U. S. Department of Transportation
Federal Highway Administration
M 1100.1A, Chg. 14
May 13, 1998
|DAs||SDs||* Section 1 (Personnel Administration) *|
|Paragraph 3 (Leave)||X||X||Administer leave within their respective jurisdictions, including leave without pay and the Leave Transfer Program.|
|Paragraph 4 (Employees Called As Witnesses)||X||X||Authorize personnel under their supervision to appear and testify as witnesses in judicial proceedings subject to prior approval by agency counsel and in accordance with 49 CFR 9.|
|Paragraph 8 (Employee Suggestions)||X||X||Approve awards for employee suggestions that are adopted and to reject suggestions not considered acceptable within certain circumstances.|
|Paragraph 13 (Training Funds), subparagraph b||X||X||Approve the use of local training funds for purposes other than training when such purposes are sufficiently important to warrant the redirection of funds.|
|* Section 2 (Financial Management) *|
|Paragraph 31 (Collection and Waiver of Claims for Erroneous Payments), subparagraph b (Waiver)||X||X||Waive, in whole or in part, a claim of the United States in an amount aggregating not more than $1500 and refunds may be made of monies repaid to the United States in connection with a claim that is waived.|
|Paragraph 35 (Review of Indirect Cost Allocation Plans and Proposals, Negotiation of Indirect Cost Rates and Approval of Indirect Cost Negotiation Agreements)||X||N/A||Review indirect cost rate proposals, negotiate indirect cost rates with State highway agencies and local governments, and approve indirect cost negotiation agreements.|
|Paragraph 39 (Travel (General)), subparagraphs a (Travel) and b (Reimbursement)||X||X||a. Travel. Authorize or approve travel for all employees under their supervision to points within the United States, the District of Columbia, Guam, the Virgin Islands, the Canal Zone, and American Samoa within certain limitations.|
|X||X||b. Reimbursement. Authorize or approve reimbursement of the actual and necessary subsistence expenses for lodging and/or meals. (Note: Subparagraph b created to clarify existing travel delegation; no substantive changes made.)|
|Paragraph 51 (Invitational Travel within the Continental United States), subparagraphs a and b||X||X||a. Approve invitational travel of a temporary nature for non-Federal employees when acting in a capacity that is directly realted to, or in connection with, official FHWA activities.|
|X||X||b. Approve invitational travel by an individual chosen by an award recipient to attend certain award ceremonies.|
|* Section 3 (Management Services) *|
|Paragraph 83 (Signing Correspondence), subparagraph b (Field)||X||X||Sign all correspondence within their respective areas of responsibility, which is not reserved for the Administrator, Regional Administrators, or Regional Directors.|
|* Section 4 (Acquisition and Management) *|
|Paragraph 95 (Purchasing and Contracting), subparagraph b (Contracting Officers)||X||X||Enter into contracts for authorized supplies and services.|
|* Section 5 (Other Approvals) *|
|Paragraph 115 (General Classes of Formal Instruments), subparagraph b (Field)||X||N/A||b(1) Execute deeds or other instruments as required to effect the transfer of rights-of-way for highway purposes from the FHWA to the States or political subdivisions thereof.|
|X||N/A||b(2) Execute deeds or other instruments effecting the transfer of excess lands, where the authority to process reports of excess lands has been delegated to the Federal Highway Administrator from the Secretary.|
|X||N/A||b(3) Execute licenses and permits required to permit the temporary use of land being administered by the FHWA.|
|X||N/A||b(4) Execute instruments effecting the disposal of improvements located on
nonexcess lands where the authority to effect such disposal has been delegated
to the Federal Highway Administrator by the Secretary.
Each of the above authorities (paragraphs 115B(1) through 115b(4) above) shall be exercised subject to prior legal concurrence by the Regional Counsel or another attorney where deemed appropriate by the Chief Counsel.
|DAs||SDs||* Section 1 (Planning, Research, and Programming) *|
|Paragraph 1 (System Approvals)||X||N/A||1a(1) Approve the specific locations of Interstate System route sections and their intermediate control points.|
|X||N/A||1a(2) Approve, for other non-National Highway System Federal-aid highways, route designations, modifications, and revisions, including specific and general locations thereof.|
|X||N/A||1a (3) Statewide highway functional classification, including modifications and revisions thereof.|
|Paragraph 2 (Urban Area Approvals)||X||N/A||Approve urban area boundaries.|
|Paragraph 3 (Planning, Research, Development and Technology Transfer)||X||N/A||a. Administer the use of FHWA planning and research funds (as defined in 23 CFR Part 420) for transportation planning and for research, development, and technology transfer, including approval of State and metropolitan planning and/or research work programs.|
|X||N/A||b. Approve formal reports prepared with FHWA planning and research funds prior to publication and waive such prior approval when considered appropriate.|
|X||N/A||e. Approve State highway agencies' research, development, and technology management process and procedures.|
|Paragraph 4 (Metropolitan Transportation Planning)||X||N/A||a. Transportation Improvement Program Finding. Consult the Associate Administrator for Program Development, before the finding is made, where serious deficiencies are identified that could impact certification of the metropolitan transportation planning process. (Note: Only change requires the Division Administrator to consult with Headquarters instead of Regional Administrator on certain matters.)|
|X||N/A||b. Distribution of Surface Transportation (STP) Funds Between Urbanized Areas Over 200,000 Population. Approve joint requests from the State and the relevant metropolitan planning organizations to distribute STP funds that go to urbanized areas over 200,000 population based on factors other than the relative population of such areas subject to the concurrence of the Federal Transit Administrator or his/her delegate.|
|X||N/A||c. Distribution Formulas for Metropolitan Planning Funds. Approve formulas developed by the States for the distribution of apportionments of Federal-aid funds authorized to carry out the purposes of 23 U.S.C. 134.|
|X||N/A||d. Certification of the Metropolitan Transportation Planning Process in Transportation Management Areas (TMAs). Jointly determine and certify with FTA as to whether the metropolitan transportation planning process meets or substantially meets 23 CFR 450 requirements.|
|Paragraph 6 (Statewide Transportation Improvement Program (STIP))||X||N/A||Approve jointly with the Federal Transit Administration, the STIP and amendments thereto if it is found that the projects in the STIP are based on a planning process that meets or substantially meets the requirements of Title 23, U.S.C., the Federal Transit Act (49 U.S.C. Chapter 53), and 23 CFR Part 450. (Note: Only change deletes requirement pertaining to proposed reservations of this authority by the Regional Administrators.)|
|Paragraph 7 (Appalachian Highway Projects)||X||N/A||The authorities redelegated to Division Administrators, including the provisions for redelegation, in Chapter 5 (Federal-Aid) for Federal-aid projects shall also apply, as appropriate, to Appalachian development highway and local access road projects subject to the certain limitations.|
|Paragraph 8 (Economic Growth Centers)||X||N/A||Approve economic growth centers proposed by the States.|
|Paragraph 9 (Education and Training)||X||N/A||Approve State requests and changes thereto, for education and training of State and local highway agency employees. Project agreements that implement approved requests are executed at the field level pursuant to the delegation of authority contained in paragraph 36a of this chapter.|
|Paragraph 10 (Local Technical Assistance)||X||N/A||Approve the States' annual work plans and cost proposals for Technology Transfer Centers.|
|DAs||SDs||* Section 2 (Right-of-way and Environment) *|
|Paragraph 17 (Real Property Acquisition)||X||N/A||a. General
(2) State Right-of-Way Manuals. Accept a State's manual of right-of-way organization, policies, procedures, and practices and changes or revisions thereto.
|X||N/A||(4) Disposal Time Extension. Extend the time limit, when it is in the public interest, for disposal of excess property by public sale.|
|X||N/A||(5) Other Federally Assisted Programs.
(a) Give prior approval to State highway agencies for participation in right-of-way acquisition costs incurred in connection with other Federal or federally assisted programs on bases other than those provided by FAPG 23 CFR 710C (Reimbursement Provisions).
(3) Hardship Acquisition and Protective Buying. Authorize the acquisition of hardship and protective buying parcels prior to processing of the final environmental impact statement or finding of no significant impact.
|X||N/A||(4) Functional Replacement. Approve States' determinations that the functional replacement of publicly owned lands and/or facilities to be acquired for highway rights-of-way is necessary and in the public interest.|
|X||N/A||(5) Fee Negotiators. Give prior approval on a project basis to a State for use of fee negotiators.|
|X||N/A||(10) Right-of-Way Revolving Fund
(b) Allocate and withdraw funds and obligational authority, under 23 U.S.C. 108(c), from the right-of-way revolving fund to/from projects with regard to respective States.
|X||N/A||(c) Approve requests for advance of funds submitted in accordance with 23 U.S.C. 108(c).|
|X||N/A||(d) Approve a termination date earlier or later than the 10 years provided by 23 U.S.C. 108(c)(3) for beginning construction on right-of-way for which funds from the right-of-way revolving fund were advanced.|
|X||N/A||(11) Highway Beautification Program - Outdoor Advertising Approve a State's statement of policies and operating procedures for implementing the outdoor advertising sign removal program.|
|X||N/A||(12) Outdoor Advertising - Valuation Schedules. Approve a State's sign valuation schedules.|
|X||N/A||(14) Advance Acquisition - 10-Year Period. Approve a State's request for extending beyond 10 years the period of time for beginning construction under 23 U.S.C. 108(a), if such longer period is determined to be reasonable.|
|X||N/A||(15) Private Land Service Facilities. Approve, for Federal participation, land service facilities designed to restore access to and within a privately owned property and which are not justified economically but deemed necessary for the public interest.|
|X||N/A||e. Scenic Enhancement
(1) Outdoor Advertising Sign Standards. Approve for Federal participation State outdoor advertising sign standards, on a statewide basis, which are more stringent than Federal control requirements along the Primary and Interstate Systems.
|X||N/A||(2) Local Outdoor Advertising Sign Controls. Accept outdoor advertising sign controls by local zoning authorities in lieu of the controls set forth in the State/FHWA agreement for zoned commercial and industrial areas.|
|X||N/A||(3) Junkyard Control Standards. Approve for Federal participation, State junkyard control standards, on a statewide basis, which are more stringent than Federal control requirements along Interstate and Primary highways.|
|X||N/A||(4) Exemption for Nonconforming Signs. Approve a State's request, pursuant to the provisions of 23 U.S.C. 131(o), to exempt nonconforming directional signs, displays, and devices within a defined area from being acquired under the provisions of 23 U.S.C. 131.|
|X||N/A||(5) Junkyard Control and Abatement Measures. Approve a State's operating policies and procedures, and other abatement measures, sufficient for the effective control of nonconforming and illegal junkyards.|
|Paragraph 18 (Highway Beautification)||X||N/A||a. Allocation of Beautification Funds
(2) Release obligational authority to respective State, within the limits of amounts previously allocated or released to the State.
|X||N/A||b. Approve programs and authorize work to proceed for highway beautification projects.|
|Paragraph 19 (Right-of-way Relinquishment and Changes in Access Control)||X||N/A||a(1) Approve or disapprove a State's proposal for the relinquishment of right-of-way determined to be excess and changes in the control of access on Federal-aid primary, secondary and urban projects.|
|X||N/A||a(2) Approve or disapprove a State's proposal for the relinquishment of rights-of-way excess to the needs of a Federal-aid Interstate project and changes in the location of control of access lines when such changes do not diminish the degree of control of access as contained in the previously approved plans, specifications, and estimates (PS&E).|
|X||N/A||a(3) Deny a State's proposal affecting the degree of access control obtained in approved PS&E.|
|X||N/A||b. Approve or disapprove certain State requests for changes in Interstate highway access control which do not involve changes in points of ingress to or egress from the Interstate System through traffic lanes or interchange ramps.|
|X||N/A||c. Final approval of changes in points of ingress or egress with Interstate through traffic lanes and with interchange ramps on completed sections of the Interstate system only after a finding of acceptability and completion of the planning and environmental processes.|
|X||N/A||d. Final action on a State appeal of a denial of its proposal by Division Administrators or his/her delegate is reserved to the Administrator. Forward the State appeal and related documents, along with recommendations, to the Washington Headquarters for appropriate action. (Only change is to delete reference to Regional Administrators in processing appeals.)|
|Paragraph 20 (Federal Acquisition)||X||N/A||c. With respect to the provisions of Title 23, U.S.C., cited in paragraph
20a of this Manual:
(1) conduct the final review of State requests for Federal acquisition, including the final legal review,
|X||N/A||(2) execute Declarations of Taking and Amended Declarations of Taking, and approve for the FHWA proposed settlements of Federal condemnation actions in amounts of $200,000 or less, and|
|X||N/A||(3) issue to the appropriate State highway agency or political subdivision a letter of authority to take over supervision of real property to which the United States has been granted possession by court order.|
|Paragraph 21 (Relocation Assistance)||X||N/A||i. Moving Expense Schedule. Approve a States' moving expense schedules and revisions thereto, coordinating with the Division Administrators of adjoining states for purposes of consistency.|
|X||N/A||j. Methods for Determining the Probable Selling Price of Comparable Dwellings. Approve or disapprove a method different from the three comparable or locality-wide study methods of determining the probable price of comparable dwellings.|
|Paragraph 22 (Environment)||X||N/A||a. Public Involvement/Public Hearing Procedures. Approve public involvement/public hearing procedures and changes thereto.|
b. Environmental Approvals Pursuant to the National Environmental Policy Act.
|X||N/A||(1) Determine whether an action qualifies as a categorical exclusion.|
|X||N/A||(2) Approve environmental assessments for agency and public availability and to make findings of no significant impact.|
|X||N/A||(3) Prepare and issue notices of intent as required by the regulations of the Council on Environmental Quality.|
|X||N/A||(4) Determine whether an environmental impact statement (EIS) or supplemental EIS should be prepared.|
|X||N/A||(5) Approve draft EISs for circulation to the public and to other agencies.|
|X||N/A||(6) Approve final EISs and related actions, and to adopt final EISs prepared by other agencies.|
|X||N/A||(7) Execute the record of decision.|
|X||N/A||(8) Conduct reevaluations and make determinations based on reevaluations.|
|N/A||N/A||(10) The Associate Administrator for Program Development may request that Division Administrators obtain prior concurrence by Washington Headquarters on final EISs, Section 4(f) statements, and related actions for projects which are highly controversial or involve issues of national significance. (Note: Only change is to substitute Division Administrators for Regional Administrators.)|
|c. Procedures for Abatement of Highway Traffic Noise and Construction Noise (FAPG 23 CFR 772)|
|X||N/A||(1) Determine whether project plans and specifications incorporate reasonable and feasible noise abatement measures.|
|X||N/A||(2) Approve Federal funding of noise abatement measures listed in FAPG 23 CFR 772.13(c).|
|X||N/A||(3) Approve proposals for noise abatement measures other than those listed in FAPG 23 CFR 772.13(c) when the abatement measures listed are physically infeasible or economically unreasonable.|
|X||N/A||d. Air Quality Conformity and Priority Procedures for use in Federal-Aid Highway and Federally Funded Transit Programs. Determine that transportation plans, programs, and projects are in conformance with approved State air quality implementation plans.|
|X||N/A||e. Section 4(f) Approvals
(1) Determine the applicability of Section 4(f) of the Department of Transportation Act, pursuant to 23 CFR 771.135.
|X||N/A||(2) Make Section 4(f) determinations and approve Section 4(f) statements.|
|X||N/A||(4) Promulgate and approve programmatic Section 4(f) evaluations with the prior concurrence of the Washington Headquarters.|
|X||N/A||(5) Determine that a programmatic Section 4(f) approval applies to a project.|
|X||N/A||f. Representation of FHWA. Act on behalf of the Federal Highway Administrator in complying with the environmental procedures in the regulations of other Federal agencies. The authority to serve as the FHWA "Agency Official" in carrying out the provisions of 36 CFR, Part 800, "Protection of Historic Properties," may be further redelegated by Division Administrators.|
|X||N/A||g. Environmental Mitigation
(1) Determine whether environmental mitigation measures are eligible for Federal funding.
|X||N/A||(2) Approve wetland mitigation measures outside the highway right-of-way.|
|X||N/A||h. Other Environmental Findings. Make findings for wetlands, flood plains and other environmental considerations as required by statute, regulation, or executive order and which are not otherwise incorporated into the approval made pursuant to the National Environmental Policy Act.|
|Paragraph 23 (Privately Operated Information Centers)||X||N/A||Approve leases or agreements permitting privately operated information centers at safety rest areas.|
|Paragraph 24 (Right-of-way Encroachments)||X||N/A||Determine that right-of-way encroachments on projects, other than projects on the Interstate System, must be removed, or approve conditions under which they may be permitted to remain.|
|* Section 3 (Engineering and Operations) *|
|Paragraph 34 (Authorizations to Proceed)||X||N/A||a. Approve PS&E and authorize advertising or commencement of force account work for Federal-aid projects within the limits of amounts released for obligation, where applicable, and approve the State's comprehensive Highway Safety Improvement Program (HSIP) if the HSIP conforms with FAPG 23 CFR 924J (Highway Safety Improvement Program).|
|X||N/A||b. Approve engineering and operational acceptability of changes in points of ingress and egress with Interstate through traffic lanes and with interchange ramps on completed sections of the Interstate System for certain types of projects.|
|X||N/A||d. Authorize States to proceed with preliminary engineering or right-of-way acquisition in accordance with program approvals and within the limits of amounts released for obligation, where applicable. (Note: Only change deletes requirement pertaining to proposed reservations of this authority by the Regional Administrators.)|
|X||N/A||e. Approve standard plans.|
|X||N/A||f. Approve (1) standard specifications, (2) supplemental specifications, and (3) specifications in the developmental stage, which are proposed for use on Federal-aid projects.|
|X||N/A||i. Approve, for individual projects on the Interstate System, exceptions to design standards adopted for the Interstate System.|
|X||N/A||j. Approve preliminary plans for major bridges or other structures, subject to the provisions of FAPG G 6012.01 (Preliminary Plan Review and Approval).|
|X||N/A||k. Approve individual design standards, policies, and guides for the Hazard Elimination Program and Rail-Highway Grade Crossing Program.|
|X||N/A||l. Make findings that highway encroachments on a flood plain are the only practicable alternative location.|
|X||N/A||m. Approve the criteria and/or procedures for the geometric design of nonfreeway resurfacing, restoration and rehabilitation projects as proposed by the State.|
|X||N/A||n. Approve requests for a waiver of the "Buy America" requirements when such a request is submitted by a State highway agency, subject to the prior concurrence of the Office of Engineering, Washington Headquarters.|
|X||N/A||o. Approve traffic surveillance and control system projects. (Note: Projects costing more than $1 million are no longer subject to review by the Regional Administrators.)|
|Paragraph 35 (Contract and Force Account Approvals)||X||N/A||a. Concur in the award of contracts or the rejection of all bids for Federal-aid projects, subject to certain provisions and limitations.|
|Paragraph 36 (Agreement Approvals)||X||N/A||c. Approve: (1) agreements between highway agencies and consultants for engineering services on Federal-aid projects, and (2) consultant procurement procedures of highway agencies.|
|X||N/A||d. Approve: (1) the alternate procedure for processing State-utility agreements, and (2) the alternate procedure for processing State-railroad agreements.|
|X||N/A||e. Execute clause B agreements with State highway agencies electing to use the "sliding scale rates."|
|Paragraph 37 (Accommodation of Utilities)||X||N/A||a. Approve a State's statement and policy, and any subsequent changes or modifications thereto, for accommodating utilities and private line crossings on the right-of-way of Federal-aid and Federal lands highway projects.|
|X||N/A||b. Approve requests for which the proposed installation is not in accordance with 23 CFR or the State highway agency's utility accommodation policy approved by the FHWA.|
|X||N/A||c. Approve requests for longitudinal installations of private lines.|
|Paragraph 41 (Emergency Relief Projects)||X||N/A||The authorities delegated in Chapter 5 (Federal-Aid) for Federal-Aid projects shall also apply, as appropriate, to emergency relief projects on Federal-aid highways, including projects on Federal roads.|
|Paragraph 42 (Defense Access, Replacement and Maneuver Road Projects)||X||N/A||a. The authorities delegated in Chapter 5 (Federal-Aid) for Federal-aid projects shall also apply, as appropriate, to defense access roads, replacement and maneuver road projects, subject to certain conditions.|
|X||N/A||b. Execute agreements between the FHWA and another Federal agency, or a subdivision of a State, under which that Federal agency or that subdivision of a State will undertake highway work in behalf of the FHWA in connection with certified access projects.|
|Paragraph 43 (Maintenance)||X||N/A||b. Withhold approval of further projects of all types on other than a statewide basis due to an unsatisfactory maintenance condition.|
|Paragraph 44 (Access Between Adjacent Railroads and Interstate Highways)||X||N/A||Approve requests by a State to permit access between adjacent railroads and Interstate highways.|
|Paragraph 45 (Liquidated Damages under the Contract Work Hours and Safety Standards Act)||X||N/A||a. Assess liquidated damages, in any amount, for violations of the Contract Work Hours and Safety Standards Act and to waive those damages which are computed to be $500 or less in certain cases.|
|Paragraph 46 (Territorial Highway Program)||X [PR, HI]||N/A||Administer the Territorial Highway Program for the respective territories.|
|Paragraph 47 (State-prepared Traffic Control Manuals)||X||N/A||Approve official traffic control manuals prepared by the States for use in lieu of the Manual on Uniform Traffic Control Devices.|
|Paragraph 48 (Engineering Percentage Approvals)||X||N/A||Determine the percentage rates for construction engineering and inspection costs and for preliminary engineering costs.|
|Paragraph 50 (Construction Inspection)||X||N/A||Approve formal construction inspection programs to provide for the physical inspection and acceptance of all Federal-aid highway construction projects.|
|Paragraph 51 (Experimental Projects)||X||N/A||Approve or disapprove experimental projects and the related work plans for the evaluation of the performance of those products and/or processes incorporated into experimental projects, excluding certain work plans.|
|Paragraph 52 (Materials Sampling and Testing Programs)||X||N/A||Approve materials sampling and testing programs developed by the States for use on Federal-aid highway construction projects.|
|Paragraph 53 (Transfers of Funds)||X||N/A||Approve State requests for transfers of funds under the provisions of 23 U.S.C., with certain exceptions.|
|Paragraph 54 (Certification Approvals/ Acceptances and Withholding of Funds)||X||N/A||a. Certification Approvals/Acceptances
(1) General. Except as specified elsewhere in subparagraph a, approve or accept certain certifications submitted by the States pursuant to Federal-aid laws and regulations.
|(2) Certification Acceptance|
|X||N/A||(a) Accept or approve alternate procedures proposed by a State.|
|X||N/A||(b) Rescind or withdraw acceptance or approval of alternate procedures as in paragraph 54a.|
|N/A||X||(3) Certification of Maximum Vehicle Size and Weights. Approve certifications submitted by the States pertaining to maximum vehicle size and weights.|
|X||N/A||b. Compliance Actions. In connection with the certifications in paragraph 54a, notify the States of the possible imposition of sanctions and actions necessary to correct any deficiencies; to impose sanctions for noncompliance as authorized by law except the withholding of FederalÄaid apportionments; and to notify the Office of Budget and Finance that noncompliance, where authorized by law, warrants the withholding of Federal-aid apportionments.|
|Paragraph 64 (Access Highways to Public Recreation Areas on Certain Lakes)||X||N/A||a. Designate routes for access highways to public recreation areas on certain lakes.|
|X||N/A||b. The authorities delegated in Chapter 5 (Federal-Aid) for Federal-aid projects shall apply, as apporpriate, to those projects under 23 U.S.C. that use funds apportioned under 23 U.S.C. 155 that use funds apportioned under 23 U.S.C. 104(b).|
|Paragraph 65 (Supportive Services Program)||X||N/A||c. Approve the States' detailed work statements for the Supportive Services Program.|
|Paragraph 69 (Use of Excess Interstate Construction Funds)||X||N/A||Review and approve State requests relative to the use of excess minimum apportionment Interstate construction funds.|
|Paragraph 70 (Transfer of Excess Interstate Resurfacing, Restoration, Rehabilitation, and Reconstruction 4(R) Funds))||X||N/A||Review and approve requests to transfer funds which are in excess of a State's Interstate 4R needs.|
|Paragraph 73 (Federal Participation Approvals in Previously Incurred Costs)||X||N/A||Approve, at the request of the State concerned and in accordance with 23 CFR 1.9, work and expenditures for Federal participation incurred prior to authorization.|
|* Section 4 (Intelligent Transportation Systems (ITS)) *|
|Paragraph 86 (ITS Projects)||X||N/A||b. Management. Approve specified work products for certain ITS projects funded under Title VI of ISTEA. (Note: Only change is to substitute Division Administrator for Regional Administrator in requirement to ensure certain records are provided to Headquarters.)|
Note: Motor carrier safety functions have transferred to the Federal Motor Carrier Safety Administration. Therefore, these delegations of authority are no longer a part of the FHWA Delegations and Organization Manual.
|Paragraph 1 (General) subparagraphs a and b||X||
a. Investigate compliance with and initiate enforcement proceedings involving the transportation of hazardous materials.
b. Investigate compliance with regulations issued under the Commercial Motor Vehicle Safety Act of 1986, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Bus Regulation Reform Act of 1982, and the Motor Carrier Safety Act of 1984.
|Paragraph 3 (Commencement of Proceedings subparagraph b||X||
b. Initiate certain proceedings relating to driver disqualification. In addition, an obsolete paragraph number is deleted from the 49 CFR 391.11b citation.
|Paragraph 5 (Civil Forfeiture: Claims and Settlement Agreements) subparagraphs a, c, and d||X||
a, c, d. Initiate/issue notices of civil forfeiture claims under 49 U.S.C. 521(b), 49 U.S.C. 5123, and 49 U.S.C. 31138 and 31139. (Note: Based on agreement between OMC and HCC, the redelegation of these authorities to the State Directors is permissive, not mandatory and is subject to policy guidance that is being issued concurrently with this delegation change.)
|Paragraph 6 (Administrative Subpoenas)||X||
Issue administrative subpoenas under 49 U.S.C. 502 in connection with field motor carrier safety inspections and investigations.
|Paragraph 7 (Enforcement of Noise Emission Standards)||X||
Perform the functions, powers, and duties vested in the Administrator under 49 CFR 1.48(p), except for rulemaking, which is reserved to the Administrator.
|Paragraph 8 (Enforcement of Hazardous Materials Regulations)||X||
Enforce hazardous materials regulations issued by the Research and Special Programs Administration as they relate to cargo tank manufacturers, shippers and motor carriers via highway.
|Paragraph 10 (Disqualification Determinations) subparagraph a||X||
a. Issue letters of disqualification to drivers in certain cases.
|Paragraph 11 (Physical Defect Waivers)||X||
Issue waivers of certain physical defects.
|Paragraph 12 (Motor Carrier Safety Assistance Program (MCSAP))||X||
Approve state enforcement plans and grants for State's participation in the MCSAP, approve grant modifications and certify final vouchers supporting the reimbursement of State costs.
|Paragraph 13 (National Driver Register)||X||
Request the chief driver licensing official of a State to obtain certain information from the National Driver Register.