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CHAPTER III-FEDERAL HIGHWAY

ADMINISTRATION,

DEPARTMENT OF TRANSPORTATION

SUBCHAPTER A-GENERAL REGULATIONS

Part 301

Page

310 325

Organization and delegation of powers and duties
of the Federal Highway Administration....
Bridge toll procedural rules......

361

363

Compliance with interstate motor carrier noise
emission standards.......................

369

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386

Rules of practice for motor carrier safety and haz-
ardous materials proceedings................

389

387

Minimum levels of financial responsibility for
motor carriers ........

405

388

389

Cooperative agreements with states........................
Rulemaking procedures-Federal motor carrier
safety regulations...............

417

419

390

391

Federal motor carrier safety regulations: General.
Qualifications of drivers.................

422

427

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APPENDIX A TO SUBCHAPTER B-INTERPRETATIONS..............
APPENDIX B TO SUBCHAPTER B-SPECIAL AGENTS

547

550

APPENDIX C TO SUBCHAPTER B-WRITTEN EXAMINATION FOR

DRIVERS

551

Part

Page

APPENDIX D TO SUBCHAPTER B-TABLE OF DISQUALIFYING
DRUGS AND OTHER SUBSTANCES....

557

SUBJECT INDEX-FEDERAL MOTOR CARRIER SAFETY REGULA-
TIONS, (Parts 390-398)...

559

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§ 301.50 Regional offices; general description.

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]

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Alabama, Florida,

Georgia, Kentucky,
Mississippi, North
Carolina, South
Carolina, and
Tennessee.

Michigan, Minnesota, Ohio, and Wisconsin.

Oklahoma, and Texas. lowa, Kansas, Missouri, and Nebraska.

Colorado, Montana,

North Dakota, South Dakota, Utah, and Wyoming. Arizona, California, Hawaii, and Nevada.

Location of regional office

1720 Peachtree Rd. NW., Atlanta, GA 30309.

18209 Dixie Highway, Homewood, IL 60430.

819 Taylor St., Fort Worth, TX 76102.

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.

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§ 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 § 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 officials 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

ministrator for Motor Carriers the authority to:

(1) Perform the functions, powers, and duties enumerated in § 1.48, paragraphs (a), (e), (f), (g), (k), (p), (t), (u), (w), (z), and (aa) of this title.

(2) Issue, amend, and revoke rules, notices, and advance notices of proposed rules necessary for the implementation of the powers, functions, and duties delegated to him by this section.

(3) Issue administrative interpretations of 49 CFR Parts 325, 350, 385, 387 through 399.

(4) Initiate, compromise, suspend, and terminate proceedings commenced by notice of investigation pursuant to 49 CFR 386.11.

(5) Initiate, collect, compromise, suspend, and terminate civil forfeiture claims under 49 U.S.C. 521(b) and issue consent orders with any settlement agreements.

(6) Issue consent orders as defined in this section.

(7) Issue cease and desist orders as defined in this section.

(8) Issue administrative subpoenas under 49 U.S.C. 502 in connection with motor carrier safety inspections and investigations.

(9) Initiate, collect, compromise, suspend, and terminate civil forfeiture claims under 49 U.S.C. 1809 and issue consent order with any settlement agreements.

(10) Initiate, collect, compromise, suspend, and terminate civil forfeiture claims for violations of the minimum financial responsibility regulations as provided by 49 CFR 387.17 and 387.41 (see 49 U.S.C. 10927 note).

(11) Issue determinations and letters of disqualification in cases pursuant to 49 CFR Part 391 and 49 CFR 386.11. (12) Issue waivers pursuant to 49 CFR 391.49.

(e) The Associate Administrator for Motor Carriers delegates to the Director, Bureau of Motor Carrier Safety, the authority to:

(1) Perform the functions, powers, and duties enumerated in § 1.48 paragraphs (a), (e), (f), (g), (k), (p), (t), (u), (w), (z) and (aa) of this title except the powers to call a matter for a hearing, appoint an administrative law judge

and issue a final decision under Part 386 of this chapter.

(2) Issue, amend, and revoke rules, notices, and advance notices of proposed rules necessary for the implementation of the functions, powers and duties delegated to him/her by this section. This delegation of authority does not preclude the Associate Administrator for Motor Carriers from also issuing, amending or revoking rules.

(3) Issue administrative interpretations of 49 CFR Parts 325, 350, 385, 387 through 399.

(4) Issue determinations and letters of disqualification in cases pursuant to 49 CFR Part 391 and 49 CFR 386.11.

(5) Initiate, collect, compromise, suspend, and terminate civil forfeiture claims under 49 U.S.C. 521(b), 49 U.S.C. 1809 and the minimum financial responsibility regulations found at 49 CFR 387.17 and 387.41 (see 49 U.S.C. 10927 note)

(6) Issue notices of investigation under § 386.11 of this chapter.

(7) Perform the functions enumerated in § 1.45(a)(13) of this title relating to the authority to make certifications, findings, and determinations, under the Regulatory Flexibility Act (Pub. L. 96-354), for rulemaking documents for which issuance authority has been delegated.

(8) Issue administrative subpoenas under 49 U.S.C. 502 in connection with motor carrier safety inspections and investigations.

(9) Issue waivers pursuant to 49 CFR 391.49.

(f) The Director, Bureau of Motor Carrier Safety, delegates to the Regional Director, Motor Carrier Safety, the authority to:

(1) Initiate, collect, compromise, suspend and terminate civil forfeiture claims under 49 U.S.C. 521(b) and the minimum financial responsibility regulations found at 49 CFR 387.17 and 387.41 (see 49 U.S.C. 10927 note).

(2) Issue administrative subpoenas under 49 U.S.C. 502 in connection with motor carrier safety inspections and investigations.

(3) Issue letters of disqualification under the objective standards of 49 CFR Part 391 including the following physical qualifications standards,

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