[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 

[[Page 43030]]
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 

[[Page 43031]]
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