[Federal Register Volume 65, Number 2 (Tuesday, January 4, 2000)]
[Rules and Regulations]
[Pages 220-221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-34069]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Parts 1

[Docket No. OST-2000-6681]


Organization and Delegation of Powers and Duties; Delegation to 
the Administrator, Federal Motor Carrier Safety Administration

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: A new administration, the Federal Motor Carrier Safety 
Administration, was established within the United States Department of 
Transportation pursuant to the Motor Carrier Safety Improvement Act of 
1999 [Public Law No. 106-159, 113 Stat. 1748 (December 9, 1999)]. 
Pursuant to the statute, the effective date of the new administration 
is January 1, 2000. Accordingly, by this action, the Secretary 
delegates to the Administrator, Federal Motor Carrier Safety 
Administration, functions required for the operation of this new 
agency.

EFFECTIVE DATE: This final rule is effective on January 1, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Neill L. Thomas, Office of Motor 
Carrier Research and Standards, HMCS-10, (202) 366-4009, Federal Motor 
Carrier Safety Administration; or Mr. Charles Medalen, Chief Counsel 
Service Business Unit, HCC-20, (202) 366-1354, Federal Highway 
Administration, U.S. Department of Transportation, 400 Seventh Street, 
SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded by using a 
computer, modem and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Service at (202) 
512-1661. Internet users may reach the Office of the Federal Register's 
home page at: http://www.nara.gov/fedreg and the Government Printing 
Office's database at: http://www.access.gpo.gov/nara.

Background

    The Motor Carrier Safety Improvement Act of 1999 [Public Law No. 
106-159, 113 Stat. 1748 (December 9, 1999)] amends title 49, United 
States Code, establishing the Federal Motor Carrier Safety 
Administration. There are certain functions that each modal 
administrator within the Department of

[[Page 221]]

Transportation is responsible for carrying out. This rule amends 49 CFR 
part 1 to reflect the Secretary's delegation of authority to the 
Administrator, Federal Motor Carrier Safety Administration. It should 
be noted, however, that section 101(f) of the Motor Carrier Safety 
Improvement Act of 1999 gives the Secretary discretion to delegate the 
authority to promulgate safety standards for commercial motor vehicles 
and equipment subsequent to initial manufacture. The Secretary reserves 
this authority to himself until further notice.
    The Administrator, Federal Motor Carrier Safety Administration, has 
the authority to redelegate the functions described in this document if 
not inconsistent with statute, departmental regulations, policies, and 
orders governing delegation of functions.
    As the rule relates to Departmental organization, procedure, and 
practice, notice and comment on it are unnecessary under 5 U.S.C. 
553(b). This action makes no substantive changes to the motor carrier 
safety regulations. It simply amends 49 CFR Part 1 to delegate to the 
Federal Motor Carrier Safety Administrator authorities relevant to 
motor carrier safety. Therefore, prior notice and opportunity to 
comment are unnecessary, and good cause exists to dispense with the 30-
day delay in the effective date requirement so that the Federal Motor 
Carrier Safety Administration may operate pursuant to the changes noted 
above beginning January 1, 2000.
    Ministerial amendments to a number of other parts in title 49 of 
the Code of Federal Regulations that pertain to functions of the new 
Administration will be issued in the near future.

List of Subjects in 49 CFR Part 1

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

    Issued this 29th day of December, 1999 at Washington, DC.
Rodney E. Slater,
Secretary of Transportation.

    For the reasons set forth in the preamble, the Department of 
Transportation amends 49 CFR Part 1 as follows:

PART 1--[AMENDED]

    1. Revise the authority citation for Part 1 to read as follows:

    Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31 
U.S.C. 3711(a)(2); Pub. L. 101-552, 104 Stat. 2736; Pub. L. No. 106-
159, 113 Stat. 1748.

    2. In Sec. 1.2, add paragraph (k) to read as follows:


Sec. 1.2  Definitions.

* * * * *
    (k) The Federal Motor Carrier Safety Administrator.
    3. In Sec. 1.3(b), add paragraph (b)(11) to read as follows:


Sec. 1.3  Organization of the Department.

* * * * *
    (b) * * *
    (11) The Federal Motor Carrier Safety Administration, headed by the 
Administrator.
    4. In Sec. 1.4, add paragraph (m) to read as follows:


Sec. 1.4  General Responsibilities.

* * * * *
    (b) * * *
    (m) The Federal Motor Carrier Safety Administration. Is responsible 
for:
    (1) Managing program and regulatory activities, including 
administering laws and promulgating and enforcing regulations on safety 
matters relating to motor carrier safety;
    (2) Carrying out motor carrier registration and authority to 
regulate household goods transportation;
    (3) Developing strategies for improving commercial motor vehicle, 
operator, and carrier safety;
    (4) Inspecting records and equipment of commercial motor carriers, 
and investigating accidents and reporting violations of motor carrier 
safety regulations; and
    (5) Carrying out research, development, and technology transfer 
activities to promote safety of operation and equipment of motor 
vehicles for the motor carrier transportation program.
    5. In Sec. 1.45(c)(1), amend paragraph (c)(1) (vii) by removing the 
word ``and''; amend paragraph (c)(1) (viii) by replacing the period 
with ``; and''; and add paragraph (c)(1) (ix) to read as follows:


Sec. 1.45  Delegations to all Administrators.

* * * * *
    (c) * * *
    (1) * * *
    (ix) Federal Motor Carrier Safety Administration.
* * * * *
    6. Amend 1.73 as follows:
    a. Revise the heading to read as set forth below.
    b. Revise the introductory text to read as set forth below.
    c. Amend paragraph (g) by adding before the period ``, except for 
the authority to promulgate safety standards for commercial motor 
vehicles and equipment subsequent to initial manufacture''.
    d. Amend paragraph (l) by adding before the period ``, except for 
the authority to promulgate safety standards for commercial motor 
vehicles and equipment subsequent to initial manufacture''.
    e. Add paragraph (o) to read as set forth below.


Sec. 1.73  Delegation to the Administrator of the Federal Motor Carrier 
Safety Administration.

    The Administrator of the Federal Motor Carrier Safety Admnistration 
is delegated authority to:
* * * * *
    (o) Carry out the functions and exercise the authority vested in 
the Secretary by 23 U.S.C. 502(a)(1)(A).

[FR Doc. 99-34069 Filed 12-30-99; 11:45 am]
BILLING CODE 4910-62-P