Attachment H - 49 CFR § 1.87 titled, “Delegations to the Federal Motor Carrier Safety Administrator.”

§ 1.86

49 CFR Subtitle A (10–1–19 Edition)

(14) Exercise the responsibilities of
the Secretary under 49 U.S.C. 309 (high
speed ground transportation).
(15) Carry out the functions vested in
the Secretary by section 201(4)(d) and
(e) of the Alaska National Interest
Lands Conservation Act, as amended
(Pub. L. 96–487, 94 Stat. 2377) [16 U.S.C.
410hh(4)(d) and (e)].

(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 14501, 14502, and 14504a relating to Federal-State relations, and
section 14506 relating to identification
of vehicles.
(8) Sections 14701 through 14705, 14707,
14708, 14710, and 14711 of chapter 147, relating to enforcement remedies, investigations and motor carrier liability;
and
(9) Sections 14901 through 14913, 14915,
and 14916 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;

§ 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.

kpayne on VMOFRWIN702 with $$_JOB

§ 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;

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Office of the Secretary of Transportation
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
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, 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, Pub. L.
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

§ 1.87
of migrant workers, motor private carriers, or freight forwarders; and 49
U.S.C. 505, 508, 521(b), and 525.
(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;
(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. 31144
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);

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§ 1.88

49 CFR Subtitle A (10–1–19 Edition)

(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
(17) Section 4308, granting authority
to adopt regulations to carry out
SAFETEA–LU, Title IV, subtitle C (49
U.S.C. 13902 note).
(m) Carry out the functions vested in
the Secretary by the following sections
of the Moving Ahead for Progress in
the 21st Century Act (Pub. L. 112–141,
126 Stat. 405):
(1) Section 32101(b) concerning proficiency examination (49 U.S.C. 13902
note).
(2) Section 32101(c) concerning conforming amendments to proficiency examinations (49 U.S.C. 31144 note).
(3) Section 32101(d) concerning agricultural and farm transportation exemption (49 U.S.C. 31136 note).
(4) Section 32104 concerning a study
of financial responsibility requirements (49 U.S.C. 13903 note).
(5) Section 32206 concerning a rental
truck accident study.
(6) Section 32301(a) requiring an
hours of service study.
(7) Section 32302(c)(2) regarding the
establishment of state licensing agency
oversight (49 U.S.C. 31149 note).
(8) Section 32303(b) relating to the establishment of a driver record notification system (49 U.S.C. 31304 note).
(9) Section 32303(c) relating to a plan
for national notification system.
(10) Section 32308 regarding a study,
plan, report and implementation of accelerated veteran’s licensing procedures (49 U.S.C. 31301 note).
(11) Section 32603(i) relating to the
administration of grant programs (49
U.S.C. 31100).
(12) Section 32605 related to a report
on the commercial vehicle information
system and networks.
(12) Sections 32702, 32707(b), 32708,
32709, 32710, and 32711 related to the Motorcoach Enhanced Safety Act of 2012
(49 U.S.C. 31136 note).

(13) Section 32918(b) relating to
broker and forwarder financial responsibility rulemaking requirement (49
U.S.C. 13906 note).
(14) Section 32934 related to exemptions from requirements for covered
farm vehicles (49 U.S.C. 31136 note).
§ 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 Administrator.
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

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