49 Cfr1.48

§ 1.48

49 CFR Subtitle A (10–1–03 Edition)

(1) Section 553(b) of Public Law 99–83
(99 Stat. 226), which relates to the authority of Federal Air Marshals to
carry firearms and make arrests, in coordination with the General Counsel;
and
(2) The following subsections of section 1115 of the Federal Aviation Act of
1958, as amended, which relates to the
security of foreign airports: Subsection
1115(a), in coordination with the General Counsel and the Assistant Secretary for Aviation and International
Affairs; subsection 1115(b), in coordination with the Assistant Secretary for
Aviation and International Affairs; and
subsection 1115(e)(2)(A)(ii), in coordination with the General Counsel and the
Assistant Secretary for Aviation and
International Affairs.
(q) Carry out all of the functions
vested in the Secretary under section
404(d) of the Federal Aviation Act of
1958 (49 U.S.C. 1374(d)), as amended by
section 328(a) of the Department of
Transportation and Related Agencies
Appropriations Act of 1988 (Pub. L. 100–
202).
(r) Carry out the functions vested in
the Secretary by the Airport Safety
and Capacity Expansion Act of 1990,
title IX, subtitle B of the Omnibus
Budget Reconciliation Act of 1990, Public Law 101–508 (except those functions
vested in the Secretary by sections
9113, 9125, 9127 and 9130).
(s) Carry out functions vested in the
Secretary by Airport Noise and Capacity Act of 1990, title IX, subtitle D of
the Omnibus Budget Reconciliation
Act of 1990, Public Law 101–508.
(t) Carry out the functions vested in
the Secretary by sections 321 and 410 of
the Federal Aviation Act, as amended
by the Aviation Security Improvement
Act of 1990, Public Law 101–604, November 16, 1990.
(u) Carry out the functions assigned
to the Secretary by Executive Order
12465 (February 24, 1984) (3 CFR, 1984
Comp., p. 163) relating to commercial
expendable launch vehicle activities.
(v) Carry out the functions vested in
the Secretary by 49 U.S.C. Subtitle IX.
(w) Carry out the functions vested in
the Secretary by the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (Pub.

L. 102–588, 106 Stat 5119, November 4,
1992).
(Secs. 3(e), 6(c), and 9(e), Department of
Transportation Act (49 U.S.C. 1652(e), 1655(c),
and 1657(e)); 49 U.S.C. 322; 49 CFR 1.57(l))
[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 1.47, see the List of CFR
Sections Affected which appears in the Finding Aids section of the printed volume and
on GPO Access.

§ 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);

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Office of the Secretary of Transportation

§ 1.48
thorized 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);

(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 au-

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§ 1.48

49 CFR Subtitle A (10–1–03 Edition)

(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),

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Office of the Secretary of Transportation

§ 1.49

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 § 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 Ala-

meda 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]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 1.48, see the List of CFR
Sections Affected which appears in the Finding Aids section of the printed volume and
on GPO Access.

§ 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.

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