ment technically continues in effect pending the further agency review contemplated by the Supreme Court. However, if that were not the case, compliance with the rule could be considered to be required by September 1, 1983. In order to clarify this situation, the Department has determined that it is appropriate to issue this notice suspending the effective date of the requirement.

The Supreme Court stated that the agency has sufficient justification to suspend Standard 208 pending any further consideration in accordance with the Court's decision. The Department believes that further consideration is necessary and, as part of our review efforts, it is our intention to issue a notice of proposed rulemaking (NPRM) by October 15, 1983. We intend to expedite this rulemaking and reach a final decision as quickly as possible and well before the end of the one-year suspension. At that time, we will establish an appropriate effective date either for the rule that was rescinded, if we decide to retain it, or for any other action that we take, including rescission of the rule.

We believe that it would be inappropriate to require compliance with the rule during this short review period. Neither consumers nor manufacturers should be required to incur additional expenses to comply with a requirement that is being actively reviewed.

Moreover, there is substantial evidence showing that a September 1, 1983, effective date is not practicable. After the D.C. Circuit entered its order of August 4, 1982, reinstating the automatic restraint requirement on September 1, 1983, NHTSA obtained current information from vehicle and automatic restraint equipment manufacturers concerning their ability to comply with a September 1, 1983, effective date. After reviewing and analyzing the letters and affidavits submitted by the manufacturers, NHTSA concluded, in an October 1, 1982, submission to the D.C. Circuit Court, that a September 1, 1983, effective date was not achievable at that time and that a significantly longer time period would be needed before practicable compliance with the automatic restraint requirements could be

achieved. Based on that data, the Department has concluded that it would not be practicable for vehicle manufacturers to comply with the September 1, 1983, requirement because there is not sufficient leadtime for them to make all the necessary design, development, testing, and production preparations by that date.

Because it is not practicable for the manufacturers to comply by September 1, 1983, the Department also has determined that notice and public procedure on this notice of suspension are impracticable, unnecessary, and contrary to the public interest. The recency of the Supreme Court decision and the imminence of the deadline for compliance with the rule justify this determination. We wish to stress, however, that we are providing an opportunity for public comment on this suspension immediately subsequent to its issuance. After reviewing the public comment that is received, the Department will determine whether this suspension should be revised or revoked and we will issue a document stating our final decision.

This suspension may be made effective immediately upon publication in the FEDERAL REGISTER because it relieves a restriction.

This suspension is a major action within the meaning of Executive Order 12291 and a significant action under the Department's Regulatory Policies and Procedures. The benefits and costs of the automatic restraint requirements have been carefully reviewed in the prior final regulatory impact analysis dated October 1981, which has been placed in the docket for the automatic restraint rulemaking. That analysis also provides an assessment of the impact of this suspension. The prior regulatory impact analysis also discusses the impact of the rescission of the automatic restraint requirements on small businesses and governmental entities. Based on that prior analysis, I hereby certify that this suspension will not have a significant economic impact on a substantial number of small entities. The Department has also evaluated this suspension in accordance with the National Environmental Policy Act and has determined that this action is

not a major Federal action significantly affecting the quality of the human environment.

Interested persons are invited to submit comments on the notice of suspension. It is requested but not required that 10 copies be submitted.

All comments must be limited not to exceed 15 pages in length. (49 CFR 553.21). Necessary attachments may be appended to these submissions with regard to the 15 page limit. This limitation is intended to encourage commenters to detail their primary arguments in a concise fashion.

If a commenter wishes to submit certain information under a claim of confidentiality, three copies of the complete submission, including purportedly confidential information, should be submitted to the Chief Counsel, NHTSA, at the street address given above, and seven copies from which the purportedly confidential information has been deleted should be submitted to the Docket Section. A request for confidentiality should be accompanied by a cover letter setting forth the information specified in the agency's confidential business information regulations.

All comments received before the close of business on the comment closing date indicated above will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. However, we may proceed with further action at any time after that date, and comments after the closing date and too late for consideration in regard to the action will be treated as suggestions for future action. The NHTSA will continue to file relevant material as it becomes available in the docket after the closing date, and it is recommended that interested persons continue to examine the docket for new material.

Those persons desiring to be notified upon receipt of their comments in the rules docket should enclose, in the envelope with their comments, a self addressed stamped postcard. Upon receiving the comments, the docket supervisor will return the postcard by mail.

LIST OF SUBJECTS IN 49 CFR PART 571 Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber products, Tires.

(Secs. 103, 119, Pub. L. 89-563, 80 Stat. 718 (15 U.S.C. 1392, 1407)

Issued in Washington D.C. on August 30, 1983.

James H. Burnley, IV,

Acting Secretary of Transportation.
APPENDIX A

The text of S4.1.3 of Standard No. 208, Occupant Crash Protection, (49 CFR Part 571.208) that was rescinded on October 29, 1981 (46 FR 53419) reads as follows:

S4.1.3 Passenger cars manufactured on or after September 1, 1983. Each passenger car manufactured on or after September 1, 1983 shall

(a) At each front designated seating position meet the frontal crash protection requirements of S5.1 by means that require no action by vehicle occupants;

(b) At each rear designated seating position have a Type 1 or Type 2 seat belt assembly that conforms to Standard No. 209 and S7.1 and S7.2; and

(c) Either

(1) Meet the lateral crash protection requirement of S5.2 and the roll-over crash protection requirements of S5.3 by means that require no action by vehicle occupants;

or

(2) At each front designated seating postion have a Type 1 or Type 2 seat belt assembly that conforms to Standard No. 209 and S7 through 7.3, and meet the requirements of S5.1 with front test dummies as required by S5.1, restrained by the Type 1 or Type 2 seat belt assembly (or the pelvic portion of any Type 2 seat belt assembly which has a detachable upper torso belt) in addition to the means that require no action by the vehicle occupant.

[FR Doc. 83-24219 Filed 8-31-83; 10:09 am]

The National Highway Traffic Safety Administrator is delegated authority by the Secretary of Transportation (49 CFR 1.50) to:

(a) Carry out the National Traffic and Motor Vehicle Safety Act of 1966, as amended (80 Stat. 718; (15 U.S.C. 1381, et seq.)).

(b) Carry out the Highway Safety Act of 1966, as amended (80 Stat. 731) (including chapter 4 of title 23 U.S.C.) except for highway safety programs, research, and development relating to highway design, construction and maintenance, traffic control devices, identification, and surveillance of accident locations, and highway-related aspects of pedestrian and bicycle safety.

(c) Exercise the authority vested in the Secretary 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).

(d) Exercise the authority vested in the Secretary 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 National Highway Traffic Safety Administrator pertaining to highway, traffic, and motor vehicle safety.

(e) Carry out the Act of July 14, 1960, as amended (74 Stat. 526; 23 U.S.C. 313 note).

(f) Carry out the functions vested in the Secretary by the Motor Vehicle Information and Cost Savings Act of 1972, as amended (49 U.S.C. 1902 et seq.) except section 512.

(g) Carry out the functions vested in the Secretary by section 211(c) of the Highway Safety Act of 1973, Pub. L. 93-87, title II (87 Stat. 282).

(h) Carry out the functions vested in the Secretary by section 108 of the Motor Vehicle and Schoolbus Safety Amendments of 1974 (Pub. L. 93-492, 88 Stat. 1482).

(i) Administer the following sections of title 23, U.S.C., with the concurrence of the Federal Highway Administrator:

(1) 141, as it relates to certification of the enforcement of speed limits; and

(2) 154 (a), (b) and (d).

(j) Carry out the functions vested in the Secretary by section 1(a) of Executive Order 11912.

§ 501.3 Organization and general responsibilities.

The organization of, and general spheres of responsibility within, the NHTSA, through the levels of the immediate Office of the Administrator (which includes the Deputy Administrator; the Executive Secretariat; Director, Office of Civil Rights; and the Director, Office of Public Affairs and Consumer Participation), the Chief Counsel and the offices of the Associate Administrators, are as follows:

(a) Office of the Administrator-(1) Administrator. Provides for: (i) Representation of the Department and is the principal advisor to the Secretary in all matters relating to functions assigned under the National Traffic and Motor vehicle Safety Act of 1966, as amended; to the driver and motor vehicle functions assigned under the Highway safety Act of 1966; to motor vehicle and consumer information

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;

legislative,

(iv) Approving broad 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 and, in those instances when the office of Administrator is vacant due to death or resignation, to the Deputy 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);