[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Rules and Regulations]
[Pages 26468-26469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13299]



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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: This final rule delegates to NHTSA's Chief Counsel the 
authority to issue authoritative interpretations of the statutes 
administered by NHTSA and the regulations issued by the agency.

EFFECTIVE DATE: May 28, 1996.

FOR FURTHER INFORMATION CONTACT: John Womack, Senior Assistant Chief 
Counsel, NHTSA, 400 Seventh Street, SW, Room 5219, Washington, DC 
20590. Mr. Womack's telephone number is: (202) 366-9511.

SUPPLEMENTARY INFORMATION: This final rule revises the regulations on 
the organization of and delegation of powers and duties within the 
National Highway Traffic Safety Administration (NHTSA).
    Since the creation of the agency, NHTSA's Chief Counsel has issued 
written interpretations of the statutes the agency administers and the 
regulations it issues. These interpretations, in the form of letters 
responding to questions from the motor vehicle industry and members of 
the public, have been available to the public in the agency's technical 
reference library in Washington. With the development of new 
technology, the agency is now able to make them available through the 
Internet on the World Wide Web. (The website is www.nhtsa.dot.gov. At 
that site, select ``NHTSA's Library.'' On the ``NHTSA Library'' page, 
select ``NHTSA's Interpretation Letters.'')
    In preparing to implement this new service, NHTSA noted that 
although the industry and the public have consistently recognized the 
implicit authority of the Chief Counsel to issue such interpretations, 
there was no formal delegation of that authority from the Administrator 
to the Chief Counsel. Therefore, in connection with the broadening of 
public access to these interpretations, and in order to eliminate any 
possible misunderstanding or doubt, NHTSA is amending 49 CFR 501.8(d) 
to formally delegate the authority to interpret applicable statutes and 
regulations to the Chief Counsel.
    This action should be construed as a confirmation of a preexisting 
implicit delegation, and does not invalidate in any way the 
interpretations that have previously been issued by the Office of Chief 
Counsel. However, interested persons should recognize that all 
interpretations are necessarily based on the facts presented in 
individual cases and the law that exists at the time the interpretation 
is issued. Since the agency's statutes and regulations change from year 
to year, past interpretations may no longer be applicable under current 
law.
    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 Chief Counsel and have no 
substantive effect. Notice and the opportunity for comment are, 
therefore, not required, and these

[[Page 26469]]

amendments are effective immediately upon publication in the Federal 
Register. In addition, these amendments are not subject to Executive 
Order 12866, the Department of Transportation's regulatory policies and 
procedures, or the provisions for Congressional review of final rules 
in Chapter 8 of Title 5, United States Code.

List of Subjects in 49 CFR Part 501

    Authority, Delegations.

    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. sections 105 and 322; delegation of 
authority at 49 CFR 1.50.

    2. Section 501.8 is amended by adding a new paragraph (d)(5) to 
read as follows:


Sec. 501.8  Delegations

* * * * *
    (d) * * *
    (5) Issue authoritative interpretations of the statutes 
administered by NHTSA and the regulations issued by the agency.
* * * * *
    Issued on: May 22, 1996.
Ricardo Martinez,
Administrator.
[FR Doc. 96-13299 Filed 5-24-96; 8:45 am]
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