office of the secretary of transportation §1 · office of the secretary of transportation §1.41...

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Office of the Secretary of Transportation § 1.41

the general supervision of the Sec-retary and Deputy Secretary. In ac-cordance with the statutory intent ofthe Inspector General Act to create anindependent and objective unit, the In-spector General is authorized to makesuch investigations and reports relat-ing to the administration of the pro-grams and operations of the Depart-ment as are, in the judgment of the In-spector General, necessary and desir-able. Neither the Secretary nor theDeputy Secretary shall prevent or pro-hibit the Inspector General from initi-ating, carrying out, or completing anyaudit or investigation, or from issuingany subpoena during the course of anyaudit or investigation.

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975, asamended by Amdt. 1–157, 45 FR 83404, Dec. 18,1980]

§ 1.25 Relationships.(a) Normal staff role. Normally, the

functions of the Assistant Secretariesare staff and advisory in nature. In per-forming their functions, the AssistantSecretaries are responsible for continu-ing liaison and coordination amongthemselves and with the operating ad-ministrations to:

(1) Avoid unnecessary duplication ofeffort by or in conflict with the per-formance of similar activities by theoperating administrations and theother Assistant Secretaries pursuantto their Secretarial delegations of au-thority; and

(2) Assure that the views of the oper-ating administrations are considered indeveloping Departmental policies,plans, and proposals.The Assistant Secretaries are alsoavailable to assist, as appropriate, theoperating administrations in imple-menting Departmental policy and pro-grams. As primary staff advisors to theSecretary, the Assistant Secretariesare concerned with transportationmatters of the broadest scope, includ-ing modal, intermodal, and other mat-ters of Secretarial interest.

(b) Exceptions. There are exceptionsto the normal staff role described inparagraph (a) of this section. In se-lected instances, the Secretary has spe-cifically delegated to Assistant Sec-retaries authority which they may ex-ercise on the Secretary’s behalf. For

example, the Secretary has delegatedauthority to the Assistant Secretaryfor Transportation Policy and the As-sistant Secretary for Aviation andInternational Affairs, as appropriate,to decide on most requests to interveneor appear before administrative agen-cies, subject to the concurrence of theGeneral Counsel. Also, from time totime, activities of an operational char-acter may be delegated to an AssistantSecretary when the nature of the func-tion or its stage of development makesit untimely to effect assignment to anoperating administration.

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975, asamended by Amdt. 1–157, 45 FR 83405, Dec. 18,1980; Amdt. 1–261, 59 FR 10063, Mar. 3, 1994]

§ 1.26 Secretarial succession.(a) The following officials, in the

order indicated, shall act as Secretaryof Transportation, in case of the ab-sence or disability of the Secretary,until the absence or disability ceases,or, in case of a vacancy, until a succes-sor is appointed:

(1) Deputy Secretary.(2) General Counsel.(3) Assistant Secretary for Transpor-

tation Policy.(4) Assistant Secretary for Aviation

and International Affairs.(5) Assistant Secretary for Govern-

mental Affairs.(6) Assistant Secretary for Budget

and Programs.(7) Associate Deputy Secretary.(8) Federal Aviation Administrator.(9) Assistant Secretary for Adminis-

tration.(b) Without regard to the foregoing, a

person directed to perform the dutiesof the Secretary pursuant to 5 U.S.C.3347 shall act as Secretary of Transpor-tation.

[Amdt. 1–157, 45 FR 83405, Dec. 18, 1980, asamended by Amdt. 1–184, 48 FR 44079, Sept.27, 1983; Amdt. 1–261, 59 FR 10063, Mar. 3, 1994;Amdt. 1–291, 62 FR 55357, Oct. 24, 1997]

Subpart C—Delegations§ 1.41 Purpose.

(a) Except as provided in paragraph(b) of this section, this subpart pro-vides for the exercise of the powers andperformance of the duties vested in theSecretary of Transportation by law.

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49 CFR Subtitle A (10–1–98 Edition)§ 1.42

(b) For delegations of authority vest-ed in the Secretary by Executive Order11652 originally to classify documentsas secret or confidential, see § 8.11 ofthis subtitle.

§ 1.42 Exercise of authority.In exercising powers and performing

duties delegated by this subpart or re-delegated pursuant thereto, officials ofthe Department of Transportation aregoverned by applicable laws, Executiveorders and regulations and by policies,objectives, plans, standards, proce-dures, and limitations as may be issuedfrom time to time by or on behalf ofthe Secretary, or, with respect to mat-ters under their jurisdictions, by or onbehalf of the Deputy Secretary, an As-sistant Secretary, the Inspector Gen-eral, the General Counsel, or an Ad-ministrator. This includes, whereverspecified, the requirement for advancenotice to, prior coordination with, orprior approval by an authority otherthan that of the official proposing toact.

[Amdt. 1–114, 41 FR 1288, Jan. 7, 1976, asamended by Amdt. 1–157, 45 FR 83405, Dec. 18,1980]

§ 1.43 General limitations and reserva-tions.

(a) All powers and duties that are notdelegated by the Secretary in this sub-part, or otherwise vested in officialsother than the Secretary, are reservedto the Secretary. Except as otherwiseprovided, the Secretary may exercisepowers and duties delegated or as-signed to officials other than the Sec-retary.

(b) Except as provided in § 1.42 andsubject to paragraph (a) of this sectionand § 1.44, the Deputy Secretary, theAssistant Secretaries, the InspectorGeneral, the General Counsel, and theAdministrators exercise the powers andperform the duties delegated to themunder this subpart.

(c) Notwithstanding the provisions ofparagraph (a), the delegation of author-ity in § 1.56b of this title to the Des-ignated Senior Career Official in theOffice of the Assistant Secretary forAviation and International Affairs tomake decisions in certain aviationhearing cases is exclusive, and may notbe exercised by any other Depart-

mental official, including the Sec-retary. The Secretary reserves (anddelegates to the Assistant Secretaryfor Aviation and International Affairs)only the authority to make discre-tionary review of any such decision andto approve it or to remand it for recon-sideration by the Designated SeniorCareer Official, with a full written ex-planation of the basis for the remand.

[Amdt. 1–157, 45 FR 83405, Dec. 18, 1980, asamended by Amdt. 1–199, 49 FR 50996, Dec. 31,1984; Amdt. 1–261, 59 FR 10061, 10063, Mar. 3,1994]

§ 1.44 Reservation of authority.

The delegations of authority in §§ 1.45through 1.53 and §§ 1.66 and § 1.67 do notextend to the following actions, au-thority for which is reserved to theSecretary or the Secretary’s delegateewithin the Office of the Secretary:

(a) General transportation matters. (1)Transportation leadership authorityunder section 4(a) of the Department ofTransportation Act (49 U.S.C. 1653(a)).

(2) Functions relating to transpor-tation activities, plans, and programsunder section 4(g) of the Department ofTransportation Act (49 U.S.C. 1653(g)).

(3) Authority to develop, prepare, co-ordinate, transmit, and revise trans-portation investment standards andcriteria under section 7 of the Depart-ment of Transportation Act (49 U.S.C.1656).

(4) Authority relating to standardtime zones and advanced (daylight)time (15 U.S.C. 260 et seq.).

(5) Authority related to nationaltransportation policy under section 3of the Airport and Airway Develop-ment Act of 1970 (84 Stat. 219).

(b) Legislation and reports. (1) Submis-sion to the President, the Director ofthe Office of Management and Budget,or the Congress of proposals or rec-ommendations for legislation, Execu-tive orders, proclamations or reorga-nization plans or other Presidential ac-tion.

(2) Submission to Congress or thePresident of any report or any pro-posed transportation policy or invest-ment standards or criteria, except withthe prior written approval of the Sec-retary.


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(3) Submission of the annual state-ment on systems of internal account-ing and administrative control underthe Federal Managers’ Financial Integ-rity Act of 1982 (Pub. L. 97–255).

(c) Budget and finance. (1) Approvaland submission to the Office of Man-agement and Budget of original oramended budget estimates or requestsfor allocations of personnel ceiling (31U.S.C. 22–24).

(2) Approval of requests for legisla-tion which, if enacted, would authorizesubsequent appropriations for the De-partment (31 U.S.C. 581b).

(3) Transfer of the balance of an ap-propriation from one operating ele-ment to another within the Depart-ment (31 U.S.C. 581c).

(4) Submission to the Director of theOffice of Management and Budget ofrequests for the transfer of the balanceor portions of an appropriation fromone element to another within the De-partment (31 U.S.C. 665).

(d) Interventions and appearances. Ex-cept with respect to proceedings relat-ing to safety fitness of an applicant (49U.S.C. 1653(e)), the making of decisionson requests to intervene or appear be-fore courts and administrative agenciesto present the views of the Depart-ment.

(e) Personnel. (1) Recommendations tothe Civil Service Commission of the al-location of a position to GS–16, 17, or 18or an equivalent level (5 U.S.C. 5108).

(2) Recommendations to the CivilService Commission of approval of thequalifications of any candidate for aposition at grade GS–16, 17, or 18 or anequivalent level (5 U.S.C. 3324), or to anexecutive level position.

(3) Recommendations to the CivilService Commission of a Lump-SumIncentive Award in Excess of $5,000 (5U.S.C. 4502).

(4) Approval of the following actionsrelating to Schedules A, B, and C andnoncareer executive assignment posi-tions or incumbents, except for actionsunder Schedules A and B limited to oneyear or less at grade GS–9 or lower, oran equivalent level:

(i) Establishment or abolition of po-sitions;

(ii) Hires;(iii) Promotions other than quality

and periodic within-grade promotions;

(iv) Transfer of personnel to ScheduleA, B, or C positions or non-career exec-utive assignment positions, either per-manently or on detail; and

(v) Transfer of personnel from Sched-ule A, B, or C or non-career executiveassignment positions to career CivilService positions.

(5) Approval of employment of ex-perts or consultants.

(6) Authority relating to scientificand professional positions under sec-tion 6(a) (5) of the Department ofTransportation Act (49 U.S.C.1655(a)(5)).

(7) Authority to determine the maxi-mum limit of age for appointment ofair traffic controllers as provided by 5U.S.C. 3307(b) (86 Stat. 141).

(8) Authority to develop, coordinate,and issue wage schedules under theFederal Wage system, except as dele-gated to the Commandant of the CoastGuard at § 1.46.

(f) Security. (1) Suspension or removalof an employee from a position in theDepartment for security reasons underExecutive Order 10450 (3 CFR, 1949–53Comp., p. 936) or the employment inthe Department of a person who waspreviously separated for security rea-sons from any Federal agency.

(2) Authorizing the filling of a criti-cal-sensitive position for a limited pe-riod by a person on whom apreappointment full field investigationhas not been completed (ExecutiveOrder 10450).

(3) Requesting Presidential approvalof a claim of executive privilege withrespect to information requested by acongressional committee or Member ofCongress.

(4) Making determinations prescribedby sections 4(a)(2)(B), 4(b)(3), 5(b), and 9of Executive Order 10865 (3 CFR, 1959–63Comp., p. 398) relating to the adjudica-tion and final denial of access to classi-fied information to industry personnel.

(5) Making those determinations ordelegations prescribed by sections 2(B)(3), 5(E) (1) and (2) of Executive Order11652 (37 FR 5209, March 10, 1972) whichare reserved to the head of the Depart-ment.

(g) Procurement. Exercise of the ex-traordinary authority for defense con-tracts provided for in Public Law 85–804(50 U.S.C. 1431–1435), and considerations


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and decisions on contract appeals andother matters pursuant to the Depart-ment of Transportation Contract Ap-peals Regulations (41 CFR part 12–60).

(h) Printing. Requesting approval ofthe Joint Committee on Printing forany procurement or other action re-quiring Committee approval.

(i) Interagency agreements. Executionof any written interdepartmental orinteragency agreement with the headof another executive department oragency.

(j) Withholding of funds. Withholdingor suspension of Federal-Aid Highwayfunds on a state-wide basis and thewaiver or compromise of such with-holding or suspension, except for theadministration of 23 U.S.C. 141 and 154,which are specifically delegated in§ 1.48(b) (23) and (28) and in § 1.50(i) (1)and (2).

(k) Alaska Railroad. Extension orabandonment of railroad service.

(l) National Highway Safety AdvisoryCommittee. Directing the NationalHighway Safety Advisory Committeeto meet (23 U.S.C. 404(c)).

(m) Coast Guard. The following pow-ers relating to the Coast Guard:

(1) Appointment of Advisory Commit-tee to the Academy (14 U.S.C. 193).

(2) Fixing date for visit to Academyby Board of Visitors (14 U.S.C. 194(b)).

(3)–(4) [Reserved](5) Responsibility for supervising ac-

tivities of Reserve components (10U.S.C. 264(b)).

(6) Convening General Courts-Martialunder the personal authority grantedby law (10 U.S.C. 822(a)(2)).

(7) Approval of execution of a sen-tence dismissing a commissioned offi-cer or cadet (10 U.S.C. 871(b)).

(8) Approval of vacation of a suspen-sion of dismissal (10 U.S.C. 872(b)).

(9) Establishing procedures for thecorrection of military records (10U.S.C. 1552(a)).

(10) Establishing a Discharge ReviewBoard under 10 U.S.C. 1553 and review-ing and taking final action on its find-ings in the following cases:

(i) Those cases in which a minority ofthe Board requests that their writtenopinion be forwarded to the Secretaryfor consideration;

(ii) Those cases selected by the Com-mandant to inform the Secretary of as-

pects of the Board’s functions whichmay be of interest to the Secretary;

(iii) Any case in which the Secretarydemonstrates an interest; and

(iv) Any case which the president ofthe Board believes is of significant in-terest to the Secretary.

(11) [Reserved](12) Substitute administrative dis-

charge for dismissal of an officer under10 U.S.C. 804 (a) and (b).

(13) Designation of commanding offi-cers and officers in charge who mayconvene general, special and summarycourts-martial. (10 U.S.C. 822(a)(6),823(a)(7), and 824(a)(4).

(14) In time of war certify cases toPresident to extend statute of limita-tions until after termination of hos-tilities. (10 U.S.C. 843(e)).

(15) Direct Judge Advocate Generalto establish branch office. (10 U.S.C.868).

(16) Designate officers authorized toremit or suspend any part of amount ofunexecuted part of any sentence. (10U.S.C. 874(a)).

(17) Substitute administrative formof discharge for discharge or dismissalexecuted in accordance with sentenceof court-martial (10 U.S.C. 874(b)).

(18) Substitute administrative dis-charge for previously executed sen-tence of dismissal when dismissal notimposed at new trial. (10 U.S.C. 875(c)).

(19) Designate persons to convenecourts of inquiry. (10 U.S.C. 935(a)).

(n) Automatic data processing. Ap-proval authority relating to automaticdata processing equipment and servicesas delimited by DOT 1370.2A, Procure-ment of Automatic Data ProcessingEquipment and Services, of 7.22.70.

(o) Deepwater ports. The authority toissue, transfer, or amend a license forthe construction and operation of adeepwater port (33 U.S.C. 1503(b)).

(p) [Reserved](q) Review and finality of actions by

Maritime Subsidy Board. (1) Review ofany decision, report, and/or order ofthe Maritime Subsidy Board, as de-scribed in 46 CFR part 202, as amended.

(r) Approval of cash purchases of pas-senger transportation. The authorityunder FPMR G–72, as amended, to au-thorize and approve cash purchases for


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emergency passenger transportationservices costing more than $100.

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]

EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting § 1.44, see the List of CFRSections Affected in the Finding Aids sec-tion of this volume.

§ 1.45 Delegations to all Administra-tors.

(a) Except as prescribed by the Sec-retary of Transportation, each Admin-istrator is authorized to:

(1) Exercise the authority of the Sec-retary over and with respect to anypersonnel within their respective orga-nizations.

(2) Exercise the authority of the Sec-retary as executive head of a depart-ment, under any statute, Executiveorder or regulation.

(3) Request the Attorney General toapprove the award, compromise, or set-tlement of any tort claim for anamount exceeding $100,000 (excludinginterest) (28 U.S.C. 2672).

(4) Carry out the functions vested inthe Secretary concerning environ-mental enhancement by 49 U.S.C. 303.

(5) Carry out the emergency pre-paredness functions assigned to theSecretary by Executive Order 12656 andby the Federal Emergency Manage-ment Agency, General Services Admin-istration (FEMA/GSA) as they pertainto his administration, including thoserelating to continuity of operations,emergency resource management, asso-ciated Federal claimant procedures, fa-cilities protection and warfare effectsmonitoring and reporting, research,stockpiling, financial aid, and training.

(6) Enter into inter- andintradepartmental reimbursable agree-ments other than with the head of an-other department or agency (31 U.S.C.686). This authority may be redelegatedonly to Office Directors, Regional Di-rectors, District Commanders or othercomparable levels and Contracting Of-ficers.

(7) Determine the existence andamount of indebtedness and the meth-od of collecting repayments from em-ployees and members within their re-spective administrations and collectrepayments accordingly, as provided by5 U.S.C. 5514. Redelegation of this au-thority may be made only to the prin-

cipal officials responsible for financialmanagement or such officials’ prin-cipal assistants.

(8) Waive claims and make refunds inconnection with claims of the UnitedStates for erroneous payment of payand allowances or of travel, transpor-tation, and relocation expenses and al-lowances in amounts aggregating notmore than $1,500 without regard to anyrepayments, and deny requests forwaiver of such claims regardless of theaggregate amount of the claim, as pro-vided by 4 CFR parts 91, 92, and 93. Re-delegation of this authority may bemade only to the level of Regional Di-rector or District Commander.

(9) Settle and pay claims by employ-ees for personal property losses as pro-vided by 31 U.S.C. 3721. This authoritymay be redelegated only to Office Di-rectors, Regional Directors, DistrictCommanders, or other comparable lev-els and to those individuals that reportto the above officials.

(10) Exercise the authority of theSecretary to resolve informal allega-tions of discrimination arising in or re-lating to their respective organizationsthrough Equal Employment Oppor-tunity counseling or the AlternativeDispute Resolution process and to de-velop and implement affirmative ac-tion and diversity plans within theirrespective organizations. With regardto external civil rights programs, eachAdministrator exercises authority pur-suant to statutes, regulations, execu-tive orders, or delegations in subpart Cof this part to carry out these pro-grams, under the general policy guid-ance of the Director of the Depart-mental Office of Civil Rights, includingconducting compliance reviews andother activities relating to the enforce-ment of these statutes, regulations,and executive orders.

(11) Review and approve for paymentany voucher for $25 or less the author-ity for payment of which is questionedby a certifying or disbursing officer.

(12) Authorize and approve officialnon-foreign travel and transportationfor themselves, their subordinates, andothers performing services for, or in co-operation with, their operating admin-istrations. Additionally, heads of oper-ating administrations, through a re-delegation from the Deputy Secretary,


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may authorize and approve routineoperational foreign travel, as definedin DOT 1500.6A, Travel Manual, of 1–2–85. These authorities may be redele-gated in accordance with regulationsissued by the Assistant Secretary forAdministration.

(13) Exercise the authority of theSecretary to make certifications, find-ings and determinations under the Reg-ulatory Flexibility Act (Pub. L. 96–354)with regard to any rulemaking docu-ment for which issuance authority isdelegated by other sections in thispart. This authority may be redele-gated to those officials to whom docu-ment issuance authority has been dele-gated.

(14) Carry out the functions vested inthe Secretary by section 2 of the Fed-eral Technology Transfer Act of 1986,(Pub. L. No. 99–502; 15 U.S.C. 3710a),which authorizes agencies to permittheir laboratories to enter into cooper-ative research and development agree-ments.

(15) Compromise, suspend collectionaction on, or terminate claims of theUnited States not exceeding $100,000(excluding interest) that are referredto, or arise out of the activities of, hisor her Operating Administration;

(16) Compromise, suspend collectionaction on, or terminate claims againstthe United States not exceeding$100,000 (excluding interest) that are re-ferred to, or arise out of the activitiesof, his or her Operating Administra-tion; provided that when the Adminis-trator believes that a claim against theUnited States presents a novel ques-tion of law or of policy, he or she shallobtain the advice of the Assistant At-torney General in charge of the CivilDivision; and provided further thatwhenever he or she settles any admin-istrative claim against the UnitedStates for an amount in excess of$50,000, the Administrator shall preparea memorandum fully explaining thebasis for the action taken and send acopy of the memorandum to the Direc-tor, Federal Torts Claims Act Staff,Torts Branch of the Civil Division, U.S.Department of Justice.

(17) Enter into memoranda of under-standing with the Occupational Safetyand Health Administration (OSHA) inregard to setting and enforcing occupa-

tional safety or health standards foremployees in DOT-regulated industries.The General Counsel shall concur ineach memorandum of understandingwith OSHA prior to its execution bythe Administrator of the operating ad-ministration concerned.

(18) Exercise the authority vested inthe Secretary by Section 329A of theDepartment of Transportation and Re-lated Agencies Appropriations Act,1995, Pub. L. No. 103–331, § 329A, 108Stat. 2471, 2493 (September 30, 1994), toenter into grants, cooperative agree-ments, and other transactions with anyperson, agency, or instrumentality ofthe United States, any unit of state orlocal government, any educational in-stitution, and any other entity in exe-cution of the Technology ReinvestmentProject authorized under the DefenseConversion, Reinvestment, and Transi-tion Assistance Act of 1992, Pub. L. No.102–484, 106 Stat. 2658 (October 23, 1992),and related legislation.

(b) Except as otherwise specificallyprovided, each official to whom author-ity is granted by §§ 1.45 through 1.53,1.66, and 1.68 may redelegate and au-thorize successive redelegations of thatauthority within the organizationunder that official’s jurisdiction.

(c) Except as provided in §§ 1.48 and1.59 and 49 CFR 25.302, the functions,powers, and duties of the Secretary ofTransportation, with respect to theUniform Relocation Assistance andReal Property Acquisition Act of 1970,Public Law 91–646, 84 Stat. 1984, are del-egated to:

(1) The head of each of the followingOperating Administrations with re-spect to programs administered bytheir respective organizations:

(i) U.S. Coast Guard;(ii) Federal Aviation Administration;(iii) Federal Highway Administra-

tion;(iv) Federal Railroad Administration;(v) Urban Mass Transportation Ad-

ministration;(vi) National Highway Traffic Safety

Administration;(vii) St. Lawrence Seaway Develop-

ment Corporation; and(viii) Maritime Administration.(2) [Reserved](d) Each office to whom authority is

delegated by either § 1.45(c) or § 1.59(p)


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may redelegate and authorize succes-sive redelegations of that authoritywithin the organization under the Ad-ministrators’ or Assistant Secretaryfor Administration’s jurisdiction.

(e) Each office to whom authority isdelegated by either § 1.45(c) or § 1.59(p)may prescribe additional procedures,requirements and regulations that areappropriate to the particular programsadministered by the preparing official’sorganization, provided:

(1) Any such additional guidance isnot inconsistent with the Act, 49 CFRpart 25 or subpart C of this manual;

(2) Any such additional guidance isapproved prior to issuance by the Fed-eral government’s designated leadagency, the Federal Highway Adminis-tration (see § 1.48(cc)), in coordinationwith the Assistant Secretary for Trans-portation Policy.

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]


§ 1.46 Delegations to Commandant ofthe Coast Guard.

The Commandant of the Coast Guardis delegated authority to:

(a) [Reserved](b) Carry out all the activities of the

Coast Guard, including, but not limitedto, law enforcement, safety of life andproperty at sea (excluding 46 U.S.C. 170(7), (10) and (11)), aids to navigation,search and rescue, icebreaking, oceano-graphic research and military readi-ness functions (49 U.S.C. 1655(b)(1)).

(c) Carry out the following laws re-lating generally to water vessel an-chorages, drawbridge operating, regula-tions, obstructive bridges, pollution ofthe sea by oil and the locations andclearances of bridges and causewaysover the navigable waters of the UnitedStates:

(1) Section 7 of the Act of March 4,1915, as amended (38 Stat. 1053; 33U.S.C. 471);

(2) Section 5 of the Act of August 18,1894, as amended (28 Stat. 362; 33 U.S.C.499);

(3) The Act of June 21, 1940, asamended (54 Stat. 497; 33 U.S.C. 511 etseq.);

(4) The Oil Pollution Act, 1961, asamended (75 Stat. 402; 33 U.S.C. 1001 etseq.);

(5) Sections 9 and 18 of the Act ofMarch 3, 1899, as amended (30 Stat. 1151;33 U.S.C. 401, 502);

(6) The Act of March 23, 1906, asamended (34 Stat. 84, 33 U.S.C. 491 etseq.) except section 3 (33 U.S.C. 493) andthat portion of section 4 (33 U.S.C. 494)that relates to tolls.

(7) The General Bridge Act of 1946, asamended (60 Stat. 847, 33 U.S.C. 525 etseq.) except sections 502(c) and 503.

(d) Carry out the functions vested inthe Secretary by the Vessel Docu-mentation Act (94 Stat. 3453, 46 U.S.C.65a et seq.) and the Tonnage Measure-ment Simplification Act (94 Stat. 3461,46 U.S.C. 71 et seq.), and the functionsassigned to the Secretary by ExecutiveOrder 12419 relating to admeasurementof ships; and carry out ReorganizationPlan No. 1 of 1967, relating to shipmortgages.

(e) Request the Secretary of the Navyto build at naval shipyards CoastGuard vessels not normally or eco-nomically obtainable from private con-tractors (14 U.S.C. 145(a)(1)).

(f) Administer Executive Order 11459(34 FR 5057), relating to approval ofcontainers for transport under Customsseal.

(g) Exchange information, throughthe Secretary of State, with foreigngovernments on matters dealing withthe safety of life and property at sea,other than radio communications, butnot including the submission of sugges-tions to the Secretary of State oninternational collaboration and con-ferences (14 U.S.C. 142).

(h) Exchange personnel, vessels, fa-cilities, and equipment with the Sec-retary of the Navy to facilitate oper-ational readiness for wartime servicewith the Navy, and agree to undertakesuch assignments and functions for themutual benefit of the Navy and CoastGuard as are necessary and advisable,except with respect to those exchangesand agreements which, in the Com-mandant’s judgment, may have sub-stantial political impact or adverselyaffect mission performance (14 U.S.C.145(c)).


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(i) Approve retention of a rear admi-ral on active duty for a period not ex-ceeding one year (14 U.S.C. 290(b)).

(j) Through the Chief Counsel, U.S.Coast Guard, settle and pay claimsagainst the United States as providedby 10 U.S.C. 2733.

(k) Award life-saving medals andmilitary decorations (except the Medalof Honor, the Distinguished ServiceMedal, and the Legion of Merit) andcarry out the laws and Executive or-ders relating to those awards (14 U.S.C.492a, 493, 494, 496, 497, 498, 500, 501, 502;Executive Order 4601, Mar. 1, 1926, asamended by Executive Order 7786 (3 FR39); Executive Order 9158 (7 FR 3541), asamended by Executive Order 9242A (7FR 7874); Executive Order 10637 (20 FR7025); Executive Order 11016 (27 FR4139); Executive Order 11046 (27 FR8575); Executive Order 11448 (34 FR915)).

(l) Carry out the functions vested inthe Secretary by sections 104(i), 104(j),311(b), 311(j) (2) and (3), 311(m)(2), 312,and 402(b)(6) of the Federal Water Pol-lution Control Act (33 U.S.C. 1321), asamended by the Oil Pollution Act of1990 (August 18, 1990; Pub L. 101–380; 104Stat. 484), and sections 4202(b) (2) and(3) of the Oil Pollution Act of 1990.

(m) Carry out the functions assignedto the Secretary by Executive Order12777 (3 CFR, 1991 Comp.; 56 FR 54757) insections 1(b), 2(a), 2(b)(2), 2(c), 2(d)(2),2(e)(2), 2(f), 2(g)(2), 3, 5(a)(2), 5(b)(1) and(3), 6, 7(a) (1) and (3), 7(b), 7(c), 7(d),8(d), 8(f), 8(g), 8(h), 9, and 10(c), except-ing that portion of section 2(b)(2) relat-ing to the establishment of procedures,methods, and equipment and other re-quirements for equipment to preventand to contain discharges of oil andhazardous substances from pipelines,motor carriers, and railroads; and fur-ther excepting the exercise of the au-thority in section 2(d)(2) over motorcarriers and railroads, other than foroperations incident to the transfer ofoil or hazardous substances to or fromvessels, and the exercise of the author-ity in section 2(d)(2) over pipelines.

(n) Carry out the functions vested inthe Secretary by the following stat-utes:

(1) Federal Boat Safety Act of 1971 (85Stat. 213);

(2) Vessel Bridge-to-Bridge Radio-Telephone Act (85 Stat. 164);

(3) Public Law 92–339, relating to thelicensing of personnel on certain tow-ing vessels (86 Stat. 423);

(4) Port and Tanker Safety Act of1978 (92 Stat. 1471), except sections 4, 5,6, 7, 8, 12 and 13 of Sec. 2 to the extentthat those sections pertain to the oper-ation of the St. Lawrence Seaway;

(5) Sections 104 (a) and (g), 107(c), 108,201, and 302(a) of the Marine Protec-tion, Research, and Sanctuaries Act of1972 (Pub. L. 92–532) relating to oceandumping;

(6) International Voyage Load LineAct of 1973 (Pub. L. 93–115);

(7) Intervention on the High Seas Act(Pub. L. 93–248) except section 13(a);

(8) Public Law 93–524 (88 Stat. 1694)which relates to waste materials onvessels (46 U.S.C. 77(e));

(9) Public Law 94–85 (89 Stat. 426),which relates to carriage of additionalpassengers on documented vessels inemergency situations;

(10)(i) Section 304(a)(1) of the Inde-pendent Safety Board Act of 1974 (49U.S.C. 1903(a)(1)) insofar as it relates tothe promulgation of joint regulationswith the National Transportation Safe-ty Board (NTSB) governing investiga-tions of major marine casualties andcasualties involving public and non-public vessels, and the conduct of acci-dent investigations upon request of theBoard;

(ii) Section 307 of the IndependentSafety Board Act of 1974 (49 U.S.C. 1906)insofar as it relates to responses toNTSB recommendations regarding ma-rine casualties;

(11) International Navigational RulesAct of 1977 (Pub. L. 95–75, 91 Stat. 308);

(12) International Safe Container Act(Pub. L. 95–208, 91 Stat. 1475), exceptsection 4(e);

(13) 14 U.S.C. 195, relating to instruc-tion of foreign nationals at the CoastGuard academy; and

(14) Inland Navigational Rules Act of1980 (Pub. L. 96–591).

(o) Carry out the functions vested inthe Secretary by 14 U.S.C. 475 and Ex-ecutive Order 11645, 3 CFR 371 (1973), 37FR 2923, February 10, 1972, relating tothe rental of housing facilities at ornear Coast Guard installations.


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(p) Carry out the functions vested inthe Secretary by Public Law 92–425 andExecutive Order 11687 (37 FR 21479), re-lating to the Retired Serviceman’s Sur-vivor Benefit Plan.

(q) Carry out the functions vested inthe Secretary by section 5 of the Inter-national Bridge Act of 1972 (Pub. L. 92–434) as it relates to navigable water-ways other than the St. LawrenceRiver.

(r) Carry out the functions vested inthe Secretary by 14 U.S.C. 657, relatingto schooling and transportation toschools for dependents of Coast Guardpersonnel.

(s) Carry out the following powersand duties vested in the Secretary bythe Deepwater Port Act of 1974, asamended (33 U.S.C. 1501–1524):

(1) The authority to process applica-tions for the issuance, transfer oramendment of a license for the con-struction and operation of a deepwaterport (33 U.S.C. 1503(b)) in coordinationwith the Administrator of the Mari-time Administration.

(2) Carry out other functions and re-sponsibilities vested in the Secretaryby the Deepwater Port Act of 1974, asamended (33 U.S.C. 1501–1524), except asreserved by § 1.44(o) and delegated by§§ 1.53(a)(3) and 1.66(aa).

(t) Carry out the functions vested inthe Secretary by 49 App. U.S.C. 1801–1819, and 46 App. U.S.C. 3306(a)(5) to theextent they relate to regulations andexemptions governing the bulk trans-portation of hazardous materials thatare loaded or carried on board a vesselwithout benefit of containers or labels,and received and handled by the vesselcarrier without mark or count, andregulations and exemptions governingships’ stores and supplies.

(u) Carry out the functions vested inthe Secretary by 49 U.S.C. 1808(a), (b),and (c) and 1809 and 1810, relating to in-vestigations, records, inspections, pen-alties, and specific relief, so far as theyapply to the transportation or ship-ment of hazardous materials by water.

(v) Carry out the functions vested inthe Secretary by the Magnuson Fish-ery Conservation and Management Act(Pub. L. 94–265, as amended; 16 U.S.C.1801 et seq.) except that the authorityto approve seizure of a foreign vesselmay not be redelegated and shall be ex-

ercised in each instance only after con-sultation with the Department ofState.

(w) Issue wage schedules for trades,crafts, and laboring employees in non-appropriated fund activities.

(x) Carry out the functions vested inthe Secretary by 10 U.S.C. 2683 insofaras it relates to the relinquishment to astate of legislative jurisdiction of theUnited States over lands and interestsunder the control of the Coast Guard inthat state.

(y) Carry out the functions and re-sponsibilities vested in the Secretaryby the Natural Gas Pipeline Safety Actof 1968, as amended (49 U.S.C. 1671 etseq.) relating to rulemaking so far as itapplies to liquefied natural gas facili-ties adjacent to the navigable waters ofthe United States: Provided, That suchrulemaking is in accordance with theMemorandum of Understanding be-tween the Coast Guard and MaterialsTransportation Bureau executed onFebruary 7, 1978, for regulation of suchfacilities.

(z) Carry out the functions vested inthe Secretary by the Outer ContinentalShelf Lands Act (43 U.S.C. 1331 et seq.),as amended, title VI of the Outer Con-tinental Shelf Lands Act Amendmentsof 1978 (September 18, 1978; Pub. L. 95–372; 92 Stat. 629), except as delegated by§ 1.53(a)(6).

(aa) Carry out the functions vested inthe Secretary by the Federal Land Pol-icy and Management Act of 1976 (43U.S.C. 1714(i)) for lands under the ad-ministration of the U.S. Coast Guard.

(bb) Carry out the functions vested inthe Secretary by the Act of September10, 1976 (90 Stat. 1236, 46 U.S.C. 420) re-lating to the issuance of permits ex-empting specific cargo-carrying vesselsoperating within the State of Alaskafrom all or part of 46 U.S.C. 88, 391,391a, and 404 and the regulations issuedthereunder.

(cc) Carry out the requirements ofsection 146 of the Surface Transpor-tation Assistance Act of 1978 (Pub. L.95–599, 92 Stat. 2689) relating to foreign–built hovercraft in Alaska.

(dd) Exercise all functions of theGeneral Services Administrator per-taining to the acquisition of specialpurpose space in urban centers, as de-fined in 41 CFR 101–18.102, to house U.S.


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Coast Guard Recruiting Offices pursu-ant to the Federal Property and Ad-ministrative Services Act of 1949 (63Stat. 377), as amended, and to acquiresuch space by firm term leases up tofive (5) years in accordance with theauthority contained in section 210(h)(1) of the Federal Property and Admin-istrative Services Act of 1949, asamended. Provided, that such author-ity is exercised in accordance with theMemorandum of Understanding be-tween the Department of Transpor-tation and the General Services Ad-ministration executed on January 27,1981, for implementation of this delega-tion.

(ee) Carry out all functions vested inthe Secretary in any capacity by theOcean Thermal Energy Conversion Actof 1980 (Pub. L. 96–320, August 3, 1980),except title II.

(ff) Carry out the functions vested inthe Secretary by:

(1) Section 108(a)(3) of the Com-prehensive Environmental Response,Compensation, and Liability Act, asamended (42 U.S.C. 9608(a)(3)), and bysections 7(b)(1), 7(b)(2), and 7(c) (2) ofExecutive Order 12580 relating to vesselfinancial responsibility; and

(2) Sections 2(e)(1), 2(e)(2), 2(i), 2(j)(1),2(j)(2), 2(k), 3(a), 4(b)(1), 4(b)(2), 6(c),9(d), 9(i), and 11(b)(2) of ExecutiveOrder 12580 relating to facilities andvessels under the jurisdiction, custody,or control of the Coast Guard.

(gg) Carry out the functions, relatingto releases or threatened releases in-volving the coastal zone, Great Lakeswaters, and ports and harbors, vestedin the Secretary by sections 2(f), 2(i),2(j)(2), 2(k), 4(c)(1), 4(c)(2), 5(b), 6(c),9(d), 9(i), and 11(b)(2) of ExecutiveOrder 12580 insofar as they relate to:

(1) Responses to releases or threats ofreleases from vessels;

(2) Emergency action concerning re-leases or threats of releases at facili-ties other than active or inactive ‘‘haz-ardous waste management facilities’’(as defined in 40 CFR 270.2); and

(3) Emergency action concerning re-leases or threats of releases at activeor inactive ‘‘hazardous waste manage-ment facilities’’ only when the CoastGuard On-Scene Coordinator deter-mines that such action must be takenpending the arrival on scene of an En-

vironmental Protection Agency (EPA)On-Scene Coordinator (OSC). Unlessotherwise agreed upon by the EPA andCoast Guard, this authority will not beexercised unless the EPA OSC is sched-uled to arrive on scene within 48 hoursof notification of the release or threatof release.

As used in this paragraph ‘‘emergencyaction’’ includes any removal actionwhich, in the view of the Coast GuardOn-Scene Coordinator, must be takenimmediately to prevent or mitigateimmediate and significant danger tothe public health, welfare, or the envi-ronment. Situations in which such ac-tions may be taken include, but are notlimited to, fire, explosions, and othersudden releases; human, animal, orfood chain exposure to acutely toxicsubstance; and the contamination of adrinking water supply. All functionslisted in this paragraph include the au-thority to contract for, obligate mon-ies for, and otherwise arrange for andcoordinate the responses included with-in such functions.

(hh) Carry out the functions vestedin the Secretary by the Act to PreventPollution from Ships (October 21, 1980;Pub. L. 96–478; 94 Stat. 2297) except sec-tion 10(b) and (c) and except as limitedby § 1.47(n), § 1.52(c), and § 1.66(u) of thistitle.

(ii) Carry out the functions vested inthe Secretary by the Deep Seabed HardMineral Resources Act (June 21, 1980;Pub. L. 96–283; 94 Stat. 553), except sec-tion 118.

(jj) Carry out the functions vested inthe Secretary to convene and approve aCoast Guard Reserve Policy Board asprovided in 14 U.S.C. 703.

(kk) Carry out the functions vestedin the Secretary by the FisheriesAmendments of 1982 (Pub. L. 97–389; 96Stat. 1949) relating to implementationof the Convention for the Conservationof Salmon in the North Atlantic Oceanand to documentation and certificationof inspection of certain vessels.

(ll) Carry out the functions vested inthe Secretary by sections 1004(d)(2)(C),1015(b), 1016, 4107(b), 4109, 4110, 4111,4114(a), 4115(b), 4115(e), 4116(c), 4118,4203, 5002(c)(4), 5002(i), 5002(k), 5003, 5004,5005(a)(5), 7001(a), 7001(b)(2) and 7001(c)(6) and (11) of the Oil Pollution Act of


23


1990 (August 18, 1990; Pub. L. 101–380; 104Stat. 484). (See 49 CFR 1.53 and 1.66).

(mm)—(oo) [Reserved](pp) Except as specifically reserved in

49 CFR 1.44, carry out the responsibil-ities of, and exercise the authority ofthe Secretary contained in the UniformCode of Military Justice, chapter 47 oftitle 10 United States Code, and theManual for Courts-Martial, UnitedStates.

(qq) Carry out the functions and ex-ercise the authority vested in the Sec-retary by 14 U.S.C. 659 relating to pro-viding assistance to film producers andobtaining reimbursement for assist-ance provided.

(rr) Exercise the authority of theSecretary contained in 10 U.S.C. 1588 toaccept voluntary services for a mu-seum or a family support program op-erated by the Coast Guard; to deter-mine which expenses are eligible for re-imbursement; and to provide reim-bursement from nonappropriated fundsof incidental expenses incurred by per-sons providing voluntary services as anombudsman or for a family service cen-ter program.

(ss) Carry out the functions and exer-cise the authority vested in the Sec-retary by chapter 125, title 46 U.S.C., toestablish and maintain a vessel identi-fication system and to charge fees topersons providing information to or re-questing information from the system.

(tt) Carry out the functions and exer-cise the authority vested in the Sec-retary by chapter 19, title 14 U.S.C., toestablish and carry out a program ofenvironmental compliance and restora-tion at current and former Coast Guardfacilities and to expend funds from theEnvironmental Compliance and Res-toration Account.

(uu) Carry out the functions and ex-ercise the authority vested in the Sec-retary by 46 U.S.C. 2110 to establish,collect, and enforce the fees andcharges required by that section.

(vv) Carry out the functions and ex-ercise the authority vested in the Sec-retary by 46 U.S.C. 8103(b)(3) to waivethe citizenship requirements on vesselsdocumented under U.S. law.

(ww) Carry out the functions and ex-ercise the authority vested in the Sec-retary by 16 U.S.C. 4711 to establish andenforce regulations to prevent the in-

troduction and spread of aquatic nui-sance species into the Great Lakesthrough the ballast water of vessels.This authority may be redelegated.

(xx) Carry out the functions and ex-ercise the authority vested in the Sec-retary by 33 U.S.C. 1226 to prevent orrespond to acts of terrorism and 46U.S.C. app. 1803, subsections (a) and (b),to assess the state of security stand-ards at foreign ports. This authoritymay be redelegated.

(yy) Carry out the functions and ex-ercise the authority vested in the Sec-retary by 42 U.S.C. 7511b(f), concerningtank vessel emissions, to promulgatesafety regulations, to consult with theAdministrator of the EnvironmentalProtection Agency concerning emis-sion standards, and to enforce compli-ance of emission standards as deter-mined by such consultation. This au-thority may be redelegated.

(zz) Carry out the functions and exer-cise the authority vested in the Sec-retary by 46 U.S. Code Chapter 47(abandonment of barges) and § 12301(b)(numbering of undocumented barges),as enacted by the Oceans Act of 1992,Title V, section 5301 et seq., Pub. L. No.102–587, 106 Stat. 5081. This authoritymay be redelegated.

(aaa) Establish the promotion zonefor rear admiral (lower half), providedall captains eligible for considerationunder the provisions of section257(a)(5), Title 14, U.S. Code, are placedin the zone.

(bbb) Remove an officer from activeduty under section 326, Title 14, U.S.Code.

(ccc) Carry out the functions and ex-ercise the authority vested in the Sec-retary by 46 U.S. Code Chapter 45(uninspected commercial fishing indus-try vessels), as enacted by the Com-mercial Fishing Industry Vessel SafetyAct of 1988, as amended, Title 46, 4501 etseq., Pub. L. No. 100–424, 102 Stat. 1585.This authority may be redelegated.

(ddd) Carry out the functions and ex-ercise the authority vested in the Sec-retary by 46 U.S. Code Chapter 33 per-taining to the delegation of authorityto classification societies to review andapprove commercial vessel plans andconduct commercial vessel inspectionsand examinations, as enacted by theCoast Guard Authorization Act of 1996,


24


title 46, section 3316 (classification so-cieties), Pub. L. 104–324, 110 Stat. 3901.

(eee) Carry out the functions vestedin the Secretary by 46 U.S.C. 14104 toprescribe alternate tonnages for ves-sels.

(fff) Carry out the functions and re-sponsibilities and exercise the authori-ties vested in the Secretary by 46U.S.C. 3203–3205 (safety managementsystem, implementation of safety man-agement system, and certification),that pertain to the approval, certifi-cation, and enforcement of safety man-agement systems for vessels engaged inforeign trade.

(ggg) Carry out the functions and ex-ercise the authorities vested in theSecretary by 46 U.S.C. 3103 to rely onreports, documents, and records ofother persons determined by the Sec-retary to be reliable, and other meth-ods determined by the Secretary to bereliable, as evidence of compliancewith title 46, subtitle II (46 U.S.C. 3103).

(hhh) Carry out the functions and ex-ercise the authority vested in the Sec-retary by 16 U.S.C. 2405 to issue suchregulations as are necessary and appro-priate to implement the AntarcticScience, Tourism, and ConservationAct of 1996, Pub. L. No. 104–227, 110Stat. 3034.

(iii) Carry out the functions and re-sponsibilities and exercise the authori-ties vested in the Secretary by theCoast Guard Authorization Act of 1996,Pub. L. 104–324.

(jjj) Carry out the functions and re-sponsibilities and exercise the authori-ties vested in the Secretary by the Na-tional Defense Authorization Bill ofFiscal Year 1995, Pub. L. 103–337, per-taining to benefits for Coast Guardmembers that are being separated orhave recently been separated (10 U.S.C.Chapter 58).

(kkk) Carry out the functions and re-sponsibilities and exercise the authori-ties vested in the Secretary by 14U.S.C. 670 pertaining to procurementauthority for Coast Guard family hous-ing and by 14 U.S.C. 672 pertaining tolong-term lease authority for naviga-tion and communications systemssites.

(lll) Carry out the functions and re-sponsibilities and exercise the authori-ties vested in the Secretary by 33

U.S.C. 1908(b), that pertain to pay-ments of civil penalties assessed forviolations of the MARPOL Protocol,Annex IV to the Antarctic Protocol, orregulations issued thereunder, to per-sons who provide information leadingto the assessment of such penalties.

(mmm) Carry out the Great LakesPilotage Act of 1960, as amended, (46U.S.C. 9301 et seq.).

(nnn) Under the 1977 Memorandum ofArrangements with Canada and theGreat Lakes Pilotage Act of 1960, asamended in 1983 (46 U.S.C. 9305), enterinto, revise, or amend arrangementswith Canada.

(ooo) Carry out the functions and re-sponsibilities and exercise the authori-ties vested in the Secretary by the Na-tional Defense Authorization Act forFiscal Year 1998, Pub. L. 105–85, per-taining to authority for personnel toparticipate in management of certainnon-Federal entities (10 U.S.C. Chap-ters 53 and 81).

(Sec. 9(e), Department of TransportationAct, 49 U.S.C. 1657(e); 49 CFR 1.57(l); 49 U.S.C.322)

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]


§ 1.47 Delegations to Federal AviationAdministrator.

The Federal Aviation Administratoris delegated authority to:

(a) Carry out the powers and dutiestransferred to the Secretary of Trans-portation by, or subsequently vested inthe Secretary by virtue of, section6(c)(1) of the Department of Transpor-tation Act (49 U.S.C. 1655(c)(1)), includ-ing those pertaining to aviation safety(except those related to transportation,packaging, marking, or description ofhazardous materials) and vested in theSecretary by section 308(b) of title 49U.S.C. and sections 306–309, 312–314,1101, 1105, and 1111 and titles VI, VII, IX(excluding section 902(h)), and XII ofthe Federal Aviation Act of 1958, asamended.

(b) Carry out title XIII of the FederalAviation Act of 1958, as amended (72Stat. 800; 49 U.S.C. 1531 et seq.), relatingto aviation insurance.


25


(c) Carry out the functions vested inthe Secretary by the Act of September7, 1957 (71 Stat. 629; 49 U.S.C. 1324 note),as amended by section 6(a)(3)(B) of theDepartment of Transportation Act, re-lating to the guarantee of aircraft pur-chase loans, and those functions whichrelate to the issuance of obligations tofinance the expenses of such guaran-tees.

(d) Administer Executive Orders 11419and 11322 relating to prohibited avia-tion operations and the prohibited car-riage of commodities and products toand from Southern Rhodesia. Carry outthe functions vested in the Secretaryby Executive Order 12183.

(e) Provide certain facilities andservices to FAA employees and theirdependents at remote locations (49U.S.C. 1659).

(f) Carry out the functions vested inthe Secretary by:

(1) The Airport and Airway Develop-ment Act of 1970, as amended (49 U.S.C.1701 et seq.), except sections 3 and 4 (49U.S.C. 1702, 1703).

(2) Sections 208 and 209 of the Airportand Airway Revenue Act of 1970, asamended (49 U.S.C. 1742, 1742 note); and

(3) Sections 21, 22, 23(b), 24, and 25 ofthe Airport and Airway DevelopmentAct Amendments of 1976 (49 U.S.C.1346(a), 1348 note, 1713 note, 1356a, 1704).

(g) Carry out the functions vested inthe Secretary by part B of title II ofthe Clean Air Act, as amended (84 Stat.1703), and by 40 CFR part 87 as it re-lates to exemptions from aircraft airpollution standards.

(h) Carry out the functions of theSecretary under section 208 of the Ap-palachian Regional Development Actof 1965 (85 Stat. 168; 40 U.S.C. App. 208).

(i) Carry out the functions vested inthe Secretary by section 902(h)(2) of theFederal Aviation Act of 1958, as amend-ed, as it relates to enforcement of haz-ardous materials regulations as theyapply to the transportation or ship-ment of such materials by air.

(j) Carry out the functions vested inthe Secretary by 49 U.S.C. 1807 as it re-lates to the establishment of proce-dures for monitoring and enforcing pro-visions of regulations with respect tothe transportation of radioactive mate-rials on passenger-carrying aircraft.

(k) Carry out the functions vested inthe Secretary by 49 App. U.S.C. 1808 (a),(b), and (c), 1809 and 1810 relating to in-vestigations, records, inspections, pen-alties and specific relief so far as theyapply to the transportation or ship-ment of hazardous materials by air, in-cluding the manufacture, fabrication,marking, maintenance, reconditioning,repair, or test of containers which arerepresented, marked, certified, or soldfor use in the bulk transportation ofhazardous materials by air.

(l) Serve, or designate a representa-tive to serve, as Vice Chairman and al-ternate Department of Transportationmember of the Interagency Group onInternational Aviation (IGIA) pursuantto interagency agreement of December9, 1960, and Executive Order 11382, andprovide for the administrative oper-ation of the IGIA Secretariat.

(m) Carry out the functions vested inthe Secretary by sections 4(a) and 5(c)of Executive Order 12316 of August 14,1981 (46 FR 42237, Aug. 20, 1981) (delegat-ing sections 107(c)(1)(c) and 108(b), re-spectively, of the Comprehensive Envi-ronmental Response, Compensation,and Liability Act of 1981, Pub. L. 96–510), insofar as they relate to aircraft.

(n) Carry out the functions vested inthe Secretary by section 3(d) of the Actto Prevent Pollution from Ships (33U.S.C. 1902(d)) as it relates to shipsowned or operated by the Federal Avia-tion Administration when engaged innoncommercial service.

(o) [Reserved](p) Carry out the functions vested in

the Secretary by:(1) Section 553(b) of Public Law 99–83

(99 Stat. 226), which relates to the au-thority of Federal Air Marshals tocarry firearms and make arrests, in co-ordination with the General Counsel;and

(2) The following subsections of sec-tion 1115 of the Federal Aviation Act of1958, as amended, which relates to thesecurity of foreign airports: Subsection1115(a), in coordination with the Gen-eral Counsel and the Assistant Sec-retary for Aviation and InternationalAffairs; subsection 1115(b), in coordina-tion with the Assistant Secretary forAviation and International Affairs; andsubsection 1115(e)(2)(A)(ii), in coordina-tion with the General Counsel and the


26


Assistant Secretary for Aviation andInternational Affairs.

(q) Carry out all of the functionsvested in the Secretary under section404(d) of the Federal Aviation Act of1958 (49 U.S.C. 1374(d)), as amended bysection 328(a) of the Department ofTransportation and Related AgenciesAppropriations Act of 1988 (Pub. L. 100–202).

(r) Carry out the functions vested inthe Secretary by the Airport Safetyand Capacity Expansion Act of 1990,title IX, subtitle B of the OmnibusBudget Reconciliation Act of 1990, Pub-lic Law 101–508 (except those functionsvested in the Secretary by sections9113, 9125, 9127 and 9130).

(s) Carry out functions vested in theSecretary by Airport Noise and Capac-ity Act of 1990, title IX, subtitle D ofthe Omnibus Budget ReconciliationAct of 1990, Public Law 101–508.

(t) Carry out the functions vested inthe Secretary by sections 321 and 410 ofthe Federal Aviation Act, as amendedby the Aviation Security ImprovementAct of 1990, Public Law 101–604, Novem-ber 16, 1990.

(u) Carry out the functions assignedto the Secretary by Executive Order12465 (February 24, 1984) (3 CFR, 1984Comp., p. 163) relating to commercialexpendable launch vehicle activities.

(v) Carry out the functions vested inthe Secretary by 49 U.S.C. Subtitle IX.

(w) Carry out the functions vested inthe Secretary by the National Aero-nautics and Space Administration Au-thorization Act, Fiscal Year 1993 (Pub.L. 102–588, 106 Stat 5119, November 4,1992).

(Secs. 3(e), 6(c), and 9(e), Department ofTransportation Act (49 U.S.C. 1652(e), 1655(c),and 1657(e)); 49 U.S.C. 322; 49 CFR 1.57(l))

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]


§ 1.48 Delegations to Federal HighwayAdministrator.

The Federal Highway Administratoris delegated authority to:

(a) Investigate and report on thesafety compliance records of applicantsseeking operating authority, or ap-

proval of transactions involving trans-fer of operating authority, from theInterstate Commerce Commission, andto intervene and present evidence con-cerning applicants’ fitness in Commis-sion proceedings under 49 U.S.C. 307, sofar as it relates to motor carriers.

(b) Administer the following sectionsof title 23, U.S.C.:

(1)(i) 101(a); and(ii) 101(b), (c), (d), and (e), except as

they involve mass transportationprojects authorized by sections103(e)(4), 142(a)(2), or 142(c);

(2) 103, except as it involves the sub-stitution of non-highway public masstransit projects authorized by section(e)(4);

(3) 104, including the apportionmentof funds for Federal-aid highways onceCongress approves estimates submittedby the Secretary;

(4) 105, except as subsections (a) and(g) involve mass transportationprojects authorized by sections103(e)(4), 142(a)(2), or 142(c);

(5) 106, except subsections (a), (c), and(d) as they involve mass transportationprojects authorized by sections103(e)(4), 142(a)(2), or 142(c);

(6) 107;(7) 108, except as it involves mass

transportation projects authorized bysections 103(e)(4), 142(a)(2), or 142(c);

(8) 109, except subsections (a), (g), and(h) as they involve mass transportationprojects authorized by sections 103(e)(4), 142(a)(2), or 142(c);

(9) 110, except as it involves masstransportation projects authorized bysections 103(e)(4), 142(a)(2), or 142(c);

(10) 111;(11) 112, 113, 114, except as they in-

volve transportation projects author-ized by sections 103(e)(4), 142(a)(2), or142(c);

(12) 115;(13) 116, except subsections (a) and (c)

as they involve mass transportationprojects authorized by sections103(e)(4), 142(a)(2), or 142(c);

(14) 117, except as it involves masstransportation projects authorized bysections 103(e)(4), 142(a)(2), or 142(c);

(15) 118, 119, 120;(16) 121 and 122, except as they in-

volve mass transportation projects au-thorized by sections 103(e)(4), 142(a)(2),or 142(c);


27


(17) 123;(18) 124, except as it involves mass


(19) 125, 126, and 127;(20) 128, except as it involves mass


(21) 129, 130, 131, 132, 134, 135, 136, 137,138, and 139;

(22) 140, except paragraph (a) of thissection, as it involved mass transpor-tation projects authorized by sections103(e)(4), 142(a)(2), or 142(c);

(23) 141, with the concurrence of theNational Highway Traffic Safety Ad-ministrator as it relates to certifi-cation of the enforcement of speed lim-its;

(24) 142, except as it involves masstransportation projects authorized bysubsections (a)(2) and (c) and by103(e)(4);

(25) 143 and 144;(26) 145, except as it involves mass


(27) 146 through 152 and 155 through157, inclusive;

(28) 154 and 158 each with the concur-rence of the National Highway TrafficSafety Administrator;

(29) 201 through 205, 210, 212, 214through 218, (Chapter 2);

(30) 301, 302, and 303;(31) 304, 305, 306, except as they in-


(32) 307 through 314 inclusive;(33) 315 and 317, except as they in-


(34) 318 through 321, inclusive; and(35) 323 and 324, except as they in-

volve mass transportation projects au-thorized by sections 103(e)(4), 142(a)(2),or 142(c).

(c) Administer the following laws re-lating generally to highways:

(1) Sections 105, 107(c) through (e),123(a) and (b), 124(c), 126(d) through (g),138(c), 140, 142 through 145, 147 through154, 167, and 171, and title IV, as amend-ed (as it relates to matters within theprimary responsibility of the FederalHighway Administrator), of the Sur-face Transportation Assistance Act of

1978, Public Law 95–599, 92 Stat. 2689;and sections 502–504, title V, of theHighway Revenue Act of 1978.

(2) Sections 103, 104, 111(b), 128(b), 131,135, 136, 141, 147, 149, 154, 158 through161, 163, 203, 206, 401, and 402 of the Fed-eral-Aid Highway Act of 1973, asamended (Pub. L. 93–87, 87 Stat. 250;Pub. L. 93–643, 88 Stat. 2281).

(3) The Federal-Aid Highway Act of1970, as amended (except section 118) (84Stat. 1713).

(4) The Federal-Aid Highway Act of1968, as amended (82 Stat. 815);


(6) The Federal-Aid Highway Act of1962, as amended (76 Stat. 1145, 23U.S.C. 307 note);



(9) The Act of September 26, 1961, asamended (75 Stat. 670);

(10) The Highway Revenue Act of1956, as amended (70 Stat. 387, 23 U.S.C.120 note);

(11) The Highway Beautification Actof 1965, as amended (79 Stat. 1028, 23U.S.C. 131 et seq., notes);

(12) The Alaska Omnibus Act, asamended (73 Stat. 141, 48 U.S.C. 21 noteprec.);

(13) The Joint Resolution of August28, 1965, as amended (79 Stat. 578, 23U.S.C. 101 et seq., notes);

(14) Section 502(c) of the GeneralBridge Act of 1946, as amended (60 Stat.847, 33 U.S.C. 525(c));

(15) The Act of April 27, 1962 (76 Stat.59);

(16) Reorganization Plan No. 7 of 1949(63 Stat. 1070); and

(17) Sections 102(b) (except subpara-graph (2)) and (c); 105 (b)(1) and (c); 141;146; 147; and 152 of the Federal-AidHighway Act of 1976 (Pub. L. 94–280; 90Stat. 425).

(18) The Federal-Aid Highway Act of1982 (Pub. L. 97–327), except section 6 asit relates to matters within the pri-mary responsibility of the Urban MassTransportation Administrator.

(19) The Surface Transportation As-sistance Act of 1982, Public Law 97–424,as amended,

(i) Except sections 165 and 531 as theyrelate to matters within the primary


28


responsibility of the Urban MassTransportation Administrator; 105(f),413; 414(b)(1) and (2); 421, 426, and titleIII; and

(ii) Section 414(b)(1), with the concur-rence of the National Highway TrafficSafety Administrator.

(20) Sections 103(e), 105(a) through(g), 106(a), and (b), 110(b), 114(d), 117(f),120(c) and (d), 123(g) and (i), 133(f), 134,136, 137, 139 through 145, 146(b), 147(c),149(a) through (f), (h), (i), (k), 151through 157, 164, and 208 of the SurfaceTransportation and Uniform Reloca-tion Assistance Act of 1987 (Pub. L. 100–17, 101 Stat. 132).

(d) Carry out the functions vested inthe Secretary of Transportation by sec-tion 601 of the Pipeline Safety Act of1992, Public Law 102–508, relating toconstruction of the Page Avenue Ex-tension Project in Missouri.

(e) Carry out 49 U.S.C. 3103 relatinggenerally to investigation of the needfor regulation of sizes, weights, andcombinations of motor vehicles andqualifications and maximum hours ofservice of employees of motor carriersand motor private carriers.

(f) Carry out 49 U.S.C. 3102 relatinggenerally to qualifications and maxi-mum hours of service of employees andsafety of operation and equipment ofmotor carriers, motor private carriersand motor carriers of migrant workers.

(g) Carry out 49 U.S.C. 503 and 3104 re-lating generally to service of process,designation of agents to receive serviceof process, and identification of inter-state motor vehicles so far as they per-tain to motor private carriers of prop-erty and motor carriers of migrantworkers (except motor contract car-riers).

(h) Carry out the functions and exer-cise the authority vested in the Sec-retary by 49 U.S.C., Subtitle IV, PartB,:

(1) Chapter 131;(2) Chapter 133;(3) Chapter 135;(4) Chapter 137, sections 13702(a),

13702(c)(1), 13702(c)(2), 13702(c)(3), 13704,13707, and 13708;

(5) Chapter 139;(6) Chapter 141, Subchapter I and sec-

tions 14121 and 14122 of Subchapter II;(7) Chapter 145, sections 14501, 14502,

and 14504;

(8) Chapter 147, sections 14701 through14708; and

(9) Chapter 149, sections 14901 through14913.

(i) Carry out the functions and exer-cise the authority vested in the Sec-retary by sections 104, 403(a), and 408 ofthe ICC Termination Act of 1995, Pub.L. 104–88, relating to miscellaneousmotor carrier provisions, railroad-highway grade crossing regulation andfatigue-related issues pertaining tocommercial motor vehicle safety.

(j) Carry out the functions of the Sec-retary under the Appalachian RegionalDevelopment Act of 1965 (79 Stat. 5; 40U.S.C. App.) except section 208.

(k) Initiate proceedings as a com-plainant under 49 U.S.C. 10925 to re-voke, suspend or amend the certifi-cates, permits or licenses of a motorcarrier.

(l) Carry out the Act of September 21,1966, Public Law 89–599, relating to cer-tain approvals concerned with a com-pact between the States of Missouriand Kansas.

(m) Carry out the law relating to theChamizal border highway (80 Stat.1477).

(n) Carry out the Highway Safety Actof 1966, as amended (80 Stat. 731) andchapter 4 of title 23 U.S.C. as amendedby section 207 of the Surface Transpor-tation Assistance Act of 1978 for high-way safety programs, research and de-velopment relating to highway design,construction and maintenance, trafficcontrol devices, identification and sur-veillance of accident locations, andhighway-related aspects of pedestrianand bicycle safety.

(o) Exercise the authority vested inthe Secretary by section 204(b) of theFederal Railroad Safety Act of 1970 (84Stat. 972, 45 U.S.C. 433(b)) with respectto the laws administered by the Fed-eral Highway Administrator pertainingto highway safety and highway con-struction.

(p) Carry out the functions vested inthe Secretary provided by 42 U.S.C.4917 relating to procedures for the in-spection, surveillance and measure-ment of commercial motor vehicles forcompliance with interstate motor car-rier noise emission standards and relat-ed enforcement activities including thepromulgation of necessary regulations.


29


(q) Carry out the functions vested inthe Secretary by section 5 (as it relatesto bridges, other than railroad bridges,not over navigable waters), and section8(a) (as it relates to all bridges otherthan railroad bridges) of the Inter-national Bridge Act of 1972 (Pub. L. 92–434, 86 Stat. 731).

(r) Carry out the functions vested inthe Secretary by the following sectionsof the Urban Mass Transportation Actof 1964 as amended (78 Stat. 302, 49U.S.C. 1601 et seq.):

(1) Sections 3(a)(3), 3(e)(1), 5(g)(1), and8 as they relate to urban planning (49U.S.C. 1602 (a)(3) and (e)(1), 1603(a), and1604(g)(1); and 1604(l)).

(2) Section 12(c)(11) relating to ap-proval of boundaries of urbanized areas(49 U.S.C. 1608(c)(11));

(3) Section 18 as it relates to the for-mula grant program for non-urbanizedareas in the Commonwealth of PuertoRico.

(s) Exercise the authority vested inthe Secretary by sections 101, 118,120(b), 123 and 124 of the Federal-AidHighway Amendments of 1974 (Pub. L.93–643, January 4, 1975, 88 Stat. 2281).

(t) [Reserved](u)(1) Carry out the functions vested

in the Secretary by 49 App. U.S.C. 1808(a), (b), and (c), 1809, and 1810 relatingto investigations, records, inspections,penalties, and specific relief so far asthey apply to the transportation orshipment of hazardous materials byhighway, including the manufacture,fabrication, marking, maintenance, re-conditioning, repair or test of contain-ers which are represented, marked, cer-tified, or sold for use in the bulk trans-portation of hazardous materials byhighway.

(2) Carry out the functions vested inthe Secretary by 49 App. U.S.C. 1804 (b)and (c); 1805(d), except paragraph (3) (49App. U.S.C. 1805(d)(3)); 1811 relating tohighway routing, except for pendingapplications for inconsistency rulingsand nonpreemption determinations;1813(d); and 1819.

(v) Carry out the functions vested inthe Secretary by the CommercialMotor Vehicle Safety Act of 1986, titleXII of Public Law 99–570, 100 Stat. 3207–170.

(w) Carry out the functions vested inthe Secretary by section 30 of the

Motor Carrier Act of 1980 (Pub. L. 96–296, 94 Stat. 820), as amended by section108(b)(5) of Public Law 96–510, 94 Stat.2767; section 406 of Public Law 97–424, 96Stat. 2158; and section 222 of PublicLaw 98–554, 98 Stat. 2846 (49 U.S.C. 10927note).

(x) Carry out the functions vested inthe Secretary by sections 4(a) and (5)(c)of Executive Order 12316 of August 14,1981 (46 FR 42237, August 20, 1981) (dele-gating sections 107(c)(1)(C) and 108(b),respectively, of the Comprehensive En-vironmental Response, Compensation,and Liability Act of 1980, Public Law96–510, 94 Stat. 2781), insofar as they re-late to motor carriers.

(y) Carry out the functions vested inthe Secretary by section 118 of the Na-tional Visitor Center Facilities Act of1968 (Pub. L. 90–264, 82 Stat. 43), asadded by the Union Station Redevelop-ment Act of 1981 (Pub. L. 97–125; 95Stat. 1672), with respect to the comple-tion of the parking facility and associ-ated ramps at Union Station in Wash-ington, DC (40 U.S.C. 818).

(z) Carry out the functions vested inthe Secretary by sections 18 and 25(c)of the Bus Regulatory Reform Act of1982 (Pub. L. 97–261, 96 Stat. 1102), asamended by section 224 of Public Law98–554, 98 Stat. 2847 (49 U.S.C. 10927note).

(aa) Carry out the functions vested inthe Secretary by the Tandem Truckand Motor Carrier Safety Acts of 1984(Pub. L. 98–554), except section 209.

(bb) Carry out the functions vested inthe Secretary by Public Law 98–229, 98Stat. 55, insofar as it relates to appor-tioning certain funds for constructionof the Interstate Highway System inFiscal Year 1985, apportioning certainfunds for Interstate substitute highwayprojects, and increasing amounts avail-able for emergency highway relief.

(cc) Prescribe regulations, as nec-essary, at parts 24 and 25 of this title,to implement Public Law 91–646, 84Stat. 1894, and any amendments there-to, as appropriate, in coordination withthe Assistant Secretary for Transpor-tation Policy, and carry out all otherfunctions vested in the Secretary bythe Uniform Relocation Assistance andReal Property Acquisition Policies Actof 1970, Public Law 91–646, 84 Stat. 1894,and any amendments thereto.


30


(dd)–(ee) [Reserved](ff) Carry out the functions vested in

the Secretary of Transportation by sec-tion 114 of the ‘‘Act Making ContinuingAppropriations for Fiscal Year 1987 andfor Other Purposes,’’ Public Law 99–591,October 30, 1986, relating to construc-tion of Interstate Highway H–3 in Ha-waii.

(gg) Carry out all of the functionsvested in the Secretary under section324 of the Fiscal Year 1986 Departmentof Transportation Appropriations Act(Pub. L. 99–190, 99 Stat. 1288), notwith-standing the reservation of authorityunder § 1.44(j) of this part.

(hh) Carry out the functions vestedin the Secretary by sections 9, 10, 11,12, 13, 15(b), 15(c), 15(d), and 15(e) of theSanitary Food Transportation Act of1990 (Pub. L. 101–500; 104 Stat. 1213),with respect to transportation by high-way.

(ii) Carry out the functions vested inthe Secretary by sections 16, 23, 24, and27 of the Hazardous Materials Trans-portation Uniform Safety Act of 1990(Pub. L. 101–615; 104 Stat. 3244 (49 App.U.S.C. 1813 note; 49 U.S.C. 10927 note; 49App. U.S.C. 2509).

(jj) Carry out the functions and exer-cise the authority delegated to the Sec-retary in section 2(d)(2) of ExecutiveOrder 12777 (3 CFR, 1991 Comp.; 56 FR54757), with respect to highway trans-portation, relating to the approval ofmeans to ensure the availability of pri-vate personnel and equipment to re-move, to the maximum extent prac-ticable, a worst case discharge, the re-view and approval of response plans,and the authorization of motor car-riers, subject to the Federal Water Pol-lution Control Act (33 U.S.C. 1321), tooperate without approved responseplans, except as delegated in § 1.46(m).

(kk) Carry out the functions vestedin the Secretary of Transportation bysection 505 of the Railroad Revitaliza-tion and Regulatory Reform Act of1976, as amended, relating to the Ala-meda Corridor Project in consultationwith the Federal Railroad Adminis-trator.

(49 U.S.C. 322, 49 CFR 1.57(l))

[Amdt. 1–157, 45 FR 83405, Dec. 18, 1980]

EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting § 1.48, see the List of CFR

Sections Affected in the Finding Aids sec-tion of this volume.

§ 1.49 Delegations to Federal RailroadAdministrator.

The Federal Railroad Administratoris delegated authority to:

(a) Investigate and report on safetycompliance records of applicants seek-ing railroad operating authority fromthe Interstate Commerce Commission,and to intervene and present evidenceconcerning applicants’ fitness in Com-mission proceedings under 49 U.S.C.1653(e), relating to railroads.

(b) Carry out the Act of September30, 1965, as amended (79 Stat. 893, 49U.S.C. 1631 et seq.), relating generallyto high speed ground transportation,except issuance of reports required bysection 13(c) (49 U.S.C. 1643(c)).

(c) Carry out the following laws re-lating generally to safety appliancesand equipment on railroad engines andcars, and protection of employees andtravelers:

(1) The Act of March 2, 1893, asamended (27 Stat. 531, 45 U.S.C. 1 etseq.);

(2) The Act of March 2, 1903, asamended (32 Stat. 943, 45 U.S.C. 8 etseq.);

(3) The Act of April 14, 1910, asamended (36 Stat. 298, 45 U.S.C. 11 etseq.);

(4) The Act of May 30, 1908, as amend-ed (35 Stat. 476, 45 U.S.C. 17 et seq.);

(5) The Act of February 17, 1911, asamended (36 Stat. 913, 45 U.S.C. 22 etseq.);

(6) The Act of March 4, 1915, asamended (38 Stat. 1192, 45 U.S.C. 30);

(7) Reorganization Plan No. 3 of 1965(79 Stat. 1320, 45 U.S.C. 22 note);

(8) Joint Resolution of June 30, 1906,as amended (34 Stat. 838, 45 U.S.C. 35);

(9) The Act of May 27, 1908, as amend-ed (35 Stat. 325, 45 U.S.C. 36 et seq.);

(10) The Act of March 4, 1909, asamended (35 Stat. 965, 45 U.S.C. 37); and

(11) The Act of May 6, 1910, as amend-ed (36 Stat. 350, 45 U.S.C. 38 et seq.).

(d) Carry out the Act of March 4, 1907,as amended (34 Stat. 1415, 45 U.S.C. 61 etseq.), relating generally to hours ofservice of railroad employees.

(e) Carry out the functions vested inthe Secretary by section 5 of the Inter-national Bridge Act of 1972 (Pub. L. 92–


31


434) as it relates to railroad bridges notover navigable waterways.

(f) Carry out section 25 of the Inter-state Commerce Act, as amended (49U.S.C. 26), relating generally to rail-road safety appliances, methods, andsystems.

(g) Exercise the administrative pow-ers under the Interstate Commerce Actwith respect to powers and duties per-taining to railroad safety transferredto the Secretary (49 U.S.C. 1655(f)).

(h) Operate and administer the Alas-ka Railroad under the Act of March 12,1914, as amended (38 Stat. 305), and Ex-ecutive Order 11107 (28 FR 4225 (1963)).

(i) Make individual and generalchanges in freight rates and passengerfares for the Alaska Railroad, withoutpower to redelegate authority for gen-eral changes in freight rates and pas-senger fares.

(j) Promote and undertake researchand development relating to rail mat-ters generally (49 U.S.C. 1653(a),1657(e)(1), 1657(n)(1), and 1657(q)(1)).

(k) Carry out the functions vested inthe Secretary by subtitle B of the Na-tional Visitor Center Facilities Act of1968, as added by the Union Station Re-development Act of 1981 (Pub. L. 97–125;95 Stat. 1667) except section 114(e) andsuch parts of section 118 as provided forthe completion of the parking facilityand associated ramps at Union Stationin Washington, DC.

(l) Exercise the authority vested inthe Secretary by the Emergency RailServices Act of 1970 (Pub. L. 91–663) ex-cept the authority to make findings re-quired by section 3(a) of that Act andthe authority to sign guarantees of cer-tificates issued by trustees.

(m) Carry out the functions vested inthe Secretary by the Federal RailroadSafety Act of 1970 (title II of Pub. L.91–458); 84 Stat. 971, 45 U.S.C. 421 et.seq.), except section 204(b) (84 Stat. 972,45 U.S.C. 433(b)) with respect to high-way, traffic, and motor vehicle safetyand highway construction.

(n) Carry out the functions vested inthe Secretary by the Emergency RailFacilities Restoration Act of 1972 (Pub.L. 92–591).

(o) Carry out the functions vested inthe Secretary by subsection (b) (exceptas it relates to conducting consulta-tions with the Administrator of the

Environmental Protection Agency) and(c) of section 17 of the Noise ControlAct of 1972 (Pub. L. 92–574).

(p) Carry out the functions vested inthe Secretary by sections 201(i)(3);202(b)(7); 203, except authority to issuesubpoenas; 210; 212; 213; 215; 402; 403; and601 of the Regional Rail ReorganizationAct of 1973 (Pub. L. 93–236) as amendedby the Rail Transportation Improve-ment Act (Pub. L. 94–555).

(q) Carry out the functions vested inthe Secretary by subsections 4 (h) and(i) of the Department of Transpor-tation Act, as amended (49 U.S.C.1653(h), (i)).

(r) [Reserved](s)(1) Carry out the functions vested

in the Secretary by 49 App. U.S.C. 1808(a), (b), and (c), 1809, and 1810 relatingto investigations, records, inspections,penalties, and specific relief so far asthey apply to the transportation orshipment of hazardous materials byrailroad, including the manufacture,fabrication, marking, maintenance, re-conditioning, repair or test of contain-ers which are represented, marked, cer-tified, or sold for use in the bulk trans-portation of hazardous materials byrailroad.

(2) Carry out the functions vested inthe Secretary by 49 App. U.S.C. 1813 (a)and (b); and 1817.

(t) Carry out the functions vested inthe Secretary by sections 204(c); exceptauthority to issue subpoenas; 402; 403;502; 503; 504; 505; 506, except (c); 507; 508;511; 512; 513; 515; 517; 606; 610; 703; 704,except (c)(1); and 705; 707; 901; 905, asapplicable, of the Railroad Revitaliza-tion and Regulatory Reform Act of1976, as amended, section 5 of the De-partment of Transportation Act (49U.S.C. 1654), except authority to issuesubpoenas.

(u) Carry out functions vested in theSecretary by sections 17(a) and (b) (asthey relate to consultations with theAdministrator of the EnvironmentalProtection Agency) of the Noise Con-trol Act of 1972 (Pub. L. 92–574, 49U.S.C. 1431).

(v) Carry out the functions vested inthe Secretary by the Rock Island Rail-road Transition and Employee Assist-ance Act (title I of Pub. L. 96–254) andby section 18 of the Milwaukee Rail-road Restructuring Act (49 U.S.C. 916).


32


(w) Carry out the functions vested inthe Secretary by section 305 of the Re-gional Rail Reorganization Act of 1973,as amended (45 U.S.C. 745).

(x) Carry out the functions vested inthe Secretary by sections 4(a) and 5(c)of Executive Order 12316 of August 14,1981 (46 FR 42237, Aug. 20, 1981) (delegat-ing sections 107(c)(1)(c) and 108(b), re-spectively, of the Comprehensive Envi-ronmental Response, Compensation,and Liability Act of 1981, Pub. L. 96–510), insofar as they relate to rollingstock.

(y) Carry out the functions vested inthe Secretary by the Northeast RailService Act of 1981 (Pub. L. 97–35).

(z) Carry out the functions vested inthe Secretary by section 3 of theBridge Act of 1906, as amended (33U.S.C. 493), relating to disputes overthe terms and compensation for use ofrailroad bridges built under the Act.

(aa) Carry out the functions vested inthe Secretary by titles II through VIIof the Rail Safety and Service Im-provement Act of 1982 (Pub. L. 97–468),which relates to rail safety, rail fi-nances, and the transfer of The AlaskaRailroad to the State of Alaska.

(bb) Carry out the functions vested inthe Secretary by section 4031 of theBudget Reconciliation Act of 1986 (Pub.L. 99–509), which relates to the aboli-tion of the United States Railway As-sociation, and the execution of thefunctions and duties of the Associationtransferred to the Secretary, effectiveApril 1, 1987.

(cc) Carry out the functions vested inthe Secretary by section 18 (g) and (h)of the Rail Safety Improvement Act of1988 (Pub. L. 100–342).

(dd) Carry out the function vested inthe Secretary by section 1163 of theBankruptcy Code (11 U.S.C. 1163),which relates to the nomination oftrustee for rail carriers in reorganiza-tion, with the concurrence of the Officeof the General Counsel.

(ee) Carry out the functions vested inthe Secretary by sections 9, 10, 11, 12,and 13 of the Sanitary Food Transpor-tation Act of 1990 (Pub. L. 101–500; 104Stat. 1213), with respect to transpor-tation by railroad.

(ff) Exercise the authority vested inthe Secretary by the Crime ControlAct of 1990 (Pub. L. 101–647) as it relates

to a railroad police officer’s authorityto enforce the laws of any jurisdictionin which the police officer’s rail carrieremployer owns property.

(gg) Carry out the functions vested inthe Secretary by sections 16 and 21 ofthe Hazardous Materials Transpor-tation Uniform Safety Act of 1990 (Pub.L. 101–615; 104 Stat. 3244 (49 App. U.S.C.1813 note and 1817 note)).

(hh) Exercise the authority vested inthe Secretary by Section 601 (d) and (e)of the National and Community Serv-ice Act of 1990 (45 U.S.C. 546 note) as itrelates to the discharge of humanwaste from railroad passenger cars.

(ii) Carry out the functions and exer-cise the authority delegated to the Sec-retary in section 2(d)(2) of ExecutiveOrder 12777 (3 CFR, 1991 Comp.; 56 FR54757), with respect to rail transpor-tation, relating to the approval ofmeans to ensure the availability of pri-vate personnel and equipment to re-move, to the maximum extent prac-ticable, a worst case discharge, the re-view and approval of response plans,and the authorization of railroads, sub-ject to the Federal Water PollutionControl Act (33 U.S.C. 1321), to operatewithout approved response plans, ex-cept as delegated in § 1.46(m).

(jj) Exercise the authority vested inthe Secretary by the Swift Rail Devel-opment Act of 1994, being Title I—High-Speed Rail of Public Law 103–440(108 Stat. 4615), as it relates to the pro-vision of financial assistance for high-speed rail corridor planning and tech-nology improvements, the promulga-tion of necessary safety regulations,and the redemption of outstanding ob-ligations and liabilities with respect tothe Columbus and Greenville Railwayunder Sections 505 and 511 of the Rail-road Revitalization and Regulatory Re-form Act of 1976 (45 U.S.C. 825 and 831,respectively).

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]


§ 1.50 Delegation to the National High-way Traffic Safety Administrator.

The National Highway Traffic SafetyAdministrator is delegated authorityto:


33


(a) Carry out the National Trafficand Motor Vehicle Safety Act of 1966,as amended (15 U.S.C. 1381 et seq.).

(b) Carry out the Highway Safety Actof 1966, as amended (23 U.S.C. 401 etseq.), except for highway safety pro-grams, research and development relat-ing to highway design, constructionand maintenance, traffic control de-vices, identification and surveillance ofaccident locations, and highway-relat-ed aspects of pedestrian and bicyclesafety.

(c) Exercise the authority vested inthe Secretary by section 210(2) of theClean Air Act, as amended (42 U.S.C.7544(2)).

(d) Exercise the authority vested inthe Secretary by section 204(b) of theFederal Railroad Safety Act of 1970 (45U.S.C. 433(b)) with respect to laws ad-ministered by the National HighwayTraffic Safety Administrator pertain-ing to highway, traffic and motor vehi-cle safety.

(e) Carry out the Act of July 14, 1960,as amended (23 U.S.C. 313 note) and theNational Driver Register Act of 1982 (23U.S.C. 401 note).

(f) Carry out the functions vested inthe Secretary by the Motor Vehicle In-formation and Cost Savings Act of 1972,as amended (15 U.S.C. 1901 et seq.), ex-cept section 512.

(g) Administer the following sectionsof title 23, United States Code, with theconcurrence of the Federal HighwayAdministrator:

(1) 141, as it relates to certification ofthe enforcement of speed limits;

(2) 154 (a), (b), (d), (e), (f), (g) and (h);and

(3) 158.(h) Carry out the consultation func-

tions vested in the Secretary by Execu-tive Order 11912, as amended.

(i) Carry out section 209 of the Sur-face Transportation Assistance Act of1978, as amended (23 U.S.C. 401 note)and section 165 of the Surface Trans-portation Assistance Act of 1982, asamended (23 U.S.C. 101 note), with re-spect to matters within the primary re-sponsibility of the National HighwayTraffic Safety Administrator.

(j) Administer section 414(b)(1) of theSurface Transportation Assistance Actof 1982, as amended (49 U.S.C. 2314) withthe concurrence of the Federal High-

way Administrator, and section414(b)(2).

(k) Carry out section 2(c) of theTruth in Mileage Act of 1986 (15 U.S.C.1988 note).

(l) Carry out section 204(b) of theSurface Transportation and UniformRelocation Assistance Act of 1987, Pub-lic Law 100–17 (101 Stat. 132) with thecoordination of the Federal HighwayAdministrator.

(m) Carry out the functions vested inthe Secretary by section 15(f) of theSanitary Food Transportation Act of1990 (Pub. L. 101–500; 104 Stat. 1213).

[Amdt. 1–226, 53 FR 23122, June 20, 1988, asamended by Amdt. 1–239, 56 FR 6810, Feb. 20,1991]

§ 1.51 Delegations to Urban MassTransportation Administrator.

The Urban Mass Transportation Ad-ministrator is delegated authority toexercise the functions vested in theSecretary by:

(a) The Urban Mass TransportationAct of 1964, as amended (78 Stat. 302, 49U.S.C. 1601 et seq.), except section 18 asit relates to the formula grant programfor non-urbanized areas in the Com-monwealth of Puerto Rico and section22, relating to intercity bus service.

(b) Section 1 of Reorganization PlanNo. 2 of 1968 (84 Stat. 1369).

(c) Section 10 of the Urban MassTransportation Assistance Act of 1970,Public Law 91–453, 84 Stat. 962, 968).

(d) Sections 3 and 9 through 15 of theNational Capital Transportation As-sistance Act of 1969, as amended (D.C.Code, § 1–2441 et seq).

(e) The following sections of title 23,United States Code:

(1) 103 as it involves the withdrawalof Interstate routes and the substi-tution of non-highway public masstransit projects authorized by sub-section (e)(4);

(2) 101(a) as it involves approval ofboundaries of urban and urbanizedareas, 104(f)(4), 105(d), 106(b) as it in-volves the Federal-aid urban system,and 134; and

(3) 101 (b), (c), (d), and (e); 105 (a) and(g); 106 (a), (c) and (d); 108; 109 (a), (g),and (h); 110; 112; 113; 114; 116 (a) and (c);117; 121; 122; 124; 128; 140(a); 142; and 145as they involve mass transportation


34


projects authorized by sections103(e)(4), 142(a)(2), or 142(c).

(f) Sections 140, 146, 147, 164 and 165 ofthe Federal-Aid Highway Act of 1973, asamended (Pub. L. 93–87, title I, 87 Stat.250; Pub. L. 93–643, 88 Stat. 2281).

(g) Section 813 of the Housing andCommunity Development Act of 1974(Pub. L. 93–383).

(h) Section 107 of the National MassTransportation Assistance Act of 1974(Pub. L. 93–503, November 26, 1974).

(i) Title II of the National MassTransportation Assistance Act of 1974(Pub. L. 93–503, November 26, 1974), ex-cept sections 204 and 205.

(j) Sections 804, insofar as it relatesto 45 U.S.C. 744(e)(5); and 805, as appli-cable, of the Railroad Revitalizationand Regulatory Reform Act of 1976(Pub. L. 94–210).

(k) Section 148 of the Federal-AidHighway Act of 1976 (Pub. L. 94–280, 90Stat. 425).

(l) The following sections of the Sur-face Transportation Assistance Act of1978 (Pub. L. 95–599, 92 Stat. 2689): 155,316, 320, and title IV, as amended (as itrelates to matters within the primaryresponsibility of the Urban MassTransportation Administrator).

(m) Section 601(d) of the Rail Pas-senger Service Act, as amended.

(n) Section 2 of Public Law 98–229, 98Stat. 55, insofar as it relates to appor-tioning certain funds for Interstatesubstitute transit projects.

[Amdt. 1–157, 45 FR 83408, Dec. 18, 1980, asamended by Amdt. 1–168, 47 FR 16632, Apr. 19,1982; Amdt. 1–180, 48 FR 15476, Apr. 11, 1983;Amdt. 1–187, 48 FR 52678, Nov. 21, 1983; Amdt.1–191, 49 FR 6908, Feb. 24, 1984; Amdt. 1–203, 50FR 30275, July 25, 1985]

§ 1.52 Delegations to Saint LawrenceSeaway Development CorporationAdministrator.

The Administrator of the Saint Law-rence Seaway Development Corpora-tion is delegated authority to:

(a) Carry out the functions vested inthe Secretary by sections 4, 5, 6, 7, 8, 12and 13 of section 2 of the Port andTanker Safety Act of 1978 (92 Stat.1471) as they relate to the operation ofthe St. Lawrence Seaway.

(b) Carry out the functions vested inthe Secretary by section 5 of the Inter-national Bridge Act of 1972 (Pub. L. 92–

434) as it relates to the St. LawrenceRiver.

(c) Carry out the functions vested inthe Secretary by section 3(d) of the Actto Prevent Pollution from Ships (33U.S.C. 1902(d)) as it relates to shipsowned or operated by the Corporationwhen engaged in noncommercial serv-ice.

(d)–(e) [Reserved]

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975, asamended by 45 FR 48630, July 21, 1980; Amdt.1–167, 47 FR 11677, Mar. 18, 1982; 60 FR 38971,July 31, 1995; Amdt. 1–272, 60 FR 63450, Dec.11, 1995; Amdt. 1–292, 63 FR 10782, Mar. 5, 1998]

§ 1.53 Delegations to the Administratorof the Research and Special Pro-grams Administration.

Administration. The Administrator ofthe Research and Special Programs Ad-ministration is delegated authority toexercise powers and perform duties, in-cluding duties under the specified stat-utes as follows:

(a) Pipelines. (1) Natural Gas PipelineSafety Act of 1968, as amended (49U.S.C. 1671 et seq.).

(2) Mineral Leasing Act, as amended(Pub. L. 93–153, 30 U.S.C. 185).

(3) Deepwater Port Act of 1974 (Pub.L. 93–627, 33 U.S.C. 1501 et seq.) relatingto the establishment, enforcement andreview of regulations concerning thesafe construction, operation or mainte-nance of pipelines on Federal lands andthe Outer Continental Shelf (33 U.S.C.1520).

(4) Section 5 of the InternationalBridge Act of 1972 (Pub. L. 92–434, 33U.S.C. 535) as it relates to pipelines notover navigable waterways.

(5) Hazardous Liquid Pipeline SafetyAct of 1979, as amended (49 U.S.C. 2001et seq.).

(6) Outer Continental Shelf LandsAct (43 U.S.C. 1331 et seq.) as amended,with respect to establishment, enforce-ment and review of regulations con-cerning pipeline safety.

(7) Sections 4(a) and 5(c) of ExecutiveOrder 12316 of August 14, 1981 (46 FR42237, August 20, 1981) (delegating sec-tions 107(c)(1)(c) and 108(b), respec-tively, of the Comprehensive Environ-mental Response, Compensation, andLiability Act of 1981, Pub. L. 96–510), in-sofar as they relate to pipelines.


35


(8) Section 7005 of the ConsolidatedOmnibus Budget Reconciliation Act of1985, as it relates to pipeline safetyuser fees.

(b) Hazardous materials. (1) Sections101–121 of the Hazardous MaterialsTransportation Act of 1975 (49 App.U.S.C. 1801–1819), as amended by theHazardous Materials TransportationUniform Safety Act of 1990 (104 Stat.3244), except as delegated by §§ 1.46(t),1.47(j), 1.48(u)(2), and 1.49(s)(2), and ex-cept that the enforcement activities ofthe Research and Special Programs Ad-ministration (RSPA) shall be limitedto any matter relating to or concern-ing any of the following:

(i) Any violation of an exemption orapproval issued under that Act;

(ii) Any violation of any requirementfor a telephonic or written report of ahazardous materials incident or anyother reporting requirement imposedunder that Act;

(iii) Any manufacture, fabrication,marking, maintenance, reconditioning,repair, testing, or retesting of anypackaging, except modal-specific bulkpackaging, which is represented,marked, certified, or sold for use in thetransportation of hazardous materials,including any United Nations standardor DOT specification or exemptionpackaging;

(iv) Any manufacture, fabrication,marking, maintenance, reconditioning,repair, testing, or retesting of anymodal-specific bulk packaging, whichis represented, marked, certified, orsold for use in the transportation ofhazardous materials, including anyUnited Nations standard or DOT speci-fication or exemption packaging, onlywhen requested by the modal adminis-tration with primary responsibility forsuch activity;

(v) Any carrier of hazardous mate-rials only when requested by the modaladministration with primary respon-sibility for inspecting such carrier;

(vi) Any offeror of any hazardous ma-terial for transportation with respectto its offering of any hazardous mate-rial for transportation in:

(A) Any modal-specific bulk packag-ing only when requested by the modaladministration with primary respon-sibility for inspecting such packaging;or

(B) Any other packaging.

This delegation to the Administratorof RSPA does not limit the enforce-ment authority of the Administratorsof FHWA, FRA, and FAA, and the Com-mandant of the Coast Guard under theHazardous Materials TransportationAct, as amended. Those agencies haveenforcement authority over all aspectsof the transportation or shipment ofhazardous materials by their respectivemodes, including the manufacture, fab-rication, marking, maintenance, recon-ditioning, repair, testing, or retestingof any bulk packaging intended or rep-resented as intended for use in thetransportation of hazardous materialsby their respective modes.

(2) Serves as the Department’s pointof contact and consults with the Envi-ronmental Protection Agency on mat-ters arising under section 3003 of theResources Conservation and RecoveryAct (42 U.S.C. 6923) and section 9 of theToxic Substances Control Act (15U.S.C. 2608).

(3) Sections 601(c) and 902(h)(1) of theFederal Aviation Act of 1958, as amend-ed (49 U.S.C. 1421 and 1472(h)(1), respec-tively), as they relate to regulationsgoverning the transportation of haz-ardous materials by air.

(4) Section 16, 25, 26, and 29 of theHazardous Materials TransportationUniform Safety Act of 1990 (Pub. L.101–615; 104 Stat. 3244 (49 app. U.S.C.1813 note, 1804 note; 29 U.S.C. 655 note)).

(5) Section 406 of the ICC Termi-nation Act of 1995 (Public Law 104–88)relating to the issuance of regulationsconcerning the use of certain fiberdrum packagings for the transpor-tation of liquid hazardous materials,including contracting for a study bythe National Academy of Sciences.

(c) Passenger and cargo security. (1)Serve as the Department’s point ofcontact in relationships with Govern-ment, state, regional, local and privategroups and organizations in mattersrelative to the Department-wide pro-gram for enhancing the safety and se-curity of passengers and cargo in tran-sit.

(d) Intermodal transport. (1) Section4(e) of the International Safe ContainerAct (Pub. L. 95–208, 91 Stat. 1475).

(2) [Reserved]


36


(e) Emergency preparedness. Carry outthe functions related to emergency pre-paredness vested in the Secretary by 49U.S.C. 101 and 301 or delegated to theSecretary by or through the DefenseProduction Act of 1950, 50 U.S.C. App.2061 et seq.; Executive Order 10480, asamended; Executive Order 12148; Execu-tive Order 12656; Executive Order 12742;Reorganization Plan No. 3 of 1978; andsuch other statutes, executive orders,and other directives as may pertain toemergency preparedness.

(f) Working Capital Fund for Financingthe Activities of the Transportation Sys-tems Center. (1) Section 207 of PublicLaw 96–254 (49 U.S.C. 1657(r)), authoriz-ing the Secretary to establish a work-ing capital fund for financing the ac-tivities of the Transportation SystemsCenter.

(2) [Reserved](g) [Reserved](h) Science and technology. (1) With re-

spect to scientific and technologicalmatters, serve as principal advisor tothe Secretary and representative of theDepartment to the academic commu-nity, the private sector, professionalorganizations, and other Governmentagencies.

(2) Serve as principal liaison officialfor the Department of Transportationwith the Office of Science and Tech-nology Policy in the Executive Officeof the President.

(3) Serve as Chairperson of the De-partment of Transportation’s Researchand Development Coordinating Coun-cil.

(4) Serve as Chairperson of the De-partment of Transportation NavigationCouncil.

(5) Serve as primary official respon-sible for coordination and oversight ofthe Department’s implementation ofsection 2 of the Federal TechnologyTransfer Act of 1986 (Pub. L. No. 99–502;15 U.S.C. 3710a), relating to the transferof Federal technology to the market-place.

(i) Carry out the functions vested inthe Secretary by sections 4, 5, 6, 7, and8 of the Sanitary Food TransportationAct of 1990 (Pub. L. 101–500; 104 Stat.1213).

(j) Section 8 of the Independent Safe-ty Board Act Amendments of 1990 (Pub.

L. 101–641; 104 Stat. 4654 (49 app. U.S.C.1804 note)).

(k)(1) Carry out the functions and ex-ercise the authority delegated to theSecretary in Executive Order 12777 (3CFR, 1991 Comp.; 56 FR 54757) in section2(b)(2) relating to the establishment ofprocedures, methods, and equipmentand other requirements for equipmentto prevent discharges from, and to con-tain oil and hazardous substances in,pipelines, motor carriers, and rail-roads. (See 49 CFR 1.46 and 1.66.)

(2) Carry out the functions and exer-cise the authority delegated to the Sec-retary in section 2(d)(2) of ExecutiveOrder 12777 (3 CFR, 1991 Comp.; 56 FR54757) relating to the issuance of regu-lations requiring the owners or opera-tors of pipelines, motor carriers, andrailroads, subject to the Federal WaterPollution Control Act (33 U.S.C. 1321),to prepare and submit response plans,except as delegated in section 1.46(m).For pipelines subject to the FederalWater Pollution Control Act (33 U.S.C.1321), this authority includes the ap-proval of means to ensure the avail-ability of private personnel and equip-ment to remove, to the maximum ex-tent practicable, a worst case dis-charge, the review and approval of re-sponse plans, and the authorization ofpipelines to operate without approvedresponse plans.

(l) University Grants Program. Sec-tions 11(b) and 11(c) of the FederalTransit Act, as amended, 49 U.S.C. App.1607c(b) and 1607c(c), except for the pro-visions in sections 11(b)(8)(b) and11(b)(10).

[Amdt. 1–130, 43 FR 5516, Feb. 9, 1978]


§ 1.54 Delegations to all Secretarial Of-ficers.

(a) This section sets forth generaldelegations to the Deputy Secretary,the Deputy Under Secretary, the Gen-eral Counsel, the Inspector General andthe Assistant Secretaries.

(b) Each officer named in paragraph(a) of this section is delegated author-ity to:

(1) Redelegate and authorize succes-sive redelegations of authority granted


37


by the Secretary within their respec-tive organizations, except as limited bylaw or specific administrative reserva-tion, including authority to publishthose redelegations in appendix A ofthis part.

(2) Authorize and approve officialtravel (except foreign travel) andtransportation for themselves, theirsubordinates, and others performingservices for, or in cooperation with, theOffice of the Secretary. This authoritymay be redelegated in accordance withregulations issued by the AssistantSecretary for Administration.

(3) Communicate directly with chair-men of Field Coordination Groups pro-vided such communications are largelyinformational in character and do notconflict with program responsibilitiesof the operating administrations.

(4) Establish ad hoc committees forspecific tasks within their assignedstaff area.

(5) Establish, modify, extend, or ter-minate standing committees withintheir specific areas of responsibilitywhen directed or authorized to do so bythe Secretary.

(6) Designate members of interagencycommittees when such committees arespecifically concerned with responsibil-ities of direct interest to their office.

(7) Exercise the following authoritieswith respect to executive level posi-tions (GS–16, 17, or 18 or equivalent)within their respective areas of respon-sibility:

(i) Determine how executive level po-sitions will be filled; i.e., by reassign-ment, promotion, appointment.

(ii) Establish selection criteria to beused in identifying eligible candidates.

(iii) Confer with the Administratorson selection criteria and candidates foran executive level position that is acounterpart of an activity or positionin the Office of the Secretary.

(iv) Recommend final selection forexecutive level positions, subject to re-view by the Executive Committee ofthe Departmental Executive PersonnelBoard and approval by the Secretaryand the Civil Service Commission.

(v) Serve as ad hoc member of the De-partmental Executive Personnel Boardat the call of the Chairman and serveon the Board’s Executive Committeewhenever matters involving their re-

spective offices or a functional coun-terpart thereof in an operating admin-istration are presented to the Execu-tive Committee for its consideration.

(8) Enter into inter- and intra-depart-mental reimbursable agreements otherthan with the head of another depart-ment or agency (31 U.S.C. 686). This au-thority may be redelegated only to of-fice directors or other comparable lev-els and to contracting officers.

(9) Administer and perform the func-tions described in their respectivefunctional statements.

(10) Exercise the authority of theSecretary to make certifications, find-ings and determinations under the Reg-ulatory Flexibility Act (Pub. L. 96–354)with regard to any rulemaking docu-ment for which issuance authority isdelegated by other sections in thispart. This authority may be redele-gated to those officials to whom docu-ment issuance authority has been dele-gated.

(11) Exercise the authority of theSecretary to resolve informal allega-tions of discrimination arising in or re-lating to their respective organizationsthrough Equal Employment Oppor-tunity counseling or the AlternativeDispute Resolution process and to de-velop and implement affirmative ac-tion and diversity plans within theirrespective organizations.

(49 U.S.C. 1657(e)(1))

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975, asamended by Amdt. 1–114, 41 FR 1288, Jan. 7,1976; Amdt. 1–157, 45 FR 83408, Dec. 18, 1980;Amdt. 1–159, 46 FR 22593, Apr. 20, 1981; Amdt.265, 60 FR 2891, Jan. 12, 1995]

§ 1.55 Delegations to Deputy Secretary.

The Deputy Secretary may exercisethe authority of the Secretary exceptwhere specifically limited by law,order, regulations, or instructions ofthe Secretary. In addition, the DeputySecretary is delegated authority to:

(a) Exercise executive control overthe Departmental Planning-Program-ming-Budgeting System.

(b) Serve as Chairman of the Depart-mental Executive Personnel Board andits Executive Committee.

(c) Originate direct correspondenceto chairmen of Field Coordination


38


Groups on overall Departmental mat-ters.

(d) Approve the establishment, modi-fication, extension, or termination of:

(1) Department-wide (intra-depart-ment) committees affecting more thanone program.

(2) OST-sponsored interagency com-mittees.

(3) All advisory committees (includ-ing industry advisory committees) ex-cept those sponsored by field activitiesof the operating administrations.

(e) Approve the designation of:(1) Departmental representatives and

the chairman for interagency commit-tees sponsored by the Office of the Sec-retary.

(2) Departmental representatives onall advisory committees except thosesponsored by a field component of oneof the operating administrations or theMaterials Transportation Bureau.

(3) Departmental members for inter-national committees.

(f) Authorize and approve officialtravel and transportation for self, sub-ordinates, and others performing serv-ices for or in cooperation with the Of-fice of the Secretary; and authorize andapprove official foreign travel of allDepartmental personnel and othersperforming travel for the Department.

(g) Serve as the representative of theSecretary on the board of directors ofthe National Railroad Passenger Cor-poration and carry out the functionsvested in the Secretary as a member ofthe board by section 303 of the RailPassenger Service Act of 1970 (84 Stat.1330).

(h) Serve as the representative of theSecretary as incorporator, member ofthe acting board of directors, memberof the board of directors, and memberof the executive committee of theboard of directors, of the United StatesRailway Association and when so serv-ing carry out the functions vested inthe Secretary in each capacity by titleII of the Regional Rail ReorganizationAct of 1973 (Pub. L. 93–236), as amended.

(i) Serve as the representative of theSecretary as incorporator, member ofthe interim board of directors estab-lished by section 301(c) of the RegionalRail Reorganization Act of 1973 (Pub.L. 93–236), and member of the board ofdirectors, of the Consolidated Rail Cor-

poration and when so serving carry outthe functions vested in the Secretaryin each capacity by title III of the Re-gional Rail Reorganization Act of 1973(Pub. L. 93–236).

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975, asamended by Amdt. 1–114, 41 FR 1288, Jan. 7,1976; Amdt. 1–116, 41 FR 20680, May 20, 1976;Amdt. 1–126, 41 FR 56327, Dec. 28, 1976; Amdt.1–157, 45 FR 83408, Dec. 18, 1980; Amdt. 1–165,46 FR 55266, Nov. 9, 1981]

§ 1.56 Delegations to the Assistant Sec-retary for Transportation Policy.

The Assistant Secretary for Trans-portation Policy is delegated authorityto:

(a) Establish policy and maintainoversight of implementation of the Na-tional Environmental Policy Act of1969, as amended (42 U.S.C. 4321–4347)within the Department of Transpor-tation.

(b) Oversee the implementation ofsection 4(f) of the Department ofTransportation Act of 1969 (49 U.S.C.303).

(c) Represent the Secretary of Trans-portation on various interagencyboards, committees, and commissionsto include the Architectural and Trans-portation Barriers Compliance Boardand the Advisory Council on HistoricPreservation.

(d) Except with respect to proceed-ings under section 4(e) of the Depart-ment of Transportation Act (49 U.S.C.307) relating to safety fitness of an ap-plicant, decide on requests to interveneor appear before administrative agen-cies to present the views of the Depart-ment subject to concurrence by theGeneral Counsel.

(e) Carry out the functions vested inthe Secretary by section 656 of the De-partment of Energy Organization Act(42 U.S.C. 7266) which pertains to plan-ning and implementing energy con-servation matters with the Departmentof Energy. Serves as the Department’sprincipal conservation officer.

[Amdt. 1–261, 59 FR 10063, Mar. 3, 1994]

§ 1.56a Delegations to the AssistantSecretary for Aviation and Inter-national Affairs.

The Assistant Secretary for Aviationand International Affairs is delegatedauthority to:


39

Office of the Secretary of Transportation § 1.56a

(a) Represent the Secretary of Trans-portation on various interagencyboards, committees, and commissionsto include the Trade Policy ReviewGroup and the Trade Policy Staff Com-mittee.

(b) Except with respect to proceed-ings under section 4(e) of the Depart-ment of Transportation Act (49 U.S.C.307) relating to safety fitness of an ap-plicant, decide on requests to interveneor appear before administrative agen-cies to present the views of the Depart-ment subject to concurrence by theGeneral Counsel.

(c) Carry out the functions of theSecretary pertaining to aircraft withrespect to Transportation Orders T–1and T–2 (44 CFR chapter IV) under theAct of September 8, 1950, as amended(50 U.S.C. app. 2061 et seq.) and Execu-tive Order No. 10480 (3 CFR, 1949–1953comp., p. 962), as amended.

(d) Serve as Department of Transpor-tation member of the InteragencyGroup on International Aviation, andpursuant to Executive Order No. 11382(3 CFR, 1966–1970 comp., p. 691), asamended, serve as Chair of the Group.

(e) Serve as second alternate rep-resenting the Secretary of Transpor-tation to the Trade Policy Committeeas mandated by Reorganization PlanNo. 3 of 1979 (5 U.S.C. app. at 1381 (1988))and Executive Order No. 12188 (3 CFR,1980 comp., p. 131), as amended.

(f)(1) As supplemented by 14 CFR part385, as limited by paragraph (f)(2) ofthis section, and except as provided in§§ 1.53(g), 1.57(a), and 1.57(s) of this title,carry out the functions transferred tothe Department from the Civil Aero-nautics Board under the following stat-utes:

(i) 49 U.S.C. app. 1551(b); and(ii) Section 4(a)(1) through (4), (6),

and (8) through (10) of the Civil Aero-nautics Board Sunset Act of 1984 (49U.S.C. app. 1553(a)(1) through (4), (6),and (8) through (10)).

(2) Insofar as the delegation in thisparagraph (f) authorizes review of deci-sions of the Designated Senior CareerOfficial in the Office of the AssistantSecretary for Aviation and Inter-national Affairs under § 1.56b of thistitle, the authority is limited to ap-proving any such decision or remand-ing it for reconsideration by the Des-

ignated Senior Career Official, with afull written explanation of the basis forthe remand.

(g) Carry out the functions vested inthe Secretary by the following sub-sections of section 1115 of the FederalAviation Act of 1958, as amended,which relates to the security of foreignairports:

(1) Subsection 1115(e)(1), in coordina-tion with the General Counsel, and theFederal Aviation Administrator; and

(2) Subsection 1115(e)(3), in coordina-tion with the General Counsel, the Fed-eral Aviation Administrator, the As-sistant Secretary for Governmental Af-fairs, and the Assistant Secretary forAdministration.

(h) Carry out the following statutoryprovisions relating to consumer protec-tion:

(1) Section 4(a)(5) of the Civil Aero-nautics Board Sunset Act of 1984 (49U.S.C. app. 1553(a)(5)) relating to en-forcement of the Consumer Credit Pro-tection Act;

(2) Sections 101(3) (relating to reliev-ing certain carriers from provisions ofthe Federal Aviation Act), 204 (relatingto taking such actions and issuing suchregulations as may be necessary tocarry out responsibilities under theAct), 404 (relating to enforcing theduty of carriers to provide safe andadequate service), 407(a) (relating to re-quiring the production of information),407(e) (relating to entering carrierproperty, and inspecting records), 411(relating to determining whether anycarrier or ticket agent is engaged inunfair or deceptive practices or unfairmethods of competition), and 416 (re-lating to establishing just and reason-able classifications of carriers andrules to be followed by each) of theFederal Aviation Act of 1958, as amend-ed, (49 U.S.C. 1301(3), 1324, 1374, 1377 (a)and (e), 1381, and 1386) as appropriate tothe consumer protection functions inthis paragraph.

(i) Carry out the functions of the Sec-retary pertaining to a determination ofwhether a fee imposed upon one ormore air carriers by the owner or oper-ator of an airport is reasonable undersection 113 of the Federal Aviation Ad-ministration Authorization Act of 1994


40

49 CFR Subtitle A (10–1–98 Edition)§ 1.56b

(August 23, 1994; Pub. L. 103–305; 108Stat. 1577–1579).

[Amdt. 1–261, 59 FR 10063, Mar. 3, 1994, asamended by Amdt. 1–266, 60 FR 11046, Mar. 1,1995; Amdt. 1–269, 60 FR 15877, Mar. 28, 1995]

§ 1.56b Delegations to the DesignatedSenior Career Official, Office of theAssistant Secretary for Aviationand International Affairs.

The Designated Senior Career Offi-cial in the Office of the Assistant Sec-retary for Aviation and InternationalAffairs is delegated exclusive authorityto make decisions in all hearing casesto select a carrier for limited-designa-tion international route authority, andin any other case that the Secretarydesignates, under the authority trans-ferred to the Department from theCivil Aeronautics Board described in§§ 1.56a(f) and 1.57(s) of this title; thisincludes the authority to adopt, rejector modify recommended decisions ofadministrative law judges.

[Amdt. 1–261, 59 FR 10064, Mar. 3, 1994, asamended by Amdt. 1–269, 60 FR 15877, Mar. 28,1995]

§ 1.57 Delegations to General Counsel.

The General Counsel is delegated au-thority to:

(a) Conduct all rule-making proceed-ings, except the issuance of final rules,under specific laws relating generallyto standard time zones and daylightsaving (advanced standard) time.

(b) Determine the practicability ofapplying the standard time of anystandard time zone to the movementsof any common carrier engaged ininterstate or foreign commerce andissue operating exceptions in any casein which the General Counsel deter-mines that it is impractical to applythe standard time.

(c) Provide and coordinate the De-partment’s counseling service to em-ployees on questions of conflict of in-terest and other matters of legal im-port covered by Departmental regula-tions on employee responsibility andconduct. Assure that counseling andinterpretations on these matters areavailable to designated Deputy Coun-selors of the Department. Serve as theDepartment’s designee to the CivilService Commission on these matters.

(d) Serve as the alternate representa-tive of the Secretary on the Board ofDirectors of the National Railroad Pas-senger Corporation when so designatedby the Secretary or Deputy Secretaryand carry out the functions vested inthe Secretary as a member of the boardby section 303 of the Rail PassengerService Act of 1970 (84 Stat. 1330).

(e) Review and take final action onreferrals of the findings of the Boardfor Correction of Military Records ofthe Coast Guard (except with respectto those matters on which the Sec-retary’s authority to take final actionis exercised by the Board pursuant to33 CFR 52.35–15) and the Coast GuardDischarge Review Board.

(f) Approve vacation of suspension ofdismissal of military personnel (10U.S.C. 872(b)).

(g) Grant permission, under specificcircumstances, to deviate from a policyor procedure prescribed by part 9 of theregulations of the Office of the Sec-retary (part 9 of this subtitle) with re-spect to testimony of OST employeesas witnesses in legal proceedings, theserving of legal process and pleadingsin legal proceedings involving the Sec-retary or his Office, and the productionof records of that Office pursuant tosubpoena.

(h) Prepare proposed Executive or-ders and proclamations (includingtransmittal documents), effect appro-priate Departmental coordination, anddetermine whether the transmittal tothe Office of Management and Budgetshould be submitted over the Sec-retary’s signature or the General Coun-sel’s.

(i) Emboss and affix the official De-partmental seal to appropriate docu-ments and other materials, for all pur-poses for which authentication by sealis required.

(j) Except with respect to proceedingsunder section 4(e) of the Department ofTransportation Act (80 Stat. 934) relat-ing to safety fitness of an applicant,decide on requests to intervene or ap-pear before courts or agencies topresent the views of the Department,subject to the concurrence of other in-terested staff elements in the Office ofthe Secretary.


41

Office of the Secretary of Transportation § 1.57b

(k) Exercise the authority delegatedto the Department by the Assistant At-torney General, Land and Natural Re-sources Division, in his order of Octo-ber 2, 1970, to approve the sufficiency ofthe title to land being acquired by pur-chase or condemnation by the UnitedStates for the use of the Department.Redelegation and successive redelega-tions of this authority may only bemade to attorneys within the Depart-ment.

(l) Issue regulations making editorialchanges or corrections in the Regula-tions of the Office of the Secretary.

(m) Review and take final action onapplications for reconsideration of ini-tial decisions not to disclose unclassi-fied records of the Office of the Sec-retary requested under 5 U.S.C.552(a)(3).

(n) Consider, ascertain, adjust, deter-mine, compromise, and settle for anamount not exceeding $25,000, any tortclaim arising from the activities of anyemployee of the Office of the Sec-retary. Request the approval of the At-torney General for any such award,compromise, or settlement in excess of$25,000 (28 U.S.C. 2672).

(o) Conduct coordination with foreigngovernments under section 118 of theDeep Seabed Hard Mineral ResourcesAct (June 21, 1980).

(p) Grant or deny petitions for exten-sion of time to file a document underpart 202 of title 46.

(q) Deny petitions for rulemaking orpetitions for exemptions in accordancewith § 5.13(c) of this title, and notify pe-titioners of denials in accordance with§ 5.13(d) of this title.

(r) Exercise the review authority del-egated to the Secretary by the Presi-dent in Executive Order 12597 of May13, 1987.

(s) Assist and protect consumers intheir dealings with the air transpor-tation industry and assist state andlocal organizations in handling airlineconsumer complaints. Carry out 49U.S.C. 40113 and 41771 as appropriate tothose functions.

(10 U.S.C. 1552; 49 U.S.C. 1655(b); 49 U.S.C. 322;49 CFR 1.57(l))

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]

EDITORIAL NOTE: For FEDERAL REGISTER ci-tations affecting § 1.57, see the List of CFR

Sections Affected in the Finding Aids sec-tion of this volume.

§ 1.57a Delegations to Deputy GeneralCounsel.

The Deputy General Counsel is dele-gated authority to:

(a) Appear on behalf of the Depart-ment on the record in hearing cases,and to initiate and carry out enforce-ment actions on behalf of the Depart-ment, under the authority transferredto the Department from the Civil Aero-nautics Board as described in §§ 1.56a(f)and 1.57(s). This includes the authorityto compromise penalties under 49U.S.C. 46301; to issue appropriate or-ders, including cease and desist orders,under 49 U.S.C. 46101; and to require theproduction of information, enter car-rier property and inspect records andinquire into the management of thebusiness of a carrier under 49 U.S.C.41711, as appropriate to the enforce-ment responsibilities. In carrying outthese functions, the Deputy GeneralCounsel is not subject to the super-vision of the General Counsel.

(b) Initiate and carry out enforce-ment actions relating to:

(1) Foreign airport security on behalfof the Department under 49 U.S.C.44907; and

(2) The Consumer Credit ProtectionAct under section 4(a)(5) of the CivilAeronautics Board Sunset Act of 1984(October 4, 1984; Pub. L. 98–443). In car-rying out these functions, the DeputyGeneral Counsel is not subject to thesupervision of the General Counsel.

[Amdt. 1–269, 60 FR 15877, Mar. 28, 1995]

§ 1.57b Delegations to the AssistantGeneral Counsel for Environmental,Civil Rights, and General Law.

Administer 5 U.S.C. 552 and 49 CFRpart 7 in connection with the records ofthe Office of the Secretary (includingthe Office of the Inspector General) andissue procedures to ensure uniform De-partmental implementation of statutesand regulations regarding public accessto records.

[Amdt. 1–228, 54 FR 10010, Mar. 9, 1989, asamended by Amdt. 1–261, 59 FR 10064, Mar. 3,1994]


42


§ 1.58 Delegations to Assistant Sec-retary for Budget and Programs.

The Assistant Secretary for Budgetand Programs is delegated authorityto:

(a) Exercise day-to-day operatingmanagement responsibility over theOffice of Programs and Evaluation andthe Office of Budget.

(b) Direct and manage the Depart-mental planning, evaluation, and budg-et activities.

(c) Request apportionment or re-apportionment of funds by the Office ofManagement and Budget, provided thatno request for apportionment or re-apportionment which anticipates theneed for a supplemental appropriationshall be submitted to the Office ofManagement and Budget without ap-propriate certification by the Sec-retary.

(d) Issue allotments or allocations offunds to components of the Depart-ment.

(e) Authorize and approve officialtravel and transportation for staffmembers of the Immediate Office ofthe Secretary including authority tosign and approve related travel ordersand travel vouchers, but not includingrequests for overseas travel.

(f) Issue monetary authorizations foruse of reception and representationfunds.

(g) Act for the Secretary and DeputySecretary with respect to certain budg-etary and administrative matters re-lating to the Immediate Office of theSecretary.

(h) Provide Congressional Notifica-tion for Energy Savings PerformanceContracts (ESPCs) with cancellationceilings in excess of $750,000, pursuantto the National Energy ConservationPolicy Act, as amended, 42 U.S.C. 8287et seq.

[Amdt. 1–130, 42 FR 58754, Nov. 11, 1977. Re-designated by Amdt. 1–157, 45 FR 83409, Dec.18, 1980, as amended by Amdt. 1–293, 63 FR33589, June 19, 1998]

§ 1.59 Delegations to the Assistant Sec-retary for Administration.

The Assistant Secretary for Adminis-tration is delegated authority for thefollowing:

(a) Acquisition. (1) Exercise procure-ment authority with respect to re-

quirements of the Office of the Sec-retary.

(2) Make the required determinationswith respect to mistakes in bids rel-ative to sales of personal property con-ducted by the Office of the Secretarywithout power of redelegation.

(3) Carry out the functions vested inthe Secretary by sections 3 and 4(b) (asappropriate) of Executive Order 11912.

(4) Carry out the functions delegatedto the Secretary from time to time bythe Administrator of General Servicesto lease real property for Departmentuse.

(b) Personnel. (1) Conduct a personnelmanagement program for the Office ofthe Secretary with authority to take,direct others to take, recommend orapprove any personnel action with re-spect to such authority.

(2) Serve as Vice Chairman of the De-partmental Executive Resources Boardand its Executive Resources ReviewCommittee.

(3) Exercise emergency authority tohire without the prior approval of theDeputy Secretary normally required byDepartmental procedures implement-ing general employment limitationswhen in the judgment of the AssistantSecretary immediate action is nec-essary to effect the hire and avoid theloss of a well-qualified job applicant,and for similar reasons.

(4) Review proposals of the Office ofthe Secretary for each new appoint-ment or transfer to:

(i) Verify the essentiality of the posi-tion, and

(ii) [Reserved](5) Approve employment of experts

and consultants in accordance with 5U.S.C. 3109.

(6) Serve as Vice Chairman of the De-partmental Executive Personnel Boardand its Executive Committee.

(7) Issue final interpretations for theDepartment and its administrations onmatters arising under section 7117 oftitle VII of the Civil Service ReformAct of 1978.

(8) Develop, coordinate, and issuewage schedules for Department em-ployees under the Federal Wage Sys-tem, except as delegated to the Com-mandant of the Coast Guard at § 1.46.

(c) Finance. (1) Administer the finan-cial and fiscal affairs of the Office of


43


the Secretary (other than those forwhich the Assistant Secretary forBudget and Programs is responsible),in accordance with 31 U.S.C. 3512.

(2) Designate to the Treasury Depart-ment certifying officers and designatedagents for the Office of the Secretaryand imprest fund cashiers for the De-partmental headquarters. (Redelega-tion to the Director of Financial Man-agement is contained in subpart C,§ 1.59a.)

(3) In accordance with 31 U.S.C. 3527,grant or recommend relief from ac-countability for losses or deficienciesof disbursing officers, cashiers, or otheraccountable officers as follows:

(i) Grant relief for losses or defi-ciencies of less than $500 for whichcharges or exceptions have not beenraised by the General Accounting Of-fice.

(ii) Recommend relief by the Comp-troller General for all other losses ordeficiencies.

(4) Settle and pay claims by employ-ees of the Office of the Secretary, ex-cept at the Transportation SystemCenter, for personal property losses, asprovided by 31 U.S.C. 241(b).

(5) Waive claims and make refunds inconnection with claims of the UnitedStates for erroneous payment of payand allowances or of travel, transpor-tation, and relocation expenses and al-lowances to an employee of the Officeof the Secretary in amounts aggregat-ing not more than $1,500 without regardto any repayments, and deny requestsfor waiver of such claims regardless ofthe aggregate amount of the claim, asprovided by 4 CFR parts 91, 92, and 93.This authority may be redelgated onlyto the Director of Financial Manage-ment.

(6) Compromise, suspend collectionaction on, or terminate claims of theUnited States not exceeding $100,000(excluding interest) which are referredto, or arise out of the activities of, theOffice of the Secretary.

(7) Determine the existence andamount of indebtedness and the meth-od of collecting repayments from em-ployees of the Office of the Secretaryand collect repayments accordingly, asprovided by 5 U.S.C. 5514. This author-ity may be redelegated only to the Di-rector of Financial Management.

(8) Sign Budget Execution reports re-quired by OMB Circular A–34, for theOffice of the Secretary. (Redelegationto the Director of Financial Manage-ment is contained in subpart C, § 1.59a.)

(9) Review and approve for paymentany voucher for $25 or less the author-ity for payment of which is questionedby a certifying or disbursing officer.(Redelegation to the Director of Finan-cial Management is contained in sub-part C, § 1.59a.)

(10) Approve cash purchases of emer-gency passenger transportation serv-ices costing over $100 under FPMR G–72, as amended.

(11) Perform accounting and relatedfunctions in support of the essential airservice program.

(12) Carry out the functions and obli-gations assigned to the Secretary withrespect to the Prompt Payment Act,Public Law 97–177.

(13) Carry out the functions and du-ties assigned to the Secretary with re-spect to the Debt Collection Act of1982, Public Law 97–365.

(d) Special funds. Except as otherwisedelegated, establish or operate, orboth, such special funds as may be re-quired by statute or by administrativedetermination. This excludes theWorking Capital Fund (49 U.S.C. 327).

(e) Security. (1) Represent the Sec-retary on the National Communica-tions Security Committee and Inter-departmental Committee on InternalSecurity.

(2) Issue identification media ‘‘by di-rection of the Secretary’’.

(3) Classify information in the inter-ests of national defense.

(4) Take certain classified actions onbehalf of the Department in connectionwith counter-audio programs.

(5) Authorize exceptions to investiga-tive standards for National Defense Ex-ecutive Reservists.

(6) Determine when emergencies,other than attack on the UnitedStates, justify activation of PersonnelSecurity Regulations issued by theSecretary.

(7) Approve exceptions to the Person-nel Security regulations issued by theSecretary.

(8) Request the Office of PersonnelManagement to modify investigativerequirements in other areas.


44

49 CFR Subtitle A (10–1–98 Edition)§ 1.59a

(9) Ensure Department-wide compli-ance with Executive Orders 10450, 12829,12958, 12968, and related regulations andissuances.

(f) Printing. (1) Request approval ofthe Joint Committee on Printing, Con-gress of the United States, for any pro-curement or other action requiringCommittee approval.

(2) Certify the necessity for Depart-mental periodicals and request ap-proval of the Director of the Office ofManagement and Budget (OMB Cir-cular No. A–3 Revised as of Sept. 8,1960).

(g) Document authentication. Embossand affix the official Departmental sealto appropriate documents and othermaterials, for all purposes for whichauthentication by seal is required.

(h) Foreign travel. Review written re-quests for modification to the Depart-ment’s foreign travel plan approved bythe Office of Management and Budget.

(i) Gifts and bequests. Carry out thefunctions vested in the Secretary bysection 9(m) of the Department ofTransportation Act (Pub. L. 89–670).

(j) Building management. Carry outthe functions vested in the Secretaryby sections 1(b) and 4(b) (as appro-priate) of Executive Order 11912.

(k) Privacy. Issue notices of Depart-ment of Transportation systems ofrecords as required by the Privacy Actof 1974 (5 U.S.C. 552a(e)(4), (11)).

(l) Hearings. Provide logistical andadministrative support to the Depart-ment’s Office of Hearings.

(m) Paperwork reduction. Carry outthe functions and responsibilities as-signed to the Secretary with respect tothe Paperwork Reduction Act of 1980,Public Law 96–511.

(n) Federal real property management.Carry out the functions assigned to theSecretary with respect to ExecutiveOrder 12512 of April 28, 1985.

(o) The Uniform Relocation Assistanceand Real Property Acquisition PoliciesAct of 1970, Public Law 91–646, 84 Stat.1894. Except as provided in §§ 1.45, 1.48and 49 CFR 25.302, the functions, pow-ers, and duties of the Secretary ofTransportation, with respect to theUniform Relocation Assistance andReal Property Acquisition Policies Actof 1970, are delegated to the AssistantSecretary for Administration with re-

spect to programs administered by theOffice of the Secretary. This authorityis subject to the requirements listed in§ 1.45 that govern all Operating Admin-istrations’ authority with respect tothe Uniform Relocation Assistance andReal Property Acquisition Policies Actof 1970.

(p) Regulations. Issue Department ofTransportation procurement regula-tions, subject to the following limita-tion:

(1) Coordination. The views of theGeneral Counsel, the interested admin-istrations and other offices will be so-licited in the development of the pro-curement regulations. In commentingupon proposed provisions for the pro-curement regulations, the administra-tions will indicate the nature and pur-pose of any additional implementing orsupplementing policy guidances whichthey propose to issue at the adminis-tration level.

(2) [Reserved]

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]


§ 1.59a Redelegations by the AssistantSecretary for Administration.

(a) The Assistant Secretary for Ad-ministration has redelegated to the Di-rector of Acquisition and Grant Man-agement authority to procure and au-thorize payment for property and serv-ices for the Office of the Secretary,with power to redelegate and authorizesuccessive redelegations.

(b) The Assistant Secretary for Ad-ministration has redelegated to the Di-rector of Personnel authority to:

(1) Conduct a personnel managementprogram for the Office of the Secretarywith authority to take, direct others totake, recommend or approve any per-sonnel action with respect to such au-thority.

(2) Develop, coordinate, and issuewage schedules for Department em-ployees under the Federal Wage Sys-tem, except as delegated to the Com-mandant of the Coast Guard at § 1.46 ofthis part.


45


(c) The Assistant Secretary for Ad-ministration has redelegated to the Di-rector of Financial Management au-thority to:

(1) Designate to the Treasury Depart-ment certifying officers and designatedagents for the Office of the Secretaryand imprest fund cashiers for the De-partmental Headquarters.

(2) Certify to the validity of obliga-tions as required by 31 U.S.C. 200 and tothe adequacy of bond coverage for thedesignations under section 160(c)(2).

(3) Sign reports on Budget Executionas required by OMB Circular A–34 (Re-vised).

(4) Review and approve for paymentany voucher for $25 or less the author-ity for payment of which is questionedby a certifying or disbursing officer.

(5) Process essential air service pay-ments.

(6) Approve claims of OST employeesallowable under 31 U.S.C. 3721 foramounts of $500 or less.

[Amdt. 1–209, 51 FR 29233, Aug. 15, 1986, asamended by Amdt. 1–232, 54 FR 46616, Nov. 6,1989]

§ 1.60 Delegations to the InspectorGeneral.

The Inspector General is delegated,and has agreed to carry out, the follow-ing:

(a) Aviation economics. The conduct ofaudits under 49 U.S.C. 1389; and 49U.S.C. 1377(e).

(b) [Reserved]

[Amdt. 1–199, 49 FR 50997, Dec. 31, 1984]

§ 1.61 Delegations to Assistant Sec-retary for Governmental Affairs.

The Assistant Secretary for Govern-mental Affairs is delegated authorityto:

(a) Establish procedures for respond-ing to Congressional correspondence.

(b) Serve as the Department’s pointof contact in relationships with publicand private organizations and groupsdevoted to consumer and communityservices or affairs.

(c) Serve as coordinator for intra-De-partmental consumer affairs programs.

[Amdt. 1–157, 45 FR 83409, Dec. 18, 1980, asamended by Amdt. 1–199, 49 FR 50997, Dec. 31,1984; Amdt. 1–205, 50 FR 52468, Dec. 24, 1985;Amdt. 1–269, 60 FR 15877, Mar. 28, 1995]

§ 1.62 Delegations to the Director ofSmall and Disadvantaged BusinessUtilization.

The Director of Small and Disadvan-taged Business Utilization is delegatedauthority to:

(a) Exercise Departmental respon-sibility for the implementation andexecution of functions and duties undersections 8 and 15 of the Small BusinessInvestment Act, as amended (15 U.S.C.637 and 644).

(b) Carry out the functions vested inthe Secretary by section 906 of theRailroad Revitalization and Regu-latory Reform Act of 1976 (Pub. L. 94–210), as amended.

[Amdt. 1–157, 45 FR 83409, Dec. 18, 1980]

§ 1.63 Delegations to Assistant to theSecretary and Director of Public Af-fairs.

The Assistant to the Secretary andDirector of Public Affairs is delegatedauthority to:

(a) [Reserved](b) Monitor the overall public infor-

mation program and review and ap-prove Departmental informational ma-terials having policy-making ramifica-tions before they are printed and dis-seminated.

(c) Carry out the functions vested inthe Secretary by section 4(b) (as appro-priate) of Executive Order 11912.

(d) Carry out the functions to pro-mote carpooling and vanpooling whichwere vested in the Federal Energy Ad-ministration by section 381(b)(1)(B) ofthe Energy Policy and ConservationAct and transferred to the Departmentof Transportation by section 310 of theDepartment of Energy OrganizationAct of 1977.

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975, asamended by Amdt. 1–118, 41 FR 35849, Aug. 25,1976; Amdt. 1–157, 45 FR 83409, Dec. 18, 1980;Amdt. 1–184, 48 FR 44079, Sept. 27, 1983; Amdt.1–228, 54 FR 10010, Mar. 9, 1989; Amdt. 1–261, 59FR 10064, Mar. 3, 1994]

§ 1.64 Delegations to the Director,Transportation AdministrativeService Center.

The Director, Transportation Admin-istrative Service Center (TASC), is del-egated authority to operate the Work-ing Capital Fund (49 U.S.C. 327).

[Amdt. 1–285, 62 FR 16499, Apr. 7, 1997]


46


§ 1.65 Authority to classify informa-tion.

(a) E.O. 12356 confers upon the Sec-retary of Transportation authority tooriginally classify information as Se-cret and Confidential with further au-thorization to delegate this authority.(No official of the Department ofTransportation has authority to origi-nally classify information as Top Se-cret.)

(b) The following delegations of thisauthority, which may not be redele-gated, are hereby made:

(1) Office of the Secretary (OST). Chief,Security Staff.

(2) U.S. Coast Guard (USCG). TheCommandant; Chief, Office of Oper-ations.

(3) Federal Aviation Administration(FAA). The Administrator; Director ofCivil Aviation Security.

(4) Maritime Administration (MARAD).The Administrator; Associate Adminis-trator for Policy and Administration(Confidential only); Director, Office ofInternational Activities (Confidentialonly); Chief, Division of National Secu-rity Plans (Confidential only).

(c) Authority to originally classifyinformation as Secret or Confidentialis delegated to the following officialsto become effective automaticallyupon declaration of civil readinesslevel Initial Alert or the comparablemilitary readiness level. If invoked,this authority is automatically termi-nated when both civil and military lev-els return to the level of Communica-tions Watch or comparable readinessstate.

(1) OST. Deputy Secretary; AssistantSecretary for Transportation Policy;Assistant Secretary for Aviation andInternational Affairs; Assistant Sec-retary for Administration.

(2) USCG. Vice Commandant; Chief ofStaff; Commander, Atlantic Area;Commander, Pacific Area; Command-ers, Coast Guard Districts; Com-mander, Coast Guard Activities, Eu-rope; Chief, Intelligence and SecurityDivision.

(3) FAA. Deputy Administrator; Di-rectors, FAA Regions and Centers.

(4) MARAD. Deputy Administrator;Region Directors; Heads of ALFA,BRAVO, and CHARLIE EmergencyTeams when activated.

(d) Although the delegations of au-thority are expressed above in terms ofpositions, the authority is personal andis vested only in the individual occupy-ing the position. The authority maynot be exercised ‘‘by direction of’’ adesignated official. The formal ap-pointment or assignment of an individ-ual to one of the identified positions, adesignation in writing of an individualto act in the absence of one of these of-ficials, or the exercise by an individualof the powers of one of these officialsby operation of law, however, conveysthe authority to originally classify in-formation.

(e) Previous delegations of authorityto Department of Transportation offi-cials to originally classify informationas Secret and Confidential are herebyrescinded.

[Amdt. 1–195, 49 FR 26594, June 28, 1984, asamended by Amdt. 1–261, 59 FR 10061, 10064,Mar. 3, 1994]

§ 1.66 Delegations to Maritime Admin-istrator.

With the exception of those authori-ties delegated to the Maritime SubsidyBoard in § 1.67 of this title, the Mari-time Administrator is delegated au-thority to:

(a) Carry out sections 9, 12, 14a, 21a,37, 38, 40, 41, and 42 of the Shipping Act,1916, as amended (46 App. U.S.C. 801 etseq.);

(b) Carry out the Merchant MarineAct, 1920, as amended (46 App. U.S.C.861 et seq.), including the Ship Mort-gage Act, 1920, as amended (46 App.U.S.C. 921 et seq.);

(c) Carry out the Merchant MarineAct, 1928, as amended (46 App. U.S.C.891 et seq.);

(d) Carry out section 7 of the Inter-coastal Shipping Act, 1933, as amended(46 App. U.S.C. 843 et seq.);

(e) Carry out the Merchant MarineAct, 1936, as amended (46 App. U.S.C.1101 et seq.); except the authority dele-gated to the Administrator of the Na-tional Oceanic and Atmospheric Ad-ministration relating to the establish-ment of capital construction fundagreements under section 607 thereofand the granting of financing guaran-tees under title XI thereof, with re-spect to vessels in the fishing trade orindustry;


47


(f) Carry out the Merchant Ship SalesAct of 1946, as amended (50 U.S.C. App.1735 et seq.);

(g) Carry out the Suits in AdmiraltyAct (1920), as amended (46 App. U.S.C.741 et seq.);

(h) Carry out the Civilian NauticalSchool Act, 1940 (46 App. U.S.C. 1331 etseq.);

(i) Carry out the Act of June 2, 1951(46 App. U.S.C. 1241a) regarding the‘‘Vessel Operations Revolving Fund’’;

(j) Carry out the Act of August 9, 1954(50 U.S.C. 196 et seq.) commonly calledthe Emergency Foreign Vessels Acqui-sition Act;

(k) Carry out the Merchant MarineDecorations and Medals Act of 1988 (46App. U.S.C. 2001 et seq.);

(l) Carry out the Maritime AcademyAct of 1958, as amended (46 App. U.S.C.1381 et seq.);

(m) Carry out the Act of May 16, 1972,as amended (86 Stat. 140) authorizingsale or purchase of certain passengervessels;

(n) Carry out the Act of August 22,1972 (86 Stat. 618) authorizing sale ofLiberty ships for use as artificial reefs;

(o) Carry out section 717 of the Act ofOctober 26, 1972 (86 Stat. 1184) com-monly known as the Department of De-fense Appropriations Act, 1973, andsimilar subsequent enactments, withrespect to transferring or otherwisemaking available vessels under the ju-risdiction of the Maritime Administra-tion to another Federal agency or,similarly, accepting vessels from an-other Federal agency;

(p) Carry out the provisions of sec-tions 10 through 13 of Public Law 103–451, the National Maritime HeritageAct of 1994, 108 Stat. 4769, 4778–4782;

(q) Exercise the authority vested inthe Administrator of General Servicesby the Act of June 1, 1948, Pub. L. 80–566, 62 Stat. 281, 40 U.S.C. 318–318c andthe Federal Property and Administra-tive Services Act of 1949, as amended,63 Stat. 377, and delegated by the Ad-ministrator of General Services on May8, 1995, relating to the enforcement oflaws for the protection of property andpersons at the United States MerchantMarine Academy, located in KingsPoint, New York. This may be accom-plished through appointment of uni-formed personnel as special police, es-

tablishment of rules and regulationsgoverning conduct on the affectedproperty, and execution of agreementswith other Federal, State, or local au-thorities. This delegation shall remainin effect through May 1, 2000;

(r) Carry out the responsibilities ofthe National Shipping Authority (ini-tially established by the Secretary ofCommerce effective March 13, 1951) inthe capacity of Director, NationalShipping Authority;

(s) Carry out the Maritime Educationand Training Act of 1980 (46 App. U.S.C.1295), as amended;

(t) Carry out all other activities pre-viously vested in the Secretary of Com-merce and transferred pursuant to Pub-lic Law 97–31;

(u) Carry out the functions vested inthe Secretary by section 3(d) of the Actto Prevent Pollution from Ships (33U.S.C. 1902(d)) as it relates to shipsowned or operated by the Maritime Ad-ministration when engaged in non-commercial service;

(v) Carry out the responsibilities andexercise the authorities of the Sec-retary of Transportation under theMaritime Security Act of 1996, PublicLaw 104–239;

(w) Carry out the provisions of sub-title B of Public Law 101–624;

(x) Carry out the responsibilities andexercise the authorities of the Sec-retary of Transportation under sec-tions 1008, 1009, and 1013 of Public Law104–324;

(y) Carry out the functions vested inthe Secretary by the Oil Pollution Actof 1990 (August 18, 1990; Pub. L. 101–380;104 Stat. 484) in sections 4115(f) relatingto vessel financing and 4117 relating toa feasibility study of an oil pollutionprevention program. (See 49 CFR 1.46and 1.53).

(z) Carry out the functions vested inthe Secretary by Section 2927, TitleXXIX of the National Defense Author-ization Act of 1994 (Public Law 103–160;November 30, 1993) relating to author-ity to convey surplus real property topublic entities for use in the develop-ment or operation of port facilities.

(aa) Carry out the following powersand duties vested in the Secretary bythe Deepwater Port Act of 1974, asamended (33 U.S.C. 1501–1524):


48


(1) The authority to process applica-tions for the issuance, transfer, oramendment of a license for the con-struction and operation of a deepwaterport (33 U.S.C. 1503(bb)) in coordinationwith the Commandant of the CoastGuard.

(2) Approval of fees charged by adja-cent coastal States for use of a deep-water port and directly related land-based facilities (33 U.S.C. 1504(h)(2)).

(3) In collaboration with the Assist-ant Secretary for Aviation and Inter-national Affairs and the Assistant Sec-retary for Transportation Policy, con-sultation with the Secretary of Staterelating to international actions andcooperation in the economic, trade andgeneral transportation policy aspectsof the ownership and operation of deep-water ports (33 U.S.C. 1510).

(4) Submission of notice of the com-mencement of a civil suit (33 U.S.C.1515(b)(2)).

(5) Intervention in any civil action towhich the Secretary is not a party (33U.S.C. 15150).

(6) Authority to request the AttorneyGeneral to seek the suspension or ter-mination of a deepwater port licenseand to initiate a proceeding before theSurface Transportation Board (33U.S.C. 1507, 1511(a)).

[Amdt. 1–164, 46 FR 47459, Sept. 28, 1981]


§ 1.67 Delegations to Maritime SubsidyBoard.

(a) The Maritime Subsidy Board isdelegated authority to:

(1) Carry out all functions previouslyvested in the Secretary of Commercepursuant to section 105(1) (except thelast proviso thereto and readjustmentsin determinations of operating cost dif-ferentials not requiring a hearing andcontractual changes reducing or re-aligning service requirements not in-volving additional subsidy or requiringa section 605(c) hearing under the Act(46 App. U.S.C. 1175(c)), section 105(2),and, insofar as applicable to these func-tions, section 105(3) of ReorganizationPlan No. 21 of 1950, and section 202(b)(1)of Reorganization Plan No. 7 of 1961,except investigations, hearings and de-

terminations, including changes in de-terminations, with respect to mini-mum manning scales, minimum wagescales, and minimum working condi-tions referred to in section 301(a) of theMerchant Marine Act, 1936, as amended(46 App. U.S.C. 1101 et seq.).

(2) Carry out all functions previouslyvested in the Secretary of Commercepursuant to section 103(e) of Reorga-nization Plan No. 7 of 1961 and section202(b)(2) (except requiring the filing ofreports, accounts, records, rates,charges, and memoranda under section21 of the Shipping Act, 1916, as amend-ed, and making reports and rec-ommendations to Congress) and section202(b)(3) of Reorganization Plan No. 7of 1961, insofar as said functions relateto the functions described in paragraph(a)(1) of this section.

(3) Execute and sign, by and throughany member of the Board or the Sec-retary or an Assistant Secretary of theBoard, contracts and other documentsauthorized or approved by the Boardpursuant to paragraphs (a)(1) and (a)(2)of this section. The execution of suchcontracts or documents may be at-tested, under the seal of the Depart-ment of Transportation, by the Sec-retary or an Assistant Secretary of theMaritime Subsidy Board.

(b) The Maritime Subsidy Board mayexercise other authorities of the Sec-retary of Transportation as applicableto performing the functions assigned tothe Board in this part.

(c) The Board is composed of theMaritime Administrator, the DeputyMaritime Administrator, and the ChiefCounsel of the Administration, andduring a vacancy in any one of thoseoffices, the person acting in such ca-pacity shall be a member of the Board,unless the Secretary of Transportationdesignates another person. In casethere still is a vacancy in the Board orin the absence or disability of one of itsmembers, the Secretary of the Mari-time Administration and MaritimeSubsidy Board, or any other personsdesignated by the Secretary of Trans-portation, shall act as a member ormembers of the Board. Each member of


49


the Board, while serving in that capac-ity, shall act pursuant to direct au-thority from the Secretary of Trans-portation and exercise judgment inde-pendent of authority otherwise dele-gated to the Maritime Administrator.The Maritime Administrator or theActing Maritime Administrator servesas Chairperson of the Board. The con-curring votes of two members shall besufficient for the disposition of anymatter which may come before theBoard.

(d) The Chairperson of the MaritimeSubsidy Board may make use of offi-cers and employees of the MaritimeAdministration to perform activitiesfor the Board. Employees of the Mari-time Administration may be des-ignated as the Secretary or AssistantSecretaries of the Board.

[Amdt. 1–164, 46 FR 47460, Sept. 28, 1981, asamended by Amdt. 1–211, 51 FR 29471, Aug. 18,1986; Amdt. 1–247, 56 FR 59893, Nov. 26, 1991]

§ 1.68 [Reserved]

§ 1.69 Delegations to the Director ofIntelligence and Security.

The Director of Intelligence and Se-curity is delegated authority to:

(a) Carry out the functions assignedto the Secretary by the Aviation Secu-rity Improvement Act of 1990, section101 (Pub. L. 101–508; November 16, 1990)relating to intelligence and securitymatters for all modes of transpor-tation.

(b) [Reserved]

[Amdt. 1–237, 56 FR 5958, Feb 14, 1991]

§ 1.70 Delegations to the Director ofthe Departmental Office of CivilRights.

The Director of the Departmental Of-fice of Civil Rights is delegated author-ity to conduct all stages of the formalinternal discrimination complaintprocess (including the acceptance orrejection of complaints); to providepolicy guidance to the operating ad-ministrations and Secretarial officersconcerning the implementation and en-forcement of all civil rights laws, regu-lations and executive orders for whichthe Department is responsible; to oth-erwise perform activities to ensurecompliance with external civil rightsprograms; and to review and evaluate

the operating administrations’ enforce-ment of these authorities.

These authorities include:(a) Title VII of the Civil Rights Act

of 1964, as amended, 42 U.S.C. 2000e etseq.

(b) Title VI of the Civil Rights Act of1964, as amended, 42 U.S.C. 2000d et seq.

(c) Section 504 of the RehabilitationAct of 1973, as amended, 29 U.S.C. 794and 794a.

(d) Section 501 of the RehabilitationAct of 1973, as amended, 29 U.S.C. 791.

(e) Age Discrimination in Employ-ment Act of 1967, as amended, 29 U.S.C.621 et seq.

(f) Age Discrimination Act of 1975, asamended, 42 U.S.C. 6101.

(g) Americans with Disabilities Actof 1990, Pub. L. No. 101–336, 104 Stat. 327(1990) (codified at 42 U.S.C. 12101–121213).

(h) Equal Pay Act of 1963 (enacted assection 6(d) of the Fair Labor Stand-ards Act of 1938, 29 U.S.C. 206(d)).

(i) Alcohol, Drug Abuse, and MentalHealth Administration ReorganizationAct, 42 U.S.C. 290dd(b).

(j) 29 CFR Parts 1600 through 1691(Equal Employment Opportunity Com-mission Regulations).

(k) Department of TransportationCoast Guard Military Justice Manual,CG–488, Part 700–9 (Civil Rights Com-plaints).

(l) Title VIII of the Civil Rights Actof 1968, as amended, 42 U.S.C. 3601 et seq.(fair housing provisions).

(m) The Federal Property and Ad-ministrative Services Act of 1949, 40U.S.C. 476.

(n) Title IX of the Education Amend-ments Act of 1972, 20 U.S.C. 1681.

(o) Executive Order No. 12898, FederalActions To Address EnvironmentalJustice in Minority Populations andLow-Income Populations. (In coordina-tion with the Assistant Secretary forTransportation Policy.)

(p) 49 U.S.C. 47113, 47107, and 47123(formerly sections 505(f), 511(a)(17), and520 of the Airport and Airway Improve-ment Act of 1982, as amended).

(q) 49 U.S.C. 41705 (formerly the AirCarrier Access Act of 1986, as amended).

(r) The Federal-Aid Highway Act, asamended, 23 U.S.C. 140 and 324.

(s) 49 U.S.C. 306.


50


(t) 49 U.S.C. 5310, 5332 (formerly sec-tions 16 and 19 of the Federal TransitAct, as amended).

(u) The Intermodal Surface Transpor-tation Efficiency Act of 1991, Pub. L.102–240, 105 Stat. 1919, section 1003.

(v) The Highway Safety Act of 1966,as amended, 23 U.S.C. 402(b)(1)(D).

[Amdt. 265, 60 FR 2891, Jan. 12, 1995]

§ 1.71 Delegations to the Director ofthe Bureau of Transportation Sta-tistics.

The Director of the Bureau of Trans-portation Statistics is delegated au-thority to exercise powers and performduties under the following statutes:

(a) Aviation information. (1) 49 U.S.C.329(b)(1), relating to collection and dis-semination of information on civil aer-onautics;

(2) Section 4(a)(7) of the Civil Aero-nautics Board Sunset Act of 1984 (Octo-ber 4, 1984; Pub. L. 98–443), relating tothe reporting of the extension of unse-cured credit to political candidates(section 401, Federal Election Cam-paign Act of 1971; 2 U.S.C. 451), in con-junction with the General Counsel andthe Assistant Secretary for Aviationand International Affairs; and

(3) 49 U.S.C. 40113 (relating to takingsuch actions and issuing such regula-tions as may be necessary to carry outresponsibilities under the Act), 49U.S.C. 41702 (relating to the duty ofcarriers to provide safe and adequateservice), 49 U.S.C. 41708 and 41709 (relat-ing to the requirement to keep infor-mation and the forms in which it is tobe kept), and 49 U.S.C. 41701 (relatingto establishing just and reasonableclassifications of carriers and rules tobe followed by each) as appropriate tocarry out the responsibilities underthis paragraph in conjunction with theGeneral Counsel and the Assistant Sec-retary for Aviation and InternationalAffairs.

(b) Motor carrier information. 49 U.S.C.14123, relating to the collection and dis-semination of information on motorcarriers.

[Amdt. 1–270, 60 FR 30196, June 8, 1995, asamended by Amdt. 282, 61 FR 68163, Dec. 27,1996]

§ 1.72 Delegations to the Office of theChief Information Officer.

(a) Carry out all functions and re-sponsibilities assigned to the Secretarywith respect to the Paperwork Reduc-tion Act of 1995 (44 U.S.C. 3506);

(b) Carry out all functions and re-sponsibilities assigned to the Secretarywith respect to the Clinger-Cohen Actof 1996 (40 U.S.C. 1422 to 1424, 1427);

(c) Carry out all functions and re-sponsibilities assigned to the Secretarywith respect to the Computer SecurityAct of 1987 (40 U.S.C. 759, 759 notes);

(d) Approve waivers to Federal Infor-mation Processing Standards (FIPS)under Section 5131 of the Clinger-CohenAct of 1996 (40 U.S.C. 1441); and

(e) Carry out all the functions and re-sponsibilities assigned to the Secretarywith respect to Executive Order 13011,Federal Information Technology, Sec-tion 2, paragraphs (a), (b), (d), (e), and(f).

[Amdt. 1–290, 62 FR 51804, Oct. 3, 1997]

APPENDIX A TO PART 1—DELEGATIONSAND REDELEGATIONS BY SECRETAR-IAL OFFICERS

1. Director of Budget. The Assistant Sec-retary for Budget and Programs has redele-gated to the Director of Budget authority to:

(a) Request apportionment and reappor-tionment of funds by the Office of Manage-ment and Budget, provided that no requestfor apportionment or reapportionment whichanticipates the need for a supplemental ap-propriation shall be submitted to the Officeof Management and Budget without appro-priate certification by the Secretary.

(b) Issue allotments or allocations of fundsto components of the Department.

2. Chief Counsel, U.S. Coast Guard. (a) TheGeneral Counsel, as Judge Advocate Generalfor the U.S. Coast Guard, has delegated tothe Chief Counsel, U.S. Coast Guard, pursu-ant to the Uniform Code of Military Justice,chapter 47 of title 10, United States Code, au-thority to exercise the following powers andduties:

(1) The authority to recommend assign-ment for duty of judge advocates under Arti-cle 6(a), section 806(a) of title 10, UnitedStates Code.

(2) The authority to make field inspectionsin connection with the administration ofmilitary justice under Article 6(a) section806(a) of Title 10, United States Code.

(3) The authority to designate militaryjudges; to make assignments of, and exercisedirect responsibility for, military judges;and to assign, or approve the performance of,


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