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49 U.S.C. § 113 — Federal Motor Carrier Safety Administration

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 113 — Federal Motor Carrier Safety Administration

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Source file: Laws/federal/codes/united-states-code/title-49/section-113-federal-motor-carrier-safety-administration--9203660ffa.md
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Source location: Title 49, Chapter 1, § 113; chapter-001-organization.md

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**(a) In General.—** The Federal Motor Carrier Safety Administration shall be an administration of the Department of Transportation. **(b) Safety as Highest Priority.—** In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in motor carrier transportation. **(c) Administrator.—** The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in motor carrier safety. The Administrator shall report directly to the Secretary of Transportation. **(d) Deputy Administrator.—** The Administration shall have a Deputy Administrator appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. **(e) Chief Safety Officer.—** The Administration shall have an Assistant Federal Motor Carrier Safety Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator. **(f) Powers and Duties.—** The Administrator shall carry out— (1) duties and powers related to motor carriers or motor carrier safety vested in the Secretary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 ([42 U.S.C. 4917](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4917&num=0&edition=prelim); 86 Stat. 1249–1250); except as otherwise delegated by the Secretary to any agency of the Department of Transportation other than the Federal Highway Administration, as of October 8, 1999; and (2) additional duties and powers prescribed by the Secretary. **(g) Limitation on Transfer of Powers and Duties.—** A duty or power specified in subsection (f)(1) may only be transferred to another part of the Department when specifically provided by law. **(h) Effect of Certain Decisions.—** A decision of the Administrator involving a duty or power specified in subsection (f)(1) and involving notice and hearing required by law is administratively final. **(i) Consultation.—** The Administrator shall consult with the Federal Highway Administrator and with the National Highway Traffic Safety Administrator on matters related to highway and motor carrier safety.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 104 — Federal Highway Administration

**(a)** The Federal Highway Administration is an administration in the Department of Transportation. **(b)** (1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation. (2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator. **(c)** The Administrator shall carry out— (1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and (2) additional duties and powers prescribed by the Secretary. **(d)** Notwithstanding the provisions of sections 101(d) and 144 of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4917 — Motor carrier noise emission standards

**(a) Regulations; standards; consultation with Secretary of Transportation** (1) Within nine months after October 27, 1972, the Administrator shall publish proposed noise emission regulations for motor carriers engaged in interstate commerce. Such proposed regulations shall include noise emission standards setting such limits on noise emissions resulting from operation of motor carriers engaged in interstate commerce which reflect the degree of noise reduction achievable through the application of the best available technology, taking into account the cost of compliance. These regulations shall be in addition to any regulations that may be proposed under [section 4905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4905&num=0&edition=prelim). (2) Within ninety days after the publication of such regulations as may be proposed under paragraph (1) of this subsection, and subject to the provisions of [section 4915 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4915&num=0&edition=prelim), the Administrator shall promulgate final regulations. Such regulations may be revised from time to time, in accordance with this subsection. (3) Any standard or regulation, or revision thereof, proposed under this subsection shall be promulgated only after consultation with the Secretary of Transportation in order to assure appropriate consideration for safety and technological availability. (4) Any regulation or revision thereof promulgated under this subsection shall take effect after such period as the Administrator finds necessary, after consultation with the Secretary of Transportation, to permit the development and application of the requisite technology, giving appropriate consideration to the

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4917 — Motor carrier noise emission standards

Page 6254 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4917 emission regulations for surface carriers en- gaged in interstate commerce by railroad. Such proposed regulations shall include noise emis- sion standards setting such limits on noise emis- sions resulting from operation of the equipment and facilities of surface carriers engaged in interstate commerce by railroad which reflect the degree of noise reduction achievable through the application of the best available technology, taking into account the cost of compliance. These regulations shall be in addition to any regulations that may be proposed under section 4905 of this title. (2) Within ninety days after the publication of such regulations as may be proposed under para- graph (1) of this subsection, and subject to the provisions of section 4915 of this title, the Ad- ministrator shall promulgate final regulations. Such regulations may be revised, from time to time, in accordance with this subsection. (3) Any standard or regulation, or revision thereof, proposed under this subsection shall be promulgated only after consultation with the Secretary of Transportation in order to assure appropriate consideration for safety and techno- logical availability. (4) Any regulation or revision thereof promul- gated under this subsection shall take effect after such period as the Administrator finds nec- essary, after consultation with the Secretary of Transportation, to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compli- ance within such period. (b) Regulations to insure compliance with noise emission standards The Secretary of Transportation, after con- sultation with the Administrator, shall promul- gate regulations to insur

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 113 — Federal Motor Carrier Safety Administra-

Page 59 TITLE 49—TRANSPORTATION § 113 Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–324, title XI, § 1131, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 105–130, § 4(b)(1), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105–178, title V, § 5109(a), June 9, 1998, 112 Stat. 437; Pub. L. 108–426, § 3(a), (b), Nov. 30, 2004, 118 Stat. 2424, 2425; Pub. L. 109–59, title V, § 5601(a), Aug. 10, 2005, 119 Stat. 1833, es- tablished the Bureau of Transportation Statistics. See chapter 63 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. [§ 112. Repealed. Pub. L. 114–94, div. A, title VI, § 6012(a), Dec. 4, 2015, 129 Stat. 1570] Section, added Pub. L. 102–508, title IV, § 401(a), Oct. 24, 1992, 106 Stat. 3310; amended Pub. L. 103–429, § 6(1), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 108–426, § 4(a), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title VII, § 7301, Aug. 10, 2005, 119 Stat. 1914; Pub. L. 112–141, div. E, title II, § 52012, July 6, 2012, 126 Stat. 896; Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, related to estab- lishment of the Research and Innovative Technology Administration, whose functions were subsequently transferred to the Office of the Assistant Secretary for Research and Technology of the Department of Trans- portation. See Transfer of Duties and Powers note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. TRANSFER

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