49 CFR Part 501 — Organization and Delegation of Powers and Duties

PART 501—ORGANIZATION AND DELEGATION OF POWERS AND DUTIES Authority: 49 U.S.C. 105 and 322, and delegations of authority at 49 CFR 1.81 and 1.95. Source: 81 FR 5938, Feb. 4, 2016, unless otherwise noted. § 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. § 501.2 General. The responsibilities and authorities delegated to NHTSA and the Administrator are set forth in §§ 1.81, 1.94, and 1.95 of this title. § 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 Administrator. (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. (3) Executive Director. (4) Director, Office of Civil Rights. (5) Director, Office of Governmental Affairs, Policy & Strategic Planning. (6) Director of Communications. (b) Chief Counsel. (c) Associate Administrators, Chief Financial Officer, and Chief Information Officer Associate Administrator for Administration. (2) Associate Administrator for Communications and Consumer Information. (3) Associate Administrator for Enforcement. (4) Associate Administrator for National Center for Statistics and Analysis. (5) Associate Administrator for Regional Operations and Program Delivery. (6) Associate Administrator for Research and Program Development. (7) Associate Administrator for Rulemaking. (8) Associate Administrator for Vehicle Safety Research. (9) Chief Financial Officer. (10) Chief Information Officer. § 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. § 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. (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. § 501.6 Secretary's reservations of authority. The authorities reserved to the Secretary of Transportation are set forth in § 1.21 of this title. § 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 §§ 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. § 501.8 Delegations. (a) Deputy Administrator. (b) Executive Director. (c) Director, Office of Civil Rights. (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. (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. (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. (f) Associate Administrator for Communications and Consumer Information. (g) Associate Administrator for Enforcement. (h) Associate Administrator for National Center for Statistics and Analysis. (i) Associate Administrator for Regional Operations and Program Delivery. (j) Associate Administrator for Research and Program Development. (k) Associate Administrator for Rulemaking. (l) Associate Administrator for Vehicle Safety Research. (m) Chief Financial Officer. (n) Chief Information Officer.

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