81 FR 5937 - Organization and Delegation of Duties
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration Federal Register Volume 81, Issue 23 (February 4, 2016)
National Highway Traffic Safety Administration
Federal Register Volume 81, Issue 23 (February 4, 2016)
| Page Range | 5937-5942 | |
| FR Document | 2016-02101 |
[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)] [Rules and Regulations] [Pages 5937-5942] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02101] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 501 [Docket No. NHTSA-2015-0129] RIN 2127-AL46 Organization and Delegation of Duties AGENCY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT) is updating its regulations governing the organization of NHTSA and delegations of authority from the Administrator to Agency officials, to provide for a reorganization of the Agency's internal structure. These changes will enable NHTSA to achieve its mission more effectively and efficiently. DATES: This rule is effective February 4, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Russell Krupen, Office of the Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-1834. SUPPLEMENTARY INFORMATION: I. Background This final rule amends 49 CFR part 501, the chapter of the Code of Federal Regulations (CFR) that sets forth the organization of the National Highway Traffic Safety Administration (NHTSA) and delegations of authority from the NHTSA Administrator to other Agency officials, to reflect a reorganization of the Agency's internal structure, to update out-of-date information, and to improve accuracy and clarity. In addition, this rule amends the succession to the Administrator to conform to the new organizational structure. These changes will enable the Agency to achieve its mission more effectively and efficiently. In particular, NHTSA is eliminating the Senior Associate Administrator positions that were created in 2002 (67 FR 44083) from its internal organization and adding the Executive Director and the Chief Financial Officer positions, as well as their functions and responsibilities. Conforming changes to the regulations, including descriptions of the Associate Administrator positions, succession to the Administrator, and delegations of authority, are included. Additional changes have been made to improve formatting and consistency throughout part 501. The amendments in this final rule relate solely to changes in the organizational structure and the placement of the delegations of authority for various functions within the agency. This final rule does not impose substantive requirements on the public. It is ministerial in nature and relates only to Agency management, organization, procedure, and practice. Therefore, the Agency has determined that notice and comment are unnecessary and that the rule is exempt from prior notice and comment requirements under 5 U.S.C. 553(b)(3)(A). As these changes will not have a substantive impact on the public, the Agency does not expect to receive significant comments on the substance of the rule. Therefore, the Agency finds that there is good cause under 5 U.S.C. 553(d)(3) to make this rule effective less than 30 days after publication in the Federal Register. II. Regulatory Analyses and Notices Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures NHTSA has determined that this final rule is not a significant regulatory action under Executive Order 12866 and DOT Regulatory Policies and Procedures (44 FR 11034). It was not reviewed by the Office of Management and Budget. There are no costs associated with this rule. Executive Order 13132 (Federalism) This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (``Federalism''). This final rule does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, the consultation requirements of Executive Order 13132 do not apply. Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments) This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (``Consultation and Coordination with Indian Tribal Governments''). Because this final rule does not significantly or uniquely affect the communities of the Indian tribal governments and does not impose substantial direct compliance costs, the [[Page 5938]] funding and consultation requirements of Executive Order 13175 do not apply. Regulatory Flexibility Act Because no notice of proposed rulemaking is required for this rule under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. This rule will not impose any costs on small entities because it is merely organizational in nature and will not have a substantive impact on the public. I hereby certify that this final rule will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act This rule contains no information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) does not require a written statement for this final rule because the rule does not include a Federal mandate that may result in the expenditure in any one year by State, local, and tribal governments, or the private sector, exceeding the threshold set forth in 2 U.S.C. 1532(a). List of Subjects in 49 CFR Part 501 Authority delegations (Government agencies), Organization and functions (Government agencies). For the reasons stated in the preamble, NHTSA revises 49 CFR part 501 to read as follows: PART 501--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES Sec. 501.1 Purpose. 501.2 General. 501.3 Organization and general responsibilities. 501.4 Succession to Administrator. 501.5 Exercise of authority. 501.6 Secretary's reservations of authority. 501.7 Administrator's reservations of authority. 501.8 Delegations. Authority: 49 U.S.C. 105 and 322, and delegations of authority at 49 CFR 1.81 and 1.95. Sec. 501.1 Purpose. This part describes the organization of the National Highway Traffic Safety Administration (NHTSA), an operating administration within the U.S. Department of Transportation, and provides for the performance of duties imposed on, and the exercise of powers vested in, the Administrator of NHTSA. Sec. 501.2 General. The responsibilities and authorities delegated to NHTSA and the Administrator are set forth in Sec. Sec. 1.81, 1.94, and 1.95 of this title. Sec. 501.3 Organization and general responsibilities. NHTSA consists of a headquarters organization located in Washington, DC, a unified field organization consisting of ten geographic regions with a Regional Office located in each region, the Vehicle Research and Test Center located in East Liberty, Ohio, and the Uniform Tire Quality Grading Test Facility located in San Angelo, Texas. The organization of, and general spheres of responsibility within, NHTSA are as follows: (a) Office of the Administrator--(1) Administrator. (i) Represents the Department and is the principal advisor to the Secretary in all matters related to 49 U.S.C. chapters 301, 303, 321, 323, 325, 327, 329 and 331; 23 U.S.C. chapter 4, except section 409; 23 U.S.C. 153, 154, 158, 161, 163, 164 and 313 (with respect to matters within the primary responsibility of NHTSA); and such other responsibilities and authorities as are delegated by the Secretary of Transportation (49 CFR 1.94 and 1.95); (ii) Establishes NHTSA program policies, objectives, and priorities and directs the development of action plans to accomplish the NHTSA mission; (iii) Directs, controls, and evaluates the organization, program activities, performance of NHTSA staff, program and field offices; (iv) Approves broad legislative, budgetary, fiscal and program proposals and plans; and (v) Takes management actions of major significance, such as those relating to changes in basic organizational structure, appointment of key personnel, allocation of resources, and matters of special political or public interest or sensitivity. (2) Deputy Administrator. Assists the Administrator in discharging responsibilities. Directs and coordinates the Administration's management and operational programs, and related policies and procedures at headquarters and in the field. (3) Executive Director. As the principal advisor to the Administrator and Deputy Administrator, provides direction on internal management and mission support programs. Provides executive direction over the Associate Administrators, Chief Financial Officer, and Chief Information Officer. (4) Director, Office of Civil Rights. As the principal advisor to the Administrator and Deputy Administrator on all matters pertaining to civil rights, serves as Director of Equal Employment Opportunity and of Title VI Compliance (Civil Rights Act of 1964, as amended, and related regulations). Assures agency compliance with Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and other nondiscrimination statutes, regulations, Executive Orders, and policies. Periodically reviews and evaluates the civil rights programs of State Department of Motor Vehicles and Highway Safety Offices to ensure that recipients of NHTSA financial assistance meet applicable Federal civil rights requirements. Monitors the implementation of and compliance with civil rights requirements, investigates complaints of discrimination, conducts compliance reviews, provides technical assistance to recipients of NHTSA financial assistance and stakeholders, and provides assistance to the Office of the Secretary in investigating and adjudicating formal complaints of discrimination. (5) Director, Office of Governmental Affairs, Policy & Strategic Planning. As the principal advisor to the Administrator and Deputy Administrator on all intergovernmental matters, including communications with Congress, communicates agency policy and serves as coordinator on legislative affairs. Also, serves as coordinator of agency policy discussions and activities and communicates with other operating administrations and the Office of Secretary on strategic planning efforts. (6) Director of Communications. As the principal advisor to the Administrator and Deputy Administrator on external communications and information dissemination, serves as coordinator on public affairs. (b) Chief Counsel. As chief legal officer for the Administrator and the Administration, provides general legal services and legal services related to legislative activities; prepares litigation and issues subpoenas; and effects rulemaking actions. (c) Associate Administrators, Chief Financial Officer, and Chief Information Officer--(1) Associate Administrator for Administration. Administers and conducts NHTSA's personnel management activities; initiates and oversees a comprehensive program of administrative support services to meet agency requirements, including development, maintenance, and operation of NHTSA's manuals, notices, and orders, property management, and the purchase, delivery, and [[Page 5939]] administration of a range of supplies, equipment, and other support services; is responsible for administrative operational expenses and working capital fund operations; serves as the agency's technical expert for all administrative activities; and administers an executive correspondence program and maintains policy files for the Administrator and Deputy Administrator. (2) Associate Administrator for Communications and Consumer Information. Represents NHTSA to the general public and others; provides reliable, timely, and accurate traffic safety information to the general public, consumers, partner organizations, and citizens groups through media and public education efforts; and provides scheduling and speechwriting support for the Administrator. (3) Associate Administrator for Enforcement. Directs matters related to the enforcement of motor vehicle safety, fuel economy, theft prevention, damageability, consumer information, and odometer laws and regulations; conducts testing, inspection, and investigation necessary for the identification and correction of safety-related defects in motor vehicles and motor vehicle equipment; and ensures recalls of noncomplying and defective vehicles and motor vehicle equipment are effective and are conducted in accordance with Federal law and regulations. (4) Associate Administrator for National Center for Statistics and Analysis. Provides the data, analysis, and evaluation to support determination of the nature, causes, and injury outcomes of motor vehicle traffic crashes, the strategies and interventions that will reduce crashes and their consequences, and the potential impact, costs, and benefits of highway safety programs and regulatory activities; targets the collection and analysis of data and the dissemination of information to identify potential highway safety problems, evaluate expected program and regulatory impact and actual goal achievement, and support data driven decisions; and identifies, advances, and promotes new methodologies, technologies, systems, and procedures that improve the completeness, accuracy, timeliness, and accessibility of data collection, analysis, and evaluation. (5) Associate Administrator for Regional Operations and Program Delivery. Directs the management of State and community highway safety programs; administers and coordinates all Regional activities, including activities having a headquarters-regional interface; develops, reviews, implements, and coordinates related programs, policies, and procedures; and coordinates with the Federal Highway Administration, the Federal Motor Carrier Safety Administration, and other Federal agencies on traffic safety programs, as appropriate. (6) Associate Administrator for Research and Program Development. Administers traffic safety programs and provides national leadership and technical assistance to States, local communities, national organizations, and other partners in the identification, research, planning, development, demonstration, implementation, evaluation, and dissemination of highway safety programs designed to prevent or reduce traffic-related crashes and the resulting deaths, injuries, property damage, and associated costs. Coordinates with the Federal Highway Administration, the Federal Motor Carrier Safety Administration, and other Federal agencies on traffic safety programs, as appropriate. (7) Associate Administrator for Rulemaking. Develops and promulgates Federal standards dealing with motor vehicle safety, theft prevention, consumer information, the National Driver Register, and fuel economy, and directs programs relating to bumper standards, safety performance standards, and other regulations for new and used motor vehicles and equipment, including tires. Develops and conducts the New Car Assessment Program. (8) Associate Administrator for Vehicle Safety Research. Develops and conducts research, development, test, and evaluation programs and projects necessary to support consumer information programs, guidelines, industry voluntary standards, and Federal motor vehicle regulations; manages the facilities and programs related to these activities; and conducts crash data analyses in defining safety problems. (9) Chief Financial Officer. Administers the agency planning and budget activities in coordination with the Department of Transportation, the Office of Management and Budget, and Congress; assures the appropriate development of budget requests and the subsequent execution of operating budgets within the agency to meet all programmatic requirements; conducts all necessary accounting transactions to assure full and accurate accountability for all financial resources of the agency; initiates and oversees a comprehensive program of acquisition support for agency buying and supplier requirements, including acquisition planning, purchasing, payments, and administration; facilitates, coordinates, tracks, and monitors all external audits, reviews, and other oversight activities of agency programs, finances, transactions, or activities--working closely with responsible program and operational officials; facilitates and oversees the agency travel program, including the administration and operation of the travel management system, the travel card program, and the provision of travel management advice and guidance; and serves as the agency's technical expert for all financial management activities. (10) Chief Information Officer. Administers all NHTSA Information Technology functions and needs to ensure that IT resources are effectively acquired and managed to maximize mission performance and return on IT investments. Sec. 501.4 Succession to Administrator. (a) The Deputy Administrator is the ``first assistant'' to the Administrator for purposes of the Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345-3349d) and shall, in the event the Administrator dies, resigns, or is otherwise unable to perform the functions and duties of the office, serve as the Acting Administrator, subject to the limitations established by law. (b) In the event both the Administrator and the Deputy Administrator die, resign, and/or are otherwise unable to perform the functions and duties of their respective offices, or in the event that both positions are vacant, the following officials, subject to paragraph (c) and in the order indicated, shall serve as Acting Deputy Administrator and shall perform the functions and duties of the Administrator, except for any non-delegable statutory and/or regulatory functions and duties: (1) The Chief Counsel; (2) The Executive Director; (3) Further officials as may be designated in an internal order on succession. (c) In order to qualify for the line of succession, officials must be encumbered in their position on a permanent basis. Sec. 501.5 Exercise of authority. (a) All authorities lawfully vested in and reserved to the Administrator in this title, part, or other NHTSA regulation or directive may be exercised by the Deputy Administrator and, in the absence or disability of both officials, by the Chief Counsel, unless specifically prohibited by statute, regulation, or order. [[Page 5940]] (b) In exercising the powers and performing the duties delegated by this part, officers of NHTSA and their delegates are governed by applicable laws, executive orders, regulations, and other directives, and by policies, objectives, plans, standards, procedures, and limitations as may be issued from time to time by or on behalf of the Secretary of Transportation, the Administrator, the Deputy Administrator, the Chief Counsel, and the Executive Director or, with respect to matters under their jurisdiction, by or on behalf of the Associate Administrators, the Regional Administrators, and the Directors of Staff Offices. (c) Each officer to whom authority is delegated by this part may redelegate and authorize successive redelegations of that authority subject to any conditions the officer prescribes. (d) Each officer to whom authority is delegated will administer and perform the functions described in the officer's respective functional statements. Sec. 501.6 Secretary's reservations of authority. The authorities reserved to the Secretary of Transportation are set forth in Sec. 1.21 of this title. Sec. 501.7 Administrator's reservations of authority. The delegations of authority in this part do not extend to the following authority, which is reserved to the Administrator, except when exercised pursuant to Sec. Sec. 501.4 and 501.5(a): (a) The authority under 23 U.S.C. chapter 4 (except section 403) and any uncodified provision of law to apportion authorization amounts and distribute obligation limitations or award grants to States for highway safety programs or other highway safety purposes; (b) The authority to issue, amend, or revoke uniform State highway safety guidelines and rules identifying highly effective highway safety programs under 23 U.S.C. 402; (c) The authority to fix the rate of compensation for non- government members of agency sponsored committees which are entitled to compensation. (d) The authority under 49 U.S.C. chapter 301 to: (1) Issue, amend, or revoke final Federal motor vehicle safety standards and regulations; (2) Make final decisions concerning alleged safety-related defects and noncompliances with Federal motor vehicle safety standards; (3) Grant or renew temporary exemptions from Federal motor vehicle safety standards; and (4) Grant or deny appeals from determinations upon a manufacturer's petition for decision of inconsequential defect or noncompliance and exemption from the notification and remedy requirements of 49 U.S.C. chapter 301 in connection with a defect or noncompliance. (e) The authority under 49 U.S.C. chapters 303, 321, 323, 325, and 329 (except section 32916(b)) to: (1) Issue, amend, or revoke final rules and regulations; and (2) Assess civil penalties and approve manufacturer fuel economy credit plans under chapter 329. (f) The authority to carry out, in coordination with the Federal Motor Carrier Safety Administrator, the authority vested in the Secretary by 49 U.S.C. chapter 311 subchapter III, 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 49 U.S.C. chapter 301. Sec. 501.8 Delegations. (a) Deputy Administrator. The Deputy Administrator is delegated authority to act for the Administrator, except where specifically limited by law, order, regulation, or instructions of the Administrator. The Deputy Administrator is delegated authority to assist the Administrator in providing executive direction to all organizational elements of NHTSA. (b) Executive Director. The Executive Director is delegated line authority for executive direction over the Associate Administrators, the Chief Financial Officer, and the Chief Information Officer. (c) Director, Office of Civil Rights. The Director, Office of Civil Rights is delegated authority to: (1) Serve as the Director of Equal Employment Opportunity. (2) Serve as the compliance coordinator for: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as amended, and related regulations; (ii) Section 504 of the Rehabilitation Act of 1973; (iii) The Americans with Disabilities Act (ADA); and (iv) Other nondiscrimination statutes, regulations, Executive Orders, and policies. (3) Investigate complaints of civil rights discrimination, conduct compliance reviews, and provide technical assistance to recipients of NHTSA financial assistance and stakeholders. (4) Review and evaluate the civil rights programs of State Department of Motor Vehicles and Highway Safety Offices to ensure that recipients of NHTSA financial assistance meet applicable Federal civil rights requirements. (d) Chief Counsel. The Chief Counsel is delegated authority to: (1) Exercise the powers and perform the duties of the Administrator with respect to: (i) Issuing odometer regulations authorized under 49 U.S.C. chapter 327. (ii) Providing technical assistance and granting extensions of time to the states under 49 U.S.C. 32705. (iii) Granting or denying petitions for approval of alternate motor vehicle mileage disclosure requirements under 49 U.S.C. 32705. (2) Establish the legal sufficiency of all investigations and enforcement actions conducted under the authority of 49 U.S.C. chapters 301, 303, 321, 323, 325, 327, 329 and 331; to make an initial penalty demand based on a violations of any of these chapters; and to compromise: (i) Any civil penalty imposed under 49 U.S.C. 30165 in an amount of $1,000,000 or less. (ii) Any civil penalty or monetary settlement other than those imposed under 49 U.S.C. 30165 in an amount of $100,000 or less. (3) Exercise the powers of the Administrator under 49 U.S.C. 30166(c), (g), (h), (i), and (k). (4) Issue subpoenas, after notice to the Administrator, for the attendance of witnesses and production of documents pursuant to 49 U.S.C. chapters 301, 321, 323, 325, 327, 329 and 331. (5) Issue authoritative interpretations of the statutes administered by NHTSA and the regulations issued by the agency. (6) Administer 5 U.S.C. 552 (FOIA) and 49 CFR part 7 (Public Availability of Information) in connection with the records of NHTSA. (7) Administer the Privacy Act of 1974, 5 U.S.C. 552a, and 49 CFR part 10 (Maintenance of and Access to Records Pertaining to Individuals) in connection with the records of NHTSA. (8) Carry out the functions and exercise the authority vested in the Secretary for 23 U.S.C. 313 (Buy America), with respect to matters within the primary responsibility of NHTSA. (e) Associate Administrator for Administration. The Associate Administrator for Administration is [[Page 5941]] delegated authority to administer and conduct NHTSA's personnel management activities; conduct administrative and management services in support of NHTSA missions and programs; and administer an executive correspondence program. (f) Associate Administrator for Communications and Consumer Information. The Associate Administrator for Communications and Consumer Information is delegated authority to manage and coordinate market research, planning coordination, development, and promotion of public education campaigns for both paid media and unpaid public services to support program efforts; develop overall agency messaging and communications strategies in support of program initiatives; and develop agency policies on messaging and communications procedures and processes. (g) Associate Administrator for Enforcement. The Associate Administrator for Enforcement is delegated authority to administer the NHTSA enforcement program for all laws, standards, and regulations pertinent to vehicle safety, fuel economy, theft prevention, damageability, consumer information, and odometers, authorized under 49 U.S.C. chapters 301, 323, 325, 327, 329, and 331; conduct testing, inspection, and investigation necessary for the identification and correction of safety-related defects in motor vehicles and motor vehicle equipment and noncompliances with Federal motor vehicle safety standards; make initial decisions concerning alleged safety-related defects and noncompliances with Federal motor vehicle safety standards; grant or deny a manufacturer's petition for decision of inconsequential defect or noncompliance and exemption from the notification and remedy requirements of 49 U.S.C. chapter 301 in connection with a defect or noncompliance; issue regulations relating to the importation of motor vehicles under 49 U.S.C. 30141-30147; and grant and deny petitions for import eligibility determinations submitted to NHTSA by motor vehicle manufacturers and registered importers under 49 U.S.C. 30141. (h) Associate Administrator for National Center for Statistics and Analysis. The Associate Administrator for National Center for Statistics and Analysis is delegated authority to provide the data, analysis, and evaluation and create and maintain information systems necessary to support the purposes of 49 U.S.C. chapters 301, 303, 323, 325, 327, 329, and 331, 23 U.S.C. chapter 4, any uncodified provisions of law related to such issues, and any cross-cutting safety initiatives; to develop, maintain, and operate the National Driver Register and a nationwide clearinghouse of problem drivers; and to support State integrated highway and traffic records safety information systems. (i) Associate Administrator for Regional Operations and Program Delivery. The Associate Administrator for Regional Operations and Program Delivery is delegated authority, except for authority reserved to the Administrator, to exercise the powers and perform the duties of the Administrator with respect to grants to States for highway safety programs or other State programs under 23 U.S.C. chapter 4 (except section 403) and uncodified provisions of law, including approval and disapproval of State highway safety plans and vouchers, in accordance with the procedural requirements of the Administration. The Associate Administrator for Regional Operations and Program Delivery is also delegated authority over programs with respect to the authority vested by section 210(2) of the Clean Air Act, as amended (42 U.S.C. 7544(2)); the authority vested by 49 U.S.C. 20134(a) with respect to laws administered by NHTSA pertaining to highway, traffic, and motor vehicle safety, in coordination with the Associate Administrator for Research and Program Development; the authority vested by 23 U.S.C. 153, 154, 158, 161, 163, and 164, in coordination with the Federal Highway Administrator as appropriate; and the authority vested by 23 U.S.C. 404, in coordination with the Associate Administrator for Communications and Consumer Information. (j) Associate Administrator for Research and Program Development. The Associate Administrator for Research and Program Development is delegated authority to develop and conduct research and development programs and projects necessary to support the purposes of 23 U.S.C. chapter 4, any uncodified provisions of law related to that chapter, and cross-cutting safety initiatives; conduct research and development activities described or specifically enumerated in 23 U.S.C. 403; carry out the functions and exercise the authority vested in the Secretary and Administrator under section 10202 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Public Law 109-59 [42 U.S.C. 300d-4], as amended by section 31108 of the Moving Ahead for Progress in the 21st Century Act, Public Law 112- 141, relating to emergency medical services, except for authority reserved to the Secretary under Sec. 1.21 or the Administrator under Sec. 501.7; and exercise the authority vested by 49 U.S.C. 20134(a) with respect to laws administered by NHTSA pertaining to highway, traffic, and motor vehicle safety, in coordination with the Associate Administrator for Regional Operations and Program Delivery. (k) Associate Administrator for Rulemaking. The Associate Administrator for Rulemaking is delegated authority, except for authority reserved to the Administrator or delegated to the Chief Counsel, to exercise the powers and perform the duties of the Administrator with respect to the setting of motor vehicle safety and theft prevention standards, fuel economy standards, procedural regulations, the National Driver Register, and the development of consumer information and odometer regulations authorized under 49 U.S.C. chapters 301, 303, 321, 323, 325, 327, 329, and 331, and any uncodified provisions of law related to such issues. The Associate Administrator for rulemaking is also delegated authority to perform activities that support the development of these regulations and standards; extend comment periods (both self-initiated and in response to a petition or request for extension of time) for noncontroversial rulemakings; make technical amendments or corrections to a final rule; extend the effective date of a noncontroversial final rule; and develop and conduct the New Car Assessment Program. (l) Associate Administrator for Vehicle Safety Research. The Associate Administrator for Vehicle Safety Research is delegated authority to develop and conduct research, development, test, and evaluation programs and projects necessary to support the purposes of 49 U.S.C. chapters 301, 323, 325, 327, 329, and 331, any uncodified provisions of law related to such issues, and any cross-cutting safety initiatives. (m) Chief Financial Officer. The Chief Financial Officer is delegated authority to direct the NHTSA planning and evaluation system in conjunction with Departmental requirements and planning goals; coordinate the development of the Administrator's plans, budgets, and programs, and analyses of their expected impact; exercise procurement authority with respect to NHTSA requirements; administer NHTSA financial management programs, including systems of funds control and accounts of all financial transactions; and enter into inter- and intra-departmental reimbursable agreements other than [[Page 5942]] with the head of another Department or agency, provided that this authority to enter into such agreements may be redelegated only to Office Directors and Contracting Officers. (n) Chief Information Officer. The Chief Information Officer is delegated authority to formulate IT policy, guidance, procedures, security, and best practices; implement an IT capital planning program, an integrated Enterprise Architecture program, and a mission information protection program that ensures privacy, security, and critical infrastructure protection for NHTSA systems and data; and provide for other NHTSA IT functions to support the agency's mission, performance goals, and objectives. Issued in Washington, DC, under authority delegated in 49 CFR 1.81 and 1.95. Mark R. Rosekind, Administrator. [FR Doc. 2016-02101 Filed 2-3-16; 8:45 am] BILLING CODE 4910-59-P
![Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Rules and Regulations 5937
about how to activate and use DEPARTMENT OF TRANSPORTATION changes have been made to improve
accessibility features. All information formatting and consistency throughout
required by this section must be National Highway Traffic Safety part 501.
provided in a Web site format that is Administration The amendments in this final rule
accessible to people with disabilities. relate solely to changes in the
49 CFR Part 501 organizational structure and the
* * * * *
[Docket No. NHTSA–2015–0129] placement of the delegations of
(f)(1) Information, documentation, authority for various functions within
and training. MVPDs and manufacturers RIN 2127–AL46 the agency. This final rule does not
of navigation devices shall ensure impose substantive requirements on the
access to information and Organization and Delegation of Duties public. It is ministerial in nature and
documentation it provides to its AGENCY: National Highway Traffic relates only to Agency management,
customers, if achievable. Such Safety Administration (NHTSA), organization, procedure, and practice.
information and documentation Department of Transportation (DOT). Therefore, the Agency has determined
includes user guides, bills, installation that notice and comment are
ACTION: Final rule.
guides for end-user installable devices, unnecessary and that the rule is exempt
and product support communications, SUMMARY: National Highway Traffic from prior notice and comment
regarding both the product in general Safety Administration (NHTSA), requirements under 5 U.S.C.
and the accessibility features of the Department of Transportation (DOT) is 553(b)(3)(A). As these changes will not
product. MVPDs and manufacturers of updating its regulations governing the have a substantive impact on the public,
navigation devices shall take such other organization of NHTSA and delegations the Agency does not expect to receive
achievable steps as necessary including: of authority from the Administrator to significant comments on the substance
(i) Providing a description of the Agency officials, to provide for a of the rule. Therefore, the Agency finds
accessibility and compatibility features reorganization of the Agency’s internal that there is good cause under 5 U.S.C.
of the product upon request, including, structure. These changes will enable 553(d)(3) to make this rule effective less
as needed, in alternate formats or NHTSA to achieve its mission more than 30 days after publication in the
alternate modes at no additional charge; effectively and efficiently. Federal Register.
DATES: This rule is effective February 4,
(ii) Providing end-user product II. Regulatory Analyses and Notices
2016.
documentation in alternate formats or Executive Order 12866 (Regulatory
FOR FURTHER INFORMATION CONTACT: Mr.
alternate modes upon request at no Planning and Review) and DOT
Russell Krupen, Office of the Chief
additional charge; and Regulatory Policies and Procedures
Counsel, National Highway Traffic
(iii) Ensuring usable customer support Safety Administration, 1200 New Jersey NHTSA has determined that this final
and technical support in the call centers Avenue SE., Washington, DC 20590. rule is not a significant regulatory action
and service centers which support their Telephone: (202) 366–1834. under Executive Order 12866 and DOT
products at no additional charge. SUPPLEMENTARY INFORMATION: Regulatory Policies and Procedures (44
(2) MVPDs and manufacturers of FR 11034). It was not reviewed by the
I. Background
navigation devices shall include in Office of Management and Budget.
general product information the contact This final rule amends 49 CFR part There are no costs associated with this
method for obtaining the information 501, the chapter of the Code of Federal rule.
required by paragraph (f)(1) of this Regulations (CFR) that sets forth the
organization of the National Highway Executive Order 13132 (Federalism)
section.
Traffic Safety Administration (NHTSA) This final rule has been analyzed in
(3) In developing, or incorporating
and delegations of authority from the accordance with the principles and
existing training programs, MVPDs and
NHTSA Administrator to other Agency criteria contained in Executive Order
manufacturers of navigation devices
officials, to reflect a reorganization of 13132 (‘‘Federalism’’). This final rule
shall consider the following topics:
the Agency’s internal structure, to does not have substantial direct effects
(i) Accessibility requirements of update out-of-date information, and to on the States, on the relationship
individuals with disabilities; improve accuracy and clarity. In between the national government and
(ii) Means of communicating with addition, this rule amends the the States, or on the distribution of
individuals with disabilities; succession to the Administrator to power and responsibilities among the
conform to the new organizational various levels of government. Therefore,
(iii) Commonly used adaptive
structure. These changes will enable the the consultation requirements of
technology used with the
Agency to achieve its mission more Executive Order 13132 do not apply.
manufacturer’s products;
effectively and efficiently.
(iv) Designing for accessibility; and In particular, NHTSA is eliminating Executive Order 13175 (Consultation
the Senior Associate Administrator and Coordination With Indian Tribal
(v) Solutions for accessibility and Governments)
compatibility. positions that were created in 2002 (67
FR 44083) from its internal organization This final rule has been analyzed in
(4) If a consumer with a disability and adding the Executive Director and accordance with the principles and
requests an accessible navigation device
asabaliauskas on DSK5VPTVN1PROD with RULES
the Chief Financial Officer positions, as criteria contained in Executive Order
pursuant to Section 205, this also well as their functions and 13175 (‘‘Consultation and Coordination
constitutes a request for a description of responsibilities. Conforming changes to with Indian Tribal Governments’’).
the accessibility features of the device the regulations, including descriptions Because this final rule does not
and end-user product documentation in of the Associate Administrator significantly or uniquely affect the
accessible formats. positions, succession to the communities of the Indian tribal
[FR Doc. 2016–00929 Filed 2–3–16; 8:45 am] Administrator, and delegations of governments and does not impose
BILLING CODE 6712–01–P authority, are included. Additional substantial direct compliance costs, the
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![Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Rules and Regulations 5941
delegated authority to administer and uncodified provisions of law related to authority reserved to the Secretary
conduct NHTSA’s personnel such issues, and any cross-cutting safety under § 1.21 or the Administrator under
management activities; conduct initiatives; to develop, maintain, and § 501.7; and exercise the authority
administrative and management operate the National Driver Register and vested by 49 U.S.C. 20134(a) with
services in support of NHTSA missions a nationwide clearinghouse of problem respect to laws administered by NHTSA
and programs; and administer an drivers; and to support State integrated pertaining to highway, traffic, and motor
executive correspondence program. highway and traffic records safety vehicle safety, in coordination with the
(f) Associate Administrator for information systems. Associate Administrator for Regional
Communications and Consumer (i) Associate Administrator for Operations and Program Delivery.
Information. The Associate Regional Operations and Program (k) Associate Administrator for
Administrator for Communications and Delivery. The Associate Administrator Rulemaking. The Associate
Consumer Information is delegated for Regional Operations and Program Administrator for Rulemaking is
authority to manage and coordinate Delivery is delegated authority, except delegated authority, except for authority
market research, planning coordination, for authority reserved to the reserved to the Administrator or
development, and promotion of public Administrator, to exercise the powers delegated to the Chief Counsel, to
education campaigns for both paid and perform the duties of the exercise the powers and perform the
media and unpaid public services to Administrator with respect to grants to duties of the Administrator with respect
support program efforts; develop overall States for highway safety programs or to the setting of motor vehicle safety and
agency messaging and communications other State programs under 23 U.S.C. theft prevention standards, fuel
strategies in support of program chapter 4 (except section 403) and economy standards, procedural
initiatives; and develop agency policies uncodified provisions of law, including regulations, the National Driver
on messaging and communications approval and disapproval of State Register, and the development of
procedures and processes. highway safety plans and vouchers, in consumer information and odometer
(g) Associate Administrator for accordance with the procedural regulations authorized under 49 U.S.C.
Enforcement. The Associate requirements of the Administration. The chapters 301, 303, 321, 323, 325, 327,
Administrator for Enforcement is Associate Administrator for Regional 329, and 331, and any uncodified
delegated authority to administer the Operations and Program Delivery is also provisions of law related to such issues.
NHTSA enforcement program for all delegated authority over programs with The Associate Administrator for
laws, standards, and regulations respect to the authority vested by rulemaking is also delegated authority
pertinent to vehicle safety, fuel section 210(2) of the Clean Air Act, as to perform activities that support the
economy, theft prevention, amended (42 U.S.C. 7544(2)); the development of these regulations and
damageability, consumer information, authority vested by 49 U.S.C. 20134(a) standards; extend comment periods
and odometers, authorized under 49 with respect to laws administered by (both self-initiated and in response to a
U.S.C. chapters 301, 323, 325, 327, 329, NHTSA pertaining to highway, traffic, petition or request for extension of time)
and 331; conduct testing, inspection, and motor vehicle safety, in for noncontroversial rulemakings; make
and investigation necessary for the coordination with the Associate technical amendments or corrections to
identification and correction of safety- Administrator for Research and Program a final rule; extend the effective date of
related defects in motor vehicles and Development; the authority vested by 23 a noncontroversial final rule; and
motor vehicle equipment and U.S.C. 153, 154, 158, 161, 163, and 164, develop and conduct the New Car
noncompliances with Federal motor in coordination with the Federal Assessment Program.
vehicle safety standards; make initial Highway Administrator as appropriate; (l) Associate Administrator for
decisions concerning alleged safety- and the authority vested by 23 U.S.C. Vehicle Safety Research. The Associate
related defects and noncompliances 404, in coordination with the Associate Administrator for Vehicle Safety
with Federal motor vehicle safety Administrator for Communications and Research is delegated authority to
standards; grant or deny a Consumer Information. develop and conduct research,
manufacturer’s petition for decision of (j) Associate Administrator for development, test, and evaluation
inconsequential defect or Research and Program Development. programs and projects necessary to
noncompliance and exemption from the The Associate Administrator for support the purposes of 49 U.S.C.
notification and remedy requirements of Research and Program Development is chapters 301, 323, 325, 327, 329, and
49 U.S.C. chapter 301 in connection delegated authority to develop and 331, any uncodified provisions of law
with a defect or noncompliance; issue conduct research and development related to such issues, and any cross-
regulations relating to the importation of programs and projects necessary to cutting safety initiatives.
motor vehicles under 49 U.S.C. 30141– support the purposes of 23 U.S.C. (m) Chief Financial Officer. The Chief
30147; and grant and deny petitions for chapter 4, any uncodified provisions of Financial Officer is delegated authority
import eligibility determinations law related to that chapter, and cross- to direct the NHTSA planning and
submitted to NHTSA by motor vehicle cutting safety initiatives; conduct evaluation system in conjunction with
manufacturers and registered importers research and development activities Departmental requirements and
under 49 U.S.C. 30141. described or specifically enumerated in planning goals; coordinate the
(h) Associate Administrator for 23 U.S.C. 403; carry out the functions development of the Administrator’s
National Center for Statistics and and exercise the authority vested in the plans, budgets, and programs, and
Analysis. The Associate Administrator Secretary and Administrator under analyses of their expected impact;
asabaliauskas on DSK5VPTVN1PROD with RULES
for National Center for Statistics and section 10202 of the Safe, Accountable, exercise procurement authority with
Analysis is delegated authority to Flexible, Efficient Transportation Equity respect to NHTSA requirements;
provide the data, analysis, and Act: A Legacy for Users, Public Law administer NHTSA financial
evaluation and create and maintain 109–59 [42 U.S.C. 300d–4], as amended management programs, including
information systems necessary to by section 31108 of the Moving Ahead systems of funds control and accounts
support the purposes of 49 U.S.C. for Progress in the 21st Century Act, of all financial transactions; and enter
chapters 301, 303, 323, 325, 327, 329, Public Law 112–141, relating to into inter- and intra-departmental
and 331, 23 U.S.C. chapter 4, any emergency medical services, except for reimbursable agreements other than
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![5942 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Rules and Regulations
with the head of another Department or practices; implement an IT capital support the agency’s mission,
agency, provided that this authority to planning program, an integrated performance goals, and objectives.
enter into such agreements may be Enterprise Architecture program, and a Issued in Washington, DC, under authority
redelegated only to Office Directors and mission information protection program delegated in 49 CFR 1.81 and 1.95.
Contracting Officers. that ensures privacy, security, and Mark R. Rosekind,
(n) Chief Information Officer. The critical infrastructure protection for
Chief Information Officer is delegated Administrator.
NHTSA systems and data; and provide
authority to formulate IT policy, [FR Doc. 2016–02101 Filed 2–3–16; 8:45 am]
for other NHTSA IT functions to
guidance, procedures, security, and best BILLING CODE 4910–59–P
asabaliauskas on DSK5VPTVN1PROD with RULES
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Document Created: 2016-02-04 00:30:52
Document Modified: 2016-02-04 00:30:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective February 4, 2016. | |
| Contact | Mr. Russell Krupen, Office of the Chief Counsel, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: (202) 366-1834. | |
| FR Citation | 81 FR 5937 | |
| RIN Number | 2127-AL46 | |
| CFR Associated | Authority Delegations (government Agencies) and Organization and Functions (government Agencies) |
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