--- kind: "section" citation: "49 C.F.R. § 1.89" title: "49" number: "1.89" heading: "Delegations to the Federal Railroad Administrator." url: "https://uscodex.org/cfr/49/1.89" --- # §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 et seq.), Part D (High-speed Rail, chapter 261), and [section 28101](/cfr/49/28101.md) of Part E, relating to the law enforcement authority of railroad police officers; except [49 U.S.C. 20134](/usc/49/20134.md) 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](/cfr/49/5.md) (as it relates to railroad bridges not over navigable waterways) and [section 8(a)](/cfr/49/8.md?p=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](/usc/33/535c.md) and [535e(a)](/usc/33/535e.md?p=a)). - (e) Exercise the administrative powers vested in the Secretary by 49 U.S.C. Subtitle I, Chapter 5 ([section 501](/cfr/49/501.md) et seq.) pertaining to railroad safety and [49 U.S.C. 103](/usc/49/103.md) (Federal Railroad Administration). - (f) Promote and undertake research and development relating to rail matters generally (49 U.S.C. Chapter 3 ([section 301](/cfr/49/301.md) et seq). and [49 U.S.C. 102](/usc/49/102.md)). - (g) Carry out the functions vested in the Secretary by 45 U.S.C. Ch. 15 ([section 601](/cfr/49/601.md) et seq.) with respect to emergency rail services, except the authority to make findings required by [45 U.S.C. 662(a)](/usc/45/662.md?p=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](/cfr/49/801.md) 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](/cfr/49/1201.md) et seq.) related to the Alaska Railroad transfer. - (j) Except as delegated to the Under Secretary of Transportation for Policy by [§ 1.25](/cfr/49/1.25.md), carry out the functions vested in the Secretary by [49 U.S.C. 5121-5124](/usc/49/5121-5124.md) relating to the transportation or shipment of hazardous materials by railroad. - (k) Carry out the functions vested in the Secretary by [section 7](/cfr/49/7.md) of Executive Order 12580 (delegating sections [108](/cfr/49/108.md) and [109](/cfr/49/109.md), respectively, of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended ([49 U.S.C. 9615](/usc/49/9615.md) et seq.), insofar as they relate to rolling stock. - (l) Carry out the functions vested in the Secretary by [33 U.S.C. 493](/usc/33/493.md), 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](/usc/49/5701.md) 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](/usc/23/322.md) (Magnetic Levitation Transportation Technology Deployment Program). - (o) Carry out the functions vested in the Secretary by [sections 1307](/cfr/49/1307.md) (see note to [23 U.S.C. 322](/usc/23/322.md)), 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](/usc/11/1163.md)), 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](/usc/23/327.md), as it relates to railroad projects. - (r) Carry out the functions vested in the Secretary by the sections [1318(d)](/cfr/49/1318.md?p=d) and [1534](/cfr/49/1534.md) 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)](/cfr/49/2.md?p=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 railroads to operate without approved response plans. ## Notes ### Authority Authority: 49 U.S.C. 322. ### Source Source: 81 FR 19819, Apr. 5, 2016, unless otherwise noted.