[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Rules and Regulations]
[Pages 41014-41015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16623]


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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]
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