Code of Federal Regulations: Containing a Codification of Documents of ...

(28) 145, except as it involves mass transportation projects authorized by sections 103(e)(4), 142(a)(2), or 142(c); (29) 147, 148, and 149;

(30) 150, with the concurrence of the Urban Mass Transportation Administrator;

(31) 151, 152, and 153;

(32) 154, subsections (a), (b), and (d) with the concurrence of the National Highway Traffic Safety Administrator;

(37) 307 through 314, inclusive;

(38) 315 and 317, except as they involve mass transportation projects authorized by sections 103(e)(4), 142(a) (2), or 142(c);

(39) 318 through 322, inclusive; and (40) 323 and 324, except as they involve mass transportation projects authorized by sections 103(e)(4), 142(a) (2), or 142(c).

(1) Sections 103, 104, 111(b), 128(b), 131, 133(b), 135, 136, 141, 147 (with the concurrence of the Urban Mass Transportation Administrator), 149, 154, 158, 159, 160, 161, 163, 203, 206, 401, and 402 of the Federal-Aid Highway Act of 1973, as amended (Pub. L. 9387, 87 Stat. 250; Pub. L. 93-643, 88 Stat. 2281);

(2) The Federal-Aid Highway Act of 1970, as amended (except section 118) (84 Stat. 1713);

(3) The Federal-Aid Highway Act of 1968, as amended (82 Stat. 815);

(4) The Federal-Aid Highway Act of 1966, as amended (80 Stat. 766);

(5) The Federal-Aid Highway Act of 1962, as amended (76 Stat. 1145, 23 U.S.C. 307 note);

(6) The Federal-Aid Highway Act of 1954, as amended (68 Stat. 70);

(7) The Act of September 26, 1961, as amended (75 Stat. 670);

(8) The Highway Revenue Act of 1956, as amended (70 Stat. 387, 23 U.S.C. 120 note);

(9) The Highway Beautification Act of 1965, as amended (79 Stat. 1028, 23 U.S.C. 131 et seq., notes);

(10) The Alaska Omnibus Act, as amended (73 Stat. 141, 48 U.S.C. 21, note prec.);

(11) The Joint Resolution of August 28, 1965, as amended (79 Stat. 578, 23 U.S.C. 101 et seq., notes);

(12) Section 502(c) of the General Bridge Act of 1946, as amended (60 Stat. 847, 33 U.S.C. 525(c));

(13) The Act of April 27, 1962 (76 Stat. 59);

(14) Reorganization Plan No. 7 of 1949 (63 Stat. 1070); and

(15) Section 3 of the Emergency Highway Energy Conservation Act, as amended (Pub. L. 93-239, 87 Stat. 1046).

(16) Sections 102(b) (except subparagraph (2)) and (c); 105(b)(1) and (c); 141; 146; 147; and 152 of the FederalAid Highway Act of 1976 (Pub. L. 94280; 90 Stat. 425).

(d) [reserved]

(e) Carry out section 226 of the Interstate Commerce Act, as amended (49 U.S.C. 325), relating generally to investigation of motor vehicle sizes, weights, and services of employees.

(f) Carry out sections 204(a) (1), (2), (3), (3a), and (5) of the Interstate Commerce Act, as amended (49 U.S.C. 304), relating generally to qualifications and maximum hours of service of employees and safety of operation and equipment of motor carriers.

(g) Carry out sections 221(a), 221(c), and 224 of the Interstate Commerce Act, as amended (49 U.S.C. et seq.), 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 private carriers of property by motor vehicle and carriers of migrant workers by motor vehicle other than contract carriers.

(h) Exercise the administrative powers under the Interstate Commerce Act with respect to powers and duties pertaining to motor carrier safety transferred to the Secretary from the Interstate Commerce Commission (49 U.S.C. 1655(f)(2)(B)(ii)).

(i) Administer the following laws relating generally to the reasonableness of tolls:

(1) Section 4 of the Act of March 23, 1906, as amended (34 Stat. 85, 33 U.S.C. 494);

(2) Section 503 of the General Bridge Act of 1946, as amended (60 Stat. 847, 33 U.S.C. 526);

(3) Section 17 of the Act of June 10, 1930, as amended (46 Stat. 552, 33 U.S.C. 498a);

(4) The Act of June 27, 1930, as amended (46 Stat. 821, 33 U.S.C. 498b); and

(5) The Act of August 21, 1935, as amended (49 Stat. 670, 33 U.S.C. 503 et seq.).

(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) Carry out section 212(a) of the Interstate Commerce Act, as amended (49 Stat. 555, 49 U.S.C. 312(a)), relating generally to the suspension, change, or revocation of motor carrier certificates, permits, or licenses.

(1) Carry out the Act of September 21, 1966, Pub. L. 89-599, relating generally 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, United States Code, 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.

(0) 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 re

spect 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 by subsections (b) (except as it relates to conducting consultations with the Administrator of the Environmental Protection Agency) and (c) of section 18 of the Noise Control Act of 1972 (Pub. L. 92-574).

(q) Carry out the functions vested in the Secretary by section 5 (as it relates to Bridges, other than railroad bridges, not over navigable waterways), and sections 6 and 8(a) (as they relate to all bridges other than railroad bridges) of the International Bridge Act of 1972 (Pub. L. 92-434).

(r) Carry out the functions vested in the Secretary by Title III of the National Mass Transportation Assistance Act of 1974 (Pub. L. 93-503).

(s) Carry out the functions vested in the Secretary by the following sections of the Urban Mass Transportation Act of 1964, as amended, with the concurrence of the Urban Mass Transportation Administrator:

(1) Sections 3(a)(2) and (e)(1), 4(a), and 5(g)(1) and (1) as they relate to urban planning (49 U.S.C. 1602(a)(2) and (e)(1), 1603(a), and 1604(g)(1) and (1)); and

(2) Section 5(a)(3) relating to approval of boundaries of urbanized areas (49 U.S.C. 1604(a)(3)).

(t) Exercise the authority vested in the Secretary by sections 101, 118, 119, 120(b), 123, and 124 of the Federal-Aid Highway Amendment of 1974 (Pub. L. 93-643, January 4, 1975; 88 Stat. 2281).

(u) Carry out the functions vested in the Secretary by 49 U.S.C. 1804(b) relating to consultation and cooperation with the Interstate Commerce Commission concerning regulations governing the routing of hazardous materials by highway.

(v) Carry out the functions vested in the Secretary by 49 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.

(w) Carry out the functions vested in the Secretary by section 30 of the Motor Carrier Act of 1980 (Pub. L. 96296), relating to the establishment of minimum levels of financial responsibility for motor carriers.

[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-119, 41 FR 41703 Sept. 23, 1976; Amdt. 1-153, 45 FR 14576, Mar. 6, 1980; Amdt. 1-156, 45 FR 57674, Aug. 28, 1980]

§ 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 March 2, 1893, as amended (27 Stat. 531, 45 U.S.C. 1 et seq.);

(2) The Act of March 2, 1903, as amended (32 Stat. 943, 45 U.S.C. 8 et seq.);

(3) The Act of April 14, 1910, as amended (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. 92-434) as it relates to railroad bridges not over navigable waterways.

(f) [reserved]

(g) 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.

(h) 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)).

(i) Operate and administer the Alaska Railroad under the Act of March 12, 1914, as amended (38 Stat. 305), and Executive Order No. 11107 (28 FR 4225 (1963)).

(j) Make individual and general changes in freight rates and passenger fares for the Alaska Railroad, without power to redelegate except with respect to individual rates and joint rates published or established with Alaska Railroad concurrence by tariff authorities other than the Alaska Railroad (49 U.S.C. 1655(i)).

(k) 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)).

(1) Carry out the functions vested in the Secretary by the Rail Passenger Service Act, as amended, except that the Administrator shall serve as the alternate representative of the Secretary on the Board of Directors of the National Railroad Passenger Corpora

Ition only when so designated by the Secretary or Deputy Secretary.

(m) Exercise the authority vested in the Secretary by the Emergency Rail Services Act of 1970 (Pub. L. 91-663).

(n) 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.

(0) Carry out the functions vested in the Secretary by the Emergency Rail Facilities Restoration Act of 1972 (Pub. L. 92-591).

(q) Carry out the functions vested in the Secretary by sections 201(i)(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 Improvement Act (Pub. L. 94555).

(r) Carry out the functions vested in the Secretary by subsections 4 (h) and (i) of the Department of Transportation Act, as amended (49 U.S.C. 1653(h), (i)).

(s) Carry out the functions vested in the Secretary by 49 U.S.C. 1804(b) relating to consultation and cooperation with the Interstate Commerce Commission concerning regulations governing the routing of hazardous materials by railroad.

(t) Carry out the functions vested in the Secretary by 49 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, certified or sold for use in the bulk transportation of hazardous materials by railroad.

(u) Carry out the functions vested in the Secretary by sections 204(c); 401 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); 706; 803; 805; 810; 901; 905, as applicable; and 906 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94-210), as amended.

[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-126, 41 FR 56327, Dec. 28, 1976; Amdt. 1-13, 43 FR 14021, Apr. 4, 1978; Amdt. 1-153, 45 FR 14576, Mar. 6, 1980]

§ 1.50 Delegations to National Highway Traffic Safety Administrator.

The National Highway Traffic Safety Administrator is delegated authority to

(a) Carry out the National Traffic and Motor Vehicle Safety Act of 1966, as amended (80 Stat. 718; 15 U.S.C. 1381 et seq.).

(b) Carry out the Highway Safety Act of 1966, as amended (80 Stat. 731) and Chapter 4 of title 23, United States Code, except 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.

(c) Exercise the authority vested in the Secretary by section 210(2) of the Clean Air Act, as amended by section 10(b) of Pub. L. 91-604 (84 Stat. 1700).

(d) 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 National Highway Traffic Safety Administrator pertaining to highway, traffic, and motor vehicle safety.

(e) Carry out the Act of July 14, 1960, as amended (74 Stat. 526; 23 U.S.C. 313 note).

(f) Carry out the functions vested in the Secretary by the Motor Vehicle Information and Cost Savings Act of 1972, as amended (49 U.S.C. 1902 et seq.) except section 512.

(g) Carry out the functions vested in the Secretary by section 211(c) of the

Highway Safety Act of 1973, Pub. L. 93-87, Title II (83 Stat. 282).

(h) Carry out the functions vested in the Secretary by section 108 of the Motor Vehicle and Schoolbus Safety Amendments of 1974 (Pub. L. 93-492, October 27, 1974; 88 Stat. 1482).

(i) Administer the following sections of title 23, United States Code, with the concurrence of the Federal Highway Administrator:

(1) 141, as it relates to certification of the enforcement of speed limits; and

(2) 154 (a), (b), and (d).

(j) Carry out the functions vested in the Secretary by section 1(a) of Executive Order 11912.

[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-117, 41 FR 25015, June 22, 1976; Amdt. 1-118, 41 FR 35849, Aug. 15, 1976]

§ 1.51 Delegations to the Urban Mass Transportation Administrator.

The Urban Mass Transportation Administrator is delegated authority to exercise the functions vested in the Secretary by

(a) The Urban Mass Transportation Act of 1964, as amended (78 Stat. 302, 49 U.S.C. 1601 et seq.), except that the following sections are to be administered with the concurrence of the Federal Highway Administrator:

(1) Sections 3 (a)(2) and (e)(1), 4(a), and 5 (g)(1) and (1) as they relate to urban planning (49 U.S.C. 1602 (a)(2) and (e)(1), 1603(a), and 1604(g)(1) and (1)); and

(2) Section 5(a)(3) relating to approval of boundaries of urbanized areas (49 U.S.C. 1604(a)(3)).

(b) Section 1 of Reorganization Plan No. 2 of 1968 (82 Stat. 1369).

(d) Sections 3 and 9 through 12 of the National Capital Transportation Act of 1969, as amended (Pub. L. 91143; 83 Stat. 320).

(e) The National Capital Area Transit Act of 1972 (Pub. L. 92-517).

(f) The following sections of title 23, United States Code:

(1) 103 as it involves mass transportation projects authorized by subsection (e)(4).

(2) 101(a) (as it involves approval of boundaries of urban and urbanized areas), 104(f)(4), 105(d), 106(b) (as it involves the Federal-aid urban system), 134(a) and 150 with the concurrence of the Federal Highway Administrator.

(3) 101 (b), (c), (d), and (e); 105 (a) and (g); 106 (a), (c), and (d); 108; 109 (a), (g), and (h); 110; 112; 113; 114; 116 (a) and (c); 117; 121; 122; 124; 128; 140 (a); and 145 as they invovle mass transportation projects authorized by sections 103(e)(4), 142(a)(2) or 142(c).

(4) 142 as it involves mass transportation projects.

(g) Sections 140, 146, 147 (with the concurrence of the Federal Highway Administrator), 164 and 165 of the Federal-Aid Highway Act of 1973, as amended (Pub. L. 93-87, Title I, 87 Stat. 250; Pub. L. 93-643, 88 Stat. 2281).

(h) Section 813 of the Housing and Community Development Act of 1974 (Pub. L. 93-383).

(i) Section 107 of the National Mass Transportation Assistance Act of 1974 (Pub. L. 93-503, November 26, 1974).

(j) Title II of the National Mass Transportation Assistance Act of 1974 (Pub. L. 93-503, November 26, 1974), except sections 204 and 205.

(k) sections 804, insofar as it relates to 45 U.S.C. 744(e)(5); and 905, as applicable, of the Railroad Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94-210).

(1) Section 148 of the Federal-Aid Highway Act of 1976 (Pub. L. 94-280; 90 Stat. 425).

[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-116, 41 FR 20680, May 20, 1976; Amdt. 1-119, 41 FR 41703, Sept. 23, 1976]

§ 1.52 Delegation to Administrator of the St. Lawrence Seaway Development Corporation.

The Administrator of the Saint Lawrence Seaway Corporation is delegated authority to

(a) Carry out the functions vested in the Secretary by sections 4, 5, 6, 7, 8, 12 and 13 of Sec. 2 of the Port and Tanker Safety Act of 1978 (92 Stat. 1471) as they relate to the operation of the St. Lawrence Seaway.

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