§ 390.4 Delegations and redelegations of authority of FMCSA employees to perform assigned actions or duties.

(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.