49 CFR 1.86, The FMCSA(b)

§ 1.86

49 CFR Subtitle A (10–1–13 Edition)
tigations and motor carrier liability;
and
(8) Sections 14901 through 14913 and
14915 of chapter 149 relating to civil and
criminal penalties for violations of 49
U.S.C. subtitle IV, part B.
(b) Carry out the functions vested in
the Secretary by sections 104 and 204 of
the ICC Termination Act of 1995, Public
Law 104–88, 109 Stat. 803, relating to
self-insurance rules and a savings
clause.
(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) Carry out the following functions
and exercise the authority vested in
the Secretary by chapter 51 of title 49,
U.S.C.:
(1) Except as delegated to the Under
Secretary of Transportation for Policy
by § 1.25, carry out the functions vested
in the Secretary by 49 U.S.C. 5121(a),
(b), (c), and (d), 5122, 5123, and 5124, relating to the transportation or shipment of hazardous materials by highway.
(2) Carry out the functions vested in
the Secretary by 49 U.S.C. 5105(e), relating to inspections of motor vehicles
carrying hazardous material; 49 U.S.C.
5109, relating to motor carrier safety
permits, except subsection (f); 49 U.S.C.
5112, relating to highway routing of
hazardous materials; 49 U.S.C. 5113, relating to unsatisfactory safety ratings
of motor carriers; 49 U.S.C. 5119, relating to uniform forms and procedures;
and 49 U.S.C. 5125(a) and (c)–(f), relating to preemption determinations or
waivers of preemption of hazardous
materials highway routing requirements.
(e) Carry out the functions vested in
the Secretary by:
(1) Chapter 313 of 49, U.S.C., relating
to commercial motor vehicle operators; and
(2) Section 4123(c), (d) and (e) of
SAFETEA–LU relating to grants, funding, and contract authority and availability, respectively, for commercial

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§ 1.86 The Federal Motor Carrier Safety Administration.
Is responsible for:
(a) Managing program and regulatory
activities,
including
administering
laws and promulgating and enforcing
regulations on safety matters relating
to motor carrier safety;
(b) Carrying out motor carrier registration and authority to regulate
household goods transportation;
(c) Developing strategies for improving commercial motor vehicle, operator, and carrier safety and administering grants to implement these
strategies;
(d) Inspecting records and equipment
of commercial motor carriers, and investigating accidents and reporting
violations of motor carrier safety regulations;
(e) Carrying out research, development, and technology transfer activities to promote safety of operation and
equipment of motor vehicles for the
motor carrier transportation program;
and
(f) Carrying out an effective communications and outreach program which
includes providing relevant safety data
to the public.
§ 1.87 Delegations to the Federal
Motor Carrier Safety Administrator.
The Federal Motor Carrier Safety
Administrator is delegated authority
to:
(a) Carry out the following 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) Sections 13704 and 13707 of chapter
137, relating to rates, routes, and services;
(5) Chapter 139, relating to registration and financial responsibility requirements, except section 13907(d)(2);
(6) Chapter 141, relating to operations
of motor carriers;
(7) Sections 14701 through 14705, 14707,
14708, 14710, and 14711 of chapter 147, relating to enforcement remedies, inves-

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wreier-aviles on DSK5TPTVN1PROD with CFR

Office of the Secretary of Transportation
driver’s license information system
modernization.
(f) Carry out the functions vested in
the Secretary by subchapters I, III, and
IV of chapter 311, title 49, U.S.C., and 49
U.S.C. 31111, relating to commercial
motor vehicle programs, safety regulation, and international activities, 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.
(g) Carry out the functions vested in
the Secretary by 49 U.S.C. 5701 relating
to food transportation inspections of
commercial motor vehicles.
(h) 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),
as amended, 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, Public
Law 87–88, as amended [33 U.S.C. 1321],
to operate without approved response
plans.
(i) Carry out chapter 315 of title 49,
U.S.C., relating to motor carrier safety.
(j) Carry out 49 U.S.C. 502, 503, 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).
(k) Carry out the functions and exercise the authority vested in the Secretary by 23 U.S.C. 502(a)(1)(A).
(l) Carry out the functions vested in
the Secretary by the following sections
of SAFETEA–LU:
(1) Section 4105(b)(1) relating to the
study concerning predatory tow truck
operations;

§ 1.87
(2) Section 4126, relating to the commercial vehicle information systems
and networks deployment program;
(3) Section 4127, relating to outreach
and education;
(4) Section 4128, relating to grants
under the safety data improvement
program;
(5) Section 4130–4133, amending section 229 of the Motor Carrier Safety
Improvement Act of 1999 (49 U.S.C.
31136 note) relating to the operators of
vehicles transporting agricultural commodities and farm supplies, and hours
of service for miscellaneous vehicle operators;
(6) Section 4134 (49 U.S.C. 31301 note),
relating to the grant program for persons to train operators of commercial
motor vehicles;
(7) [Reserved]
(8) Section 4136 relating to interstate
vans;
(9) Section 4138 relating to high risk
carrier compliance (49 U.S.C. 31100
note);
(10) Section 4139(a)(1), relating to the
training of and outreach to State personnel; section (b)(1) relating to a review of Canadian and Mexican compliance with Federal motor vehicles safety standards; and the first sentence of
section (b)(2) relating to the report
concerning the findings and conclusions of the review required by section
(b)(1) (see 49 U.S.C. 31100 note);
(11) Section 4143, granting authority
to stop commercial motor vehicles, 18
U.S.C. 3064;
(12) Section 4144, relating to a motor
carrier safety advisory committee;
(13) [Reserved]
(14) Section 4147, relating to emergency conditions requiring immediate
response (amending section 229 of the
Motor Carrier Safety Improvement Act
of 1999 (49 U.S.C. 31136 note);
(15) Section 4213, relating to the establishment of a working group for the
development of practices and procedures to enhance Federal-State relations (49 U.S.C. 14710 note);
(16) Section 4214, relating to the establishment of a system for collecting
consumer complaint information and
issuing regulations related to reporting
requirements under the system (49
U.S.C. 14701 note); and

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§ 1.88

49 CFR Subtitle A (10–1–13 Edition)

(17) Section 4308, granting authority
to adopt regulations to carry out
SAFETEA–LU, Title IV, subtitle C (49
U.S.C. 13902 note).

traffic, and motor vehicle safety and
highway construction.
(b) Carry out the functions and exercise the authority vested in the Secretary by the Rail Safety Improvement
Act of 2008 (Pub. L. 110–432, Div. A, 122
Stat. 4848).
(c) Carry out the functions and exercise the authority vested in the Secretary by the Passenger Rail Investment and Improvement Act of 2008
(Pub. L. 110–432, Div. B, 122 Stat. 4907),
except Title VI (122 Stat. 4968) as it relates to capital and preventive maintenance projects for the Washington Metropolitan Area Transit Authority.
(d) Carry out the functions vested in
the Secretary by 33 U.S.C. 535c, as it
relates to railroad bridges not over
navigable waterways.
(e) Exercise the administrative powers vested in the Secretary by 49 U.S.C.
Subtitle I, Chapter 5 (section 501 et seq.)
pertaining to railroad safety and 49
U.S.C. 103 (Federal Railway Administration).
(f) Promote and undertake research
and development relating to rail matters generally (49 U.S.C. Chapter 3 (section 301 et seq). and 49 U.S.C. 102).
(g) Carry out the functions vested in
the Secretary by 45 U.S.C. Ch. 15 (Section 601 et seq.) with respect to emergency rail services, except the authority to make findings required by 45
U.S.C. 662(a) and the authority to sign
guarantees of certificates issued by
trustees.
(h) Carry out the functions vested in
the Secretary by 45 U.S.C. chapter 17
(section 801 et seq.) with respect to railroad revitalization and regulatory reform and the Railroad Rehabilitation
and Improvement Financing program.
(i) Carry out the functions vested in
the Secretary by 45 U.S.C. chapter 21
(section 1201 et seq.) related to the Alaska Railroad transfer.
(j) Except as delegated to the Under
Secretary of Transportation for Policy
by § 1.25 of this part, carry out the
functions vested in the Secretary by 49
U.S.C. 5121–5124 relating to the transportation or shipment of hazardous
materials by railroad.
(k) Carry out the functions vested in
the Secretary by section 7 of Executive
Order 12580 (delegating sections 108 and
109, respectively, of the Comprehensive

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§ 1.88 The Federal Railroad Administration.
Is responsible for:
(a) Regulating safety functions pertaining to railroads;
(b) Conducting research and development activity in support of safer and
more efficient rail transportation;
(c) Investigating and issuing reports
concerning collisions, derailments, and
other railroad accidents resulting in
serious injury to persons or to the
property of a railroad;
(d) Developing safety strategies to
combat the causes of collisions,
derailments, and other railroad accidents, as well as to reduce overall risk
in the Nation’s rail systems;
(e) Promoting and strengthening the
national rail system, including freight
rail and high speed and higher performing intercity passenger rail.
(f) Providing financial assistance, including grants, loans and loan guarantees, for rail freight and intermodal development, as well as high-speed and
intercity passenger rail development;
(g) Maximizing the positive impacts
on the U.S. economy by encouraging
domestic
manufacturing
on
rail
projects through the enforcement of
Buy America provisions; and
(h) Strengthening local communities
by supporting station-area development and strong connections among
rail passenger service, intercity bus,
local transit, bicycle/pedestrian, and
airport facilities.
§ 1.89 Delegations to the Federal Railroad Adminstrator.
The Federal Railroad Administrator
is delegated authority to:
(a) Carry out the functions and exercise the authority vested in the Secretary by 49 U.S.C. Subtitle V, Part A
(Safety, chapter 201 et seq.,) Part B (Assistance, chapter 221 et seq.), Part C
(Passenger Transportation, chapter 241
et seq.), Part D (High Speed Rail, chapter 261), and section 28101 of Part E, relating to the law enforcement authority of railroad police officers; except 49
U.S.C. 20134 with respect to highway,

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