functions under the Motor Vehicle Information and Cost Savings Act of 1972, as amended; and to such other authorities as delegated by the Secretary of Transportation (49 CFR 1.50): (ii) Establishing NHTSA program policies, objectives, and priorities and directing development of action plans to accomplish the NHTSA mission;

(iii) Directing, controlling, and evaluating the organization, program activities, performance of NHTSA staff, program, and field offices;

(iv) Approving broad legislative, budgetary, fiscal and program proposals and plans; and

(v) Taking management actions of major significance, such as those relating to changes in basic organization pattern, appointment of key personnel, allocation of resources, and matters of special political or public interest of sensitivity.

(2) Deputy Administrator. Assists the Administrator in the discharge of his/her responsibilities and is responsible for: directing and coordinating the Administration's management and operational programs as well as the related policies and procedures at headquarters and in the field; and day-today direction of the Regional Administrators.

(3) Executive Secretariat. Provides a central facilitative staff for the Administrator and Deputy Administrator and services and support to the National Highway Safety Advisory Committee and such other committees as designated by the Administrator.

(4) Director, Office of Public Affairs and Consumer Participation. Acts as principal staff advisor to the Administrator on public affairs and consumer programs, and provides comprehensive programs for public information and public affairs covering all NHTSA activities.

(5) Director, Office of Civil Rights. As principal staff advisor to the Administrator and Deputy Administrator on all matters pertaining to civil rights, acts as Director of Equal Employment Opportunity, Contracts Compliance Officer, and title VI (Civil Rights Act of 1964) Coordinator; assures Administrationwide compliance with related laws, Executive Orders, regulations, and policies; and, provides

assistance to the Office of the Secretary in investigating and adjudicating formal complaints of discrimination.

(b) Chief Counsel. As chief legal officer, the Chief Counsel provides legal services to the Administrator and officers of the Administration, prepares litigation for the Administration; effects rulemaking actions; and serves as coordinator on legislative affairs.

(c) Associate Administrators—(1) Associate Administrator for Rulemaking. As the principal advisor to the Administrator on all matters as they relate to the setting of standards and regulations, administers the programs of the administration to develop and promulgate Federal Standards and regulations dealing with the crash protection, crash survivability, crash avoidance of motor vehicles, the issuance of mandatory Automotive Fuel Economy Standards and related procedural regulations, and the development of consumer information and regulations dealing with the crash protection and survivability characteristics, damageability, crash avoidance, ease of diagnosis and repair of motor vehicles.

(2) Associate Administrator for Enforcement. As the principal advisor to the Administrator on all matters as they relate to the enforcement of motor vehicle safety, fuel economy, and damageability laws and standards, administers programs of the administration to ensure compliance with Federal laws, standards and regulations pertinent to vehicle safety, fuel economy, damageability, consumer information and odometer fraud.

(3) Associate Administrator for Traffic Safety Programs. Directs programs relating to: State and community uniform traffic safety performance standards, including vehicle-in-use performance inspection standards; financial and technical assistance to States and communities to achieve comprehensive traffic safety programs; and, the promotion of national programs on traffic safety, including the reduction of alcohol and drug use by drivers.

(4) Associate Administrator for Research and Development. Directs programs relating to: research, development; accident investigation and information collection, analysis and dissemination; and development of facili

ties requirements to support NHTSA research and development efforts.

(5) Associate Administrator for Plans and Programs. Acts as advisor to the Administrator and Deputy Administrator on all matters involving NHTSA policies, objectives, programs, and plans and their relationship to those of the Department of Transportation.

(6) Associate Administrator for Administration. Acts as advisor to the Administrator and Deputy Administrator on all administrative and managerial matters as they relate to NHTSA missions, programs, and objectives; organization and delegations of authority; management studies; personnel management; training; logistics and procurement; budget; financial management; accounting and data systems design; paperwork management; investigations and security; audit; defense readiness; and administrative support services.

§ 501.4 Succession to Administrator.

The following officials in the order indicated, shall act as Administrator of the National Highway Traffic Safety Administration, in the case of the absence or disability or in the case of a vacancy in the Office of the Administrator, until a successor is appointed:

(a) Deputy Administrator, (b) Chief Counsel, (c) Associate Administrator for Plans and Programs, (d) Associate Administrator for Rulemaking, (e) Associate Administrator for Enforcement, (f) Associate Administrator for Research and Development, (g) Associate Administrator for Traffic Safety Programs, and (h) Associate Administrator for Administration.

§ 501.5 Exercise of authority.

(a) In exercising the powers and performing the duties delegated by this part, officers of the 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 and Deputy Administrator, or, with respect to matters under their jurisdictions, by or on

behalf of the Associate Administrators, and Directors of staff offices.

(b) Each officer to whom authority is delegated by this part may redelegate and authorize successive redelegations of that authority subject to any conditions he may prescribe. Redelegations of authority shall be in written form and shall be published in the FEDERAL REGISTER when they affect the public.

(c) Each officer to whom authority is delegated will administer and perform the functions described in his respective functional statements.

§ 501.6 Secretary's reservations of authority.

The authorities reserved to the Secretary of Transportation are set forth in § 1.44 of Part 1 and in Part 95 of the regulations of the Office of the Secretary of Transportation in subtitle A of this title (49 CFR Parts 1 and 95).

§ 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:

(a) The authority under the National Traffic and Motor Vehicle Safety Act of 1966, as amended, to: (1) Establish, amend, or revoke final new and used motor vehicle safety standards and regulations except for the issuance of amendments to existing standards through the abbreviated rulemaking procedures concerning tires and rims; (2) Make final determinations concerning violations of the Act and regulations issued thereunder.

(b) The authority under the Highway Safety Act of 1966, as amended, to: (1) Apportion authorization amounts and distribute obligation limitations for State and community highway safety programs; (2) Approve the awarding of incentive grants to the States authorized under 23 U.S.C. 402(j); (3) Promulgate uniform State and community highway safety standards; (4) Amend or revoke State and community highway safety standards and appurtenant regulations; and (5) Fix the rate of compensation for non

government members of the National Highway Safety Advisory Committee.

(c) The authority under the Motor Vehicle Information and Cost Savings Act of 1972, as amended (49 U.S.C. 1902 et seq.), to:

(1) Establish, amend, revoke, or grant exemptions from final motor vehicle standards;

(2) Establish, amend, revoke, or grant exemptions from final automotive fuel economy standards;

(3) Initially compiled official information to consumers and automobile dealers, and issue final rules and regulations developed under the act;

(4) Make final determinations concerning violations of the Act and regulations thereunder;

(5) Assess civil penalties and grant credits to manufacturers under section 508.

(d) The authority under section 211(c) of the Highway Safety Act of 1973, to allocate funds to the States.

(e) The authority under section 141 and section 154(a) and (d) of title 23 of the U.S.C., with the concurrence of the Federal Highway Administrator, to disapprove any State certification or to impose any sanction on a State. [43 FR 8525, Mar. 2, 1978; 43 FR 11995, Mar. 23, 1978]

§ 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, reservation, or instructions of the Administrator.

(b) Director, Office of Civil Rights. The Director, Office of Civil Rights is delegated authority to:

(1) Act as the NHTSA Director of Equal Employment Opportunity.

(2) Act as NHTSA Contracts Compliance Officer.

(3) Act as NHTSA coordinator for matters under title VI of the Civil Rights Act of 1964, Executive Order 11247, and regulations of the Department of Justice.

(c) Executive Secretary. The Executive Secretary is delegated authority to issue subpoenas, at the request of the Assistant Chief Counsel for Litigation and after notice to the Administrator, for the attendance of witnesses

and production of documents pursuant to the National Traffic and Motor Vehicle Safety Act and the Motor Vehicle Information and Cost Savings Act. (d) Chief Counsel. The Chief Counsel is delegated authority to:

(1) Exercise the powers and perform the duties of the Administrator with respect to the setting of odometer regulations authorized under title IV of the Motor Vehicle Information and Cost Savings Act (86 Stat. 947, as amended, 90 Stat. 981; 15 U.S.C. 1901).

(2) Establish the legal sufficiency of all investigations conducted under the authority of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (80 Stat. 718; 15 U.S.C. 1381 et seq.) and under the authority of titles I and IV of the Motor Vehicle Information and Cost Savings Act of 1972, as amended (86 Stat. 947; 15 U.S.C. 1901 et seq.), and to compromise any civil penalty or monetary settlement resulting therefrom in an amount of $5,000 or less.

(3) Exercise the powers of the Administrator, other than subpoena powers, under the following paragraphs of subsection 112(c) of the National Traffic and Motor Vehicle Safety Act (90 Stat. 718, as amended 88 Stat. 1470; 15 U.S.C. 1401(c)) at such stage in each investigation as the Administrator may determine that the preliminary data indicate a need for full inquiry: paragraph (1), paragraph (3) with respect to requiring reports and answers to be given under oath, paragraph (4), and paragraph (5).

(e) Associate Administrator for Plans and Programs. The Associate Administrator for Plans and Programs 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, policies, and programs, the analyses of their expected impact, and their evaluation in terms of the degree of goal achievement; and perform independent analyses of proposed Administration regulatory, grant, legislative, and program activities.

(f) Associate Administrator for Rulemaking. Except for those portions that have been reserved to the Admin

istrator, the Associate Administrator for Rulemaking is delegated authority to exercise the powers and perform the duties of the Administrator with respect to the setting of motor vehicle safety standards, average fuel economy standards, procedural regulations, and the development of consumer information and regulations authorized under:

(1) The National Traffic and Motor Vehicle Safety Act of 1966, as amended (80 Stat. 718; 15 U.S.C. 1381 et seq.) except section 108 (b)(1) regarding used motor vehicles and State inspections, including the issuance of amendments to existing standards concerning tires and tire-rims through the prescribed abbreviated rulemaking procedures, subject to prior coordination with the Chief Counsel; and

(2) Titles I, II, and V of the Motor Vehicle Information and Cost Savings Act of 1972, as amended (86 Stat. 947; 15 U.S.C. 1901).

(g) Associate Administrator for Enforcement. Except for those portions that have been reserved to the Administrator, delegated to the Chief Counsel, or delegated to the Executive Secretary, the Associate Administrator for Enforcement is delegated authority to exercise the powers and perform the duties of the Administrator with respect to administering the NHTSA enforcement program for all laws, standards, and regulations pertinent to vehicle safety, fuel economy, damageability, consumer information and odometer fraud, authorized under (1) the National Traffic and Motor Vehicle Safety Act of 1966, as amended (80 Stat. 718; 15 U.S.C. 1381 et seq.), and the Motor Vehicle Information and Cost Savings Act of 1972, as amended (86 Stat. 947; 15 U.S.C. 1901).

(h) Associate Administrator for Traffic Safety Programs. Except for those portions that have been reserved to the Administrator the Associate Administrator for Traffic Safety Programs is delegated authority to exercise the powers and perform the duties of the Administrator with respect to: The Highway Safety Act of 1966 (80 Stat. 731; 23 U.S.C. 401 et seq.), as amended; section 108(b)(1) of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (80

Stat. 718; 15 U.S.C. 1381 et seq.), regarding used motor vehicles and State inspection; the authority vested by section 210(2) of the Clean Air Act (42 U.S.C. 1857, et seq.), as amended by section 10(b) of Pub. L. 91-604 (84 Stat. 1700); the authority vested by section 204(b) of the Federal Railroad Safety Act of 1970 (84 Stat. 972; 45 U.S.C. 433(b)), with respect to the laws administered by the Administrator pertaining to highway traffic, and motor vehicle safety; administering title III of the Motor Vehicle Information and Cost Savings Act of 1972 (86 Stat. 959; 15 U.S.C. 1901); carrying out the requirements of 211(c) of the Highway Safety Act of 1973 (87 Stat. 288); and the carrying out of the Act of July 14, 1960 (National Driver Register), as amended (74 Stat. 526; 23 U.S.C. 313 note); administers sections 141, as it relates to certification of the enforcement of speed limits, and 154 (a), (b), and (d) of title 23 U.S.C., with the concurrence of the Federal Highway Administrator.

(i) Associate Administrator for Research and Development. The Associate Administrator for Research and Development is delegated authority

to:

(1) Develop and conduct research and development programs and projects necessary to support the purposes of the National Traffic and Motor Vehicle Safety Act of 1966, as amended, the Highway Safety Act of 1966, as amended, and the Motor Vehicle Information and Cost Savings Act of 1972, as amended, in coordination with the appropriate Associate Administrators and the Chief Counsel.

(2) Conduct safety research, either independently or in cooperation with other public or private organizations, to improve the total state-of-the-art of motor vehicle and highway traffic safety.

(j) Associate Administrator for Administration. The Associate Administrator for Administration is delegated authority to:

(1) Exercise procurement authority with respect to requirements of the NHTSA;

(2) Administer and conduct personnel management activities of the NHTSA;

(3) Administer NHTSA fiscal management programs, including systems of funds control and accounts of all financial transactions, budgetary programs and controls, and the allocation of personnel resources; and

(4) Conduct administrative management services in support of NHTSA missions and programs.

(k) Regional Administrators. Each Regional Administrator is delegated authority to:

(1) Approve or disapprove State Highway Safety Plans, including the initial agreement, any changes thereto, and approval of final vouchers, in accordance with the procedural requirements of the Administration (jointly with the delegate of the Federal Highway Administrator, except for highway safety programs administered on Indian Reservations by the Secretary of the Interior under 23 U.S.C. 402(i));

(2) Administer the operational phases as contract technical manager for any projects that have been or may be delegated for regional administration.

(Delegation at 49 CFR 1.50)

[43 FR 8525, Mar. 2, 1978, as amended at 43 FR 51022, Nov. 2, 1978; 44 FR 76295, Dec. 26, 1979; 46 FR 43687, Aug. 31, 1981]

(a) "NHTSA" means the National Highway Traffic Safety Administration.

(b) "Administrator" means the Administrator of the National Highway Traffic Safety Administration.

(c) "Chief Counsel" means the Chief Counsel of the National Highway Traffic Safety Administration.

(d) "Deputy Administrator" means the Deputy Administrator of the National Highway Traffic Safety Administration.

(e) "Person" includes agents, officers, and employees of sole proprietorships, partnerships, corporations, and other entities.

[45 FR 29042, May 1, 1980; 45 FR 32001, May 15, 1980]