40 Cfr 1.73

[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR1.73]

[Page 45-47]

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. 1.73 Delegation to the Administrator of the Federal Motor Carrier

Safety Administration.

The Administrator of the Federal Motor Carrier Safety Admnistration

is delegated authority to:

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

Secretary by 49 U.S.C., Subtitle IV, part B:

(1) Chapter 131, relating to general provisions on transportation

policy;

(2) Chapter 133, relating to administrative provisions;

(3) Chapter 135, relating to jurisdiction;

(4) Chapter 137, sections 13702(a), 13702(c)(1), 13702(c)(2),

13702(c)(3), 13704, 13707, and 13708, relating to rates, routes, and

services;

(5) Chapter 139, relating to registration and financial

responsibility requirements;

(6) Chapter 141, subchapter I and sections 14121 and 14122 of

subchapter II, relating to operations of motor carriers;

(7) Chapter 145, sections 14501, 14502, and 14504, relating to

Federal-State relations;

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(8) Chapter 147, sections 14701 through 14708, relating to

enforcement remedies, investigations, and motor carrier liability; and

(9) Chapter 149, sections 14901 through 14913, relating to civil and

criminal penalties for violations of 49 U.S.C., Subtitle IV, part B.

(b) 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, Public Law 104-88, 109 Stat. 803, relating to miscellaneous motor

carrier provisions, railroad-highway grade crossing regulation and

fatigue-related issues pertaining to commercial motor vehicle safety.

(c) Carry out the functions vested in the Secretary 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.

(d)(1) Except as delegated by Sec. 1.74, carry out the functions

vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123,

and 5124 relating to investigations, records, inspections, penalties,

and specific relief with particular emphasis on 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 U.S.C.

5112 relating to highway routing of hazardous materials; 49 U.S.C. 5109

relating to motor carrier safety permits, except subsection (f); 49

U.S.C. 5113 relating to unsatisfactory safety ratings of motor carriers;

49 U.S.C. 5125(a) and (c)-(f), relating to preemption determinations or

waivers of preemption of hazardous materials highway routing

requirements; 49 U.S.C. 5105(e) relating to inspections of motor

vehicles carrying hazardous material; and 49 U.S.C. 5119 relating to

uniform forms and procedures.

(e) Carry out the functions vested in the Secretary by 49 U.S.C.

chapter 313 relating to commercial motor vehicle operators, including

the requirement of section 31305(a)(5)(C) that States issue a hazardous

materials endorsement to a commercial driver's license only after being

informed pursuant to 49 U.S.C. 5103a that the applicant does not pose a

security risk warranting denial of the license.

(f) Carry out the functions vested in the Secretary by 49 U.S.C.

13906, 31138 and 31139 relating to financial responsibility requirements

for motor carriers, brokers, and freight forwarders.

(g) Carry out the functions vested in the Secretary by subchapters I

and III of chapter 311, title 49, U.S.C., relating to commercial motor

vehicle programs and safety regulation, except that the authority to

promulgate safety standards for commercial motor vehicles and equipment

subsequent to initial manufacture is limited to standards that are not

based upon and similar to a Federal Motor Vehicle Safety Standard

promulgated under chapter 301 of title 49, U.S.C.

(h) Carry out the functions vested in the Secretary by 49 U.S.C.

5708 relating to food transportation inspections; 5710 relating to the

Secretary's powers to administer the sanitary food transportation

regulations; 5711 relating to enforcement of sanitary food

transportation regulations and applicable penalties; 5712 and 5714

relating to Federal-State relations; and 5113 and 31144 relating to

safety fitness of owners and operators.

(i) Carry out the functions vested in the Secretary by 49 U.S.C.

5118 relating to the use of inspectors to promote safety in the highway

transportation of radioactive material; and 49 U.S.C. 31142(f) relating

to application of State regulations to government-leased vehicles and

operators.

(j) Carry out the functions and exercise the authority delegated to

the Secretary in section 2(d)(2) of Executive Order 12777 (3 CFR, 1992

Comp., p. 351), with respect to highway transportation, relating to the

approval of

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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 49 CFR 1.46(m).

(k) Carry out 49 U.S.C. 31503 as it relates to investigation of the

need for regulation of qualifications and maximum hours of service of

employees of motor carriers and motor private carriers.

(l) Carry out 49 U.S.C. 31502 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, except that the authority to promulgate safety

standards for commercial motor vehicles and equipment subsequent to

initial manufacture is limited to standards that are not based upon and

similar to a Federal Motor Vehicle Safety Standard promulgated under

chapter 301 of title 49, U.S.C.

(m) Carry out 49 U.S.C. 503 and 31504 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).

(n) Carry out 49 U.S.C. 502, 504, 506, and 523 to the extent they

relate to motor carriers, motor carriers of migrant workers, and motor

private carriers; 49 U.S.C. 507 to the extent it relates to motor

carriers, motor carries of migrant workers, motor private carriers, or

freight forwarders; and 49 U.S.C. 505, 508, and 521(b)(1), (2), (3),

(4), (5), and (7).

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

Secretary by 23 U.S.C. 502(a)(1)(A).

(p) Carry out the functions vested in the Secretary by 49 U.S.C.

14123, relating to the collection and dissemination of information on

motor carriers.

[64 FR 56270, Oct. 19, 1999, as amended at 64 FR 58357, Oct. 29, 1999;

65 FR 221, Jan. 4, 2000; 65 FR 41015, July 3, 2000; 65 FR 49765, Aug.

15, 2000; 67 FR 11582, Mar. 15, 2002; 68 FR 10989, Mar. 7, 2003; 69 FR

51010, Aug. 17, 2004]