[Federal Register: July 3, 2000 (Volume 65, Number 128)]
[Rules and Regulations]
[Page 41014-41015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy00-29]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[Docket No. OST-2000-7581]
Organization and Delegation of Powers and Duties; Delegation to
the Administrators of the National Highway Traffic Safety
Administration and the Federal Motor Carrier Safety Administration
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: Section 101(f) of the Motor Carrier Safety Improvement Act of
1999 provides that the authority under title 49, United States Code, to
promulgate safety standards for commercial motor vehicles and equipment
subsequent to initial manufacture is vested in the Secretary and may be
delegated. Accordingly, by this action, the Secretary delegates to the
Administrator of the National Highway Traffic Safety Administration the
authority to promulgate safety standards for commercial motor vehicles
and equipment subsequent to initial manufacture when the standards are
based upon and similar to a Federal Motor Vehicle Safety Standard
(FMVSS) promulgated under chapter 301 of title 49, U.S.C. The
Administrator may promulgate a standard simultaneously with the FMVSS
on which it is based. The authority to promulgate safety standards for
commercial motor vehicles and equipment subsequent to initial
manufacture is delegated to the Administrator of the Federal Motor
Carrier Safety Administration when the standards are not based upon and
similar to an FMVSS promulgated under chapter 301 of title 49, U.S.C.
EFFECTIVE DATE: July 3, 2000.
FOR FURTHER INFORMATION CONTACT: Mr. John Womack, Office of the Chief
Counsel, HCC-01, (202) 366-9511, National Highway Traffic Safety
Administration, or Ms. Judith A. Rutledge, Office of the Chief Counsel,
(MC-CC), (202) 366-2519, Federal Motor Carrier Safety 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's Printing Office 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
Effective October 9, 1999, the Secretary of Transportation
rescinded the authority of the Federal Highway Administrator to perform
motor carrier safety functions and operations and redelegated it to the
Director of a newly established Office of Motor Carrier Safety in the
Department of Transportation. (64 FR 56270, October 19, 1999; 64 FR
58356, October 29, 1999.) This action was consistent with section 338
of the Fiscal Year 2000 Department of Transportation and Related
Agencies Appropriations Act (Pub. L. 106-69), as amended by Pub. L.
106-73, which prohibits the Federal Highway Administration from
spending funds made available or limited in that Act to carry out such
functions. On December 9, 1999, the Motor Carrier Safety Improvement
Act of 1999 (MCSI Act) (Public Law No. 106-159, 113 Stat. 1748) was
enacted for the purpose of establishing the Federal Motor Carrier
Safety Administration effective January 1, 2000. As we noted in a prior
delegation to the FMCSA, 49 U.S.C. 113(f), as enacted by section 101(a)
of the MCSI Act, states that the Federal Motor Carrier Safety
Administrator shall carry out a number of duties and powers related to
motor carrier and motor carrier safety and gives the Secretary
discretion to delegate the authority to promulgate safety standards for
commercial motor vehicles and equipment subsequent to initial
manufacture. As a result, Part 1 of title 49, CFR, was amended to
reflect this new provision by substituting the words ``Administrator of
the Federal Motor Carrier Safety Administration'' for the words
``Director of the Office of Motor Carrier Safety.'' (65 FR 220, January
4, 2000.) It was also amended to reflect the Federal Motor Carrier
Safety Administration as an organization within the Department of
Transportation and to describe its general responsibilities. Id. In
addition, section 1.73 of this Part was amended in accordance with
section 101(f) of the MCSI Act to reflect the Secretary's reservation
to himself of the authority to promulgate safety standards for
commercial motor vehicles and equipment subsequent to initial
manufacture. Id. These amendments were effective January 1, 2000.
This rule amends 49 CFR Part 1 to reflect the Secretary's decision
to now delegate to the National Highway Traffic Safety Administrator
the authority to promulgate safety standards for commercial motor
vehicles and equipment already in use when the standards are based upon
and similar to an FMVSS promulgated under chapter 301 of title 49,
U.S.C. In issuing standards under this delegation, the Administrator
will coordinate with the Federal Motor Carrier Safety Administrator.
This rule also amends Part 1 to delegate to the Federal Motor Carrier
Safety Administrator the authority to promulgate safety standards for
commercial motor vehicles and equipment already in use when the
standards are not based upon and similar to an FMVSS promulgated under
chapter 301 of title 49, U.S.C. Nothing in this rule changes the
existing authority of the Federal Motor Carrier Safety Administration
to promulgate standards relating to motor carrier
[[Page 41015]]
operations and maintenance of commercial motor vehicles, to inspect
vehicles and equipment for compliance with applicable safety standards
and maintenance requirements, and to take enforcement action as
necessary.
The Administrators of the National Highway Traffic Safety
Administration and the Federal Motor Carrier Safety Administration have
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. Therefore, prior notice and opportunity to comment
are unnecessary, and good cause exists under 5 U.S.C. 553(d)(3) to
dispense with the 30-day delay in the effective date requirement so
that the National Highway Traffic Safety Administration and the Federal
Motor Carrier Safety Administration may immediately operate pursuant to
the changes noted below.
List of Subjects in 49 CFR Part 1
Authority delegations (Government agencies), Organization and
functions (Government agencies).
Issued this 22nd day of June, 2000 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--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 2104(a); Pub. L. 101-552; 28 U.S.C. 2672,
31 U.S.C. 3711 (a)(2), 46 U.S.C. 2104(a).
2. In Sec. 1.50 add paragraph (n) to read as follows:
Sec. 1.50 Delegation to the National Highway Traffic Safety
Administrator.
* * * * *
(n) Carry out, in coordination with the Federal Motor Carrier
Safety Administrator, the authority vested in the Secretary by
subchapter III of chapter 311 and section 31502 of title 49, U.S.C., to
promulgate safety standards for commercial motor vehicles and equipment
subsequent to initial manufacture when the standards are based upon and
similar to a Federal Motor Vehicle Safety Standard promulgated, either
simultaneously or previously, under chapter 301 of title 49, U.S.C.
Sec. 1.73 [Amended]
3. Amend Sec. 1.73 as follows:
a. Amend paragraph (g) by removing the word ``for'' the first time
it is used and adding the word ``that'' in its place, and by adding
before the period ``is limited to standards that are not based upon and
similar to a Federal Motor Vehicle Safety Standard promulgated under
chapter 301 of title 49, U.S.C.''
b. Amend paragraph (l) by removing the word ``for'' the first time
it is used and adding the word ``that'' in its place, and by adding
before the period ``is limited to standards that are not based upon and
similar to a Federal Motor Vehicle Safety Standard promulgated under
chapter 301 of title 49, U.S.C.''
[FR Doc. 00-16623 Filed 6-30-00; 8:45 am]
BILLING CODE 4910-62-P
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