Organization and Delegation of Powers and Duties

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).

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(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