[Federal Register Volume 59, Number 238 (Tuesday, December 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30589]


[[Page Unknown]]

[Federal Register: December 13, 1994]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Part 501

[Docket No. 94-95; Notice 1]

 

Organization and Delegation of Powers and Duties

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Final rule.

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SUMMARY: This notice amends the organization and delegation of powers 
and duties within NHTSA to delegate to the Associate Administrator for 
Rulemaking the authority to grant or deny inconsequentiality petitions 
submitted pursuant to 49 CFR part 556, reserving to the Administrator 
the authority to grant or deny appeals from the determinations made by 
the Associate Administrator under such authority.

DATES: The final rule is effective December 13, 1994.

FOR FURTHER INFORMATION CONTACT: Taylor Vinson, Office of Chief 
Counsel, NHTSA (202-366-5263).

SUPPLEMENTARY INFORMATION: Title 49 U.S.C. 10118 and 10120 provide the 
Secretary of Transportation with authority to exempt a manufacturer 
from any responsibility to notify or to remedy any defect or failure to 
comply upon a determination that such defect or failure to comply is 
inconsequential as it relates to motor vehicle safety. This authority 
has been delegated to the Administrator of the National Highway Traffic 
Safety Administration (NHTSA) as part of the Secretary's general 
delegation to administer the National Traffic and Motor Vehicle Safety 
Act (49 CFR 1.50). Regulations implementing 49 U.S.C. 10118 and 10120 
(at that time 15 U.S.C. 1417) were issued in 1977: 49 CFR part 556 
Exemption for Inconsequential Defect or Noncompliance. NHTSA Order 800-
2 (November 20, 1978) established the agency's ``Procedures for 
Processing Petitions for Inconsequential Defect or Noncompliance'', and 
assigned the Office of Rulemaking the primary responsibility for 
processing inconsequentiality petitions. Part 566 is silent as to 
signatory authority for inconsequential notices. Under Order 800-2, 
``the Decision Package is submitted to the Administrator for approval 
and signature.''
    In practice, determinations of grant or denial have been signed by 
the Associate Administrator for Rulemaking after approval by the 
Administrator. Thus, notwithstanding any formal delegation of power, 
the Administrator has made a de facto delegation of such power. The 
agency is now amending Part 501 to make a de jure delegation of this 
power.
    Forty-nine U.S.C. 10118 and 10120 are silent on whether a 
determination may be appealed. However, 49 CFR 556.7 expressly permits 
any interested person to do so, and, under 49 CFR 556.8, ``the 
Administrator'' may grant or deny such appeals. In practice, the same 
procedure has been followed with respect to the infrequent appeals from 
inconsequentiality determinations. Because appeals are generally made 
to a higher authority than the decision maker, the Administrator has 
decided to reserve this power, and Part 501 is amended to reflect this 
decision.
    Finally, NHTSA has noted that the titles of two Associate 
Administrators as set forth in the Code of Federal Regulations lack the 
underlining accorded the other Associate Administrators in 49 CFR 
501.8. NHTSA is amending these sections to add the underlining for 
consistency of treatment.

Effective Date

    Because the final rule relates to internal administrative 
procedures, clarifies existing agency practice, and imposes no 
additional burden upon any person, prior notice and comment upon are 
unnecessary and it may be made effective upon publication in the 
Federal Register.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rulemaking has not been reviewed under Executive Order 12866. 
It has been determined that the rulemaking is not significant under 
Department of Transportation regulatory policies and procedures. The 
purpose of the rule is to clarify existing agency policy and 
procedures. Since the rule does not have any significant cost or other 
impacts, preparation of a full regulatory evaluation is not warranted.

National Environmental Policy Act

    NHTSA has analyzed this rule for the purposes of the National 
Environmental Policy Act. The rule will not have a significant effect 
upon the environment simply because of the clarifications made to 
existing requirements.

Regulatory Flexibility Act

    The agency has also considered the impacts of this rule in relation 
to the Regulatory Flexibility Act. Based on the discussion above, I 
certify that this rule will not have a significant economic impact upon 
a substantial number of small entities. Accordingly, no regulatory 
flexibility analysis has been prepared. No person is affected by an 
amendment regarding the internal procedures of the agency.

Executive Order 12612 (Federalism)

    This rule has also been analyzed in accordance with the principles 
and criteria contained in Executive Order 12612, and NHTSA has 
determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

Civil Justice Reform

    This final rule does not have any retroactive effect. Under 49 
U.S.C. 30103 whenever a Federal motor vehicle safety standard is in 
effect, a state may not adopt or maintain a safety standard applicable 
to the same aspect of performance which is not identical to the Federal 
standard. Section 30161 of Title 49 sets forth a procedure for judicial 
review of final rules establishing, amending or revoking Federal motor 
vehicle safety standards. That section does not require submission of a 
petition for reconsideration or other administrative proceedings before 
parties may file suit in court.

List of Subjects in 49 CFR Part 501

    Administrative practice and procedure, Motor vehicles, Motor 
vehicle safety.
    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. 105, 322; delegation of authority at 49 CFR 
1.50.

    2. Section 501.7 is amended by revising paragraphs (a)(2) and 
(a)(3) and adding new paragraph (a)(4), to read as follows:


Sec. 501.7  Administrator's reservations of authority.

 * * * * *
    (a) * * *
    (2) Make final determinations concerning violations of the Act and 
regulations issued thereunder;
    (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.
* * * * *
    3. Section 501.8 is amended by revising the introductory text of 
paragraph (f) and the heading of paragraph (g), to read as follows:


Sec. 501.8  Delegations.

* * * * *
    (f) Associate Administrator for Rulemaking. Except for those 
portions that have been reserved to the Administrator or delegated to 
the Associate Administrator for Enforcement, the Associate 
Administrator for Rulemaking 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, the granting or denying of petitions for 
determination of inconsequential defect or noncompliance, procedural 
regulations, and the development of consumer information and 
regulations authorized under:
* * * * *
    (g) Associate Administrator for Enforcement.
* * * * *
    Issued on: December 7, 1994.
Ricardo Martinez,
Administrator.
[FR Doc. 94-30589 Filed 12-12-94; 8:45 am]
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