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FHWA Order M 1100.1.A

Order
Subject
FHWA Delegations and Organization Manual
Classification Code Date: Office of Primary Interest
M 1100.1A, Chg. 17 June 5, 2000 HAIM-10
  1. PURPOSE. To issue revised pages to the FHWA Delegations and Organization Manual.

  2. EXPLANATION OF CHANGES. The Chief Counsel Service Business Unit (SBU) has reorganized to more effectively align its expertise and responsibilities with the Headquarters Core Business Units (CBU) and other SBUs. Major changes include: (a) the transfer of primary responsibility for the implementation of the North American Free Trade Agreement (NAFTA) to the immediate office of the Chief Counsel; (b) the establishment of an Administrative and Technology Law Division, which assumed various functions previously performed by the Program Legal Services Division and the Legislation and Regulations Division; (c) formally documenting the retitling of the Motor Carrier Law Division to the Motor Carrier and Highway Safety Law Division; and (d) revising references to the former Motor Carrier and Highway Safety (MC&HS) CBU to refer to the Federal Motor Carrier Safety Administration (FMCSA) and/or highway safety, as appropriate. In addition, the Chief Counsel SBU and Divisions’ mission statement are revised to reflect that legal advice and services are provided to the FMCSA through a Memorandum of Understanding (MOU). Individual changes relating to the MOU, and to replacing references to the former MC&HS CBU, are not listed below but they are reflected by a change line in the mission and functions statement. The mission and functions statement for the Chief Counsel SBU is amended as follows.

    1. A functions statement has been added, under the Chief Counsel SBU, stating that it provides legal advice on all NAFTA and border crossing activities, including issues relating to freight movement, and international agreements. While the immediate office of the Chief Counsel has primary responsibility for the implementation of NAFTA, the Motor Carrier and Highway Safety Law Division will also continue to provide legal services to FMCSA and FHWA offices regarding NAFTA and border crossing issues.

    2. The Legislation and Regulations Division’s functions statement is revised to:

        (1) delete the statement that the Division provides legal services regarding the testimony of FHWA employees as witnesses in certain proceedings; and

        (2) delete the statement that the Division provides legal services associated with the administration, interpretation, and implementation of the Freedom of Information Act, the Privacy Act, the Federal Advisory Committee Act, and other laws relating to public access to government information.

        These functions have transferred to the Administrative and Technology Law Division.

    3. The retitling of the Motor Carrier Law Division as the Motor Carrier and Highway Safety Law Division was previously approved and is formally documented. The Division’s functions statement is revised to:

        (1) delete the statement, under Size and Weight, that the Division provides oversight regarding the review of certifications of compliance in matters relating to vehicle size and weight, designation of the National Network for large commercial vehicles, and reasonable access to the National Network;

        (2) delete the statement that the Division provides legal services regarding the National Motor Carrier Advisory Committee, as this committee no longer exists;

        (3) reflect, under Traffic Safety Programs, that the Division’s legal services include assistance to the legal offices that are located in the field; and

        (4) reflect, under Border Crossings, that the Division provides legal advice to FMCSA and FHWA offices on NAFTA and border crossing activities, including issues relating to freight movement.

    4. The Program Legal Services Division’s mission and functions statement is revised as follows.

        (1) The mission statement is revised to:

          (a) reflect that the Division provides legal advice and services relating to external matters regarding the Infrastructure CBU and the Planning and Environment CBU, and to SBUs, where appropriate;

          (b) delete the text stating that the Division provides legal advice and services to the Operations CBU – this function has transferred to the Administrative and Technology Law Division; and

          (c) delete wording that legal advice and services are provided to the Federal Lands Highway CBU.

        (2) The functions statement is revised to:

          (a) delete the text, under Advocacy, stating that the Division serves as an advocate for issues and programs involving operations – this function has transferred to the Administrative and Technology Law Division;

          (b) with regard to the paragraph titled Fiscal Services:

            1 reflect that legal assistance is provided regarding determinations of eligibility for Federal funding, authorizations, “Federal-aid” apportionments, limitations, and related “external” budgetary and fiscal matters – functions relating to “internal” budgetary and fiscal matters have transferred to the Administrative and Technology Law Division; and

            2 delete the text stating that legal assistance is provided regarding appropriations – this function has transferred to the Administrative and Technology Law Division;

          (c) with regard to the paragraph titled Infrastructure:

            1 delete the text stating that the Division provides legal services in connection with procurement – this function has transferred to the Administrative and Technology Law Division;

            2 reflect that the Division provides legal services associated with Federal-aid (nonprocurement) suspensions and debarments and infrastructure-related Federal tort matters – functions regarding procurement suspensions and debarments and noninfrastructure-related Federal tort matters have transferred to the Administrative and Technology Law Division; and

            3 delete the text stating that the Division provides legal advice and services in connection with cooperative agreements and grants – these functions have transferred to the Administrative and Technology Law Division;

          (d) delete the statement, under Native American Issues, that the Division provides legal services to the Federal Lands offices;

          (e) reflect, under Environmental and Other Litigation, that the Division provides legal services in connection with litigation involving infrastructure and other external matters;

          (f) delete the text stating that the Division provides legal services to the Operations CBU and the Research, Development, and Technology (RD&T) SBU, and legal services regarding international transportation and technological matters – these functions have transferred to the Administrative and Technology Law Division;

          (g) delete wording that the Division provides legal services in connection with general litigation involving operations and administrative matters – these functions have transferred to the Administrative and Technology Law Division; and

          (h) add paragraph titled Other Matters, which states that the Division provides legal advice and services related to other matters which are assigned by the Chief Counsel or Deputy Chief Counsel.

    5. A mission and functions statement is added for the Administrative and Technology Law Division, to reflect that the Division:

        (1) provides certain legal advice and services that were previously performed by the Legislation and Regulations Division and the Program Legal Services Division, including the functions identified above;

        (2) provides legal advice and services to the CBUs and SBUs on administrative and internal matters, and to FMCSA through an MOU; and

        (3) serves as an advocate for issues and programs involving the Operations CBU and the RD&T SBU, as well as the other SBUs.

  3. Minor technical and grammatical revisions are also included in this change and are reflected by a change line in the Manual text, but are not listed here.
 



Kenneth R. Wykle
Federal Highway Administrator

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