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CHAPTER III—FEDERAL HIGHWAY

ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION

SUBCHAPTER A-GENERAL REGULATIONS

Page

Part 301

Organization and delegation of powers and duties

of the Federal Highway Administration..........
Bridge toll procedural rules............
Compliance with interstate motor carrier noise

emission standards

361 363

310 325

369

SUBCHAPTER B-FEDERAL MOTOR CARRIER SAFETY REGULATIONS

381 387

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........

389

405 417

350 Commercial motor carrier safety assistance pro

gram............ 385 Safety ratings, 386 Rules of practice for motor carrier safety and haz

ardous materials proceedings............... 387 Minimum levels of financial responsibility for

motor carriers ...... ................ 388 Cooperative agreements with states ... 389 Rulemaking procedures-Federal motor carrier

safety regulations.............. 390 Federal motor carrier safety regulations: General. 391 Qualifications of drivers....... 392 Driving of motor vehicles... 393 Parts and accessories necessary for safe operation. 394 Notification and reporting of accidents 395 Hours of service of drivers ....... 396 Inspection, repair, and maintenance 397 Transportation of hazardous materials; driving

and parking rules ....... 398

Transportation of migrant workers 399

Employee safety and health standards
APPENDIX A TO SUBCHAPTER B-INTERPRETATIONS
APPENDIX B TO SUBCHAPTER B-SPECIAL AGENTS
APPENDIX CTO SUBCHAPTER B-WRITTEN EXAMINATION FOR

DRIVERS

419 422 427 447 456 515 521 531

534 537 544 547 550

551 Page

Part
APPENDIX D TO SUBCHAPTER B-TABLE OF DISQUALIFYING

DRUGS AND OTHER SUBSTANCES
SUBJECT INDEX-FEDERAL MOTOR CARRIER SAFETY REGULA-

TIONS, (Parts 390-398)......

557

559

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Post Office Box

7186, Country
Club Station,
Kansas City, MO

64113. Room 242, Bldg. 40,

Denver Federal
Center, Denver,

CO 80225.
450 Golden Gate

Ave., San
Francisco, CA

94102.
222 Southwest

Morrison St.,
Portland, OR
97204.

9

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8 301.50 Regional offices; general descrip

tion. The Federal Highway Administration has regional offices, commonly referred to as Regional Administrations, which are numerically identified as Regions 1 and 3 through 10. Each regional office has jurisdiction over a geographical area consisting of a designated group of States. Each regional office is headed by a Regional Federal Highway Administrator (commonly called the Regional Administrator for ease of reference), who is assisted by a regional headquarters staff of legal, administrative, and program specialists, and who is responsible for directing at local levels the Federal Highway Administration responsibilities for administration of the direct Federal, Federal-aid, and other highway and traffic safety programs. (51 FR 12620, Apr 14, 1986)

1 Conforms to Standard Federal Regions 1 and 2.

[38 FR 215, Jan. 7, 1972)

8 301.52 Jurisdiction of regional offices.

The specific composition of each Federal Highway Administration region is as follows:

8 301.60 Delegations of authority relating

to motor carrier safety. (a) Definitions: (1) Cease and desist orders. An order issued pursuant to 49 U.S.C. 506 or 1808 and Part 386 of this chapter.

(2) Consent orders. A cease and desist order entered into voluntarily pursuant to $ 386.16 or 8 386.21.

(3) Civil forfeiture. A civil penalty under 49 · U.S.C. 521(b), under 49 U.S.C. 1809, or for violations of the minimum financial responsibility regulations as provided by 49 CFR 387.17 and 387.41 (49 U.S.C. 10927 note).

(b) The delegations of authority in this section may not be redelegated unless specifically provided.

(c) The authority delegated to offi. cials under this section may be exercised by their deputies except that such deputies may not exercise the power of redelegation.

(d) The Federal Highway Administrator delegates to the Associate Ad

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Connecticut, Maine,

Massachusetts, New
Hampshire, New
Jersey, New York,
Puerto Rico, Rhode

Island, and Vermont. Delaware, District of

3

Columbia, Maryland, Pennsylvania, Virginia, and West Virginia.

31 Hopkins Plaza,

Baltimore, MD 21201.

ministrator for Motor Carriers the au- and issue a final decision under Part thority to:

386 of this chapter. (1) Perform the functions, powers, (2) Issue, amend, and revoke rules, and duties enumerated in $ 1.48, para- notices, and advance notices of prographs (a), (e), (f), (g), (k), (p), (t), (u), posed rules necessary for the imple(w), (z), and (aa) of this title.

mentation of the functions, powers (2) Issue, amend, and revoke rules, and duties delegated to him/her by notices, and advance notices of pro- this section. This delegation of authorposed rules necessary for the imple- ity does not preclude the Associate Admentation of the powers, functions,

ministrator for Motor Carriers from and duties delegated to him by this also issuing, amending or revoking section.

rules. (3) Issue administrative interpreta

(3) Issue administrative interpretations of 49 CFR Parts 325, 350, 385,

tions of 49 CFR Parts 325, 350, 385, 387 through 399.

387 through 399. (4) Initiate, compromise, suspend,

(4) Issue determinations and letters and terminate proceedings commenced

of disqualification in cases pursuant to by notice of investigation pursuant to

49 CFR Part 391 and 49 CFR 386.11. 49 CFR 386.11.

(5) Initiate, collect, compromise, sus(5) Initiate, collect, compromise, sus

pend, and terminate civil forfeiture pend, and terminate civil forfeiture

claims under 49 U.S.C. 521(b), 49 claims under 49 U.S.C. 521(b) and

U.S.C. 1809 and the minimum finanissue consent orders with any settle

cial responsibility regulations found at ment agreements.

49 CFR 387.17 and 387.41 (see 49

U.S.C. 10927 note) (6) Issue consent orders as defined in

(6) Issue notices of investigation this section.

under $ 386.11 of this chapter. (7) Issue cease and desist orders as

(7) Perform the functions enumerdefined in this section.

ated in $ 1.45(a)(13) of this title relat(8) Issue administrative subpoenas

ing to the authority to make certificaunder 49 U.S.C. 502 in connection with

tions, findings, and determinations, motor carrier safety inspections and investigations.

under the Regulatory Flexibility Act

(Pub. L. 96-354), for rulemaking docu(9) Initiate, collect, compromise, sus

ments for which issuance authority pend, and terminate civil forfeiture

has been delegated. claims under 49 U.S.C. 1809 and issue

(8) Issue administrative subpoenas consent order with any settlement

under 49 U.S.C. 502 in connection with agreements.

motor carrier safety inspections and (10) Initiate, collect, compromise, investiga ns. suspend, and terminate civil forfeiture

(9) Issue waivers pursuant to 49 CFR claims for violations of the minimum

391.49. financial responsibility regulations as (f) The Director, Bureau of Motor provided by 49 CFR 387.17 and 387.41

Carrier Safety, delegates to the Re(see 49 U.S.C. 10927 note).

gional Director, Motor Carrier Safety, (11) Issue determinations and letters

the authority to: of disqualification in cases pursuant to (1) Initiate, collect, compromise, sus49 CFR Part 391 and 49 CFR 386.11.

pend and terminate civil forfeiture (12) Issue waivers pursuant to 49 claims under 49 U.S.C. 521(b) and the CFR 391.49.

minimum financial responsibility regu. (e) The Associate Administrator for lations found at 49 CFR 387.17 and Motor Carriers delegates to the Direc- 387.41 (see 49 U.S.C. 10927 note). tor, Bureau of Motor Carrier Safety, (2) Issue administrative subpoenas the authority to:

under 49 U.S.C. 502 in connection with (1) Perform the functions, powers, motor carrier safety inspections and and duties enumerated in 8 1.48 para- investigations. graphs (a), (e), (f), (g), (k), (p), (t), (u), (3) Issue letters of disqualification (w), (z) and (aa) of this title except the under the objective standards of 49 powers to call a matter for a hearing, CFR Part 391 including the following appoint an administrative law judge physical qualifications standards,

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