49cfr1.48

TITLE 49--TRANSPORTATION

Subtitle A--Office of the Secretary of Transportation

PART 1_ORGANIZATION AND DELEGATION OF POWERS AND DUTIES--Table of Contents

Subpart C_Delegations

Sec. 1.48 Delegations to Federal Highway Administrator.

The Federal Highway Administrator is delegated authority to:

(a) Investigate and report on the safety compliance records of

applicants seeking operating authority, or approval of transactions

involving transfer of operating authority, from the Interstate Commerce

Commission, and to intervene and present evidence concerning applicants'

fitness in Commission proceedings under 49 U.S.C. 307, so far as it

relates to motor carriers.

(b) Administer the following sections of title 23, U.S.C.:

(1)(i) 101(a); and

(ii) 101(b), (c), (d), and (e), except as they involve mass

transportation projects authorized by sections 103(e)(4), 142(a)(2), or

142(c);

(2) 103, except as it involves the substitution of non-highway

public mass transit projects authorized by section (e)(4);

(3) 104, including the apportionment of funds for Federal-aid

highways once Congress approves estimates submitted by the Secretary;

(4) 105, except as subsections (a) and (g) involve mass

transportation projects authorized by sections 103(e)(4), 142(a)(2), or

142(c);

(5) 106, except subsections (a), (c), and (d) as they involve mass

transportation projects authorized by sections 103(e)(4), 142(a)(2), or

142(c);

(6) 107;

(7) 108, except as it involves mass transportation projects

authorized by sections 103(e)(4), 142(a)(2), or 142(c);

(8) 109, except subsections (a), (g), and (h) as they involve mass

transportation projects authorized by sections 103(e) (4), 142(a)(2), or

142(c);

[[Page 21]]

(9) 110, except as it involves mass transportation projects

authorized by sections 103(e)(4), 142(a)(2), or 142(c);

(10) 111;

(11) 112, 113, 114, except as they involve transportation projects

authorized by sections 103(e)(4), 142(a)(2), or 142(c);

(12) 115;

(13) 116, except subsections (a) and (c) as they involve mass

transportation projects authorized by sections 103(e)(4), 142(a)(2), or

142(c);

(14) 117, except as it involves mass transportation projects

authorized by sections 103(e)(4), 142(a)(2), or 142(c);

(15) 118, 119, 120;

(16) 121 and 122, except as they involve mass transportation

projects authorized by sections 103(e)(4), 142(a)(2), or 142(c);

(17) 123;

(18) 124, except as it involves mass transportation projects

authorized by sections 103(e)(4), 142(a)(2), or 142(c);

(19) 125, 126, and 127;

(20) 128, except as it involves mass transportation projects

authorized by sections 103(e)(4), 142(a)(2), or 142(c);

(21) 129, 130, 131, 132, 134, 135, 136, 137, 138, and 139;

(22) 140, except paragraph (a) of this section, as it involved mass

transportation projects authorized by sections 103(e)(4), 142(a)(2), or

142(c);

(23) 141, with the concurrence of the National Highway Traffic

Safety Administrator as it relates to certification of the enforcement

of speed limits;

(24) 142, except as it involves mass transportation projects

authorized by subsections (a)(2) and (c) and by 103(e)(4);

(25) 143 and 144;

(26) 145, except as it involves mass transportation projects

authorized by sections 103(e)(4), 142(a)(2), or 142(c);

(27) 146 through 152 and 155 through 157, inclusive;

(28) 154 and 158 each with the concurrence of the National Highway

Traffic Safety Administrator;

(29) 201 through 205, 210, 212, 214 through 218, (Chapter 2);

(30) 301, 302, and 303;

(31) 304, 305, 306, except as they involve mass transportation

projects authorized by sections 103(e)(4), 142(a)(2), or 142(c);

(32) 307 through 314 inclusive;

(33) 315 and 317, except as they involve mass transportation

projects authorized by sections 103(e)(4), 142(a)(2), or 142(c);

(34) 318 through 321, inclusive; and

(35) 323 and 324, except as they involve mass transportation

projects authorized by sections 103(e)(4), 142(a)(2), or 142(c).

(c) Administer the following laws relating generally to highways:

(1) Sections 105, 107(c) through (e), 123(a) and (b), 124(c), 126(d)

through (g), 138(c), 140, 142 through 145, 147 through 154, 167, and

171, and title IV, as amended (as it relates to matters within the

primary responsibility of the Federal Highway Administrator), of the

Surface Transportation Assistance Act of 1978, Public Law 95-599, 92

Stat. 2689; and sections 502-504, title V, of the Highway Revenue Act of

1978.

(2) Sections 103, 104, 111(b), 128(b), 131, 135, 136, 141, 147, 149,

154, 158 through 161, 163, 203, 206, 401, and 402 of the Federal-Aid

Highway Act of 1973, as amended (Pub. L. 93-87, 87 Stat. 250; Pub. L.

93-643, 88 Stat. 2281).

(3) The Federal-Aid Highway Act of 1970, as amended (except section

118) (84 Stat. 1713).

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

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

(6) The Federal-Aid Highway Act of 1962, as amended (76 Stat. 1145,

23 U.S.C. 307 note);

(7) The Federal-Aid Highway Act of 1956, as amended (70 Stat. 374);

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

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

(10) The Highway Revenue Act of 1956, as amended (70 Stat. 387, 23

U.S.C. 120 note);

(11) The Highway Beautification Act of 1965, as amended (79 Stat.

1028, 23 U.S.C. 131 et seq., notes);

(12) The Alaska Omnibus Act, as amended (73 Stat. 141, 48 U.S.C. 21

note prec.);

(13) The Joint Resolution of August 28, 1965, as amended (79 Stat.

578, 23 U.S.C. 101 et seq., notes);

[[Page 22]]

(14) Section 502(c) of the General Bridge Act of 1946, as amended

(60 Stat. 847, 33 U.S.C. 525(c));

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

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

(17) Sections 102(b) (except subparagraph (2)) and (c); 105 (b)(1)

and (c); 141; 146; 147; and 152 of the Federal-Aid Highway Act of 1976

(Pub. L. 94-280; 90 Stat. 425).

(18) The Federal-Aid Highway Act of 1982 (Pub. L. 97-327), except

section 6 as it relates to matters within the primary responsibility of

the Urban Mass Transportation Administrator.

(19) The Surface Transportation Assistance Act of 1982, Public Law

97-424, as amended,

(i) Except sections 165 and 531 as they relate to matters within the

primary responsibility of the Federal Transit 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), 110(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)-(i) [Reserved]

(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.

(l) 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) [Reserved]

(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(l)).

(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)-(w) [Reserved]

(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),

[[Page 23]]

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)-(aa) [Reserved]

(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 amounts 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 Sec. 1.44(j) of this part.

(hh)-(jj) [Reserved]

(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.

(ll) Carry out the function of acting as the lead DOT agency in

matters relating to the National Environmental Policy Act pertinent to

the authority vested in the Secretary to establish, operate, and manage

the Nationwide Differential Global Positioning System (NDGPS) by section

346 of Pub. L. 105-66, titled the Department of Transportation and

Related Agencies Appropriations Act, 1998.

(mm) [Reserved]

(nn) Carry out the functions and exercise the authority vested in

the Secretary by sections 1501-1504 of Public Law 105-178, 112 Stat.

241, titled Transportation Infrastructure Finance and Innovation Act of

1998 (TIFIA), to manage the day-to-day activities associated with

implementation of the TIFIA program. The Federal Highway Administrator

may further delegate this authority.

(oo) Exercise the authority vested in the Secretary by subsection

5001(b) of the Transportation Equity Act for the 21st Century (TEA-21),

Public Law 105-178, 112 Stat. 107, 420, titled Applicability of Title

23, United States Code to determine a Federal share of the costs, other

than 80 percent, for a transportation research project or activity

administered by the FHWA that is funded under section 5001 of TEA-21.

This authority may be redelegated.

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

[Amdt. 1-157, 45 FR 83405, Dec. 18, 1980]