b) Executive Director;
(c) Chief Counsel;
(d) Associate Administrator for Plans and Policy;
(e) Associate Administrator for Safety Performance Standards;
(f) Associate Administrator for Safety Assurance;
(g) Associate Administrator for Traffic Safety Programs;
(h) Associate Administrator for State and Community Services;
(i) Associate Administrator for Research and Development; and
(j) Associate Administrator for Administration.
5. Section 501.7 is revised to read as follows:
Sec. 501.7 Administrator's reservations of authority.
The delegations of authority in this part do not extend to the
following authority which is reserved to the Administrator and, in
those instances when the office of the Administrator is vacant due to
death or resignation, or when the Administrator is absent as provided
by Sec. 501.5(a), to the Deputy Administrator or Executive Director:
(a) The authority under chapter 301--Motor Vehicle Safety--of Title
49 of the United States Code to:
(1) Issue, amend, or revoke final federal motor vehicle safety
standards and regulations;
(2) Make final decisions concerning alleged safety-related defects
and noncompliances with Federal motor vehicle safety standards;
(3) Grant or renew temporary exemptions from federal motor vehicle
safety standards; and
(4) Grant or deny appeals from determinations upon petitions for
inconsequential defect or noncompliance.
(b) The authority under 23 U.S.C. chapter 4, as amended, to:
(1) Apportion authorization amounts and distribute obligation
limitations for State and community highway safety programs under 23
U.S.C. 402;
(2) Approve the initial awarding of alcohol incentive grants to the
States authorized under 23 U.S.C. 408, and drunk driving prevention
grants to the States authorized under 23 U.S.C. 410;
(3) Issue, amend, or revoke uniform State and community highway
safety guidelines, and, with the concurrence of the Federal Highway
Administrator, designate priority highway safety programs, under 23
U.S.C. 402;
(4) Fix the rate of compensation for non-government members of
agency sponsored committees which are entitled to compensation.
(c) The authority under chapters 321, 323, 325, and 329 of Title 49
of the United States Code to:
(1) Issue, amend, or revoke final rules and regulations, except for
final rules issued under section 32902(d); and
(2) Assess civil penalties and approve manufacturer fuel economy
credit plans under chapter 329.
(d) The authority under sections 141, 153, 154 and 158 of Title 23
of the United States Code, with the concurrence of the Federal Highway
Administrator, to disapprove any State certification or to impose any
sanction or transfer on a State for violations of the National Maximum
Speed Limit, Safety Belt and Motorcycle Helmet Use Requirements, or the
National Minimum Drinking Age.
6. Section 501.8 is revised to read as follows:
Sec. 501.8 Delegations.
(a) Deputy Administrator. The Deputy Administrator is delegated
authority to act for the Administrator, except where specifically
limited by law, order, regulation, or instructions of the
Administrator. The Deputy Administrator is delegated authority to
provide executive direction to the Associate Administrator for State
and Community Services and the Director of International Harmonization,
and assist the Administrator in providing executive direction to all
organizational elements of NHTSA.
(b) Executive Director. The Executive Director is delegated line
authority for executive direction over the Associate Administrators,
except for the Associate Administrator for State and Community
Services.
(c) Director, Office of Civil Rights. The Director, Office of Civil
Rights is delegated authority to:
(1) Act as the NHTSA Director of Equal Employment Opportunity.
(2) Act as NHTSA Contracts Compliance Officer.
(3) Act as NHTSA coordinator for matters under Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Executive Order
12250 (3 CFR, 1980 Comp., p. 298), and regulations of the Department of
Justice.
(d) Chief Counsel. The Chief Counsel is delegated authority to:
(1) Exercise the powers and perform the duties of the Administrator
with respect to setting of odometer regulations authorized under 49
U.S.C. chapter 327, and with respect to providing technical assistance
and granting extensions of time to the states under 49 U.S.C. 32705.
(2) Establish the legal sufficiency of all investigations conducted
under the
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authority of the following chapters of Title 49 of the United States
Code: chapter 301; chapter 323; chapter 325; chapter 327; chapter 329;
and chapter 331, and to compromise any civil penalty or monetary
settlement in an amount of $25,000 or less resulting from a violation
of any of these chapters.
(3) Exercise the powers of the Administrator under 49 U.S.C. 30166
(c), (g), (h), (i), and (k).
(4) Issue subpoenas, after notice to the Administrator, for the
attendance of witnesses and production of documents pursuant to
chapters 301, 323, 325, 327, 329, and 331 of Title 49 of the United
States Code.
(e) Associate Administrator for Plans and Policy. The Associate
Administrator for Plans and Policy is delegated authority to direct the
NHTSA planning and evaluation system in conjunction with Departmental
requirement and planning goals; to coordinate the development of the
Administrator's plans, policies, budget, and programs, and analyses of
their expected impact, and their evaluation in terms of the degree of
goal achievement; and to perform independent analyses of proposed
Administration regulatory, grant, legislative, and program activities.
(f) Associate Administrator for Safety Performance Standards.
Except for authority reserved to the Administrator or delegated to the
Associate Administrator for Safety Assurance, the Associate
Administrator for Safety Performance Standards is delegated authority
to exercise the powers and perform the duties of the Administrator with
respect to the setting of motor vehicle safety and theft prevention
standards, average fuel economy standards, procedural regulations, and
the development of consumer information and regulations authorized
under 49 U.S.C. chapter 301 (except for sections 30141 through 30147),
and authorized under 49 U.S.C. chapters 323, 325, 329, and 331. The
Associate Administrator for Safety Performance Standards is also
delegated authority to:
(1) Respond to a manufacturer's petition for exemption from 49
U.S.C. chapter 301's notification and remedy requirements in connection
with a defect or noncompliance concerning labelling errors;
(2) Extend comment periods (both self-initiated and in response to
a petition for extension of time) for noncontroversial rulemakings;
(3) Make technical amendments or corrections to a final rule; and
(4) Extend the effective date of a noncontroversial final rule.
(g) Associate Administrator for Safety Assurance. Except for those
portions that have been reserved to the Administrator or delegated to
the Chief Counsel, the Associate Administrator for Safety Assurance is
delegated authority to exercise the powers and perform the duties of
the Administrator with respect to:
(1) Administering the NHTSA enforcement program for all laws,
standards, and regulations pertinent to vehicle safety, fuel economy,
theft prevention, damageability, consumer information and odometer
fraud, authorized under 49 U.S.C. chapters 301, 323, 325, 327, 329, and
331.
(2) Issuing regulations relating to the importation of motor
vehicles under 49 U.S.C. 30141 through 30147.
(3) Granting and denying petitions for import eligibility
determinations submitted to NHTSA by motor vehicle manufacturers and
registered importers under 49 U.S.C. 30141.
(h) Associate Administrator for Traffic Safety Programs. Except for
those portions that have been reserved to the Administrator or
delegated to the Associate Administrator for State and Community
Services, the Associate Administrator for Traffic Safety Programs is
delegated authority to exercise the powers and perform the duties of
the Administrator with respect to: 23 U.S.C. chapter 4, as amended; the
authority vested by section 210(2) of the Clean Air Act, as amended (42
U.S.C. 7544(2)); the authority vested by 49 U.S.C. 20134(a), with
respect to the laws administered by the Administrator pertaining to
highway, traffic, and motor vehicle safety; the Act of July 14, 1960,
as amended (23 U.S.C. 313 note) and 49 U.S.C. chapter 303; the
authority vested by section 141, as it relates to certification of the
enforcement of speed limits, and sections 153, 154(a), (b), (d), and
(e) and 158 of Title 23 of the United States Code, with the concurrence
of the Federal Highway Administrator; and section 209 of the Surface
Transportation Assistance Act of 1978 (23 U.S.C. 401 note) as delegated
by the Secretary in Sec. 501.2(i).
(i) Associate Administrator for State and Community Services. The
Associate Administrator for State and Community Services is delegated
authority to exercise the powers and perform the duties of the
Administrator with respect to State and community highway safety
programs under 23 U.S.C. 402, including approval and disapproval of
State highway safety plans and final vouchers, in accordance with the
procedural requirements of the Administration; to approve the awarding
of alcohol incentive grants to the States under 23 U.S.C. 408 and drunk
driving prevention grants under 23 U.S.C. 410, for years subsequent to
the initial awarding of such grants by the Administrator; as
appropriate for activities benefiting states and communities, to
implement 23 U.S.C. 403; and to implement the requirements of 23 U.S.C.
153, jointly with the delegate of the Federal Highway Administrator.
(j) Associate Administrator for Research and Development. The
Associate Administrator for Research and Development is delegated
authority to: develop and conduct research and development programs and
projects necessary to support the purposes of chapters 301, 323, 325,
327, 329, and 331 of Title 49 U.S.C., and Title 23 U.S.C. chapter 4, as
amended, in coordination with the appropriate Associate Administrators,
and the Chief Counsel.
(k) Associate Administrator for Administration. The Associate
Administrator for Administration is delegated authority to:
(1) Exercise procurement authority with respect to NHTSA
requirements;
(2) Administer and conduct NHTSA's personnel management activities;
(3) Administer NHTSA financial management programs, including
systems of funds control and accounts of all financial transactions;
and
(4) Conduct administrative management services in support of NHTSA
missions and programs.
(1) 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 NHTSA by motor vehicle
manufacturers and registered importers under 49 U.S.C. 30141(a)(1).
Issued on: August 4, 1995.
Ricardo Martinez,
Administrator.
[FR Doc. 95-19710 Filed 8-17-95; 8:45 am]
BILLING CODE: 4910-59-P
