What does 49 CFR 390.4 (Delegations and redelegations of authority of FMCSA employees to perform assigned actions or duties) require?

Short answer

49 CFR 390.4 requires FMCSA to delegate or redelegate authority to its employees to perform assigned actions or duties under this chapter. The section outlines the guidelines and procedures for these delegations and redelegations.

The rule says

"The FMCSA Administrator is authorized to delegate and redelegate authority and authorize successive redelegations." (49 CFR 390.4(b)(1))

"Delegations and redelegations authorized under this section must be in writing and may be made by regulation, directive, or memorandum." (49 CFR 390.4(e))

"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." (49 CFR 390.4(f))

In plain English

This section is about how FMCSA assigns tasks to its employees. The Administrator has the power to give tasks to employees and let them give those tasks to others. All of these assignments must be written down. If an employee does a task they were assigned, it's considered a valid action, even if another employee normally does that task. This helps make sure tasks get done efficiently and correctly.

What to do

• Review the delegation of authority within your organization to ensure it aligns with FMCSA guidelines.
• Ensure all delegations and redelegations are in writing.
• Verify that employees understand their assigned tasks and the authority they have been given.
• Maintain records of all delegations and redelegations for auditing purposes.