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responsibility of the Urban Mass Transportation Administrator; 105(f), 413; 414(b)(1) and (2); 421, 426, and title III; and (ii) Section 414(b)(1), with the concurrence of the National Highway Traffic Safety Administrator. (20) Sections 103(e), 105(a) through (g), 106(a), and (b), 1.10(b), 114(d), 117(f), 120(c) and (d), 123(g) and (i), 133(f), 134, 136, 137, 139 through 145, 146(b), 147(c), 149(a) through (f), (h), (i), (k), 151 through 157, 164, and 208 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Pub. L. 100– 17, 101 Stat. 132). (d) Carry out the functions vested in the Secretary of Transportation by Section 601 of the Pipeline Safety Act of 1992, Public Law 102–508, relating to construction of the Page Avenue Extension Project in MissOuri. (e) Carry out 49 U.S.C. 3103 relating generally to investigation of the need for regulation of sizes, weights, and combinations of motor vehicles and Qualifications and maximum hours of Service of employees of motor Carriers and motor private Carriers. (f) Carry out 49 U.S.C. 3102 relating generally to qualifications and maximum hours of service of employees and Safety of operation and equipment of motor Carriers, motor private Carriers and motor carriers of migrant workers. (g) Carry out 49 U.S.C. 503 and 3104 relating generally to service of process, designation of agents to receive service of process, and identification of interState motor vehicles so far as they pertain to motor private carriers of property and motor Carriers of migrant workers (except motor Contract, Carriers). (h) Carry Out the functions and exerCise the authority vested in the Secretary by 49 U.S.C., Subtitle IV, Part B,: (1) Chapter 131; (2) Chapter 133; (3) Chapter 135; (4) Chapter 137, sections 13702(a), 13702(c)(1), 13702(c)(2), 13702(c)(3), 13704, 13707, and 13708; (5) Chapter 139; (6) Chapter 141, Subchapter I and sections 14121 and 14122 of Subchapter II; (7) Chapter 145, sections 14501, 14502, and 14504;

(8) Chapter 147, sections 14701 through 14708; and (9) Chapter 149, sections 14901 through 14913. (i) Carry out the functions and exerCise the authority vested in the Secretary by Sections 104, 403(a), and 408 of the ICC Termination Act of 1995, Pub. L. 104–88, relating to miscellaneous motor Carrier provisions, railroadhighway grade crossing regulation and fatigue-related issues pertaining to Commercial motor vehicle safety. (j) Carry out the functions of the Secretary under the Appalachian Regional Development Act of 1965 (79 Stat. 5; 40 U.S.C. App.) except section 208. (k) Initiate proceedings as a complainant under 49 U.S.C. 10925 to revoke, suspend or amend the certifiCates, permits or licenses of a motor Carrier. (1) Carry out the Act of September 21, 1966, Public Law 89–599, relating to certain approvals concerned with a compact between the States of Missouri and Kansas. (m) Carry Out the law relating to the Chamizal border highway (80 Stat. 1477). (n) Carry out the Highway Safety Act of 1966, as amended (80 Stat. 731) and chapter 4 of title 23 U.S.C. as amended by section 207 of the Surface Transportation Assistance Act of 1978 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. (o) 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 Federal Highway Administrator pertaining to highway safety and highway conStruction. (p) Carry out the functions vested in the Secretary provided by 42 U.S.C. 4917 relating to procedures for the inSpection, Surveillance and measurement of commercial motor vehicles for Compliance with interstate motor carrier noise emission Standards and related enforcement activities including the promulgation of necessary regulations. (q) Carry out the functions vested in the Secretary by section 5 (as it relates to bridges, other than railroad bridges, not Over navigable waters), and section 8(a) (as it relates to all bridges other than railroad bridges) of the International Bridge Act of 1972 (Pub. L. 92– 434, 86 Stat. 731). (r) Carry out the functions vested in the Secretary by the following sections of the Urban Mass Transportation Act of 1964 as amended (78 Stat. 302, 49 U.S.C. 1601 et seq.): (1) Sections 3(a)(3), 3(e)(1), 5(g)(1), and 8 as they relate to urban planning (49 U.S.C. 1602 (a)(3) and (e)(1), 1603(a), and 1604(g)(1); and 1604(1)). (2) Section 12(c)(11) relating to approval of boundaries of urbanized areas (49 U.S.C. 1608(c)(11)); (3) Section 18 as it relates to the formula grant program for non-urbanized areas in the Commonwealth of Puerto Rico. (s) Exercise the authority vested in the Secretary by Sections 101, 118, 120(b), 123 and 124 of the Federal-Aid Highway Amendments of 1974 (Pub. L. 93–643, January 4, 1975, 88 Stat. 2281). (t) [Reserved] (u)(1) Carry out the functions wested in the Secretary by 49 App. U.S.C. 1808 (a), (b), and (c), 1809, and 1810 relating to investigations, records, inspections, penalties, and specific relief So far as they apply to the transportation Or shipment of hazardous materials by highway, including the manufacture, fabrication, marking, maintenance, reconditioning, repair or test of containers which are represented, marked, certified, or sold for use in the bulk transportation of hazardous materials by highway. (2) Carry out the functions vested in the Secretary by 49 App. U.S.C. 1804 (b) and (c); 1805(d), except paragraph (3) (49 App. U.S.C. 1805(d)(3)); 1811 relating to highway routing, except for pending applications for inconsistency rulings and nonpreemption determinations; 1813(d); and 1819. (v) Carry out the functions vested in the Secretary by the Commercial Motor Vehicle Safety Act of 1986, title XII of Public Law 99–570, 100 Stat. 3207– 170. (w) Carry out the functions vested in the Secretary by section 30 of the

Motor Carrier Act of 1980 (Pub. L. 96– 296, 94 Stat. 820), as amended by Section 108(b)(5) of Public Law 96–510, 94 Stat. 2767; section 406 of Public Law 97–424, 96 Stat. 2158; and Section 222 of Public Law 98–554, 98 Stat. 2846 (49 U.S.C. 10927 note). (x) Carry out the functions vested in the Secretary by sections 4(a) and (5)(c) of Executive Order 12316 of August 14, 1981 (46 FR 42237, August 20, 1981) (delegating sections 107(c)(1)(C) and 108(b), respectively, of the Comprehensive EnVironmental Response, Compensation, and Liability Act of 1980, Public Law 96–510, 94 Stat. 2781), insofar as they relate to motor Carriers. (y) Carry out the functions vested in the Secretary by section 118 of the National Visitor Center Facilities Act of 1968 (Pub. L. 90–264, 82 Stat. 43), as added by the Union Station Redevelopment Act of 1981 (Pub. L. 97–125; 95 Stat. 1672), with respect to the completion of the parking facility and associated ramps at Union Station in Washington, DC (40 U.S.C. 818). (z) Carry out the functions vested in the Secretary by Sections 18 and 25(c) of the Bus Regulatory Reform Act of 1982 (Pub. L. 97–261, 96 Stat. 1102), as amended by section 224 of Public Law 98–554, 98 Stat. 2847 (49 U.S.C. 10927 note). (aa) Carry out the functions vested in the Secretary by the Tandem Truck and Motor Carrier Safety Acts of 1984 (Pub. L. 98–554), except section 209. (bb) Carry out the functions vested in the Secretary by Public Law 98–229, 98 Stat. 55, insofar as it relates to apportioning certain funds for construction Of the Interstate Highway System in Fiscal Year 1985, apportioning certain funds for Interstate Substitute highway projects, and increasing announts available for emergency highway relief. (CC) Prescribe regulations, as necessary, at parts 24 and 25 of this title, to implement Public Law 91–646, 84 Stat. 1894, and any amendments thereto, as appropriate, in coordination with the Assistant Secretary for Transportation Policy, and carry out all other functions vested in the Secretary by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91–646, 84 Stat. 1894, and any amendments thereto.

(dd)–(ee) [Reserved] (ff) Carry out the functions vested in the Secretary of Transportation by Section 114 of the “Act, Making Continuing Appropriations for Fiscal Year 1987 and for Other Purposes,” Public Law 99–591, October 30, 1986, relating to construction of Interstate Highway H-3 in Hawaii. (gg) Carry out all of the functions vested in the Secretary under Section 324 of the Fiscal Year 1986 Department of Transportation Appropriations Act (Pub. L. 99–190, 99 Stat. 1288), notwithstanding the reservation of authority under $1.44(j) of this part. (hh) Carry out the functions vested in the Secretary by sections 9, 10, 11, 12, 13, 15(b), 15(c), 15(d), and 15(e) of the Sanitary Food Transportation Act of 1990 (Pub. L. 101–500; 104 Stat. 1213), with respect to transportation by highWay. (ii) Carry out the functions vested in the Secretary by sections 16, 23, 24, and 27 of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Pub. L. 101–615; 104 Stat. 3244 (49 App. U.S.C. 1813 note; 49 U.S.C. 10927 note; 49 App. U.S.C. 2509). (jj) Carry out the functions and exercise the authority delegated to the Secretary in Section 2(d)(2) Of Executive Order 12777 (3 CFR, 1991 Comp.; 56 FR 54757), with respect to highway transportation, relating to the approval of means to ensure the availability of private personnel and equipment to remove, to the maximum extent practicable, a worst case discharge, the review and approval of response plans, and the authorization of motor carriers, subject to the Federal Water Pollution Control Act (33 U.S.C. 1321), to operate without approved response plans, except as delegated in $1.46(m). (kk) Carry out the functions vested in the Secretary of Transportation by Section 505 of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended, relating to the Alameda Corridor Project, in Consultation with the Federal Railroad Administrator.

(49 U.S.C. 322, 49 CFR 1.57(1))

[Amdt. 1–157, 45 F.R. 83405, Dec. 18, 1980]

EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting $1.48, see the List of CFR

Sections Affected in the Finding Aids Section of this volume.

§ 1.49 Delegations to Federal Railroad Administrator.

The Federal Railroad Administrator is delegated authority to: (a) Investigate and report on safety compliance records of applicants seeking railroad operating authority from the Interstate Commerce Commission, and to intervene and present evidence Concerning applicants’ fitness in Commission proceedings under 49 U.S.C. 1653(e), relating to railroads. (b) Carry out the Act of September 30, 1965, as amended (79 Stat. 893, 49 U.S.C. 1631 et seq.), relating generally to high Speed ground transportation, except issuance of reports required by section 13(c) (49 U.S.C. 1643(c)). (C) Carry out the following laws relating generally to Safety appliances and equipment. On railroad engines and cars, and protection of employees and travelers: (1) The Act of amended (27 Stat. Seq.); (2) The Act of annended (32 Stat. Seq.); (3) The Act of April 14, 1910, as annended (36 Stat. 298, 45 U.S.C. 11 et Seq.); (4) The Act of May 30, 1908, as amended (35 Stat. 476, 45 U.S.C. 17 et seq.); (5) The Act of February 17, 1911, as amended (36 Stat. 913, 45 U.S.C. 22 et Seq.); (6) The Act of March 4, 1915, as amended (38 Stat. 1192, 45 U.S.C. 30); (7) Reorganization Plan No. 3 of 1965 (79 Stat. 1320, 45 U.S.C. 22 note); (8) Joint Resolution of June 30, 1906, as amended (34 Stat. 838, 45 U.S.C. 35); (9) The Act of May 27, 1908, as amended (35 Stat. 325, 45 U.S.C. 36 et seq.); (10) The Act of March 4, 1909, as amended (35 Stat. 965, 45 U.S.C. 37); and (11) The Act of May 6, 1910, as amended (36 Stat. 350, 45 U.S.C. 38 et seq.). (d) Carry out the Act of March 4, 1907, as amended (34 Stat. 1415, 45 U.S.C. 61 et seq.), relating generally to hours of service of railroad employees. (e) Carry out the functions vested in the Secretary by Section 5 of the International Bridge Act of 1972 (Pub. L. 92–

March 2, 1893, as 531, 45 U.S.C. 1 et

March 2, 1903, as 943, 45 U.S.C. 8 et 434) as it relates to railroad bridges not over navigable waterways. (f) Carry out section 25 of the Interstate Commerce Act, as amended (49 U.S.C. 26), relating generally to railroad safety appliances, methods, and SystemS. (g) Exercise the administrative powers under the Interstate Commerce Act with respect to powers and duties pertaining to railroad safety transferred to the Secretary (49 U.S.C. 1655(f)). (h) Operate and administer the Alaska Railroad under the Act of March 12, 1914, as amended (38 Stat. 305), and Executive Order 11107 (28 FR 4225 (1963)). (i) Make individual and general changes in freight rates and passenger fares for the Alaska Railroad, without power to redelegate authority for general changes in freight rates and pasSenger fares. (j) Promote and undertake research and development relating to rail matters generally (49 U.S.C. 1653(a), 1657(e)(1), 1657(n)(1), and 1657(q)(1)). (k) Carry Out, the functions vested in the Secretary by subtitle B of the National Visitor Center Facilities Act of 1968, as added by the Union Station Redevelopment Act of 1981 (Pub. L. 97–125; 95 Stat. 1667) except section 114(e) and such parts of section 118 as provided for the completion of the parking facility and associated ramps at Union Station in Washington, DC. (1) Exercise the authority vested in the Secretary by the Emergency Rail Services Act of 1970 (Pub. L. 91-663) except the authority to make findings required by Section 3(a) of that Act and the authority to sign guarantees of Certificates issued by trustees. (m) Carry out the functions vested in the Secretary by the Federal Railroad Safety Act of 1970 (title II of Pub. L. 91–458); 84 Stat. 971, 45 U.S.C. 421 et. seq.), except section 204(b) (84 Stat. 972, 45 U.S.C. 433(b)) with respect to highway, traffic, and motor vehicle Safety and highway Construction. (n) Carry out the functions vested in the Secretary by the Emergency Rail Facilities Restoration Act of 1972 (Pub. L. 92–591). (o) Carry out the functions vested in the Secretary by Subsection (b) (except as it relates to conducting Consultations with the Administrator of the

Environmental Protection Agency) and (c) of Section 17 of the Noise Control Act of 1972 (Pub. L. 92–574). (p) Carry out the functions vested in the Secretary by Sections 2010)(3); 202(b)(7); 203, except authority to issue subpoenas; 210; 212; 213; 215; 402; 403; and 601 of the Regional Rail Reorganization Act of 1973 (Pub. L. 93–236) as amended by the Rail Transportation Improve— ment Act (Pub. L. 94–555). (q) Carry out the functions vested in the Secretary by subsections 4 (h) and (i) of the Department of Transportation Act, as annended (49 U.S.C. 1653(h), (i)). (r) [Reserved] (S)(1) Carry Out, the functions vested in the Secretary by 49 App. U.S.C. 1808 (a), (b), and (c), 1809, and 1810 relating to investigations, records, inspections, penalties, and Specific relief so far as they apply to the transportation or shipment of hazardous materials by railroad, including the manufacture, fabrication, marking, maintenance, reConditioning, repair or test of containers which are represented, marked, cer– tified, or sold for use in the bulk transportation of hazardous materials by railroad. (2) Carry out the functions vested in the Secretary by 49 App. U.S.C. 1813 (a) and (b); and 1817. (t) Carry out the functions vested in the Secretary by sections 204(c); except authority to issue Subpoenas; 402; 403; 502; 503; 504; 505; 506, except (c); 507; 508; 511; 512; 513; 515; 517; 606; 610; 703; 704, except (c)(1); and 705; 707; 901; 905, as applicable, of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended, Section 5 of the Department of Transportation Act (49 U.S.C. 1654), except authority to issue Subpoenas. (u) Carry out functions vested in the Secretary by Sections 17(a) and (b) (as they relate to Consultations with the Administrator of the Environmental Protection Agency) of the Noise Control Act of 1972 (Pub. L. 92–574, 49 U.S.C. 1431). (v) Carry out the functions vested in the Secretary by the Rock Island Railroad Transition and Employee Assistance Act (title I of Pub. L. 96–254) and by Section 18 of the Milwaukee Railroad Restructuring Act (49 U.S.C. 916).

(w) Carry out the functions vested in the Secretary by section 305 of the Regional Rail Reorganization Act of 1973, as amended (45 U.S.C. 745). (x) Carry out the functions vested in the Secretary by sections 4(a) and 5(c) of Executive Order 12316 of August 14, 1981 (46 FR 42237, Aug. 20, 1981) (delegating sections 107(c)(1)(c) and 108(b), respectively, of the Comprehensive Environmental Response, Compensation, and Liability Act of 1981, Pub. L. 96– 510), insofar as they relate to rolling stock. (y) Carry out the functions vested in the Secretary by the Northeast Rail Service Act of 1981 (Pub. L. 97–35). (z) Carry out the functions vested in the Secretary by section 3 of the Bridge Act of 1906, as amended (33 U.S.C. 493), relating to disputes Over the terms and compensation for use of railroad bridges built under the Act. (a.a.) Carry out the functions vested in the Secretary by titles II through VII of the Rail Safety and Service Improvement Act of 1982 (Pub. L. 97–468), which relates to rail safety, rail finances, and the transfer of The Alaska. Railroad to the State of Alaska. (bb) Carry Out, the functions vested in the Secretary by section 4031 of the Budget Reconciliation Act of 1986 (Pub. L. 99–509), which relates to the abolition of the United States Railway ASsociation, and the execution of the functions and duties of the Association transferred to the Secretary, effective April 1, 1987. (CC) Carry Out the functions vested in the Secretary by Section 18 (g) and (h) of the Rail Safety Improvement Act of 1988 (Pub. L. 100–342). (dd) Carry out the function vested in the Secretary by section 1163 of the Bankruptcy Code (11 U.S.C. 1163), which relates to the nomination of trustee for rail carriers in reorganization, with the concurrence of the Office Of the General Counsel. (ee) Carry Out, the functions vested in the Secretary by Sections 9, 10, 11, 12, and 13 of the Sanitary Food Transportation Act of 1990 (Pub. L. 101–500; 104 Stat. 1213), with respect to transportation by railroad. (ff) Exercise the authority vested in the Secretary by the Crime Control Act of 1990 (Pub. L. 101–647) as it relates

to a railroad police officer's authority to enforce the laws of any jurisdiction in which the police officer’s rail carrier employer owns property. (gg) Carry out the functions vested in the Secretary by sections 16 and 21 of the Hazardous Materials Transportation Uniform Safety Act of 1990 (Pub. L. 101–615; 104 Stat. 3244 (49 App. U.S.C. 1813 note and 1817 note)). (hh) Exercise the authority vested in the Secretary by Section 601 (d) and (e) of the National and Community Service Act of 1990 (45 U.S.C. 546 note) as it relates to the discharge of human waste from railroad passenger cars. (ii) Carry out the functions and exercise the authority delegated to the Secretary in Section 2(d)(2) of Executive Order 12777 (3 CFR, 1991 Comp.; 56 FR 54757), with respect to rail transportation, relating to the approval of means to ensure the availability of private personnel and equipment to remove, to the maximum extent practicable, a worst Case discharge, the review and approval of response plans, and the authorization of railroads, subject to the Federal Water Pollution Control Act (33 U.S.C. 1321), to operate without approved response plans, except as delegated in $1.46(m). (jj) Exercise the authority vested in the Secretary by the Swift Rail Development Act of 1994, being Title I— High-Speed Rail of Public Law 103–440 (108 Stat. 4615), as it relates to the provision of financial assistance for highspeed rail corridor planning and technology improvements, the promulgation of necessary Safety regulations, and the redemption of Outstanding obligations and liabilities with respect to the Columbus and Greenville Railway under Sections 505 and 511 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825 and 831, respectively).

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]

EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting $1.49, see the List of CFR Sections Affected in the Finding Aids Section of this volume.

§ 1.50 Delegation to the National Highway Traffic Safety Administrator. The National Highway Traffic Safety Administrator is delegated authority to:

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