In The News

Darling no longer FMCSA 'acting administrator,' but still in charge

By The Trucker News Services
Posted Mar 25th 2015 10:08AM

WASHINGTON — Scott Darling is no longer "acting administrator" of the Federal Motor Carrier Safety Administration, but he's still in charge.

The Office of Transportation Secretary Anthony Foxx issued the following statement:

"In regard to his acting title ending, Secretary Foxx has delegated Scott Darling, the chief counsel of FMCSA, the responsibility for performing the duties of the FMCSA administrator. Thus, consistent with the Vacancies Act, he will continue to perform the duties of the administrator but will no longer be referred to as the acting administrator."

The Vacancies Act prescribes requirements for filling, both permanently and temporarily, vacancies that are required to be filled by presidential appointment with Senate confirmation (PAS appointments).

It prescribes a general limit of 210 days for serving in an acting capacity. Federal law also allows an acting administrator to continue to be in charge of an agency beyond the 210 days, but they can no longer carry the title of acting administrator.

Darling's title with the agency was general counsel before his appointment as acting administrator, a role he assumed Aug. 22, 2014, following the resignation of then-Administrator Anne Ferro.

President Barack Obama will eventually announce who he's appointing as the next administrator, but there is no indication when that announcement might come.

Ferro's appointment was announced by the White House June 4, 2009, and her nomination went to the Senate in mid-July, but she was not confirmed until Nov. 13, 2009.

Both Bill Bronrott, who was deputy administrator when Ferro resigned, and Rose McMurray, the agency's chief safety officer at the time, served as acting administrators between Jan. 20, 2009, when the Obama administration took office, and Nov. 13 when Ferro was confirmed.

Neither is still with the agency.

Four other DOT agencies currently have acting administrators — Gregory G. Nadeau at the Federal Highway Administration, Sarah Feinberg at the Federal Railroad Administration, Therese McMillan at the Federal Transit Administration and Timothy P. Butters at the Pipeline and Hazardous Materials Safety Administration.

The Trucker staff can be reached to comment on this article at [email protected].

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