§ 390.4 Delegations and redelegations of authority of FMCSA employees to perform assigned actions or duties.
发布04-30
生效04-30
摘要总结AI 辅助解读
该条款为美国联邦汽车承运人安全管理局（FMCSA）内部行政授权程序规定，明确局长及员工在法规、指令或备忘录框架下委托与再委托执行职责的权限、格式及特殊情形下的替代行使机制。其核心在于确立FMCSA内部职权行使的法律有效性，属于机构内部管理规范，不直接设定外部运输企业、货代或跨境卖家的实体合规义务或操作标准。
- (a) General. FMCSA may apply the guidelines and procedures of this section to delegate or redelegate the authority of FMCSA employees to perform assigned actions or duties under this chapter.
- (b) FMCSA Administrator authority to delegate and redelegate. (1) The FMCSA Administrator is authorized to delegate and redelegate authority and authorize successive redelegations.
- (2) The FMCSA Administrator retains concurrent authority to exercise or redelegate any authority that he or she has delegated to an employee in regulation, directive, or memorandum.
- (c) Redelegations by FMCSA employees. Unless specifically prohibited by law, and in consultation with the FMCSA Office of the Chief Counsel, an FMCSA employee with delegated authority is authorized to—
- (1) Redelegate that authority to another FMCSA employee, as appropriate; and
- (2) Maintain concurrent authority to exercise or redelegate the authority he or she has delegated to another FMCSA employee.
- (d) Exercise of delegated authority in special circumstances. In consultation with the FMCSA Office of the Chief Counsel, if the FMCSA employee to whom a regulation assigns the authority to perform an action or a duty is unavailable or otherwise unable to perform such action or duty ( e.g., due to a conflict of interest or a vacancy in the position), a supervisor of the FMCSA employee may exercise that authority or redelegate such authority to another FMCSA employee, as appropriate.
- (e) Format of delegations and redelegations. Delegations and redelegations authorized under this section must be in writing and may be made by regulation, directive, or memorandum.
- (f) Actions or duties performed under delegated or redelegated authority. Each action or duty performed by any FMCSA employee pursuant to authority delegated or redelegated to him or her in accordance with this section, whether directly or by redelegation, shall be a valid exercise of that authority, notwithstanding any regulation that provides that such action or duty shall be performed by another FMCSA employee.
[86 FR 57072, Oct. 14, 2021]