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

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.

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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]

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