1.89 Delegations to the Federal Railroad Administrator

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§ 1.88

49 CFR Subtitle A (10–1–20 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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Office of the Secretary of Transportation

§ 1.89

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,
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 section 5 (as it relates
to railroad bridges not over navigable
waterways) and section 8(a) (as it relates to railroad bridges) of the International Bridge Act of 1972 (Pub. L. 92–
434, 86 Stat. 731) (33 U.S.C. 535c and
535e(a)).
(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 Railroad 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, 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
Environmental Response, Compensation, and Liability Act of 1980 as
amended (49 U.S.C. 9615 et seq.), insofar
as they relate to rolling stock.
(l) Carry out the functions vested in
the Secretary by 33 U.S.C. 493, relating
to disputes over the terms and compensation for use of railroad bridges
built under that statute.
(m) Carry out the functions vested in
the Secretary by 49 U.S.C. 5701 with respect to transportation of food and
other products by railroad.
(n) Carry out the functions vested in
the Secretary by 23 U.S.C. 322 (Magnetic Levitation Transportation Technology Deployment Program).
(o) Carry out the functions vested in
the Secretary by sections 1307 (see note
to 23 U.S.C. 322), and 1946 of SAFETEA–
LU as they relate to deployment of
magnetic
levitation
transportation
projects and a study of rail transportation and regulation.
(p) Carry out the function vested in
the Secretary by the Bankruptcy Code
(11 U.S.C. 1163), which relates to the
nomination of trustees for rail carriers
in reorganization, with the concurrence of the Office of the General Counsel.
(q) Carry out the functions vested in
the Secretary by 23 U.S.C. 327, as it relates to railroad projects.
(r) Carry out the functions vested in
the Secretary by the sections 1318(d)
and 1534 of Moving Ahead for Progress
in the 21st Century Act (Pub. L. 112–
141, 126 Stat. 405), as they relate to railroads.
(s) Carry out the functions vested in
the Secretary by section 2(d)(2) of Executive Order 12777, with respect to rail
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

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§ 1.90

49 CFR Subtitle A (10–1–20 Edition)

railroads to operate without approved
response plans.

use of historic resources for public
transportation projects.
(d) Section 303 of title 49, United
States Code, as it involves public
transportation projects.
(e) The following sections of Moving
Ahead for Progress in the 21st Century
Act (Pub. L. 112–141, 126 Stat. 405):
(1) Sections 1315 [23 U.S.C. 109 note],
1316 [23 U.S.C. 109 note], 1317 [23 U.S.C.
109 note], 1318 [23 U.S.C. 109 note], and
1321, as they relate to public transit
projects; and
(2) Sections 20005(b) [49 U.S.C. 5303
note], 20008(b) [49 U.S.C. 5309 note],
20013(b) [49 U.S.C. 5315 note], 20017(b) [49
U.S.C. 5324 note], 20021(b), and 20025(b)
[49 U.S.C. 5335 note].
(f) Section 601 of the Passenger Rail
Investment and Improvement Act of
2008 (Pub. L. 110–432, Div. B).

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§ 1.90 The Federal Transit Administration.
Is responsible for:
(a) Providing grants that support the
development of safe, comprehensive
and coordinated public transportation
systems;
(b) Creating and implementing a national public transportation safety program that includes the development of
safety practices and standards;
(c) Assisting public transportation
systems to achieve and maintain their
infrastructure, equipment and vehicles
in a state of good repair;
(d) Promoting the environmental
benefits
of
public
transportation
through continuing, cooperative, and
comprehensive planning that improves
the performance of the intermodal
transportation system.
(e) Supporting research, development, demonstration, and deployment
projects dedicated to assisting in the
delivery of safe, efficient and effective
public transportation service;
(f) Supporting, in coordination with
FHWA and FRA, strong connections
between public transportation and
other modes of transportation, including bicycle/pedestrian facilities and
station-area
development
that
strengthen local communities; and
(g) Maximizing the positive impacts
on the U.S. economy by encouraging
domestic manufacturing on transit
projects through the enforcement of
Buy America provisions.

§ 1.92

The Maritime Administration.

Is responsible for:
(a) Fostering the development and
maintenance of a United States merchant marine sufficient to meet the
needs of the national security and of
the domestic and foreign commerce of
the United States;
(b) Operating the U.S. Merchant Marine Academy in order to train officers
for the Nation’s merchant marine;
(c) Promoting development of ports
and intermodal transportation systems
through investments in port infrastructure via grant programs and
America’s Marine Highway program;
(d) Promoting the growth and modernization of the U.S. merchant marine
and U.S. shipyards by administering
loan and guarantee programs;
(e) Overseeing the administration of
cargo preference statutes;
(f) Maintaining custody of, operating,
and preserving ships in the National
Defense Reserve Fleet as well as other
vessels under the custody of MARAD
and managing, maintaining and operating its Ready Reserve Force component;
(g) Conducting research and development to improve and promote the waterborne commerce of the United
States.

§ 1.91 Delegations to the Federal Transit Administrator.
The Federal Transit Administrator is
delegated authority to carry out the
following:
(a) Chapter 53 of title 49, United
States Code, and notes thereto.
(b) Sections 3 and 9 through 15 of the
National Capital Transportation Act of
1969 (Pub. L. 91–143, 83 Stat. 320), as
amended (DC Code, section 9–1101.01 et
seq.).
(c) Sections of title 23, United States
Code, and notes thereto that involve
public transportation projects, including those provisions that pertain to
planning, environmental reviews and

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