[Federal Register: October 29, 1999 (Volume 64, Number 209)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[Docket No. OST-1999-6189]
Organization and Delegation of Powers and Duties; Redelegation to
the Director, Office of Motor Carrier Safety
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
SUMMARY: The Secretary of Transportation (Secretary) redelegates to the
Director, Office of Motor Carrier Safety (OMCS), the authority
previously delegated by statute to the Federal Highway Administrator to
carry out the duties and powers related to motor carrier safety vested
in the Secretary by chapters 5 and 315 of title 49, United States Code.
This action, combined with the Secretary's previous delegation to the
OMCS, enables that office to exercise all of the authority previously
held by the Federal Highway Administration's Office of Motor Carriers.
EFFECTIVE DATE: This rule is effective on October 9, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. Charles Medalen, Office of the
Chief Counsel, HCC-20, (202) 366-1354, Department of Transportation,
Federal Highway Administration, 400 Seventh Street, SW., Washington, DC
20590; or Ms. Gwyneth Radloff, Office of the General Counsel, (202)
366-9319, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590.
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. You can also view
and download this document by going to the webpage of the Department's
Docket Management System (http://dms.dot.gov/). On that page, click on
``search.'' On the next page, type in the four digit docket number
shown on the first page of this document (6189). Then click on
Section 338 of the FY 2000 Department of Transportation and Related
Agencies Appropriations Act (Public Law 106-69, 113 Stat. 986, at 1022,
October 9, 1999) prohibits the Federal Highway Administration (FHWA)
from spending funds to carry out the functions and operations of its
Office of Motor Carriers (OMC). The legislation provides that, if the
Secretary delegates those functions and operations outside of the FHWA,
the funds shall also be transferred. Accordingly, on October 9, 1999,
the Secretary rescinded as much of the current delegation of his
authority to the Federal Highway Administration to carry out motor
carrier functions and operations as he could (see Final rule, 64 FR
56270, October 19, 1999), and redelegated that authority to the
Director of the new Office of Motor Carrier Safety in the Department of
However, the duties and powers related to motor carrier safety
vested in the Secretary by chapters 5 and 315 of title 49, United
States Code, were delegated by statute to the Federal Highway
Administrator by 49 U.S.C. 104(c)(2) and could not be exercised or
transferred by the Secretary without legislative approval. Public Law
106-73 (113 Stat. 1046, October 19, 1999) amended the second proviso of
Sec. 338 to read as follows: ``Provided further, That notwithstanding
section 104(c)(2) of title 49, United States Code, the Federal Highway
Administrator shall not carry out the duties and functions vested in
the Secretary under 49 U.S.C. chapters 5 and 315.'' Sec. 338, as
amended by Public Law 106-73, now prohibits the Federal Highway
Administrator from carrying out the duties and powers related to motor
carrier safety vested in the Secretary by chapters 5 and 315 and
restores the Secretary's authority to exercise or delegate these
authorities, effective retroactively to October 9, 1999.
Accordingly, the Secretary delegates the authority to carry out
certain portions of chapters 5 and 315 to the Director, Office of Motor
Carrier Safety. This restores to the Office of Motor Carrier Safety the
authority under 49 U.S.C. 521(b) to issue civil penalties or assist the
Department of Justice in pursuing civil or criminal cases, authority
that could not be exercised under the original version of Sec. 338.
Also being delegated to OMCS is the Secretary's authority: (1) To
investigate motor carriers, subpoena witnesses and records and take
depositions (49 U.S.C. 502); (2) relating to service of process,
designation of agents to receive service of process, and identification
of interstate motor vehicles (49 U.S.C. 503 and 31504); (3) to
establish recordkeeping and reporting requirements for, and inspect the
equipment and records of, motor carriers (49 U.S.C. 504); (4) to
require motor carriers to file copies of their contracts or other
arrangements with shippers (49 U.S.C. 505); (5) to investigate
violations of chapter 5 by motor carriers (49 U.S.C. 506); (6) to bring
a civil action or request the Attorney General to bring court
proceedings against motor carriers or brokers to enforce chapter 5 or a
regulation or order based on chapter 5 (49 U.S.C. 507); (7) to issue
regulations governing the release by a motor carrier of a former
driver's safety performance records to his or her subsequent motor
carrier employers (49 U.S.C. 508); (8) to levy civil penalties against
motor carriers for violations of certain statutes on which the Federal
Motor Carrier Safety Regulations (FMCSRs) are based (49 U.S.C.
521(b)(1)-(5), (7)); (9) relating to the disclosure of certain business
information obtained during inspections by Department of Transportation
employees (49 U.S.C. 523); (10) relating to qualifications and maximum
hours of service of motor carrier drivers (49 U.S.C. 31502); and (11)
relating to investigation of the need for regulation of qualifications
and maximum hours of service of motor carrier drivers (49 U.S.C.
This rule is being published as a final rule effective
retroactively to October 9, 1999 pursuant to section 2 of Public Law
106-73. As the rule relates to Departmental organization, procedure,
and practice, notice and comment on it are unnecessary under 5 U.S.C.
553(b). In addition, the functions addressed in this rule were
transferred to enable the Department's motor carrier safety program to
continue. For this reason, the Secretary finds good cause under 5
U.S.C. 553(d)(3) to make this rule effective retroactively to October
List of Subjects in 49 CFR Part 1
Authority delegations (government agencies), Organization and
functions (Government agencies).
In consideration of the foregoing, part 1 of title 49, Code of
Federal Regulations, is amended as follows:
1. The authority citation for part 1 is revised to read as follows:
Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31
U.S. 3711(a)(2); Pub. L. 101-552, 104 Stat. 2736; Pub. L. 106-69,
113 Stat. 1022; Pub. L. 106-73, 113 Stat. 1046.
Sec. 1.48 [Amended]
2. In Sec. 1.48, remove and reserve paragraphs (e), (f), and (g).
3. In Sec. 1.73, remove paragraph (j) and redesignate paragraph (k)
as paragraph (j).
4. In Sec. 1.73, add paragraphs (k), (l), (m), and (n) to read as
Sec. 1.73 Delegation to the Director of the Office of Motor Carrier
* * * * *
(k) Carry out 49 U.S.C. 31503 as it relates to investigation of the
need for regulation of qualifications and maximum hours of service of
employees of motor carriers and motor private carriers.
(l) Carry out 49 U.S.C. 31502 relating generally to qualifications
and maximum hours of service of employees and safety of operation and
equipment of motor carriers, motor private carriers and motor carriers
of migrant workers.
(m) Carry out 49 U.S.C. 503 and 31504 relating generally to service
of process, designation of agents to receive service of process, and
identification of interstate motor vehicles so far as they pertain to
motor private carriers of property and motor carriers of migrant
workers (except motor contract carriers).
(n) Carry out 49 U.S.C. 502, 504, 506, and 523 to the extent they
relate to motor carriers, motor carriers of migrant workers, and motor
private carriers; 49 U.S.C. 507 to the extent it relates to motor
carriers, motor carries of migrant workers, motor private carriers, or
freight forwarders; and 49 U.S.C. 505, 508, and 521(b)(1), (2), (3),
(4), (5), and (7).
Issued in Washington, DC, on October 22, 1999.
Rodney E. Slater,
Secretary of Transportation.
[FR Doc. 99-28346 Filed 10-27-99; 9:59 am]
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