
[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR1]

[Page 14-54]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES--Table of Contents
 
Subpart C--Delegations

Sec. 1.41  Purpose.

    (a) Except as provided in paragraph (b) of this section, this 
subpart provides for the exercise of the powers and performance of the 
duties vested in the Secretary of Transportation by law.
    (b) For delegations of authority vested in the Secretary by 
Executive Order 11652 originally to classify documents as secret or 
confidential, see Sec. 8.11 of this subtitle.

Sec. 1.42  Exercise of authority.

    In exercising powers and performing duties delegated by this subpart 
or redelegated pursuant thereto, officials of the Department of 
Transportation are governed by applicable laws, Executive orders and 
regulations and by policies, objectives, plans, standards, procedures, 
and limitations as may be issued from time to time by or on behalf of 
the Secretary, or, with respect to matters under their jurisdictions, by 
or on behalf of the Deputy Secretary, an Assistant Secretary, the 
Inspector General, the General Counsel, or an Administrator. This 
includes, wherever specified, the requirement for advance notice to, 
prior coordination with, or prior approval by an authority other than 
that of the official proposing to act.

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

Sec. 1.43  General limitations and reservations.

    (a) All powers and duties that are not delegated by the Secretary in 
this subpart, or otherwise vested in officials other than the Secretary, 
are reserved to the Secretary. Except as otherwise provided, the 
Secretary may exercise powers and duties delegated or assigned to 
officials other than the Secretary.
    (b) Except as provided in Sec. 1.42 and subject to paragraph (a) of 
this section and Sec. 1.44, the Deputy Secretary, the Assistant 
Secretaries, the Inspector General, the General Counsel, and the 
Administrators exercise the powers and perform the duties delegated to 
them under this subpart.
    (c) Notwithstanding the provisions of paragraph (a), the delegation 
of authority in Sec. 1.56b of this title to the Designated Senior Career 
Official in the Office of the Assistant Secretary for Aviation and 
International Affairs to make decisions in certain aviation hearing 
cases is exclusive, and may not be exercised by any other Departmental 
official, including the Secretary. The Secretary reserves (and delegates 
to the Assistant Secretary for Aviation and International Affairs) only 
the authority to make discretionary review of any such decision and to 
approve it or to remand it for reconsideration by the Designated Senior 
Career Official, with a full written explanation of the basis for the 
remand.

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

Sec. 1.44  Reservation of authority.

    The delegations of authority in Secs. 1.45 through 1.53 and 
Secs. 1.66 and Sec. 1.67 do not

[[Page 15]]

extend to the following actions, authority for which is reserved to the 
Secretary or the Secretary's delegatee within the Office of the 
Secretary:
    (a) General transportation matters. (1) Transportation leadership 
authority under section 4(a) of the Department of Transportation Act (49 
U.S.C. 1653(a)).
    (2) Functions relating to transportation activities, plans, and 
programs under section 4(g) of the Department of Transportation Act (49 
U.S.C. 1653(g)).
    (3) Authority to develop, prepare, coordinate, transmit, and revise 
transportation investment standards and criteria under section 7 of the 
Department of Transportation Act (49 U.S.C. 1656).
    (4) Authority relating to standard time zones and advanced 
(daylight) time (15 U.S.C. 260 et seq.).
    (5) Authority related to national transportation policy under 
section 3 of the Airport and Airway Development Act of 1970 (84 Stat. 
219).
    (b) Legislation and reports. (1) Submission to the President, the 
Director of the Office of Management and Budget, or the Congress of 
proposals or recommendations for legislation, Executive orders, 
proclamations or reorganization plans or other Presidential action.
    (2) Submission to Congress or the President of any report or any 
proposed transportation policy or investment standards or criteria, 
except with the prior written approval of the Secretary.
    (3) Submission of the annual statement on systems of internal 
accounting and administrative control under the Federal Managers' 
Financial Integrity Act of 1982 (Pub. L. 97-255).
    (c) Budget and finance. (1) Approval and submission to the Office of 
Management and Budget of original or amended budget estimates or 
requests for allocations of personnel ceiling (31 U.S.C. 22-24).
    (2) Approval of requests for legislation which, if enacted, would 
authorize subsequent appropriations for the Department (31 U.S.C. 581b).
    (3) Transfer of the balance of an appropriation from one operating 
element to another within the Department (31 U.S.C. 581c).
    (4) Submission to the Director of the Office of Management and 
Budget of requests for the transfer of the balance or portions of an 
appropriation from one element to another within the Department (31 
U.S.C. 665).
    (d) Interventions and appearances. Except with respect to 
proceedings relating to safety fitness of an applicant (49 U.S.C. 
1653(e)), the making of decisions on requests to intervene or appear 
before courts and administrative agencies to present the views of the 
Department.
    (e) Personnel. (1) Recommendations to the Civil Service Commission 
of the allocation of a position to GS-16, 17, or 18 or an equivalent 
level (5 U.S.C. 5108).
    (2) Recommendations to the Civil Service Commission of approval of 
the qualifications of any candidate for a position at grade GS-16, 17, 
or 18 or an equivalent level (5 U.S.C. 3324), or to an executive level 
position.
    (3) Recommendations to the Civil Service Commission of a Lump-Sum 
Incentive Award in Excess of $5,000 (5 U.S.C. 4502).
    (4) Approval of the following actions relating to Schedules A, B, 
and C and noncareer executive assignment positions or incumbents, except 
for actions under Schedules A and B limited to one year or less at grade 
GS-9 or lower, or an equivalent level:
    (i) Establishment or abolition of positions;
    (ii) Hires;
    (iii) Promotions other than quality and periodic within-grade 
promotions;
    (iv) Transfer of personnel to Schedule A, B, or C positions or non-
career executive assignment positions, either permanently or on detail; 
and
    (v) Transfer of personnel from Schedule A, B, or C or non-career 
executive assignment positions to career Civil Service positions.
    (5) Approval of employment of experts or consultants.
    (6) Authority relating to scientific and professional positions 
under section 6(a) (5) of the Department of Transportation Act (49 
U.S.C. 1655(a)(5)).
    (7) Authority to determine the maximum limit of age for appointment 
of air traffic controllers as provided by 5 U.S.C. 3307(b) (86 Stat. 
141).

[[Page 16]]

    (8) Authority to develop, coordinate, and issue wage schedules under 
the Federal Wage system, except as delegated to the Commandant of the 
Coast Guard at Sec. 1.46.
    (f) Security. (1) Suspension or removal of an employee from a 
position in the Department for security reasons under Executive Order 
10450 (3 CFR, 1949-53 Comp., p. 936) or the employment in the Department 
of a person who was previously separated for security reasons from any 
Federal agency.
    (2) Authorizing the filling of a critical-sensitive position for a 
limited period by a person on whom a preappointment full field 
investigation has not been completed (Executive Order 10450).
    (3) Requesting Presidential approval of a claim of executive 
privilege with respect to information requested by a congressional 
committee or Member of Congress.
    (4) Making determinations prescribed by sections 4(a)(2)(B), 
4(b)(3), 5(b), and 9 of Executive Order 10865 (3 CFR, 1959-63 Comp., p. 
398) relating to the adjudication and final denial of access to 
classified information to industry personnel.
    (5) Making those determinations or delegations prescribed by 
sections 2(B) (3), 5(E) (1) and (2) of Executive Order 11652 (37 FR 
5209, March 10, 1972) which are reserved to the head of the Department.
    (g) Procurement. Exercise of the extraordinary authority for defense 
contracts provided for in Public Law 85-804 (50 U.S.C. 1431-1435), and 
considerations and decisions on contract appeals and other matters 
pursuant to the Department of Transportation Contract Appeals 
Regulations (41 CFR part 12-60).
    (h) Printing. Requesting approval of the Joint Committee on Printing 
for any procurement or other action requiring Committee approval.
    (i) Interagency agreements. Execution of any written 
interdepartmental or interagency agreement with the head of another 
executive department or agency.
    (j) Withholding of funds. Withholding or suspension of Federal-Aid 
Highway funds on a state-wide basis and the waiver or compromise of such 
withholding or suspension, except for the administration of 23 U.S.C. 
141 and 154, which are specifically delegated in Sec. 1.48(b) (23) and 
(28) and in Sec. 1.50(i) (1) and (2).
    (k) Alaska Railroad. Extension or abandonment of railroad service.
    (l) National Highway Safety Advisory Committee. Directing the 
National Highway Safety Advisory Committee to meet (23 U.S.C. 404(c)).
    (m) Coast Guard. The following powers relating to the Coast Guard:
    (1) Appointment of Advisory Committee to the Academy (14 U.S.C. 
193).
    (2) Fixing date for visit to Academy by Board of Visitors (14 U.S.C. 
194(b)).
    (3)-(4) [Reserved]
    (5) Responsibility for supervising activities of Reserve components 
(10 U.S.C. 264(b)).
    (6) Convening General Courts-Martial under the personal authority 
granted by law (10 U.S.C. 822(a)(2)).
    (7) Approval of execution of a sentence dismissing a commissioned 
officer or cadet (10 U.S.C. 871(b)).
    (8) Approval of vacation of a suspension of dismissal (10 U.S.C. 
872(b)).
    (9) Establishing procedures for the correction of military records 
(10 U.S.C. 1552(a)).
    (10) Establishing a Discharge Review Board under 10 U.S.C. 1553 and 
reviewing and taking final action on its findings in the following 
cases:
    (i) Those cases in which a minority of the Board requests that their 
written opinion be forwarded to the Secretary for consideration;
    (ii) Those cases selected by the Commandant to inform the Secretary 
of aspects of the Board's functions which may be of interest to the 
Secretary;
    (iii) Any case in which the Secretary demonstrates an interest; and
    (iv) Any case which the president of the Board believes is of 
significant interest to the Secretary.
    (11) [Reserved]
    (12) Substitute administrative discharge for dismissal of an officer 
under 10 U.S.C. 804 (a) and (b).
    (13) Designation of commanding officers and officers in charge who 
may convene general, special and summary courts-martial. (10 U.S.C. 
822(a)(6), 823(a)(7), and 824(a)(4).

[[Page 17]]

    (14) In time of war certify cases to President to extend statute of 
limitations until after termination of hostilities. (10 U.S.C. 843(e)).
    (15) Direct Judge Advocate General to establish branch office. (10 
U.S.C. 868).
    (16) Designate officers authorized to remit or suspend any part of 
amount of unexecuted part of any sentence. (10 U.S.C. 874(a)).
    (17) Substitute administrative form of discharge for discharge or 
dismissal executed in accordance with sentence of court-martial (10 
U.S.C. 874(b)).
    (18) Substitute administrative discharge for previously executed 
sentence of dismissal when dismissal not imposed at new trial. (10 
U.S.C. 875(c)).
    (19) Designate persons to convene courts of inquiry. (10 U.S.C. 
935(a)).
    (n) Automatic data processing. Approval authority relating to 
automatic data processing equipment and services as delimited by DOT 
1370.2A, Procurement of Automatic Data Processing Equipment and 
Services, of 7.22.70.
    (o) Deepwater ports. The authority to issue, transfer, or amend a 
license for the construction and operation of a deepwater port (33 
U.S.C. 1503(b)).
    (p) [Reserved]
    (q) Review and finality of actions by Maritime Subsidy Board. (1) 
Review of any decision, report, and/or order of the Maritime Subsidy 
Board, as described in 46 CFR part 202, as amended.
    (r) Approval of cash purchases of passenger transportation. The 
authority under FPMR G-72, as amended, to authorize and approve cash 
purchases for emergency passenger transportation services costing more 
than $100.

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

    Editorial Note: For Federal Register citations affecting Sec. 1.44, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 1.45  Delegations to all Administrators.

    (a) Except as prescribed by the Secretary of Transportation, each 
Administrator is authorized to:
    (1) Exercise the authority of the Secretary over and with respect to 
any personnel within their respective organizations.
    (2) Exercise the authority of the Secretary as executive head of a 
department, under any statute, Executive order or regulation.
    (3) Request the Attorney General to approve the award, compromise, 
or settlement of any tort claim for an amount exceeding $100,000 
(excluding interest) (28 U.S.C. 2672).
    (4) Carry out the functions vested in the Secretary concerning 
environmental enhancement by 49 U.S.C. 303.
    (5) Carry out the emergency preparedness functions assigned to the 
Secretary by Executive Order 12656 and by the Federal Emergency 
Management Agency, General Services Administration (FEMA/GSA) as they 
pertain to his administration, including those relating to continuity of 
operations, emergency resource management, associated Federal claimant 
procedures, facilities protection and warfare effects monitoring and 
reporting, research, stockpiling, financial aid, and training.
    (6) Enter into inter- and intradepartmental reimbursable agreements 
other than with the head of another department or agency (31 U.S.C. 
686). This authority may be redelegated only to Office Directors, 
Regional Directors, District Commanders or other comparable levels and 
Contracting Officers.
    (7) Determine the existence and amount of indebtedness and the 
method of collecting repayments from employees and members within their 
respective administrations and collect repayments accordingly, as 
provided by 5 U.S.C. 5514. Redelegation of this authority may be made 
only to the principal officials responsible for financial management or 
such officials' principal assistants.
    (8) Waive claims and make refunds in connection with claims of the 
United States for erroneous payment of pay and allowances or of travel, 
transportation, and relocation expenses and allowances in amounts 
aggregating not more than $1,500 without regard to any repayments, and 
deny requests for waiver of such claims regardless of the aggregate 
amount of the claim, as provided by 4 CFR parts 91, 92, and 93. 
Redelegation of this authority may be made only to the level of Regional 
Director or District Commander.

[[Page 18]]

    (9) Settle and pay claims by employees for personal property losses 
as provided by 31 U.S.C. 3721. This authority may be redelegated only to 
Office Directors, Regional Directors, District Commanders, or other 
comparable levels and to those individuals that report to the above 
officials.
    (10) Exercise the authority of the Secretary to resolve informal 
allegations of discrimination arising in or relating to their respective 
organizations through Equal Employment Opportunity counseling or the 
Alternative Dispute Resolution process and to develop and implement 
affirmative action and diversity plans within their respective 
organizations. With regard to external civil rights programs, each 
Administrator exercises authority pursuant to statutes, regulations, 
executive orders, or delegations in subpart C of this part to carry out 
these programs, under the general policy guidance of the Director of the 
Departmental Office of Civil Rights, including conducting compliance 
reviews and other activities relating to the enforcement of these 
statutes, regulations, and executive orders.
    (11) Review and approve for payment any voucher for $25 or less the 
authority for payment of which is questioned by a certifying or 
disbursing officer.
    (12) Authorize and approve official non-foreign travel and 
transportation for themselves, their subordinates, and others performing 
services for, or in cooperation with, their operating administrations. 
Additionally, heads of operating administrations, through a redelegation 
from the Deputy Secretary, may authorize and approve routine operational 
foreign travel, as defined in DOT 1500.6A, Travel Manual, of 1-2-85. 
These authorities may be redelegated in accordance with regulations 
issued by the Assistant Secretary for Administration.
    (13) Exercise the authority of the Secretary to make certifications, 
findings and determinations under the Regulatory Flexibility Act (Pub. 
L. 96-354) with regard to any rulemaking document for which issuance 
authority is delegated by other sections in this part. This authority 
may be redelegated to those officials to whom document issuance 
authority has been delegated.
    (14) Carry out the functions vested in the Secretary by section 2 of 
the Federal Technology Transfer Act of 1986, (Pub. L. No. 99-502; 15 
U.S.C. 3710a), which authorizes agencies to permit their laboratories to 
enter into cooperative research and development agreements.
    (15) Compromise, suspend collection action on, or terminate claims 
of the United States not exceeding $100,000 (excluding interest) that 
are referred to, or arise out of the activities of, his or her Operating 
Administration;
    (16) Compromise, suspend collection action on, or terminate claims 
against the United States not exceeding $100,000 (excluding interest) 
that are referred to, or arise out of the activities of, his or her 
Operating Administration; provided that when the Administrator believes 
that a claim against the United States presents a novel question of law 
or of policy, he or she shall obtain the advice of the Assistant 
Attorney General in charge of the Civil Division; and provided further 
that whenever he or she settles any administrative claim against the 
United States for an amount in excess of $50,000, the Administrator 
shall prepare a memorandum fully explaining the basis for the action 
taken and send a copy of the memorandum to the Director, Federal Torts 
Claims Act Staff, Torts Branch of the Civil Division, U.S. Department of 
Justice.
    (17) Enter into memoranda of understanding with the Occupational 
Safety and Health Administration (OSHA) in regard to setting and 
enforcing occupational safety or health standards for employees in DOT-
regulated industries. The General Counsel shall concur in each 
memorandum of understanding with OSHA prior to its execution by the 
Administrator of the operating administration concerned.
    (18) Exercise the authority vested in the Secretary by Section 329A 
of the Department of Transportation and Related Agencies Appropriations 
Act, 1995, Pub. L. No. 103-331, Sec. 329A, 108 Stat. 2471, 2493 
(September 30, 1994), to enter into grants, cooperative agreements, and 
other transactions with any person, agency, or instrumentality of

[[Page 19]]

the United States, any unit of state or local government, any 
educational institution, and any other entity in execution of the 
Technology Reinvestment Project authorized under the Defense Conversion, 
Reinvestment, and Transition Assistance Act of 1992, Pub. L. No. 102-
484, 106 Stat. 2658 (October 23, 1992), and related legislation.
    (b) Except as otherwise specifically provided, each official to whom 
authority is granted by Secs. 1.45 through 1.53, 1.66, and 1.68 may 
redelegate and authorize successive redelegations of that authority 
within the organization under that official's jurisdiction.
    (c) Except as provided in Secs. 1.48 and 1.59 and 49 CFR 25.302, the 
functions, powers, and duties of the Secretary of Transportation, with 
respect to the Uniform Relocation Assistance and Real Property 
Acquisition Act of 1970, Public Law 91-646, 84 Stat. 1984, are delegated 
to:
    (1) The head of each of the following Operating Administrations with 
respect to programs administered by their respective organizations:
    (i) U.S. Coast Guard;
    (ii) Federal Aviation Administration;
    (iii) Federal Highway Administration;
    (iv) Federal Railroad Administration;
    (v) Urban Mass Transportation Administration;
    (vi) National Highway Traffic Safety Administration;
    (vii) St. Lawrence Seaway Development Corporation;
    (viii) Maritime Administration; and
    (ix) Federal Motor Carrier Safety Administration.
    (2) [Reserved]
    (d) Each office to whom authority is delegated by either 
Sec. 1.45(c) or Sec. 1.59(p) may redelegate and authorize successive 
redelegations of that authority within the organization under the 
Administrators' or Assistant Secretary for Administration's 
jurisdiction.
    (e) Each office to whom authority is delegated by either 
Sec. 1.45(c) or Sec. 1.59(p) may prescribe additional procedures, 
requirements and regulations that are appropriate to the particular 
programs administered by the preparing official's organization, 
provided:
    (1) Any such additional guidance is not inconsistent with the Act, 
49 CFR part 25 or subpart C of this manual;
    (2) Any such additional guidance is approved prior to issuance by 
the Federal government's designated lead agency, the Federal Highway 
Administration (see Sec. 1.48(cc)), in coordination with the Assistant 
Secretary for Transportation Policy.

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

    Editorial Note: For Federal Register citations affecting Sec. 1.45, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 1.46  Delegations to Commandant of the Coast Guard.

    The Commandant of the Coast Guard is delegated authority to:
    (a) [Reserved]
    (b) Carry out all the activities of the Coast Guard, including, but 
not limited to, law enforcement, safety of life and property at sea 
(excluding 46 U.S.C. 170 (7), (10) and (11)), aids to navigation, search 
and rescue, icebreaking, oceanographic research and military readiness 
functions (49 U.S.C. 1655(b)(1)).
    (c) Carry out the following laws relating generally to water vessel 
anchorages, drawbridge operating, regulations, obstructive bridges, 
pollution of the sea by oil and the locations and clearances of bridges 
and causeways over the navigable waters of the United States:
    (1) Section 7 of the Act of March 4, 1915, as amended (38 Stat. 
1053; 33 U.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, as amended (54 Stat. 497; 33 U.S.C. 
511 et seq.);
    (4) The Oil Pollution Act, 1961, as amended (75 Stat. 402; 33 U.S.C. 
1001 et seq.);
    (5) Sections 9 and 18 of the Act of March 3, 1899, as amended (30 
Stat. 1151; 33 U.S.C. 401, 502);
    (6) The Act of March 23, 1906, as amended (34 Stat. 84, 33 U.S.C. 
491 et seq.) except section 3 (33 U.S.C. 493) and that portion of 
section 4 (33 U.S.C. 494) that relates to tolls.

[[Page 20]]

    (7) The General Bridge Act of 1946, as amended (60 Stat. 847, 33 
U.S.C. 525 et seq.) except sections 502(c) and 503.
    (d) Carry out the functions vested in the Secretary by the Vessel 
Documentation Act (94 Stat. 3453, 46 U.S.C. 65a et seq.) and the Tonnage 
Measurement Simplification Act (94 Stat. 3461, 46 U.S.C. 71 et seq.), 
and the functions assigned to the Secretary by Executive Order 12419 
relating to admeasurement of ships; and carry out Reorganization Plan 
No. 1 of 1967, relating to ship mortgages.
    (e) Request the Secretary of the Navy to build at naval shipyards 
Coast Guard vessels not normally or economically obtainable from private 
contractors (14 U.S.C. 145(a)(1)).
    (f) Administer Executive Order 11459 (34 FR 5057), relating to 
approval of containers for transport under Customs seal.
    (g) Exchange information, through the Secretary of State, with 
foreign governments on matters dealing with the safety of life and 
property at sea, other than radio communications, but not including the 
submission of suggestions to the Secretary of State on international 
collaboration and conferences (14 U.S.C. 142).
    (h) Exchange personnel, vessels, facilities, and equipment with the 
Secretary of the Navy to facilitate operational readiness for wartime 
service with the Navy, and agree to undertake such assignments and 
functions for the mutual benefit of the Navy and Coast Guard as are 
necessary and advisable, except with respect to those exchanges and 
agreements which, in the Commandant's judgment, may have substantial 
political impact or adversely affect mission performance (14 U.S.C. 
145(c)).
    (i) Approve retention of a rear admiral on active duty for a period 
not exceeding one year (14 U.S.C. 290(b)).
    (j) Through the Chief Counsel, U.S. Coast Guard, settle and pay 
claims against the United States as provided by 10 U.S.C. 2733.
    (k) Award life-saving medals and military decorations (except the 
Medal of Honor, the Distinguished Service Medal, and the Legion of 
Merit) and carry out the laws and Executive orders relating to those 
awards (14 U.S.C. 492a, 493, 494, 496, 497, 498, 500, 501, 502; 
Executive Order 4601, Mar. 1, 1926, as amended by Executive Order 7786 
(3 FR 39); Executive Order 9158 (7 FR 3541), as amended by Executive 
Order 9242A (7 FR 7874); Executive Order 10637 (20 FR 7025); Executive 
Order 11016 (27 FR 4139); Executive Order 11046 (27 FR 8575); Executive 
Order 11448 (34 FR 915)).
    (l) Carry out the functions vested in the 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 Pollution Control Act (33 U.S.C. 1321), 
as amended by the Oil Pollution Act of 1990 (August 18, 1990; Pub L. 
101-380; 104 Stat. 484), and sections 4202(b) (2) and (3) of the Oil 
Pollution Act of 1990.
    (m) Carry out the functions assigned to the Secretary by Executive 
Order 12777 (3 CFR, 1991 Comp.; 56 FR 54757) in sections 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), excepting that portion of section 2(b)(2) relating to the 
establishment of procedures, methods, and equipment and other 
requirements for equipment to prevent and to contain discharges of oil 
and hazardous substances from pipelines, motor carriers, and railroads; 
and further excepting the exercise of the authority in section 2(d)(2) 
over motor carriers and railroads, other than for operations incident to 
the transfer of oil or hazardous substances to or from vessels, and the 
exercise of the authority in section 2(d)(2) over pipelines.
    (n) Carry out the functions vested in the Secretary by the following 
statutes:
    (1) [Reserved]
    (2) Vessel Bridge-to-Bridge Radio-Telephone Act (85 Stat. 164);
    (3) Public Law 92-339, relating to the licensing of personnel on 
certain towing vessels (86 Stat. 423);
    (4) Port and Tanker Safety Act of 1978 (92 Stat. 1471), except 
sections 4, 5, 6, 7, 8, 12 and 13 of Sec. 2 to the extent that those 
sections pertain to the operation of the St. Lawrence Seaway;
    (5) Sections 104 (a) and (g), 107(c), 108, 201, and 302(a) of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (Pub. L. 92-
532) relating to ocean dumping;

[[Page 21]]

    (6) [Reserved]
    (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 on vessels (46 U.S.C. 77(e));
    (9) Public Law 94-85 (89 Stat. 426), which relates to carriage of 
additional passengers on documented vessels in emergency situations;
    (10)(i) Section 304(a)(1) of the Independent Safety Board Act of 
1974 (49 U.S.C. 1903(a)(1)) insofar as it relates to the promulgation of 
joint regulations with the National Transportation Safety Board (NTSB) 
governing investigations of major marine casualties and casualties 
involving public and non-public vessels, and the conduct of accident 
investigations upon request of the Board;
    (ii) Section 307 of the Independent Safety Board Act of 1974 (49 
U.S.C. 1906) insofar as it relates to responses to NTSB recommendations 
regarding marine casualties;
    (11) International Navigational Rules Act of 1977 (Pub. L. 95-75, 91 
Stat. 308);
    (12) International Safe Container Act (Pub. L. 95-208, 91 Stat. 
1475), except section 4(e);
    (13) 14 U.S.C. 195, relating to instruction of foreign nationals at 
the Coast Guard academy; and
    (14) Inland Navigational Rules Act of 1980 (Pub. L. 96-591).
    (o) Carry out the functions vested in the Secretary by 14 U.S.C. 475 
and Executive Order 11645, 3 CFR 371 (1973), 37 FR 2923, February 10, 
1972, relating to the rental of housing facilities at or near Coast 
Guard installations.
    (p) Carry out the functions vested in the Secretary by Public Law 
92-425 and Executive Order 11687 (37 FR 21479), relating to the Retired 
Serviceman's Survivor Benefit Plan.
    (q) Carry out the functions vested in the Secretary by section 5 of 
the International Bridge Act of 1972 (Pub. L. 92-434) as it relates to 
navigable waterways other than the St. Lawrence River.
    (r) Carry out the functions vested in the Secretary by 14 U.S.C. 
657, relating to schooling and transportation to schools for dependents 
of Coast Guard personnel.
    (s) Carry out the following powers and duties vested in the 
Secretary by the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501-
1524):
    (1) The authority to process applications for the issuance, transfer 
or amendment of a license for the construction and operation of a 
deepwater port (33 U.S.C. 1503(b)) in coordination with the 
Administrator of the Maritime Administration.
    (2) Carry out other functions and responsibilities vested in the 
Secretary by the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501-
1524), except as reserved by Sec. 1.44(o) and delegated by 
Secs. 1.53(a)(3) and 1.66(aa).
    (t) Carry out the functions vested in the Secretary by 49 U.S.C. 
5101 et seq. and 46 App. U.S.C. 3306(a)(5) to the extent they relate to 
regulations and exemptions governing the bulk transportation of 
hazardous materials that are loaded or carried on board a vessel without 
benefit of containers or labels, and received and handled by the vessel 
carrier without mark or count, and regulations and exemptions governing 
ships' stores and supplies.
    (u) Except as delegated by Sec. 1.74, carry out the functions vested 
in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123, and 5124 
relating to investigations, records, inspections, penalties, and 
specific relief, with particular emphasis on the transportation or 
shipment of hazardous materials by water.
    (v) Carry out the functions vested in the Secretary by the Magnuson 
Fishery Conservation and Management Act (Pub. L. 94-265, as amended; 16 
U.S.C. 1801 et seq.) except that the authority to approve seizure of a 
foreign vessel may not be redelegated and shall be exercised in each 
instance only after consultation with the Department of State.
    (w) Issue wage schedules for trades, crafts, and laboring employees 
in nonappropriated fund activities.
    (x) Carry out the functions vested in the Secretary by 10 U.S.C. 
2683 insofar as it relates to the relinquishment to a state of 
legislative jurisdiction of the United States over lands and interests 
under the control of the Coast Guard in that state.

[[Page 22]]

    (y) Carry out the functions and responsibilities vested in the 
Secretary by the Natural Gas Pipeline Safety Act of 1968, as amended (49 
U.S.C. 1671 et seq.) relating to rulemaking so far as it applies to 
liquefied natural gas facilities adjacent to the navigable waters of the 
United States: Provided, That such rulemaking is in accordance with the 
Memorandum of Understanding between the Coast Guard and Materials 
Transportation Bureau executed on February 7, 1978, for regulation of 
such facilities.
    (z) Carry out the functions vested in the Secretary by the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), as amended, title 
VI of the Outer Continental Shelf Lands Act Amendments of 1978 
(September 18, 1978; Pub. L. 95-372; 92 Stat. 629), except as delegated 
by Sec. 1.53(a)(6).
    (aa) Carry out the functions vested in the Secretary by the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1714(i)) for lands 
under the administration of the U.S. Coast Guard.
    (bb) Carry out the functions vested in the Secretary by the Act of 
September 10, 1976 (90 Stat. 1236, 46 U.S.C. 420) relating to the 
issuance of permits exempting specific cargo-carrying vessels operating 
within the State of Alaska from all or part of 46 U.S.C. 88, 391, 391a, 
and 404 and the regulations issued thereunder.
    (cc) Carry out the requirements of section 146 of the Surface 
Transportation Assistance Act of 1978 (Pub. L. 95-599, 92 Stat. 2689) 
relating to foreign-built hovercraft in Alaska.
    (dd) Exercise all functions of the General Services Administrator 
pertaining to the acquisition of special purpose space in urban centers, 
as defined in 41 CFR 101-18.102, to house U.S. Coast Guard Recruiting 
Offices pursuant to the Federal Property and Administrative Services Act 
of 1949 (63 Stat. 377), as amended, and to acquire such space by firm 
term leases up to five (5) years in accordance with the authority 
contained in section 210(h) (1) of the Federal Property and 
Administrative Services Act of 1949, as amended. Provided, that such 
authority is exercised in accordance with the Memorandum of 
Understanding between the Department of Transportation and the General 
Services Administration executed on January 27, 1981, for implementation 
of this delegation.
    (ee) Carry out all functions vested in the Secretary in any capacity 
by the Ocean Thermal Energy Conversion Act of 1980 (Pub. L. 96-320, 
August 3, 1980), except title II.
    (ff) Carry out the functions vested in the Secretary by:
    (1) Section 108(a)(3) of the Comprehensive Environmental Response, 
Compensation, and Liability Act, as amended (42 U.S.C. 9608(a)(3)), and 
by sections 7(b)(1), 7(b)(2), and 7(c) (2) of Executive Order 12580 
relating to vessel financial 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 Executive Order 
12580 relating to facilities and vessels under the jurisdiction, 
custody, or control of the Coast Guard.
    (gg) Carry out the functions, relating to releases or threatened 
releases involving the coastal zone, Great Lakes waters, and ports and 
harbors, vested in 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 Executive 
Order 12580 insofar as they relate to:
    (1) Responses to releases or threats of releases from vessels;
    (2) Emergency action concerning releases or threats of releases at 
facilities other than active or inactive ``hazardous waste management 
facilities'' (as defined in 40 CFR 270.2); and
    (3) Emergency action concerning releases or threats of releases at 
active or inactive ``hazardous waste management facilities'' only when 
the Coast Guard On-Scene Coordinator determines that such action must be 
taken pending the arrival on scene of an Environmental Protection Agency 
(EPA) On-Scene Coordinator (OSC). Unless otherwise agreed upon by the 
EPA and Coast Guard, this authority will not be exercised unless the EPA 
OSC is scheduled to arrive on scene within 48 hours of notification of 
the release or threat of release.

As used in this paragraph ``emergency action'' includes any removal 
action which, in the view of the Coast Guard On-Scene Coordinator, must 
be taken immediately to prevent or mitigate

[[Page 23]]

immediate and significant danger to the public health, welfare, or the 
environment. Situations in which such actions may be taken include, but 
are not limited to, fire, explosions, and other sudden releases; human, 
animal, or food chain exposure to acutely toxic substance; and the 
contamination of a drinking water supply. All functions listed in this 
paragraph include the authority to contract for, obligate monies for, 
and otherwise arrange for and coordinate the responses included within 
such functions.
    (hh) Carry out the functions vested in the Secretary by the Act to 
Prevent Pollution from Ships (October 21, 1980; Pub. L. 96-478; 94 Stat. 
2297) except section 10(b) and (c) and except as limited by 
Sec. 1.47(n), Sec. 1.52(c), and Sec. 1.66(u) of this title.
    (ii) Carry out the functions vested in the Secretary by the Deep 
Seabed Hard Mineral Resources Act (June 21, 1980; Pub. L. 96-283; 94 
Stat. 553), except section 118.
    (jj) Carry out the functions vested in the Secretary to convene and 
approve a Coast Guard Reserve Policy Board as provided in 14 U.S.C. 703.
    (kk) Carry out the functions vested in the Secretary by the 
Fisheries Amendments of 1982 (Pub. L. 97-389; 96 Stat. 1949) relating to 
implementation of the Convention for the Conservation of Salmon in the 
North Atlantic Ocean and to documentation and certification of 
inspection of certain vessels.
    (ll) Carry out the functions vested in the 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 1990 (August 18, 1990; Pub. L. 101-380; 104 
Stat. 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 
responsibilities of, and exercise the authority of the Secretary 
contained in the Uniform Code of Military Justice, chapter 47 of title 
10 United States Code, and the Manual for Courts-Martial, United States.
    (qq) Carry out the functions and exercise the authority vested in 
the Secretary by 14 U.S.C. 659 relating to providing assistance to film 
producers and obtaining reimbursement for assistance provided.
    (rr) Exercise the authority of the Secretary contained in 10 U.S.C. 
1588 to accept voluntary services for a museum or a family support 
program operated by the Coast Guard; to determine which expenses are 
eligible for reimbursement; and to provide reimbursement from 
nonappropriated funds of incidental expenses incurred by persons 
providing voluntary services as an ombudsman or for a family service 
center program.
    (ss) [Reserved]
    (tt) Carry out the functions and exercise the authority vested in 
the Secretary by chapter 19, title 14 U.S.C., to establish and carry out 
a program of environmental compliance and restoration at current and 
former Coast Guard facilities and to expend funds from the Environmental 
Compliance and Restoration Account.
    (uu) Carry out the functions and exercise the authorities vested in 
the Secretary by subtitle II of Title 46, United States Code, ``Vessels 
and Seaman'' as amended through Public Law 105-394, 112 Stat. 3627, as 
follows:
    (1) Part A, General Provisions, Section 2101 to end, without 
exception;
    (2) Part B, Inspection and Regulations, Section 3101 to end, except 
the authority under Section 3316(a) to appoint Government 
representatives to the executive committee of the American Bureau of 
Shipping; which is retained by the Secretary; and the authority under 
Section 4508 to establish, and appoint members to, the Commercial 
Fishing Industry Vessel Advisory Committee. Note that the authority 
under Section 3101 to suspend provisions of this part is vested in the 
President and is not redelegated;
    (3) Part C, Load Lines of Vessels, Section 5101 to end, without 
exception;
    (4) Part D, Marine Casualties, Section 6101 to end, without 
exception;
    (5) Part E, Merchant Seaman Licenses, Certificates, and Documents, 
Part 7101 to end, without exception;
    (6) Part F, Manning of Vessels, Section 8101 to end, except the 
authority to require federal pilots on the Saint Lawrence Seaway, which 
under Section 8503(c) may only be delegated to the

[[Page 24]]

Saint Lawrence Seaway Development Corporation, and the authority under 
Section 9307 to establish, and appoint members to, a Great Lakes 
Pilotage Advisory Committee, which is retained by the Secretary;
    (7) Part G, Merchant Seaman Protection and Relief, Section 10101 to 
end, without exception;
    (8) Part H, Identification of Vessels, Section 12101 to end, except 
that administration of Section 12102(c) with respect to fishing vessels 
100 feet or greater in registered length has been delegated to the 
Maritime Administrator in accordance with the American Fisheries Act, 
Public Law 105-277, 112 Stat. 268, Section 203(c);
    (9) Part I, State Boating Safety Programs, Section 13101 to end, 
except the authority under 46 U.S.C. 13110 to appoint members to the 
National Boating Safety Advisory Council, which is retained by the 
Secretary; and
    (10) Part J, Measurement of Vessels, Section 14101 to end, without 
exception.
    (vv) Carry out the functions and exercise the authorities vested in 
the Secretary by 46 United States Code Subtitle III, ``Maritime 
Liability'' as amended through Public Law 105-394, except the following 
authorities:
    (1) Section 31308, which authorizes the Secretary to foreclose on 
certain liens when the Secretary of Commerce or Transportation is a 
mortgagee; and
    (2) Sections 31329(c) and (d), which authorize the Secretary to take 
certain actions with respect to mortgagees and other purchasers of 
vessels by court order.
    (ww) Carry out the functions and exercise the authority vested in 
the Secretary by 16 U.S.C. 4711, which pertain to establishing and 
enforcing regulations to prevent the introduction and spread of aquatic 
nuisance species into the Great Lakes and other waters of the United 
States through the ballast water of vessels. This authority may be 
redelegated.
    (xx) Carry out the functions and exercise the authority vested in 
the Secretary by 33 U.S.C. 1226 to prevent or respond to acts of 
terrorism and 46 U.S.C. app. 1803, subsections (a) and (b), to assess 
the state of security standards at foreign ports. This authority may be 
redelegated.
    (yy) Carry out the functions and exercise the authority vested in 
the Secretary by 42 U.S.C. 7511b(f), concerning tank vessel emissions, 
to promulgate safety regulations, to consult with the Administrator of 
the Environmental Protection Agency concerning emission standards, and 
to enforce compliance of emission standards as determined by such 
consultation. This authority may be redelegated.
    (zz) [Reserved]
    (aaa) Establish the promotion zone for rear admiral (lower half), 
provided all captains eligible for consideration under the provisions of 
section 257(a)(5), Title 14, U.S. Code, are placed in the zone.
    (bbb) Remove an officer from active duty under section 326, Title 
14, U.S. Code.
    (ccc)--(ggg) [Reserved]
    (hhh) Carry out the functions and exercise the authority vested in 
the Secretary by 16 U.S.C. 2405 to issue such regulations as are 
necessary and appropriate to implement the Antarctic Science, Tourism, 
and Conservation Act of 1996, Pub. L. No. 104-227, 110 Stat. 3034.
    (iii) Carry out the functions and responsibilities and exercise the 
authorities vested in the Secretary by the Coast Guard Authorization Act 
of 1996, Pub. L. 104-324.
    (jjj) Carry out the functions and responsibilities and exercise the 
authorities vested in the Secretary by the National Defense 
Authorization Bill of Fiscal Year 1995, Pub. L. 103-337, pertaining to 
benefits for Coast Guard members that are being separated or have 
recently been separated (10 U.S.C. Chapter 58).
    (kkk) Carry out the functions and responsibilities and exercise the 
authorities vested in the Secretary by 14 U.S.C. 670 pertaining to 
procurement authority for Coast Guard family housing and by 14 U.S.C. 
672 pertaining to long-term lease authority for navigation and 
communications systems sites.
    (lll) Carry out the functions and responsibilities and exercise the 
authorities vested in the Secretary by 33

[[Page 25]]

U.S.C. 1908(b), that pertain to payments of civil penalties assessed for 
violations of the MARPOL Protocol, Annex IV to the Antarctic Protocol, 
or regulations issued thereunder, to persons who provide information 
leading to the assessment of such penalties.
    (mmm) [Reserved]
    (ooo) Carry out the functions and responsibilities and exercise the 
authorities vested in the Secretary by the National Defense 
Authorization Act for Fiscal Year 1998, Pub. L. 105-85, pertaining to 
authority for personnel to participate in management of certain non-
Federal entities (10 U.S.C. Chapters 53 and 81).
    (ppp) Carry out the functions and exercise the authority vested in 
the Secretary by the following statutes:
    (1) 16 U.S.C. 5106(h), relating to authorization of a person to 
enforce a moratorium declared under 16 U.S.C. 5106(c), pursuant to the 
Atlantic Coastal Fisheries Cooperative Management Act of 1993, as 
amended, Pub. L. 103-206, 107 Stat. 2447.
    (2) 16 U.S.C. 3375(a), relating to the enforcement of the Lacey Act 
Amendments of 1981, as amended, Pub. L. 97-79, 95 Stat. 1073.
    (3) 16 U.S.C. 1540(e) and (f), relating to promulgation of 
regulations under, and the enforcement of the Endangered Species Act of 
1973, as amended, Pub. L. 93-205, 81 Stat. 844.
    (4) 16 U.S.C. 971c and 971d, relating to the enforcement of the 
Atlantic Tunas Convention Act of 1975, as amended, Pub. L. 94-70, 89 
Stat. 385.
    (5) 16 U.S.C. 972e and 972g, relating to promulgation of regulations 
under, and enforcement of the Eastern Pacific Tuna Licensing Act of 
1984, as amended, Pub. L. 98-445, 98 Stat. 1715.
    (6) 16 U.S.C. 5008(a), relating to the enforcement of the North 
Pacific Anadromous Stocks Convention Act of 1992, as amended, Pub. L. 
102-587, 106 Stat. 5098.
    (7) 16 U.S.C. 3636 and 3637, relating to promulgation of regulations 
under, and the enforcement of the Pacific Salmon Treaty Act of 1985, as 
amended, Pub. L. No. 99-5, 99 Stat. 7.
    (8) 16 U.S.C. 1156 and 1172(a), relating to the enforcement of the 
Fur Seal Act of 1966, as amended, Pub. L. 89-702, 80 Stat. 1091.
    (9) 16 U.S.C. 2409, relating to the enforcement of the Antarctic 
Conservation Act of 1978, as amended, Pub. L. 95-541, 92 Stat. 2048.
    (10) 16 U.S.C. 2434(b), 2436, and 2439, relating to conservation 
measures and promulgation of regulations under, and enforcement of the 
Antarctic Living Marine Resources Convention Act of 1984, as amended, 
Pub. L. 98-623, 98 Stat. 3398.
    (11) 16 U.S.C. 773i, relating to the enforcement of the North 
Pacific Halibut Act of 1982, as amended, Pub. L. 97-176, 96 Stat. 78.
    (12) 16 U.S.C. 5506, relating to the enforcement of the High Seas 
Fishing Compliance Act of 1995, as amended, Pub. L. 104-43, 109 Stat. 
367.
    (13) 16 U.S.C. 5606(e), relating to the enforcement of the Northwest 
Atlantic Fisheries Compliance Act of 1995, as amended, Pub. L. 104-43, 
109 Stat. 377.
    (qqq) Carry out the functions and exercise the authority vested in 
the Secretary by section 346 of Pub. L. 105-66, titled the Department of 
Transportation and Related Agencies Appropriations Act, 1998, to 
establish, operate, and manage the Nationwide Differential Global 
Positioning System (NDGPS), except for the related function of 
determining the Federal requirements for the NDGPS, which is delegated 
to the Federal Railroad Administrator, and except for the related 
function of acting as lead DOT agency in matters relating to the 
National Environmental Policy Act, which is delegated to the Federal 
Highway Administrator.
    (rrr) Implement and enforce two mandatory ship reporting systems, in 
cooperation with the International Maritime Organization, pursuant to 
the Coast Guard Authorization Act of 1998, (Pub. L. 105-383), section 
313, codified at 33 U.S.C. 1230(d).
    (sss) Carry out the functions and exercise the authorities vested in 
the Secretary by sections 203(b), 203(d), and 213(g) of division c, 
title II, Public Law 105-277, which relate to ownership and control 
requirements for vessel fishery endorsements for vessels measuring less 
than 100 feet; and by 203(f) of division c, title II, Public Law 105-
277.

[[Page 26]]

    (ttt) Carry out the functions and exercise the authority vested in 
the Secretary by Title XIV--Certain Alaskan Cruise Ship Operations, 
Public Law 106-554 to regulate the discharge of sewage and graywater by 
cruise vessels into the waters of the Alexander Archipelago, as defined 
in that law, and the navigable waters of the United States within the 
State of Alaska and within Kachemak Bay National Estuarine Research 
Reserve.

(Sec. 9(e), Department of Transportation Act, 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]

    Editorial Note: For Federal Register citations affecting Sec. 1.46, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 1.47  Delegations to Federal Aviation Administrator.

    The Federal Aviation Administrator is delegated authority to:
    (a) Carry out the powers and duties transferred to the Secretary of 
Transportation by, or subsequently vested in the Secretary by virtue of, 
section 6(c)(1) of the Department of Transportation Act (49 U.S.C. 
1655(c)(1)), including those pertaining to aviation safety (except those 
related to transportation, packaging, marking, or description of 
hazardous materials) and vested in the Secretary by section 308(b) of 
title 49 U.S.C. and sections 306-309, 312-314, 1101, 1105, and 1111 and 
titles VI, VII, IX (excluding section 902(h)), and XII of the Federal 
Aviation Act of 1958, as amended.
    (b) Carry out title XIII of the Federal Aviation Act of 1958, as 
amended (72 Stat. 800; 49 U.S.C. 1531 et seq.), relating to aviation 
insurance.
    (c) Carry out the functions vested in the Secretary by the Act of 
September 7, 1957 (71 Stat. 629; 49 U.S.C. 1324 note), as amended by 
section 6(a)(3)(B) of the Department of Transportation Act, relating to 
the guarantee of aircraft purchase loans, and those functions which 
relate to the issuance of obligations to finance the expenses of such 
guarantees.
    (d) Administer Executive Orders 11419 and 11322 relating to 
prohibited aviation operations and the prohibited carriage of 
commodities and products to and from Southern Rhodesia. Carry out the 
functions vested in the Secretary by Executive Order 12183.
    (e) Provide certain facilities and services to FAA employees and 
their dependents at remote locations (49 U.S.C. 1659).
    (f) Carry out the functions vested in the Secretary by:
    (1) The Airport and Airway Development Act of 1970, as amended (49 
U.S.C. 1701 et seq.), except sections 3 and 4 (49 U.S.C. 1702, 1703).
    (2) Sections 208 and 209 of the Airport and Airway Revenue Act of 
1970, as amended (49 U.S.C. 1742, 1742 note); and
    (3) Sections 21, 22, 23(b), 24, and 25 of the Airport and Airway 
Development Act Amendments of 1976 (49 U.S.C. 1346(a), 1348 note, 1713 
note, 1356a, 1704).
    (g) Carry out the functions vested in the Secretary by part B of 
title II of the Clean Air Act, as amended (84 Stat. 1703), and by 40 CFR 
part 87 as it relates to exemptions from aircraft air pollution 
standards.
    (h) Carry out the functions of the Secretary under section 208 of 
the Appalachian Regional Development Act of 1965 (85 Stat. 168; 40 
U.S.C. App. 208).
    (i) Carry out the functions vested in the Secretary by section 
902(h)(2) of the Federal Aviation Act of 1958, as amended, as it relates 
to enforcement of hazardous materials regulations as they apply to the 
transportation or shipment of such materials by air.
    (j)(1) Except as delegated by Sec. 1.74, carry out the functions 
vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123, 
and 5124 relating to investigations, records, inspections, penalties, 
and specific relief, with particular emphasis on the transportation or 
shipment of hazardous materials by air, including the manufacture, 
fabrication, marking, maintenance, reconditioning, repair or test of 
containers which are represented, marked, certified, or sold for use in 
the bulk transportation of hazardous materials by air; and
    (2) Carry out the functions vested in the Secretary by 49 U.S.C. 
5114 as it relates to the establishment of procedures for monitoring and 
enforcing provisions of regulations with respect to

[[Page 27]]

the transportation of radioactive materials on passenger-carrying 
aircraft.
    (k) Carry out the functions vested in the Secretary by 49 App. 
U.S.C. 1808 (a), (b), and (c), 1809 and 1810 relating to investigations, 
records, inspections, penalties and specific relief so far as they apply 
to the transportation or shipment of hazardous materials by air, 
including the manufacture, fabrication, marking, maintenance, 
reconditioning, repair, or test of containers which are represented, 
marked, certified, or sold for use in the bulk transportation of 
hazardous materials by air.
    (l) Serve, or designate a representative to serve, as Vice Chairman 
and alternate Department of Transportation member of the Interagency 
Group on International Aviation (IGIA) pursuant to interagency agreement 
of December 9, 1960, and Executive Order 11382, and provide for the 
administrative operation of the IGIA Secretariat.
    (m) Carry out the functions vested in the Secretary by sections 4(a) 
and 5(c) of Executive Order 12316 of August 14, 1981 (46 FR 42237, Aug. 
20, 1981) (delegating sections 107(c)(1)(c) and 108(b), respectively, of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1981, Pub. L. 96-510), insofar as they relate to aircraft.
    (n) Carry out the functions vested in the Secretary by section 3(d) 
of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(d)) as it 
relates to ships owned or operated by the Federal Aviation 
Administration when engaged in noncommercial 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 authority of Federal Air Marshals to carry firearms and make 
arrests, in coordination with the General Counsel; and
    (2) The following subsections of section 1115 of the Federal 
Aviation Act of 1958, as amended, which relates to the security of 
foreign airports: Subsection 1115(a), in coordination with the General 
Counsel and the Assistant Secretary for Aviation and International 
Affairs; subsection 1115(b), in coordination with the Assistant 
Secretary for Aviation and International Affairs; and subsection 
1115(e)(2)(A)(ii), in coordination with the General Counsel and the 
Assistant Secretary for Aviation and International Affairs.
    (q) Carry out all of the functions vested in the Secretary under 
section 404(d) of the Federal Aviation Act of 1958 (49 U.S.C. 1374(d)), 
as amended by section 328(a) of the Department of Transportation and 
Related Agencies Appropriations Act of 1988 (Pub. L. 100-202).
    (r) Carry out the functions vested in the Secretary by the Airport 
Safety and Capacity Expansion Act of 1990, title IX, subtitle B of the 
Omnibus Budget Reconciliation Act of 1990, Public Law 101-508 (except 
those functions vested in the Secretary by sections 9113, 9125, 9127 and 
9130).
    (s) Carry out functions vested in the Secretary by Airport Noise and 
Capacity Act of 1990, title IX, subtitle D of the Omnibus Budget 
Reconciliation Act of 1990, Public Law 101-508.
    (t) Carry out the functions vested in the Secretary by sections 321 
and 410 of the Federal Aviation Act, as amended by the Aviation Security 
Improvement Act of 1990, Public Law 101-604, November 16, 1990.
    (u) Carry out the functions assigned to the Secretary by Executive 
Order 12465 (February 24, 1984) (3 CFR, 1984 Comp., p. 163) relating to 
commercial expendable launch vehicle activities.
    (v) Carry out the functions vested in the Secretary by 49 U.S.C. 
Subtitle IX.
    (w) Carry out the functions vested in the Secretary by the National 
Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 
(Pub. L. 102-588, 106 Stat 5119, November 4, 1992).


(Secs. 3(e), 6(c), and 9(e), Department of Transportation 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]

    Editorial Note: For Federal Register citations affecting Sec. 1.47, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 1.48  Delegations to Federal Highway Administrator.

    The Federal Highway Administrator is delegated authority to:

[[Page 28]]

    (a) Investigate and report on the safety compliance records of 
applicants seeking operating authority, or approval of transactions 
involving transfer of operating authority, from the Interstate Commerce 
Commission, and to intervene and present evidence concerning applicants' 
fitness in Commission proceedings under 49 U.S.C. 307, so far as it 
relates to motor carriers.
    (b) Administer the following sections of title 23, U.S.C.:
    (1)(i) 101(a); and
    (ii) 101(b), (c), (d), and (e), except as they involve mass 
transportation projects authorized by sections 103(e)(4), 142(a)(2), or 
142(c);
    (2) 103, except as it involves the substitution of non-highway 
public mass transit projects authorized by section (e)(4);
    (3) 104, including the apportionment of funds for Federal-aid 
highways once Congress approves estimates submitted by the Secretary;
    (4) 105, except as subsections (a) and (g) involve mass 
transportation projects authorized by sections 103(e)(4), 142(a)(2), or 
142(c);
    (5) 106, except subsections (a), (c), and (d) as they involve mass 
transportation projects authorized by sections 103(e)(4), 142(a)(2), or 
142(c);
    (6) 107;
    (7) 108, except as it involves mass transportation projects 
authorized by sections 103(e)(4), 142(a)(2), or 142(c);
    (8) 109, except subsections (a), (g), and (h) as they involve mass 
transportation projects authorized by sections 103(e) (4), 142(a)(2), or 
142(c);
    (9) 110, except as it involves mass transportation projects 
authorized by sections 103(e)(4), 142(a)(2), or 142(c);
    (10) 111;
    (11) 112, 113, 114, except as they involve transportation projects 
authorized by sections 103(e)(4), 142(a)(2), or 142(c);
    (12) 115;
    (13) 116, except subsections (a) and (c) as they involve mass 
transportation projects authorized by sections 103(e)(4), 142(a)(2), or 
142(c);
    (14) 117, except as it involves mass transportation projects 
authorized by sections 103(e)(4), 142(a)(2), or 142(c);
    (15) 118, 119, 120;
    (16) 121 and 122, except as they involve mass transportation 
projects authorized by sections 103(e)(4), 142(a)(2), or 142(c);
    (17) 123;
    (18) 124, except as it involves mass transportation projects 
authorized by sections 103(e)(4), 142(a)(2), or 142(c);
    (19) 125, 126, and 127;
    (20) 128, except as it involves mass transportation projects 
authorized by sections 103(e)(4), 142(a)(2), or 142(c);
    (21) 129, 130, 131, 132, 134, 135, 136, 137, 138, and 139;
    (22) 140, except paragraph (a) of this section, as it involved mass 
transportation projects authorized by sections 103(e)(4), 142(a)(2), or 
142(c);
    (23) 141, with the concurrence of the National Highway Traffic 
Safety Administrator as it relates to certification of the enforcement 
of speed limits;
    (24) 142, except as it involves mass transportation projects 
authorized by subsections (a)(2) and (c) and by 103(e)(4);
    (25) 143 and 144;
    (26) 145, except as it involves mass transportation projects 
authorized by sections 103(e)(4), 142(a)(2), or 142(c);
    (27) 146 through 152 and 155 through 157, inclusive;
    (28) 154 and 158 each with the concurrence of the National Highway 
Traffic Safety Administrator;
    (29) 201 through 205, 210, 212, 214 through 218, (Chapter 2);
    (30) 301, 302, and 303;
    (31) 304, 305, 306, except as they involve mass transportation 
projects authorized by sections 103(e)(4), 142(a)(2), or 142(c);
    (32) 307 through 314 inclusive;
    (33) 315 and 317, except as they involve mass transportation 
projects authorized by sections 103(e)(4), 142(a)(2), or 142(c);
    (34) 318 through 321, inclusive; and
    (35) 323 and 324, except as they involve mass transportation 
projects authorized by sections 103(e)(4), 142(a)(2), or 142(c).
    (c) Administer the following laws relating 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 through

[[Page 29]]

154, 167, and 171, and title IV, as amended (as it relates to matters 
within the primary responsibility of the Federal Highway Administrator), 
of the Surface Transportation Assistance Act of 1978, Public Law 95-599, 
92 Stat. 2689; and sections 502-504, title V, of the Highway Revenue Act 
of 1978.
    (2) Sections 103, 104, 111(b), 128(b), 131, 135, 136, 141, 147, 149, 
154, 158 through 161, 163, 203, 206, 401, and 402 of the Federal-Aid 
Highway Act of 1973, as amended (Pub. L. 93-87, 87 Stat. 250; Pub. L. 
93-643, 88 Stat. 2281).
    (3) The Federal-Aid Highway Act of 1970, as amended (except section 
118) (84 Stat. 1713).
    (4) The Federal-Aid Highway Act of 1968, as amended (82 Stat. 815);
    (5) The Federal-Aid Highway Act of 1966, as amended (80 Stat. 766);
    (6) The Federal-Aid Highway Act of 1962, as amended (76 Stat. 1145, 
23 U.S.C. 307 note);
    (7) The Federal-Aid Highway Act of 1956, as amended (70 Stat. 374);
    (8) The Federal-Aid Highway Act of 1954, as amended (68 Stat. 70);
    (9) The Act of September 26, 1961, as amended (75 Stat. 670);
    (10) The Highway Revenue Act of 1956, as amended (70 Stat. 387, 23 
U.S.C. 120 note);
    (11) The Highway Beautification Act of 1965, as amended (79 Stat. 
1028, 23 U.S.C. 131 et seq., notes);
    (12) The Alaska Omnibus Act, as amended (73 Stat. 141, 48 U.S.C. 21 
note prec.);
    (13) The Joint Resolution of August 28, 1965, as amended (79 Stat. 
578, 23 U.S.C. 101 et seq., notes);
    (14) Section 502(c) of the General Bridge 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 subparagraph (2)) and (c); 105 (b)(1) 
and (c); 141; 146; 147; and 152 of the Federal-Aid Highway Act of 1976 
(Pub. L. 94-280; 90 Stat. 425).
    (18) The Federal-Aid Highway Act of 1982 (Pub. L. 97-327), except 
section 6 as it relates to matters within the primary responsibility of 
the Urban Mass Transportation Administrator.
    (19) The Surface Transportation Assistance Act of 1982, Public Law 
97-424, as amended,
    (i) Except sections 165 and 531 as they relate to matters within the 
primary responsibility of the Urban Mass Transportation Administrator; 
105(f), 413; 414(b)(1) and (2); 421, 426, and title III; and
    (ii) Section 414(b)(1), with the concurrence of the National Highway 
Traffic Safety 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), 151 
through 157, 164, and 208 of the Surface Transportation and Uniform 
Relocation Assistance Act of 1987 (Pub. L. 100-17, 101 Stat. 132).
    (d) Carry out the functions vested in the Secretary of 
Transportation by section 601 of the Pipeline Safety Act of 1992, Public 
Law 102-508, relating to construction of the Page Avenue Extension 
Project in Missouri.
    (e)-(i) [Reserved]
    (j) Carry out the functions of the Secretary under the Appalachian 
Regional Development Act of 1965 (79 Stat. 5; 40 U.S.C. App.) except 
section 208.
    (k) Initiate proceedings as a complainant under 49 U.S.C. 10925 to 
revoke, suspend or amend the certificates, permits or licenses of a 
motor carrier.
    (l) Carry out the Act of September 21, 1966, Public Law 89-599, 
relating to certain approvals concerned with a compact between the 
States of Missouri and Kansas.
    (m) Carry out the law relating to the Chamizal border highway (80 
Stat. 1477).
    (n) Carry out the Highway Safety Act of 1966, as amended (80 Stat. 
731) and chapter 4 of title 23 U.S.C. as amended by section 207 of the 
Surface Transportation Assistance Act of 1978 for highway safety 
programs, research and development relating to highway design, 
construction and maintenance, traffic control devices, identification 
and surveillance of accident locations, and highway-related aspects of 
pedestrian and bicycle safety.
    (o) Exercise the authority vested in the Secretary by section 204(b) 
of the

[[Page 30]]

Federal Railroad Safety Act of 1970 (84 Stat. 972, 45 U.S.C. 433(b)) 
with respect to the laws administered by the Federal Highway 
Administrator pertaining to highway safety and highway construction.
    (p) [Reserved]
    (q) Carry out the functions vested in the Secretary by section 5 (as 
it relates to bridges, other than railroad bridges, not over navigable 
waters), and section 8(a) (as it relates to all bridges other than 
railroad bridges) of the International Bridge Act of 1972 (Pub. L. 92-
434, 86 Stat. 731).
    (r) Carry out the functions vested in the Secretary by the following 
sections of the Urban Mass Transportation Act of 1964 as amended (78 
Stat. 302, 49 U.S.C. 1601 et seq.):
    (1) Sections 3(a)(3), 3(e)(1), 5(g)(1), and 8 as they relate to 
urban planning (49 U.S.C. 1602 (a)(3) and (e)(1), 1603(a), and 
1604(g)(1); and 1604(l)).
    (2) Section 12(c)(11) relating to approval of boundaries of 
urbanized areas (49 U.S.C. 1608(c)(11));
    (3) Section 18 as it relates to the formula grant program for non-
urbanized areas in the Commonwealth of Puerto Rico.
    (s) Exercise the authority vested in the Secretary by sections 101, 
118, 120(b), 123 and 124 of the Federal-Aid Highway Amendments of 1974 
(Pub. L. 93-643, January 4, 1975, 88 Stat. 2281).
    (t)-(w) [Reserved]
    (x) Carry out the functions vested in the Secretary by sections 4(a) 
and (5)(c) of Executive Order 12316 of August 14, 1981 (46 FR 42237, 
August 20, 1981) (delegating sections 107(c)(1)(C) and 108(b), 
respectively, of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, Public Law 96-510, 94 Stat. 2781), insofar as 
they relate to motor carriers.
    (y) Carry out the functions vested in the Secretary by section 118 
of the National Visitor Center Facilities Act of 1968 (Pub. L. 90-264, 
82 Stat. 43), as added by the Union Station Redevelopment Act of 1981 
(Pub. L. 97-125; 95 Stat. 1672), with respect to the completion of the 
parking facility and associated ramps at Union Station in Washington, DC 
(40 U.S.C. 818).
    (z)-(aa) [Reserved]
    (bb) Carry out the functions vested in the Secretary by Public Law 
98-229, 98 Stat. 55, insofar as it relates to apportioning certain funds 
for construction of the Interstate Highway System in Fiscal Year 1985, 
apportioning certain funds for Interstate substitute highway projects, 
and increasing amounts available for emergency highway relief.
    (cc) Prescribe regulations, as necessary, at parts 24 and 25 of this 
title, to implement Public Law 91-646, 84 Stat. 1894, and any amendments 
thereto, as appropriate, in coordination with the Assistant Secretary 
for Transportation Policy, and carry out all other functions vested in 
the Secretary by the Uniform Relocation Assistance and Real Property 
Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 1894, and 
any amendments thereto.
    (dd)-(ee) [Reserved]
    (ff) Carry out the functions vested in the Secretary of 
Transportation by section 114 of the ``Act Making Continuing 
Appropriations for Fiscal Year 1987 and for Other Purposes,'' Public Law 
99-591, October 30, 1986, relating to construction of Interstate Highway 
H-3 in Hawaii.
    (gg) Carry out all of the functions vested in the Secretary under 
section 324 of the Fiscal Year 1986 Department of Transportation 
Appropriations Act (Pub. L. 99-190, 99 Stat. 1288), notwithstanding the 
reservation of authority under Sec. 1.44(j) of this part.
    (hh)-(jj) [Reserved]
    (kk) Carry out the functions vested in the Secretary of 
Transportation by section 505 of the Railroad Revitalization and 
Regulatory Reform Act of 1976, as amended, relating to the Alameda 
Corridor Project in consultation with the Federal Railroad 
Administrator.
    (ll) Carry out the function of acting as the lead DOT agency in 
matters relating to the National Environmental Policy Act pertinent to 
the authority vested in the Secretary to establish, operate, and manage 
the Nationwide Differential Global Positioning System (NDGPS) by section 
346 of Pub. L. 105-66, titled the Department of Transportation and 
Related Agencies Appropriations Act, 1998.

[[Page 31]]

    (mm) [Reserved]
    (nn) Carry out the functions and exercise the authority vested in 
the Secretary by sections 1501-1504 of Public Law 105-178, 112 Stat. 
241, titled Transportation Infrastructure Finance and Innovation Act of 
1998 (TIFIA), to manage the day-to-day activities associated with 
implementation of the TIFIA program. The Federal Highway Administrator 
may further delegate this authority.

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

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

    Editorial Note: For Federal Register citations affecting Sec. 1.48, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 1.49  Delegations to Federal Railroad Administrator.

    The Federal Railroad Administrator is delegated authority to:
    (a) Investigate and report on safety compliance records of 
applicants seeking railroad operating authority from the Interstate 
Commerce Commission, and to intervene and present evidence concerning 
applicants' fitness in Commission proceedings under 49 U.S.C. 1653(e), 
relating to railroads.
    (b) Carry out the Act of September 30, 1965, as amended (79 Stat. 
893, 49 U.S.C. 1631 et seq.), relating generally to high speed ground 
transportation, except issuance of reports required by section 13(c) (49 
U.S.C. 1643(c)).
    (c) Carry out the following laws relating generally to safety 
appliances and equipment on railroad engines and cars, and protection of 
employees and travelers:
    (1) The Act of March 2, 1893, as amended (27 Stat. 531, 45 U.S.C. 1 
et seq.);
    (2) The Act of March 2, 1903, as amended (32 Stat. 943, 45 U.S.C. 8 
et seq.);
    (3) The Act of April 14, 1910, as amended (36 Stat. 298, 45 U.S.C. 
11 et seq.);
    (4) The Act of May 30, 1908, as amended (35 Stat. 476, 45 U.S.C. 17 
et seq.);
    (5) The Act of February 17, 1911, as amended (36 Stat. 913, 45 
U.S.C. 22 et seq.);
    (6) The Act of March 4, 1915, as amended (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 amended (35 Stat. 325, 45 U.S.C. 36 
et seq.);
    (10) The Act of March 4, 1909, as amended (35 Stat. 965, 45 U.S.C. 
37); and
    (11) The Act of May 6, 1910, as amended (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 et seq.), relating generally to hours of service of 
railroad employees.
    (e) Carry out the functions vested in the Secretary by section 5 of 
the International Bridge Act of 1972 (Pub. L. 92-434) as it relates to 
railroad bridges not over navigable waterways.
    (f) Carry out section 25 of the Interstate Commerce Act, as amended 
(49 U.S.C. 26), relating generally to railroad safety appliances, 
methods, and systems.
    (g) Exercise the administrative powers under the Interstate Commerce 
Act with respect to powers and duties pertaining to railroad safety 
transferred to the Secretary (49 U.S.C. 1655(f)).
    (h) Operate and administer the Alaska Railroad under the Act of 
March 12, 1914, as amended (38 Stat. 305), and Executive Order 11107 (28 
FR 4225 (1963)).
    (i) Make individual and general changes in freight rates and 
passenger fares for the Alaska Railroad, without power to redelegate 
authority for general changes in freight rates and passenger fares.
    (j) Promote and undertake research and development relating to rail 
matters generally (49 U.S.C. 1653(a), 1657(e)(1), 1657(n)(1), and 
1657(q)(1)).
    (k) Carry out the functions vested in the Secretary by subtitle B of 
the National Visitor Center Facilities Act of 1968, as added by the 
Union Station Redevelopment Act of 1981 (Pub. L. 97-125; 95 Stat. 1667) 
except section 114(e) and such parts of section 118 as provided for the 
completion of the parking facility and associated ramps at Union Station 
in Washington, DC.
    (l) Exercise the authority vested in the Secretary by the Emergency 
Rail Services Act of 1970 (Pub. L. 91-663) except the authority to make 
findings required by section 3(a) of that Act and

[[Page 32]]

the authority to sign guarantees of certificates issued by trustees.
    (m) Carry out the functions vested in the Secretary by the Federal 
Railroad Safety 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 highway, traffic, and motor vehicle safety and 
highway construction.
    (n) Carry out the functions vested in the Secretary by the Emergency 
Rail Facilities Restoration Act of 1972 (Pub. L. 92-591).
    (o) Carry out the functions vested in the Secretary by subsection 
(b) (except as it relates to conducting consultations with the 
Administrator of the Environmental Protection Agency) and (c) of section 
17 of the Noise Control Act of 1972 (Pub. L. 92-574).
    (p) Carry out the functions vested in the Secretary by sections 
201(i)(3); 202(b)(7); 203, except authority to issue subpoenas; 210; 
212; 213; 215; 402; 403; and 601 of the Regional Rail Reorganization Act 
of 1973 (Pub. L. 93-236) as amended by the Rail Transportation 
Improvement Act (Pub. L. 94-555).
    (q) Carry out the functions vested in the Secretary by subsections 4 
(h) and (i) of the Department of Transportation Act, as amended (49 
U.S.C. 1653(h), (i)).
    (r) [Reserved]
    (s)(1) Except as delegated by Sec. 1.74, carry out the functions 
vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123, 
and 5124 relating to investigations, records, inspections, penalties, 
and specific relief, with particular emphasis on the transportation or 
shipment of hazardous materials by railroad, including the manufacture, 
fabrication, marking, maintenance, reconditioning, repair or test of 
containers which are represented, marked, certified, or sold for use in 
the bulk transportation of hazardous materials by railroad.
    (2) Carry out the functions vested in the Secretary by 49 U.S.C. 
5105(b) relating to a rail transportation safety study and 5111 relating 
to rail tank cars.
    (t) Carry out the functions vested in the Secretary by sections 
204(c); except authority 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, as applicable, of the 
Railroad Revitalization and Regulatory Reform Act of 1976, as amended, 
section 5 of the Department of Transportation Act (49 U.S.C. 1654), 
except authority to issue subpoenas.
    (u) Carry out functions vested in the Secretary by sections 17(a) 
and (b) (as they relate to consultations with the Administrator of the 
Environmental Protection Agency) of the Noise Control Act of 1972 (Pub. 
L. 92-574, 49 U.S.C. 1431).
    (v) Carry out the functions vested in the Secretary by the Rock 
Island Railroad Transition and Employee Assistance Act (title I of Pub. 
L. 96-254) and by section 18 of the Milwaukee Railroad Restructuring Act 
(49 U.S.C. 916).
    (w) Carry out the functions vested in the Secretary by section 305 
of the Regional Rail Reorganization Act of 1973, as amended (45 U.S.C. 
745).
    (x) Carry out the functions vested in the Secretary by sections 4(a) 
and 5(c) of Executive Order 12316 of August 14, 1981 (46 FR 42237, Aug. 
20, 1981) (delegating sections 107(c)(1)(c) and 108(b), respectively, of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1981, Pub. L. 96-510), insofar as they relate to rolling stock.
    (y) Carry out the functions vested in the Secretary by the Northeast 
Rail Service Act of 1981 (Pub. L. 97-35).
    (z) Carry out the functions vested in the Secretary by section 3 of 
the Bridge Act of 1906, as amended (33 U.S.C. 493), relating to disputes 
over the terms and compensation for use of railroad bridges built under 
the Act.
    (aa) Carry out the functions vested in the Secretary by titles II 
through VII of the Rail Safety and Service Improvement Act of 1982 (Pub. 
L. 97-468), which relates to rail safety, rail finances, and the 
transfer of The Alaska Railroad to the State of Alaska.
    (bb) Carry out the functions vested in the Secretary by section 4031 
of the Budget Reconciliation Act of 1986 (Pub. L. 99-509), which relates 
to the abolition of the United States Railway Association, and the 
execution of the functions and duties of the Association

[[Page 33]]

transferred to the Secretary, effective April 1, 1987.
    (cc) Carry out the functions vested in the Secretary by section 18 
(g) and (h) of the Rail Safety Improvement Act of 1988 (Pub. L. 100-
342).
    (dd) Carry out the function vested in the Secretary by section 1163 
of the Bankruptcy Code (11 U.S.C. 1163), which relates to the nomination 
of trustee for rail carriers in reorganization, with the concurrence of 
the Office of the General Counsel.
    (ee) Carry out the functions vested in the Secretary by sections 9, 
10, 11, 12, and 13 of the Sanitary Food Transportation Act of 1990 (Pub. 
L. 101-500; 104 Stat. 1213), with respect to transportation by railroad.
    (ff) Exercise the authority vested in the Secretary by the Crime 
Control Act of 1990 (Pub. L. 101-647) as it relates to a railroad police 
officer's authority to enforce the laws of any jurisdiction in which the 
police officer's rail carrier employer owns property.
    (gg) Carry out the functions vested in the Secretary by sections 16 
and 21 of the Hazardous Materials Transportation 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 in the Secretary by Section 601 
(d) and (e) of the National and Community Service Act of 1990 (45 U.S.C. 
546 note) as it relates to the discharge of human waste from railroad 
passenger cars.
    (ii) Carry out the functions and exercise the authority delegated to 
the Secretary in section 2(d)(2) of Executive Order 12777 (3 CFR, 1991 
Comp.; 56 FR 54757), with respect to rail transportation, relating to 
the approval of means to ensure the availability of private personnel 
and equipment to remove, to the maximum extent practicable, a worst case 
discharge, the review and approval of response plans, and the 
authorization of railroads, subject to the Federal Water Pollution 
Control Act (33 U.S.C. 1321), to operate without approved response 
plans, except as delegated in Sec. 1.46(m).
    (jj) Exercise the authority vested in the Secretary by the Swift 
Rail Development Act of 1994, being Title I--High-Speed Rail of Public 
Law 103-440 (108 Stat. 4615), as it relates to the provision of 
financial assistance for high-speed rail corridor planning and 
technology improvements, the promulgation of necessary safety 
regulations, and the redemption of outstanding obligations and 
liabilities with respect to the Columbus and Greenville Railway under 
Sections 505 and 511 of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 825 and 831, respectively).
    (kk) Carry out the functions and exercise the authority vested in 
the Secretary by 23 U.S.C. 322, titled the Magnetic Levitation 
Transportation Technology Deployment Program.
    (ll) Carry out the function of determining the Federal requirements 
for the Nationwide Differential Global Positioning System (NDGPS) as a 
necessary part of the Secretary's authority to establish, operate, and 
manage the NDGPS granted by Section 346 of Public Law 105-66, titled the 
Department of Transportation and Related Agencies Appropriations Act, 
1998.

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

    Editorial Note: For Federal Register citations affecting Sec. 1.49, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 1.50  Delegation to the National Highway Traffic Safety 
          Administrator.

    The National Highway Traffic Safety Administrator is delegated 
authority to:
    (a) Carry out the National Traffic and Motor Vehicle Safety Act of 
1966, as amended (15 U.S.C. 1381 et seq.).
    (b) Carry out the Highway Safety Act of 1966, as amended (23 U.S.C. 
401 et seq.), except for highway safety programs, research and 
development relating to highway design, construction and maintenance, 
traffic control devices, identification and surveillance of accident 
locations, and highway-related aspects of pedestrian and bicycle safety.
    (c) Exercise the authority vested in the Secretary by section 210(2) 
of the Clean Air Act, as amended (42 U.S.C. 7544(2)).
    (d) Exercise the authority vested in the Secretary by section 204(b) 
of the Federal Railroad Safety Act of 1970 (45

[[Page 34]]

U.S.C. 433(b)) with respect to laws administered by the National Highway 
Traffic Safety Administrator pertaining to highway, traffic and motor 
vehicle safety.
    (e) Carry out the Act of July 14, 1960, as amended (23 U.S.C. 313 
note) and the National Driver Register Act of 1982 (23 U.S.C. 401 note).
    (f) Carry out the functions vested in the Secretary by the Motor 
Vehicle Information and Cost Savings Act of 1972, as amended (15 U.S.C. 
1901 et seq.), except section 512.
    (g) Administer the following sections of title 23, United States 
Code, with the concurrence of the Federal Highway Administrator:
    (1) 141, as it relates to certification of the enforcement of speed 
limits;
    (2) 154 (a), (b), (d), (e), (f), (g) and (h); and
    (3) 158.
    (h) Carry out the consultation functions vested in the Secretary by 
Executive Order 11912, as amended.
    (i) Carry out section 209 of the Surface Transportation Assistance 
Act of 1978, as amended (23 U.S.C. 401 note) and section 165 of the 
Surface Transportation Assistance Act of 1982, as amended (23 U.S.C. 101 
note), with respect to matters within the primary responsibility of the 
National Highway Traffic Safety Administrator.
    (j) Administer section 414(b)(1) of the Surface Transportation 
Assistance Act of 1982, as amended (49 U.S.C. 2314) with the concurrence 
of the Federal Highway Administrator, and section 414(b)(2).
    (k) Carry out section 2(c) of the Truth in Mileage Act of 1986 (15 
U.S.C. 1988 note).
    (l) Carry out section 204(b) of the Surface Transportation and 
Uniform Relocation Assistance Act of 1987, Public Law 100-17 (101 Stat. 
132) with the coordination of the Federal Highway Administrator.
    (m) Carry out the functions vested in the Secretary by section 15(f) 
of the Sanitary Food Transportation Act of 1990 (Pub. L. 101-500; 104 
Stat. 1213).
    (n) Carry out, in coordination with the Federal Motor Carrier Safety 
Administrator, the authority vested in the Secretary by subchapter III 
of chapter 311 and section 31502 of title 49, U.S.C., to promulgate 
safety standards for commercial motor vehicles and equipment subsequent 
to initial manufacture when the standards are based upon and similar to 
a Federal Motor Vehicle Safety Standard promulgated, either 
simultaneously or previously, under chapter 301 of title 49, U.S.C.

[Amdt. 1-226, 53 FR 23122, June 20, 1988, as amended by Amdt. 1-239, 56 
FR 6810, Feb. 20, 1991; 65 FR 41015, July 3, 2000]

Sec. 1.51  Delegations to Urban Mass Transportation Administrator.

    The Urban Mass Transportation Administrator is delegated authority 
to exercise the functions vested in the Secretary by:
    (a) The Urban Mass Transportation Act of 1964, as amended (78 Stat. 
302, 49 U.S.C. 1601 et seq.), except section 18 as it relates to the 
formula grant program for non-urbanized areas in the Commonwealth of 
Puerto Rico and section 22, relating to intercity bus service.
    (b) Section 1 of Reorganization Plan No. 2 of 1968 (84 Stat. 1369).
    (c) Section 10 of the Urban Mass Transportation Assistance Act of 
1970, Public Law 91-453, 84 Stat. 962, 968).
    (d) Sections 3 and 9 through 15 of the National Capital 
Transportation Assistance Act of 1969, as amended (D.C. Code, Sec. 1-
2441 et seq).
    (e) The following sections of title 23, United States Code:
    (1) 103 as it involves the withdrawal of Interstate routes and the 
substitution of non-highway public mass transit projects authorized by 
subsection (e)(4);
    (2) 101(a) as it involves approval of boundaries of urban and 
urbanized areas, 104(f)(4), 105(d), 106(b) as it involves 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 145 as they involve mass 
transportation projects authorized by sections 103(e)(4), 142(a)(2), or 
142(c).
    (f) Sections 140, 146, 147, 164 and 165 of the Federal-Aid Highway 
Act of 1973, as amended (Pub. L. 93-87, title I, 87 Stat. 250; Pub. L. 
93-643, 88 Stat. 2281).

[[Page 35]]

    (g) Section 813 of the Housing and Community Development Act of 1974 
(Pub. L. 93-383).
    (h) Section 107 of the National Mass Transportation Assistance Act 
of 1974 (Pub. L. 93-503, November 26, 1974).
    (i) Title II of the National Mass Transportation Assistance Act of 
1974 (Pub. L. 93-503, November 26, 1974), except sections 204 and 205.
    (j) Sections 804, insofar as it relates to 45 U.S.C. 744(e)(5); and 
805, as applicable, of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (Pub. L. 94-210).
    (k) Section 148 of the Federal-Aid Highway Act of 1976 (Pub. L. 94-
280, 90 Stat. 425).
    (l) The following sections of the Surface Transportation Assistance 
Act of 1978 (Pub. L. 95-599, 92 Stat. 2689): 155, 316, 320, and title 
IV, as amended (as it relates to matters within the primary 
responsibility of the Urban Mass Transportation Administrator).
    (m) Section 601(d) of the Rail Passenger Service Act, as amended.
    (n) Section 2 of Public Law 98-229, 98 Stat. 55, insofar as it 
relates to apportioning certain funds for Interstate substitute transit 
projects.

[Amdt. 1-157, 45 FR 83408, Dec. 18, 1980, as amended 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, 50 FR 30275, July 25, 1985]

Sec. 1.52  Delegations to Saint Lawrence Seaway Development Corporation 
          Administrator.

    The Administrator of the Saint Lawrence Seaway Development 
Corporation is delegated authority to:
    (a) Carry out the functions vested in the Secretary by sections 4, 
5, 6, 7, 8, 12 and 13 of section 2 of the Port and Tanker Safety Act of 
1978 (92 Stat. 1471) as they relate to the operation of the St. Lawrence 
Seaway.
    (b) Carry out the functions vested in the Secretary by section 5 of 
the International Bridge Act of 1972 (Pub. L. 92-434) as it relates to 
the St. Lawrence River.
    (c) Carry out the functions vested in the Secretary by section 3(d) 
of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(d)) as it 
relates to ships owned or operated by the Corporation when engaged in 
noncommercial service.
    (d)-(e) [Reserved]

[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended 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]

Sec. 1.53  Delegations to the Administrator of the Research and Special 
          Programs Administration.

    Administration. The Administrator of the Research and Special 
Programs Administration is delegated authority to exercise powers and 
perform duties, including duties under the specified statutes as 
follows:
    (a) Pipelines. (1) Natural Gas Pipeline Safety Act of 1968, as 
amended (49 U.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.) relating to the establishment, enforcement and review of 
regulations concerning the safe construction, operation or maintenance 
of pipelines on Federal lands and the Outer Continental Shelf (33 U.S.C. 
1520).
    (4) Section 5 of the International Bridge Act of 1972 (Pub. L. 92-
434, 33 U.S.C. 535) as it relates to pipelines not over navigable 
waterways.
    (5) Hazardous Liquid Pipeline Safety Act of 1979, as amended (49 
U.S.C. 2001 et seq.).
    (6) Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) as 
amended, with respect to establishment, enforcement and review of 
regulations concerning pipeline safety.
    (7) Sections 4(a) and 5(c) of Executive Order 12316 of August 14, 
1981 (46 FR 42237, August 20, 1981) (delegating sections 107(c)(1)(c) 
and 108(b), respectively, of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1981, Pub. L. 96-510), insofar as 
they relate to pipelines.
    (8) Section 7005 of the Consolidated Omnibus Budget Reconciliation 
Act of 1985, as it relates to pipeline safety user fees.
    (b) Hazardous materials. Except as delegated by Sec. 1.74:
    (1) Carry out the functions vested in the Secretary by 49 U.S.C. 
5121(a), (b)

[[Page 36]]

and (c), 5122, 5123, and 5124 relating to investigations, records, 
inspections, penalties, and specific relief, with particular emphasis on 
the shipment of hazardous materials and the manufacture, fabrication, 
marking, maintenance, reconditioning, repair or test of multi-modal 
containers that are represented, marked, certified, or sold for use in 
the transportation of hazardous materials; and
    (2) Carry out the functions vested in the Secretary by all other 
provisions of the Federal hazardous material transportation law, 49 
U.S.C. 5101 et seq., except as delegated by Secs. 1.46(t), 1.47(j)(2), 
1.49(s)(2), and 1.73(d)(2).
    (c) Passenger and cargo security. (1) Serve as the Department's 
point of contact in relationships with Government, state, regional, 
local and private groups and organizations in matters relative to the 
Department-wide program for enhancing the safety and security of 
passengers and cargo in transit.
    (d) Intermodal transport. (1) Section 4(e) of the International Safe 
Container Act (Pub. L. 95-208, 91 Stat. 1475).
    (2) [Reserved]
    (e) Emergency preparedness. Carry out the functions related to 
emergency preparedness vested in the Secretary by 49 U.S.C. 101 and 301 
or delegated to the Secretary by or through the Defense Production Act 
of 1950, 50 U.S.C. App. 2061 et seq.; Executive Order 10480, as amended; 
Executive Order 12148; Executive Order 12656; Executive Order 12742; 
Reorganization Plan No. 3 of 1978; and such other statutes, executive 
orders, and other directives as may pertain to emergency preparedness.
    (f) Working Capital Fund for Financing the Activities of the 
Transportation Systems Center. (1) Section 207 of Public Law 96-254 (49 
U.S.C. 1657(r)), authorizing the Secretary to establish a working 
capital fund for financing the activities of the Transportation Systems 
Center.
    (2) [Reserved]
    (g) [Reserved]
    (h) Science and technology. (1) With respect to scientific and 
technological matters, serve as principal advisor to the Secretary and 
representative of the Department to the academic community, the private 
sector, professional organizations, and other Government agencies.
    (2) Serve as principal liaison official for the Department of 
Transportation with the Office of Science and Technology Policy in the 
Executive Office of the President.
    (3) Serve as Chairperson of the Department of Transportation's 
Research and Development Coordinating Council.
    (4) Serve as Chairperson of the Department of Transportation 
Navigation Council.
    (5) Serve as primary official responsible for coordination and 
oversight of the Department's implementation of section 2 of the Federal 
Technology Transfer Act of 1986 (Pub. L. No. 99-502; 15 U.S.C. 3710a), 
relating to the transfer of Federal technology to the marketplace.
    (i) Carry out the functions vested in the Secretary by sections 4, 
5, 6, 7, and 8 of the Sanitary Food Transportation Act of 1990 (Pub. L. 
101-500; 104 Stat. 1213).
    (j) Section 8 of the Independent Safety 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 exercise the authority delegated 
to the Secretary in Executive Order 12777 (3 CFR, 1991 Comp.; 56 FR 
54757) in section 2(b)(2) relating to the establishment of procedures, 
methods, and equipment and other requirements for equipment to prevent 
discharges from, and to contain oil and hazardous substances in, 
pipelines, motor carriers, and railroads. (See 49 CFR 1.46 and 1.66.)
    (2) Carry out the functions and exercise the authority delegated to 
the Secretary in section 2(d)(2) of Executive Order 12777 (3 CFR, 1991 
Comp.; 56 FR 54757) relating to the issuance of regulations requiring 
the owners or operators of pipelines, motor carriers, and railroads, 
subject to the Federal Water Pollution 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 Federal Water Pollution Control 
Act (33 U.S.C.

[[Page 37]]

1321), this authority includes the approval of means to ensure the 
availability of private personnel and equipment to remove, to the 
maximum extent practicable, a worst case discharge, the review and 
approval of response plans, and the authorization of pipelines to 
operate without approved response plans.
    (l) University Grants Program. Sections 11(b) and 11(c) of the 
Federal Transit Act, as amended, 49 U.S.C. App. 1607c(b) and 1607c(c), 
except for the provisions in sections 11(b)(8)(b) and 11(b)(10).

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

    Editorial Note: For Federal Register citations affecting Sec. 1.53, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 1.54  Delegations to all Secretarial Officers.

    (a) This section sets forth general delegations to the Deputy 
Secretary, the Deputy Under Secretary, the General Counsel, the 
Inspector General and the Assistant Secretaries.
    (b) Each officer named in paragraph (a) of this section is delegated 
authority to:
    (1) Redelegate and authorize successive redelegations of authority 
granted by the Secretary within their respective organizations, except 
as limited by law or specific administrative reservation, including 
authority to publish those redelegations in appendix A of this part.
    (2) Authorize and approve official travel (except foreign travel) 
and transportation for themselves, their subordinates, and others 
performing services for, or in cooperation with, the Office of the 
Secretary. This authority may be redelegated in accordance with 
regulations issued by the Assistant Secretary for Administration.
    (3) Communicate directly with chairmen of Field Coordination Groups 
provided such communications are largely informational in character and 
do not conflict with program responsibilities of the operating 
administrations.
    (4) Establish ad hoc committees for specific tasks within their 
assigned staff area.
    (5) Establish, modify, extend, or terminate standing committees 
within their specific areas of responsibility when directed or 
authorized to do so by the Secretary.
    (6) Designate members of interagency committees when such committees 
are specifically concerned with responsibilities of direct interest to 
their office.
    (7) Exercise the following authorities with respect to executive 
level positions (GS-16, 17, or 18 or equivalent) within their respective 
areas of responsibility:
    (i) Determine how executive level positions will be filled; i.e., by 
reassignment, promotion, appointment.
    (ii) Establish selection criteria to be used in identifying eligible 
candidates.
    (iii) Confer with the Administrators on selection criteria and 
candidates for an executive level position that is a counterpart of an 
activity or position in the Office of the Secretary.
    (iv) Recommend final selection for executive level positions, 
subject to review by the Executive Committee of the Departmental 
Executive Personnel Board and approval by the Secretary and the Civil 
Service Commission.
    (v) Serve as ad hoc member of the Departmental Executive Personnel 
Board at the call of the Chairman and serve on the Board's Executive 
Committee whenever matters involving their respective offices or a 
functional counterpart thereof in an operating administration are 
presented to the Executive Committee for its consideration.
    (8) Enter into inter- and intra-departmental reimbursable agreements 
other than with the head of another department or agency (31 U.S.C. 
686). This authority may be redelegated only to office directors or 
other comparable levels and to contracting officers.
    (9) Administer and perform the functions described in their 
respective functional statements.
    (10) Exercise the authority of the Secretary to make certifications, 
findings and determinations under the Regulatory Flexibility Act (Pub. 
L. 96-354) with regard to any rulemaking document for which issuance 
authority is delegated by other sections in this

[[Page 38]]

part. This authority may be redelegated to those officials to whom 
document issuance authority has been delegated.
    (11) Exercise the authority of the Secretary to resolve informal 
allegations of discrimination arising in or relating to their respective 
organizations through Equal Employment Opportunity counseling or the 
Alternative Dispute Resolution process and to develop and implement 
affirmative action and diversity plans within their respective 
organizations.


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


[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended 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]

Sec. 1.55  Delegations to Deputy Secretary.

    The Deputy Secretary may exercise the authority of the Secretary 
except where specifically limited by law, order, regulations, or 
instructions of the Secretary. In addition, the Deputy Secretary is 
delegated authority to:
    (a) Exercise executive control over the Departmental Planning-
Programming-Budgeting System.
    (b) Serve as Chairman of the Departmental Executive Personnel Board 
and its Executive Committee.
    (c) Originate direct correspondence to chairmen of Field 
Coordination Groups on overall Departmental matters.
    (d) Approve the establishment, modification, extension, or 
termination of:
    (1) Department-wide (intra-department) committees affecting more 
than one program.
    (2) OST-sponsored interagency committees.
    (3) All advisory committees (including industry advisory committees) 
except those sponsored by field activities of the operating 
administrations.
    (e) Approve the designation of:
    (1) Departmental representatives and the chairman for interagency 
committees sponsored by the Office of the Secretary.
    (2) Departmental representatives on all advisory committees except 
those sponsored by a field component of one of the operating 
administrations or the Materials Transportation Bureau.
    (3) Departmental members for international committees.
    (f) Authorize and approve official travel and transportation for 
self, subordinates, and others performing services for or in cooperation 
with the Office of the Secretary; and authorize and approve official 
foreign travel of all Departmental personnel and others performing 
travel for the Department.
    (g) Serve as the representative of the Secretary on the board of 
directors of the National Railroad Passenger Corporation and carry out 
the functions vested in the Secretary as a member of the board by 
section 303 of the Rail Passenger Service Act of 1970 (84 Stat. 1330).
    (h) Serve as the representative of the Secretary as incorporator, 
member of the acting board of directors, member of the board of 
directors, and member of the executive committee of the board of 
directors, of the United States Railway Association and when so serving 
carry out the functions vested in the Secretary in each capacity by 
title II of the Regional Rail Reorganization Act of 1973 (Pub. L. 93-
236), as amended.
    (i) Serve as the representative of the Secretary as incorporator, 
member of the interim board of directors established by section 301(c) 
of the Regional Rail Reorganization Act of 1973 (Pub. L. 93-236), and 
member of the board of directors, of the Consolidated Rail Corporation 
and when so serving carry out the functions vested in the Secretary in 
each capacity by title III of the Regional Rail Reorganization Act of 
1973 (Pub. L. 93-236).

[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended 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]

Sec. 1.56  Delegations to the Assistant Secretary for Transportation 
          Policy.

    The Assistant Secretary for Transportation Policy is delegated 
authority to:
    (a) Establish policy and maintain oversight of implementation of the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321-
4347)

[[Page 39]]

within the Department of Transportation.
    (b) Oversee the implementation of section 4(f) of the Department of 
Transportation Act of 1969 (49 U.S.C. 303).
    (c) Represent the Secretary of Transportation on various interagency 
boards, committees, and commissions to include the Architectural and 
Transportation Barriers Compliance Board and the Advisory Council on 
Historic Preservation.
    (d) Except with respect to proceedings under section 4(e) of the 
Department of Transportation Act (49 U.S.C. 307) relating to safety 
fitness of an applicant, decide on requests to intervene or appear 
before administrative agencies to present the views of the Department 
subject to concurrence by the General Counsel.
    (e) Carry out the functions vested in the Secretary by section 656 
of the Department of Energy Organization Act (42 U.S.C. 7266) which 
pertains to planning and implementing energy conservation matters with 
the Department of Energy. Serves as the Department's principal 
conservation officer.

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

Sec. 1.56a  Delegations to the Assistant Secretary for Aviation and 
          International Affairs.

    The Assistant Secretary for Aviation and International Affairs is 
delegated authority to:
    (a) Represent the Secretary of Transportation on various interagency 
boards, committees, and commissions to include the Trade Policy Review 
Group and the Trade Policy Staff Committee.
    (b) Except with respect to proceedings under section 4(e) of the 
Department of Transportation Act (49 U.S.C. 307) relating to safety 
fitness of an applicant, decide on requests to intervene or appear 
before administrative agencies to present the views of the Department 
subject to concurrence by the General Counsel.
    (c) Carry out the functions of the Secretary pertaining to aircraft 
with respect to Transportation Orders T-1 and T-2 (44 CFR chapter IV) 
under the Act of September 8, 1950, as amended (50 U.S.C. app. 2061 et 
seq.) and Executive Order No. 10480 (3 CFR, 1949-1953 comp., p. 962), as 
amended.
    (d) Serve as Department of Transportation member of the Interagency 
Group on International Aviation, and pursuant to Executive Order No. 
11382 (3 CFR, 1966-1970 comp., p. 691), as amended, serve as Chair of 
the Group.
    (e) Serve as second alternate representing the Secretary of 
Transportation to the Trade Policy Committee as mandated by 
Reorganization Plan No. 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 part 385, as limited by paragraph 
(f)(2) of this section, and except as provided in Secs. 1.53(g), 
1.57(a), and 1.57(s) of this title, carry out the functions transferred 
to the Department from the Civil Aeronautics Board under the following 
statutes:
    (i) 49 U.S.C. app. 1551(b); and
    (ii) Section 4(a)(1) through (4), (6), and (8) through (10) of the 
Civil Aeronautics Board Sunset Act of 1984 (49 U.S.C. app. 1553(a)(1) 
through (4), (6), and (8) through (10)).
    (2) Insofar as the delegation in this paragraph (f) authorizes 
review of decisions of the Designated Senior Career Official in the 
Office of the Assistant Secretary for Aviation and International Affairs 
under Sec. 1.56b of this title, the authority is limited to approving 
any such decision or remanding it for reconsideration by the Designated 
Senior Career Official, with a full written explanation of the basis for 
the remand.
    (g) Carry out the functions vested in the Secretary by the following 
subsections of section 1115 of the Federal Aviation Act of 1958, as 
amended, which relates to the security of foreign airports:
    (1) Subsection 1115(e)(1), in coordination with the General Counsel, 
and the Federal Aviation Administrator; and
    (2) Subsection 1115(e)(3), in coordination with the General Counsel, 
the Federal Aviation Administrator, the Assistant Secretary for 
Governmental Affairs, and the Assistant Secretary for Administration.
    (h) Carry out the following statutory provisions relating to 
consumer protection:

[[Page 40]]

    (1) Section 4(a)(5) of the Civil Aeronautics Board Sunset Act of 
1984 (49 U.S.C. app. 1553(a)(5)) relating to enforcement of the Consumer 
Credit Protection Act;
    (2) Sections 101(3) (relating to relieving certain carriers from 
provisions of the Federal Aviation Act), 204 (relating to taking such 
actions and issuing such regulations as may be necessary to carry out 
responsibilities under the Act), 404 (relating to enforcing the duty of 
carriers to provide safe and adequate service), 407(a) (relating to 
requiring the production of information), 407(e) (relating to entering 
carrier property, and inspecting records), 411 (relating to determining 
whether any carrier or ticket agent is engaged in unfair or deceptive 
practices or unfair methods of competition), and 416 (relating to 
establishing just and reasonable classifications of carriers and rules 
to be followed by each) of the Federal Aviation Act of 1958, as amended, 
(49 U.S.C. 1301(3), 1324, 1374, 1377 (a) and (e), 1381, and 1386) as 
appropriate to the consumer protection functions in this paragraph.
    (i) Carry out the functions of the Secretary pertaining to a 
determination of whether a fee imposed upon one or more air carriers by 
the owner or operator of an airport is reasonable under section 113 of 
the Federal Aviation Administration Authorization Act of 1994 (August 
23, 1994; Pub. L. 103-305; 108 Stat. 1577-1579).

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

Sec. 1.56b  Delegations to the Designated Senior Career Official, Office 
          of the Assistant Secretary for Aviation and International 
          Affairs.

    The Designated Senior Career Official in the Office of the Assistant 
Secretary for Aviation and International Affairs is delegated exclusive 
authority to make decisions in all hearing cases to select a carrier for 
limited-designation international route authority, and in any other case 
that the Secretary designates, under the authority transferred to the 
Department from the Civil Aeronautics Board described in Secs. 1.56a(f) 
and 1.57(s) of this title; this includes the authority to adopt, reject 
or modify recommended decisions of administrative law judges.

[Amdt. 1-261, 59 FR 10064, Mar. 3, 1994, as amended by Amdt. 1-269, 60 
FR 15877, Mar. 28, 1995]

Sec. 1.57  Delegations to General Counsel.

    The General Counsel is delegated authority to:
    (a) Conduct all rule-making proceedings, except the issuance of 
final rules, under specific laws relating generally to standard time 
zones and daylight saving (advanced standard) time.
    (b) Determine the practicability of applying the standard time of 
any standard time zone to the movements of any common carrier engaged in 
interstate or foreign commerce and issue operating exceptions in any 
case in which the General Counsel determines that it is impractical to 
apply the standard time.
    (c) Provide and coordinate the Department's counseling service to 
employees on questions of conflict of interest and other matters of 
legal import covered by Departmental regulations on employee 
responsibility and conduct. Assure that counseling and interpretations 
on these matters are available to designated Deputy Counselors of the 
Department. Serve as the Department's designee to the Civil Service 
Commission on these matters.
    (d) Serve as the alternate representative of the Secretary on the 
Board of Directors of the National Railroad Passenger Corporation when 
so designated by the Secretary or Deputy Secretary and carry out the 
functions vested in the Secretary as a member of the board by section 
303 of the Rail Passenger Service Act of 1970 (84 Stat. 1330).
    (e) Review and take final action on referrals of the findings of the 
Board for Correction of Military Records of the Coast Guard (except with 
respect to those matters on which the Secretary's authority to take 
final action is exercised by the Board pursuant to 33 CFR 52.35-15) and 
the Coast Guard Discharge Review Board.
    (f) Approve vacation of suspension of dismissal of military 
personnel (10 U.S.C. 872(b)).
    (g) Grant permission, under specific circumstances, to deviate from 
a policy or procedure prescribed by part 9 of the

[[Page 41]]

regulations of the Office of the Secretary (part 9 of this subtitle) 
with respect to testimony of OST employees as witnesses in legal 
proceedings, the serving of legal process and pleadings in legal 
proceedings involving the Secretary or his Office, and the production of 
records of that Office pursuant to subpoena.
    (h) Prepare proposed Executive orders and proclamations (including 
transmittal documents), effect appropriate Departmental coordination, 
and determine whether the transmittal to the Office of Management and 
Budget should be submitted over the Secretary's signature or the General 
Counsel's.
    (i) Emboss and affix the official Departmental seal to appropriate 
documents and other materials, for all purposes for which authentication 
by seal is required.
    (j) Except with respect to proceedings under section 4(e) of the 
Department of Transportation Act (80 Stat. 934) relating to safety 
fitness of an applicant, decide on requests to intervene or appear 
before courts or agencies to present the views of the Department, 
subject to the concurrence of other interested staff elements in the 
Office of the Secretary.
    (k) Exercise the authority delegated to the Department by the 
Assistant Attorney General, Land and Natural Resources Division, in his 
order of October 2, 1970, to approve the sufficiency of the title to 
land being acquired by purchase or condemnation by the United States for 
the use of the Department. Redelegation and successive redelegations of 
this authority may only be made to attorneys within the Department.
    (l) Issue regulations making editorial changes or corrections in the 
Regulations of the Office of the Secretary.
    (m) Review and take final action on applications for reconsideration 
of initial decisions not to disclose unclassified records of the Office 
of the Secretary requested under 5 U.S.C. 552(a)(3).
    (n) Consider, ascertain, adjust, determine, compromise, and settle 
for an amount not exceeding $25,000, any tort claim arising from the 
activities of any employee of the Office of the Secretary. Request the 
approval of the Attorney General for any such award, compromise, or 
settlement in excess of $25,000 (28 U.S.C. 2672).
    (o) Conduct coordination with foreign governments under section 118 
of the Deep Seabed Hard Mineral Resources Act (June 21, 1980).
    (p) Grant or deny petitions for extension of time to file a document 
under part 202 of title 46.
    (q) Deny petitions for rulemaking or petitions for exemptions in 
accordance with Sec. 5.13(c) of this title, and notify petitioners of 
denials in accordance with Sec. 5.13(d) of this title.
    (r) Exercise the review authority delegated to the Secretary by the 
President in Executive Order 12597 of May 13, 1987.
    (s) Assist and protect consumers in their dealings with the air 
transportation industry and assist state and local organizations in 
handling airline consumer complaints. Carry out 49 U.S.C. 40113 and 
41771 as appropriate to those 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 citations affecting Sec. 1.57, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 1.57a  Delegations to Deputy General Counsel.

    The Deputy General Counsel is delegated authority to:
    (a) Appear on behalf of the Department on the record in hearing 
cases, and to initiate and carry out enforcement actions on behalf of 
the Department, under the authority transferred to the Department from 
the Civil Aeronautics Board as described in Secs. 1.56a(f) and 1.57(s). 
This includes the authority to compromise penalties under 49 U.S.C. 
46301; to issue appropriate orders, including cease and desist orders, 
under 49 U.S.C. 46101; and to require the production of information, 
enter carrier property and inspect records and inquire into the 
management of the business of a carrier under 49 U.S.C. 41711, as 
appropriate to the enforcement responsibilities. In carrying out

[[Page 42]]

these functions, the Deputy General Counsel is not subject to the 
supervision of the General Counsel.
    (b) Initiate and carry out enforcement actions relating to:
    (1) Foreign airport security on behalf of the Department under 49 
U.S.C. 44907; and
    (2) The Consumer Credit Protection Act under section 4(a)(5) of the 
Civil Aeronautics Board Sunset Act of 1984 (October 4, 1984; Pub. L. 98-
443). In carrying out these functions, the Deputy General Counsel is not 
subject to the supervision of the General Counsel.

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

Sec. 1.57b  Delegations to the Assistant General Counsel for 
          Environmental, Civil Rights, and General Law.

    Administer 5 U.S.C. 552 and 49 CFR part 7 in connection with the 
records of the Office of the Secretary (including the Office of the 
Inspector General) and issue procedures to ensure uniform Departmental 
implementation of statutes and regulations regarding public access to 
records.

[Amdt. 1-228, 54 FR 10010, Mar. 9, 1989, as amended by Amdt. 1-261, 59 
FR 10064, Mar. 3, 1994]

Sec. 1.58  Delegations to Assistant Secretary for Budget and Programs.

    The Assistant Secretary for Budget and Programs is delegated 
authority to:
    (a) Exercise day-to-day operating management responsibility over the 
Office of Programs and Evaluation and the Office of Budget.
    (b) Direct and manage the Departmental planning, evaluation, and 
budget activities.
    (c) Request apportionment or reapportionment of funds by the Office 
of Management and Budget, provided that no request for apportionment or 
reapportionment which anticipates the need for a supplemental 
appropriation shall be submitted to the Office of Management and Budget 
without appropriate certification by the Secretary.
    (d) Issue allotments or allocations of funds to components of the 
Department.
    (e) Authorize and approve official travel and transportation for 
staff members of the Immediate Office of the Secretary including 
authority to sign and approve related travel orders and travel vouchers, 
but not including requests for overseas travel.
    (f) Issue monetary authorizations for use of reception and 
representation funds.
    (g) Act for the Secretary and Deputy Secretary with respect to 
certain budgetary and administrative matters relating to the Immediate 
Office of the Secretary.
    (h) Provide Congressional Notification for Energy Savings 
Performance Contracts (ESPCs) with cancellation ceilings in excess of 
$750,000, pursuant to the National Energy Conservation Policy Act, as 
amended, 42 U.S.C. 8287 et seq.

[Amdt. 1-130, 42 FR 58754, Nov. 11, 1977. Redesignated by Amdt. 1-157, 
45 FR 83409, Dec. 18, 1980, as amended by Amdt. 1-293, 63 FR 33589, June 
19, 1998]

Sec. 1.59  Delegations to the Assistant Secretary for Administration.

    The Assistant Secretary for Administration is delegated authority 
for the following:
    (a) Acquisition. (1) Exercise procurement authority with respect to 
requirements of the Office of the Secretary.
    (2) Make the required determinations with respect to mistakes in 
bids relative to sales of personal property conducted by the Office of 
the Secretary without power of redelegation.
    (3) Carry out the functions vested in the Secretary by sections 3 
and 4(b) (as appropriate) of Executive Order 11912.
    (4) Carry out the functions delegated to the Secretary from time to 
time by the Administrator of General Services to lease real property for 
Department use.
    (b) Personnel. (1) Conduct a personnel management program for the 
Office of the Secretary with authority to take, direct others to take, 
recommend or approve any personnel action with respect to such 
authority.
    (2) Serve as Vice Chairman of the Departmental Executive Resources 
Board and its Executive Resources Review Committee.
    (3) Exercise emergency authority to hire without the prior approval 
of the

[[Page 43]]

Deputy Secretary normally required by Departmental procedures 
implementing general employment limitations when in the judgment of the 
Assistant Secretary immediate action is necessary to effect the hire and 
avoid the loss of a well-qualified job applicant, and for similar 
reasons.
    (4) Review proposals of the Office of the Secretary for each new 
appointment or transfer to:
    (i) Verify the essentiality of the position, and
    (ii) [Reserved]
    (5) Approve employment of experts and consultants in accordance with 
5 U.S.C. 3109.
    (6) Serve as Vice Chairman of the Departmental Executive Personnel 
Board and its Executive Committee.
    (7) Issue final interpretations for the Department and its 
administrations on matters arising under section 7117 of title VII of 
the Civil Service Reform Act of 1978.
    (8) Develop, coordinate, and issue wage schedules for Department 
employees under the Federal Wage System, except as delegated to the 
Commandant of the Coast Guard at Sec. 1.46.
    (c) Finance. (1) Administer the financial and fiscal affairs of the 
Office of the Secretary (other than those for which the Assistant 
Secretary for Budget and Programs is responsible), in accordance with 31 
U.S.C. 3512.
    (2) Designate to the Treasury Department certifying officers and 
designated agents for the Office of the Secretary and imprest fund 
cashiers for the Departmental headquarters. (Redelegation to the 
Director of Financial Management is contained in subpart C, Sec. 1.59a.)
    (3) In accordance with 31 U.S.C. 3527, grant or recommend relief 
from accountability for losses or deficiencies of disbursing officers, 
cashiers, or other accountable officers as follows:
    (i) Grant relief for losses or deficiencies of less than $500 for 
which charges or exceptions have not been raised by the General 
Accounting Office.
    (ii) Recommend relief by the Comptroller General for all other 
losses or deficiencies.
    (4) Settle and pay claims by employees of the Office of the 
Secretary, except at the Transportation System Center, for personal 
property losses, as provided by 31 U.S.C. 241(b).
    (5) Waive claims and make refunds in connection with claims of the 
United States for erroneous payment of pay and allowances or of travel, 
transportation, and relocation expenses and allowances to an employee of 
the Office of the Secretary in amounts aggregating not more than $1,500 
without regard to any repayments, and deny requests for waiver of such 
claims regardless of the aggregate amount of the claim, as provided by 4 
CFR parts 91, 92, and 93. This authority may be redelgated only to the 
Director of Financial Management.
    (6) Compromise, suspend collection action on, or terminate claims of 
the United States not exceeding $100,000 (excluding interest) which are 
referred to, or arise out of the activities of, the Office of the 
Secretary.
    (7) Determine the existence and amount of indebtedness and the 
method of collecting repayments from employees of the Office of the 
Secretary and collect repayments accordingly, as provided by 5 U.S.C. 
5514. This authority may be redelegated only to the Director of 
Financial Management.
    (8) Sign Budget Execution reports required by OMB Circular A-34, for 
the Office of the Secretary. (Redelegation to the Director of Financial 
Management is contained in subpart C, Sec. 1.59a.)
    (9) Review and approve for payment any voucher for $25 or less the 
authority for payment of which is questioned by a certifying or 
disbursing officer. (Redelegation to the Director of Financial 
Management is contained in subpart C, Sec. 1.59a.)
    (10) Approve cash purchases of emergency passenger transportation 
services costing over $100 under FPMR G-72, as amended.
    (11) Perform accounting and related functions in support of the 
essential air service program.
    (12) Carry out the functions and obligations assigned to the 
Secretary with respect to the Prompt Payment Act, Public Law 97-177.
    (13) Carry out the functions and duties assigned to the Secretary 
with respect to the Debt Collection Act of 1982, Public Law 97-365.

[[Page 44]]

    (d) Special funds. Except as otherwise delegated, establish or 
operate, or both, such special funds as may be required by statute or by 
administrative determination. This excludes the Working Capital Fund (49 
U.S.C. 327).
    (e) Security. (1) Represent the Secretary on the National 
Communications Security Committee and Interdepartmental Committee on 
Internal Security.
    (2) Issue identification media ``by direction of the Secretary''.
    (3) Classify information in the interests of national defense.
    (4) Take certain classified actions on behalf of the Department in 
connection with counter-audio programs.
    (5) Authorize exceptions to investigative standards for National 
Defense Executive Reservists.
    (6) Determine when emergencies, other than attack on the United 
States, justify activation of Personnel Security Regulations issued by 
the Secretary.
    (7) Approve exceptions to the Personnel Security regulations issued 
by the Secretary.
    (8) Request the Office of Personnel Management to modify 
investigative requirements in other areas.
    (9) Ensure Department-wide compliance with Executive Orders 10450, 
12829, 12958, 12968, and related regulations and issuances.
    (f) Printing. (1) Request approval of the Joint Committee on 
Printing, Congress of the United States, for any procurement or other 
action requiring Committee approval.
    (2) Certify the necessity for Departmental periodicals and request 
approval of the Director of the Office of Management and Budget (OMB 
Circular No. A-3 Revised as of Sept. 8, 1960).
    (g) Document authentication. Emboss and affix the official 
Departmental seal to appropriate documents and other materials, for all 
purposes for which authentication by seal is required.
    (h) Foreign travel. Review written requests for modification to the 
Department's foreign travel plan approved by the Office of Management 
and Budget.
    (i) Gifts and bequests. Carry out the functions vested in the 
Secretary by section 9(m) of the Department of Transportation Act (Pub. 
L. 89-670).
    (j) Building management. Carry out the functions vested in the 
Secretary by sections 1(b) and 4(b) (as appropriate) of Executive Order 
11912.
    (k) Privacy. Issue notices of Department of Transportation systems 
of records as required by the Privacy Act of 1974 (5 U.S.C. 552a(e)(4), 
(11)).
    (l) Hearings. Provide logistical and administrative support to the 
Department's Office of Hearings.
    (m) Paperwork reduction. Carry out the functions and 
responsibilities assigned to the Secretary with respect to the Paperwork 
Reduction Act of 1980, Public Law 96-511.
    (n) Federal real property management. Carry out the functions 
assigned to the Secretary with respect to Executive Order 12512 of April 
28, 1985.
    (o) The Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970, Public Law 91-646, 84 Stat. 1894. Except as 
provided in Secs. 1.45, 1.48 and 49 CFR 25.302, the functions, powers, 
and duties of the Secretary of Transportation, with respect to the 
Uniform Relocation Assistance and Real Property Acquisition Policies Act 
of 1970, are delegated to the Assistant Secretary for Administration 
with respect to programs administered by the Office of the Secretary. 
This authority is subject to the requirements listed in Sec. 1.45 that 
govern all Operating Administrations' authority with respect to the 
Uniform Relocation Assistance and Real Property Acquisition Policies Act 
of 1970.
    (p) Regulations. Issue Department of Transportation procurement 
regulations, subject to the following limitation:
    (1) Coordination. The views of the General Counsel, the interested 
administrations and other offices will be solicited in the development 
of the procurement regulations. In commenting upon proposed provisions 
for the procurement regulations, the administrations will indicate the 
nature and purpose of any additional implementing or supplementing 
policy guidances which they propose to issue at the administration 
level.
    (2) [Reserved]

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

[[Page 45]]


    Editorial Note: For Federal Register citations affecting Sec. 1.59, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 1.59a  Redelegations by the Assistant Secretary for Administration.

    (a) The Assistant Secretary for Administration has redelegated to 
the Director of Acquisition and Grant Management authority to procure 
and authorize payment for property and services for the Office of the 
Secretary, with power to redelegate and authorize successive 
redelegations.
    (b) The Assistant Secretary for Administration has redelegated to 
the Director of Personnel authority to:
    (1) Conduct a personnel management program for the Office of the 
Secretary with authority to take, direct others to take, recommend or 
approve any personnel action with respect to such authority.
    (2) Develop, coordinate, and issue wage schedules for Department 
employees under the Federal Wage System, except as delegated to the 
Commandant of the Coast Guard at Sec. 1.46 of this part.
    (c) The Assistant Secretary for Administration has redelegated to 
the Director of Financial Management authority to:
    (1) Designate to the Treasury Department certifying officers and 
designated agents for the Office of the Secretary and imprest fund 
cashiers for the Departmental Headquarters.
    (2) Certify to the validity of obligations as required by 31 U.S.C. 
200 and to the adequacy of bond coverage for the designations under 
section 160(c)(2).
    (3) Sign reports on Budget Execution as required by OMB Circular A-
34 (Revised).
    (4) Review and approve for payment any voucher for $25 or less the 
authority for payment of which is questioned by a certifying or 
disbursing officer.
    (5) Process essential air service payments.
    (6) Approve claims of OST employees allowable under 31 U.S.C. 3721 
for amounts of $500 or less.

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

Sec. 1.60  Delegations to the Inspector General.

    The Inspector General is delegated, and has agreed to carry out, the 
following:
    (a) Aviation economics. The conduct of audits under 49 U.S.C. 1389; 
and 49 U.S.C. 1377(e).
    (b) [Reserved]

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

Sec. 1.61  Delegations to Assistant Secretary for Governmental Affairs.

    The Assistant Secretary for Governmental Affairs is delegated 
authority to:
    (a) Establish procedures for responding to Congressional 
correspondence.
    (b) Serve as the Department's point of contact in relationships with 
public and private organizations and groups devoted to consumer and 
community services or affairs.
    (c) Serve as coordinator for intra-Departmental consumer affairs 
programs.

[Amdt. 1-157, 45 FR 83409, Dec. 18, 1980, as amended 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]

Sec. 1.62  Delegations to the Director of Small and Disadvantaged 
          Business Utilization.

    The Director of Small and Disadvantaged Business Utilization is 
delegated authority to:
    (a) Exercise Departmental responsibility for the implementation and 
execution of functions and duties under sections 8 and 15 of the Small 
Business Investment Act, as amended (15 U.S.C. 637 and 644).
    (b) Carry out the functions vested in the Secretary by section 906 
of the Railroad Revitalization and Regulatory Reform Act of 1976 (Pub. 
L. 94-210), as amended.

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

Sec. 1.63  Delegations to Assistant to the Secretary and Director of 
          Public Affairs.

    The Assistant to the Secretary and Director of Public Affairs is 
delegated authority to:
    (a) [Reserved]

[[Page 46]]

    (b) Monitor the overall public information program and review and 
approve Departmental informational materials having policy-making 
ramifications before they are printed and disseminated.
    (c) Carry out the functions vested in the Secretary by section 4(b) 
(as appropriate) of Executive Order 11912.
    (d) Carry out the functions to promote carpooling and vanpooling 
which were vested in the Federal Energy Administration by section 
381(b)(1)(B) of the Energy Policy and Conservation Act and transferred 
to the Department of Transportation by section 310 of the Department of 
Energy Organization Act of 1977.

[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended 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, 59 FR 10064, Mar. 3, 1994]

Sec. 1.64  Delegations to the Director, Transportation Administrative 
          Service Center.

    The Director, Transportation Administrative Service Center (TASC), 
is delegated authority to operate the Working Capital Fund (49 U.S.C. 
327).

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

Sec. 1.65  Authority to classify information.

    (a) E.O. 12356 confers upon the Secretary of Transportation 
authority to originally classify information as Secret and Confidential 
with further authorization to delegate this authority. (No official of 
the Department of Transportation has authority to originally classify 
information as Top Secret.)
    (b) The following delegations of this authority, which may not be 
redelegated, are hereby made:
    (1) Office of the Secretary (OST). Chief, Security Staff.
    (2) U.S. Coast Guard (USCG). The Commandant; Chief, Office of 
Operations.
    (3) Federal Aviation Administration (FAA). The Administrator; 
Director of Civil Aviation Security.
    (4) Maritime Administration (MARAD). The Administrator; Associate 
Administrator for Policy and Administration (Confidential only); 
Director, Office of International Activities (Confidential only); Chief, 
Division of National Security Plans (Confidential only).
    (c) Authority to originally classify information as Secret or 
Confidential is delegated to the following officials to become effective 
automatically upon declaration of civil readiness level Initial Alert or 
the comparable military readiness level. If invoked, this authority is 
automatically terminated when both civil and military levels return to 
the level of Communications Watch or comparable readiness state.
    (1) OST. Deputy Secretary; Assistant Secretary for Transportation 
Policy; Assistant Secretary for Aviation and International Affairs; 
Assistant Secretary for Administration.
    (2) USCG. Vice Commandant; Chief of Staff; Commander, Atlantic Area; 
Commander, Pacific Area; Commanders, Coast Guard Districts; Commander, 
Coast Guard Activities, Europe; Chief, Intelligence and Security 
Division.
    (3) FAA. Deputy Administrator; Directors, FAA Regions and Centers.
    (4) MARAD. Deputy Administrator; Region Directors; Heads of ALFA, 
BRAVO, and CHARLIE Emergency Teams when activated.
    (d) Although the delegations of authority are expressed above in 
terms of positions, the authority is personal and is vested only in the 
individual occupying the position. The authority may not be exercised 
``by direction of'' a designated official. The formal appointment or 
assignment of an individual to one of the identified positions, a 
designation in writing of an individual to act in the absence of one of 
these officials, or the exercise by an individual of the powers of one 
of these officials by operation of law, however, conveys the authority 
to originally classify information.
    (e) Previous delegations of authority to Department of 
Transportation officials to originally classify information as Secret 
and Confidential are hereby rescinded.

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

[[Page 47]]

Sec. 1.66  Delegations to Maritime Administrator.

    With the exception of those authorities delegated to the Maritime 
Subsidy Board in Sec. 1.67 of this title, the Maritime Administrator is 
delegated authority 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 et seq.);
    (b) Carry out the Merchant Marine Act, 1920, as amended (46 App. 
U.S.C. 861 et seq.), including the Ship Mortgage Act, 1920, as amended 
(46 App. U.S.C. 921 et seq.);
    (c) Carry out the Merchant Marine Act, 1928, as amended (46 App. 
U.S.C. 891 et seq.);
    (d) Carry out section 7 of the Intercoastal Shipping Act, 1933, as 
amended (46 App. U.S.C. 843 et seq.);
    (e) Carry out the Merchant Marine Act, 1936, as amended (46 App. 
U.S.C. 1101 et seq.); except the authority delegated to the 
Administrator of the National Oceanic and Atmospheric Administration 
relating to the establishment of capital construction fund agreements 
under section 607 thereof and the granting of financing guarantees under 
title XI thereof, with respect to vessels in the fishing trade or 
industry;
    (f) Carry out the Merchant Ship Sales Act of 1946, as amended (50 
U.S.C. App. 1735 et seq.);
    (g) Carry out the Suits in Admiralty Act (1920), as amended (46 App. 
U.S.C. 741 et seq.);
    (h) Carry out the Civilian Nautical School Act, 1940 (46 App. U.S.C. 
1331 et seq.);
    (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 called the Emergency Foreign Vessels Acquisition Act;
    (k) Carry out the Merchant Marine Decorations and Medals Act of 1988 
(46 App. U.S.C. 2001 et seq.);
    (l) Carry out the Maritime Academy Act 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) 
authorizing sale or purchase of certain passenger vessels;
    (n) Carry out the Act of August 22, 1972 (86 Stat. 618) authorizing 
sale of Liberty ships for use as artificial reefs;
    (o) Carry out section 717 of the Act of October 26, 1972 (86 Stat. 
1184) commonly known as the Department of Defense Appropriations Act, 
1973, and similar subsequent enactments, with respect to transferring or 
otherwise making available vessels under the jurisdiction of the 
Maritime Administration to another Federal agency or, similarly, 
accepting vessels from another Federal agency;
    (p) Carry out the provisions of sections 10 through 13 of Public Law 
103-451, the National Maritime Heritage Act of 1994, 108 Stat. 4769, 
4778-4782;
    (q) Exercise the authority vested in the Administrator of General 
Services by the Act of June 1, 1948, Public Law 80-566, 62 Stat. 281, 40 
U.S.C. 318-318c and the Federal Property and Administrative Services Act 
of 1949, as amended, 63 Stat. 377, and delegated to the Secretary of 
Transportation by the Administrator of General Services on March 23, 
2000, relating to the enforcement of laws for the protection of property 
and persons at the United States Merchant Marine Academy, located in 
Kings Point, New York. This may be accomplished through appointment of 
uniformed personnel as special police, establishment of rules and 
regulations governing conduct on the affected property, and execution of 
agreements with other Federal, State, or local authorities.
    (r) Carry out the responsibilities of the National Shipping 
Authority (initially established by the Secretary of Commerce effective 
March 13, 1951) in the capacity of Director, National Shipping 
Authority;
    (s) Carry out the Maritime Education and Training Act of 1980 (46 
App. U.S.C. 1295), as amended;
    (t) Carry out all other activities previously vested in the 
Secretary of Commerce and transferred pursuant to Public Law 97-31;
    (u) Carry out the functions vested in the Secretary by section 3(d) 
of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(d)) as it 
relates to ships

[[Page 48]]

owned or operated by the Maritime Administration when engaged in 
noncommercial service;
    (v) Carry out the responsibilities and exercise the authorities of 
the Secretary of Transportation under the Maritime Security Act of 1996, 
Public Law 104-239;
    (w) Carry out the provisions of subtitle B of Public Law 101-624;
    (x) Carry out the responsibilities and exercise the authorities of 
the Secretary of Transportation under sections 1008, 1009, and 1013 of 
Public Law 104-324;
    (y) Carry out the functions vested in the Secretary by the Oil 
Pollution Act of 1990 (August 18, 1990; Pub. L. 101-380; 104 Stat. 484) 
in sections 4115(f) relating to vessel financing and 4117 relating to a 
feasibility study of an oil pollution prevention program. (See 49 CFR 
1.46 and 1.53).
    (z) Carry out the functions vested in the Secretary by Section 2927, 
Title XXIX of the National Defense Authorization Act of 1994 (Public Law 
103-160; November 30, 1993) relating to authority to convey surplus real 
property to public entities for use in the development or operation of 
port facilities.
    (aa) Carry out the following powers and duties vested in the 
Secretary by the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501-
1524):
    (1) The authority to process applications for the issuance, 
transfer, or amendment of a license for the construction and operation 
of a deepwater port (33 U.S.C. 1503(bb)) in coordination with the 
Commandant of the Coast Guard.
    (2) Approval of fees charged by adjacent coastal States for use of a 
deepwater port and directly related land-based facilities (33 U.S.C. 
1504(h)(2)).
    (3) In collaboration with the Assistant Secretary for Aviation and 
International Affairs and the Assistant Secretary for Transportation 
Policy, consultation with the Secretary of State relating to 
international actions and cooperation in the economic, trade and general 
transportation policy aspects of the ownership and operation of 
deepwater ports (33 U.S.C. 1510).
    (4) Submission of notice of the commencement of a civil suit (33 
U.S.C. 1515(b)(2)).
    (5) Intervention in any civil action to which the Secretary is not a 
party (33 U.S.C. 15150).
    (6) Authority to request the Attorney General to seek the suspension 
or termination of a deepwater port license and to initiate a proceeding 
before the Surface Transportation Board (33 U.S.C. 1507, 1511(a)).
    (bb) Carry out the functions and exercise the authorities vested in 
the Secretary by sections 3602, 3603, and 3605 of Public Law 105-261, 
titled the Strom Thurmond National Defense Authorization; and sections 
427 and 428 of Public Law 105-383, titled the Coast Guard Authorization 
Act of 1998.
    (cc) Carry out the functions and exercise the authority vested in 
the Secretary to make the necessary determinations concerning the 
employment of a vessel under sections 502 and 503 of title V, Pub. L. 
105-383, titled the Coast Guard Authorization Act of 1998.
    (dd) Carry out the functions and exercise the authorities vested in 
the Secretary by sections 202(b), 203(b), 203(g), and 213(g) of division 
c, title II, Public Law 105-277, which relate to ownership and control 
requirements for vessel fishery endorsements for vessels measuring 100 
feet and greater.

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

    Editorial Note: For Federal Register citations affecting Sec. 1.66, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.

Sec. 1.67  Delegations to Maritime Subsidy Board.

    (a) The Maritime Subsidy Board is delegated authority to:
    (1) Carry out all functions previously vested in the Secretary of 
Commerce pursuant to section 105(1) (except the last proviso thereto and 
readjustments in determinations of operating cost differentials not 
requiring a hearing and contractual changes reducing or realigning 
service requirements not involving additional subsidy or requiring a 
section 605(c) hearing under the Act (46 App. U.S.C. 1175(c)), section 
105(2), and, insofar as applicable to these functions, section 105(3) of 
Reorganization Plan No. 21 of 1950, and section 202(b)(1) of 
Reorganization Plan No. 7 of 1961,

[[Page 49]]

except investigations, hearings and determinations, including changes in 
determinations, with respect to minimum manning scales, minimum wage 
scales, and minimum working conditions referred to in section 301(a) of 
the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1101 et seq.).
    (2) Carry out all functions previously vested in the Secretary of 
Commerce pursuant to section 103(e) of Reorganization Plan No. 7 of 1961 
and section 202(b)(2) (except requiring the filing of reports, accounts, 
records, rates, charges, and memoranda under section 21 of the Shipping 
Act, 1916, as amended, and making reports and recommendations to 
Congress) and section 202(b)(3) of Reorganization Plan No. 7 of 1961, 
insofar as said functions relate to the functions described in paragraph 
(a)(1) of this section.
    (3) Execute and sign, by and through any member of the Board or the 
Secretary or an Assistant Secretary of the Board, contracts and other 
documents authorized or approved by the Board pursuant to paragraphs 
(a)(1) and (a)(2) of this section. The execution of such contracts or 
documents may be attested, under the seal of the Department of 
Transportation, by the Secretary or an Assistant Secretary of the 
Maritime Subsidy Board.
    (b) The Maritime Subsidy Board may exercise other authorities of the 
Secretary of Transportation as applicable to performing the functions 
assigned to the Board in this part.
    (c) The Board is composed of the Maritime Administrator, the Deputy 
Maritime Administrator, and the Chief Counsel of the Administration, and 
during a vacancy in any one of those offices, the person acting in such 
capacity shall be a member of the Board, unless the Secretary of 
Transportation designates another person. In case there still is a 
vacancy in the Board or in the absence or disability of one of its 
members, the Secretary of the Maritime Administration and Maritime 
Subsidy Board, or any other persons designated by the Secretary of 
Transportation, shall act as a member or members of the Board. Each 
member of the Board, while serving in that capacity, shall act pursuant 
to direct authority from the Secretary of Transportation and exercise 
judgment independent of authority otherwise delegated to the Maritime 
Administrator. The Maritime Administrator or the Acting Maritime 
Administrator serves as Chairperson of the Board. The concurring votes 
of two members shall be sufficient for the disposition of any matter 
which may come before the Board.
    (d) The Chairperson of the Maritime Subsidy Board may make use of 
officers and employees of the Maritime Administration to perform 
activities for the Board. Employees of the Maritime Administration may 
be designated as the Secretary or Assistant Secretaries of the Board.

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

Sec. 1.68  [Reserved]

Sec. 1.69  Delegations to the Director of Intelligence and Security.

    The Director of Intelligence and Security is delegated authority to:
    (a) Carry out the functions assigned to the Secretary by the 
Aviation Security Improvement Act of 1990, section 101 (Pub. L. 101-508; 
November 16, 1990) relating to intelligence and security matters for all 
modes of transportation.
    (b) [Reserved]

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

Sec. 1.70  Delegations to the Director of the Departmental Office of 
          Civil Rights.

    The Director of the Departmental Office of Civil Rights is delegated 
authority to conduct all stages of the formal internal discrimination 
complaint process (including the acceptance or rejection of complaints); 
to provide policy guidance to the operating administrations and 
Secretarial officers concerning the implementation and enforcement of 
all civil rights laws, regulations and executive orders for which the 
Department is responsible; to otherwise perform activities to ensure 
compliance with external civil rights programs; and to review and 
evaluate the operating administrations' enforcement of these 
authorities.
    These authorities include:

[[Page 50]]

    (a) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 
2000e et seq.
    (b) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 
2000d et seq.
    (c) Section 504 of the Rehabilitation Act of 1973, as amended, 29 
U.S.C. 794 and 794a.
    (d) Section 501 of the Rehabilitation Act of 1973, as amended, 29 
U.S.C. 791.
    (e) Age Discrimination in Employment Act of 1967, as amended, 29 
U.S.C. 621 et seq.
    (f) Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101.
    (g) Americans with Disabilities Act of 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 as section 6(d) of the Fair Labor 
Standards Act of 1938, 29 U.S.C. 206(d)).
    (i) Alcohol, Drug Abuse, and Mental Health Administration 
Reorganization Act, 42 U.S.C. 290dd(b).
    (j) 29 CFR Parts 1600 through 1691 (Equal Employment Opportunity 
Commission Regulations).
    (k) Department of Transportation Coast Guard Military Justice 
Manual, CG-488, Part 700-9 (Civil Rights Complaints).
    (l) Title VIII of the Civil Rights Act of 1968, as amended, 42 
U.S.C. 3601 et seq. (fair housing provisions).
    (m) The Federal Property and Administrative Services Act of 1949, 40 
U.S.C. 476.
    (n) Title IX of the Education Amendments Act of 1972, 20 U.S.C. 
1681.
    (o) Executive Order No. 12898, Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations. (In coordination with the Assistant Secretary for 
Transportation Policy.)
    (p) 49 U.S.C. 47113, 47107, and 47123 (formerly sections 505(f), 
511(a)(17), and 520 of the Airport and Airway Improvement Act of 1982, 
as amended).
    (q) 49 U.S.C. 41705 (formerly the Air Carrier Access Act of 1986, as 
amended).
    (r) The Federal-Aid Highway Act, as amended, 23 U.S.C. 140 and 324.
    (s) 49 U.S.C. 306.
    (t) 49 U.S.C. 5310, 5332 (formerly sections 16 and 19 of the Federal 
Transit Act, as amended).
    (u) The Intermodal Surface Transportation 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]

Sec. 1.71  Delegations to the Director of the Bureau of Transportation 
          Statistics.

    The Director of the Bureau of Transportation Statistics is delegated 
authority to exercise powers and perform duties under the following 
statutes:
    (a) Aviation information. (1) 49 U.S.C. 329(b)(1), relating to 
collection and dissemination of information on civil aeronautics;
    (2) Section 4(a)(7) of the Civil Aeronautics Board Sunset Act of 
1984 (October 4, 1984; Pub. L. 98-443), relating to the reporting of the 
extension of unsecured credit to political candidates (section 401, 
Federal Election Campaign Act of 1971; 2 U.S.C. 451), in conjunction 
with the General Counsel and the Assistant Secretary for Aviation and 
International Affairs; and
    (3) 49 U.S.C. 40113 (relating to taking such actions and issuing 
such regulations as may be necessary to carry out responsibilities under 
the Act), 49 U.S.C. 41702 (relating to the duty of carriers to provide 
safe and adequate service), 49 U.S.C. 41708 and 41709 (relating to the 
requirement to keep information and the forms in which it is to be 
kept), and 49 U.S.C. 41701 (relating to establishing just and reasonable 
classifications of carriers and rules to be followed by each) as 
appropriate to carry out the responsibilities under this paragraph in 
conjunction with the General Counsel and the Assistant Secretary for 
Aviation and International Affairs.
    (b) Motor carrier information. 49 U.S.C. 14123, relating to the 
collection and dissemination of information on motor carriers.
    (c) Hazardous materials information. In coordination with the 
Associate Deputy Secretary and Director, Office of Intermodalism, work 
with the Operating Administrations to determine data needs, collection 
strategies, and

[[Page 51]]

analytical techniques appropriate for implementing 49 U.S.C. 5101 et 
seq.

[Amdt. 1-270, 60 FR 30196, June 8, 1995, as amended by Amdt. 282, 61 FR 
68163, Dec. 27, 1996; 65 FR 49765, Aug. 15, 2000]

Sec. 1.72  Delegations to the Office of the Chief Information Officer.

    (a) Carry out all functions and responsibilities assigned to the 
Secretary with respect to the Paperwork Reduction Act of 1995 (44 U.S.C. 
3506);
    (b) Carry out all functions and responsibilities assigned to the 
Secretary with respect to the Clinger-Cohen Act of 1996 (40 U.S.C. 1422 
to 1424, 1427);
    (c) Carry out all functions and responsibilities assigned to the 
Secretary with respect to the Computer Security Act of 1987 (40 U.S.C. 
759, 759 notes);
    (d) Approve waivers to Federal Information Processing Standards 
(FIPS) under Section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 
1441); and
    (e) Carry out all the functions and responsibilities assigned to the 
Secretary with respect to Executive Order 13011, Federal Information 
Technology, Section 2, paragraphs (a), (b), (d), (e), and (f).

[Amdt. 1-290, 62 FR 51804, Oct. 3, 1997]

Sec. 1.73  Delegation to the Administrator of the Federal Motor Carrier 
          Safety Administration.

    The Administrator of the Federal Motor Carrier Safety Admnistration 
is delegated authority to:
    (a) Carry out the functions and exercise the authority vested in the 
Secretary by 49 U.S.C., Subtitle IV, part B:
    (1) Chapter 131, relating to general provisions on transportation 
policy;
    (2) Chapter 133, relating to administrative provisions;
    (3) Chapter 135, relating to jurisdiction;
    (4) Chapter 137, sections 13702(a), 13702(c)(1), 13702(c)(2), 
13702(c)(3), 13704, 13707, and 13708, relating to rates, routes, and 
services;
    (5) Chapter 139, relating to registration and financial 
responsibility requirements;
    (6) Chapter 141, subchapter I and sections 14121 and 14122 of 
subchapter II, relating to operations of motor carriers;
    (7) Chapter 145, sections 14501, 14502, and 14504, relating to 
Federal-State relations;
    (8) Chapter 147, sections 14701 through 14708, relating to 
enforcement remedies, investigations, and motor carrier liability; and
    (9) Chapter 149, sections 14901 through 14913, relating to civil and 
criminal penalties for violations of 49 U.S.C., Subtitle IV, part B.
    (b) Carry out the functions and exercise the authority vested in the 
Secretary by sections 104, 403(a), and 408 of the ICC Termination Act of 
1995, Public Law 104-88, 109 Stat. 803, relating to miscellaneous motor 
carrier provisions, railroad-highway grade crossing regulation and 
fatigue-related issues pertaining to commercial motor vehicle safety.
    (c) Carry out the functions vested in the Secretary by 42 U.S.C. 
4917 relating to procedures for the inspection, surveillance and 
measurement of commercial motor vehicles for compliance with interstate 
motor carrier noise emission standards and related enforcement 
activities including the promulgation of necessary regulations.
    (d)(1) Except as delegated by Sec. 1.74, carry out the functions 
vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123, 
and 5124 relating to investigations, records, inspections, penalties, 
and specific relief with particular emphasis on the transportation or 
shipment of hazardous materials by highway, including the manufacture, 
fabrication, marking, maintenance, reconditioning, repair or test of 
containers which are represented, marked, certified, or sold for use in 
the bulk transportation of hazardous materials by highway.
    (2) Carry out the functions vested in the Secretary by 49 U.S.C. 
5112 relating to highway routing of hazardous materials; 5109 relating 
to motor carrier safety permits, except subsection (f); 5113 relating to 
unsatisfactory safety ratings of motor carriers; 5125(a) and (c)-(f), 
relating to preemption determinations or waivers of preemption of 
hazardous materials highway routing requirements; 5105(e) relating to 
inspections of motor vehicles carrying hazardous material; 5119 relating 
to uniform forms and procedures; and

[[Page 52]]

5127(f) and (g) relating to credits to appropriations and availability 
of amounts.
    (e) Carry out the functions vested in the Secretary by 49 U.S.C. 
chapter 313 relating to commercial motor vehicle operators.
    (f) Carry out the functions vested in the Secretary by 49 U.S.C. 
13906, 31138 and 31139 relating to financial responsibility requirements 
for motor carriers, brokers, and freight forwarders.
    (g) Carry out the functions vested in the Secretary by subchapters I 
and III of chapter 311, title 49, U.S.C., relating to commercial motor 
vehicle programs and safety regulation, except that the authority to 
promulgate safety standards for commercial motor vehicles and equipment 
subsequent to initial manufacture is limited to standards that are not 
based upon and similar to a Federal Motor Vehicle Safety Standard 
promulgated under chapter 301 of title 49, U.S.C.
    (h) Carry out the functions vested in the Secretary by 49 U.S.C. 
5708 relating to food transportation inspections; 5710 relating to the 
Secretary's powers to administer the sanitary food transportation 
regulations; 5711 relating to enforcement of sanitary food 
transportation regulations and applicable penalties; 5712 and 5714 
relating to Federal-State relations; and 5113 and 31144 relating to 
safety fitness of owners and operators.
    (i) Carry out the functions vested in the Secretary by 49 U.S.C. 
5118 relating to the use of inspectors to promote safety in the highway 
transportation of radioactive material; and 49 U.S.C. 31142(f) relating 
to application of State regulations to government-leased vehicles and 
operators.
    (j) Carry out the functions and exercise the authority delegated to 
the Secretary in section 2(d)(2) of Executive Order 12777 (3 CFR, 1992 
Comp., p. 351), with respect to highway transportation, relating to the 
approval of means to ensure the availability of private personnel and 
equipment to remove, to the maximum extent practicable, a worst case 
discharge, the review and approval of response plans, and the 
authorization of motor carriers, subject to the Federal Water Pollution 
Control Act (33 U.S.C. 1321), to operate without approved response 
plans, except as delegated in 49 CFR 1.46(m).
    (k) Carry out 49 U.S.C. 31503 as it relates to investigation of the 
need for regulation of qualifications and maximum hours of service of 
employees of motor carriers and motor private carriers.
    (l) Carry out 49 U.S.C. 31502 relating generally to qualifications 
and maximum hours of service of employees and safety of operation and 
equipment of motor carriers, motor private carriers and motor carriers 
of migrant workers, except that the authority to promulgate safety 
standards for commercial motor vehicles and equipment subsequent to 
initial manufacture is limited to standards that are not based upon and 
similar to a Federal Motor Vehicle Safety Standard promulgated under 
chapter 301 of title 49, U.S.C.
    (m) Carry out 49 U.S.C. 503 and 31504 relating generally to service 
of process, designation of agents to receive service of process, and 
identification of interstate motor vehicles so far as they pertain to 
motor private carriers of property and motor carriers of migrant workers 
(except motor contract carriers).
    (n) Carry out 49 U.S.C. 502, 504, 506, and 523 to the extent they 
relate to motor carriers, motor carriers of migrant workers, and motor 
private carriers; 49 U.S.C. 507 to the extent it relates to motor 
carriers, motor carries of migrant workers, motor private carriers, or 
freight forwarders; and 49 U.S.C. 505, 508, and 521(b)(1), (2), (3), 
(4), (5), and (7).
    (o) Carry out the functions and exercise the authority vested in the 
Secretary by 23 U.S.C. 502(a)(1)(A).

[64 FR 56270, Oct. 19, 1999, as amended at 64 FR 58357, Oct. 29, 1999; 
65 FR 221, Jan. 4, 2000; 65 FR 41015, July 3, 2000; 65 FR 49765, Aug. 
15, 2000]

Sec. 1.74  Delegations to the Associate Deputy Secretary and Director, 
          Office of Intermodalism.

    The Associate Deputy Secretary and Director, Office of Intermodalism 
is delegated authority under the Federal hazardous material 
transportation law, 49 U.S.C. 5101 et seq., to:

[[Page 53]]

    (a) Serve as the principal adviser to the Secretary on all 
intermodal and cross-modal hazardous materials matters;
    (b) Act as the focal point for review of hazardous materials 
policies, priorities, and objectives;
    (c) Provide oversight for planning and budgeting strategies for all 
departmental hazardous materials activities;
    (d) Resolve disputes among Operating Administrations on hazardous 
materials issues;
    (e) Provide external reviews and continual monitoring of all 
departmental hazardous materials activities;
    (f) In coordination with the Assistant Secretary for Budget and 
Programs, direct that the Operating Administrations apply resources to 
specific cross-modal initiatives;
    (g) Coordinate DOT-wide hazardous materials outreach and data 
activities; and
    (h) Address other regulatory and programmatic cross-modal issues 
related to hazardous materials as warranted.

[65 FR 49765, Aug. 15, 2000]

   Appendix A to Part 1--Delegations and Redelegations by Secretarial 
                                Officers

    1. Director of Budget. The Assistant Secretary for Budget and 
Programs has redelegated to the Director of Budget authority to:
    (a) Request apportionment and reapportionment of funds by the Office 
of Management and Budget, provided that no request for apportionment or 
reapportionment which anticipates the need for a supplemental 
appropriation shall be submitted to the Office of Management and Budget 
without appropriate certification by the Secretary.
    (b) Issue allotments or allocations of funds to components of the 
Department.
    2. Chief Counsel, U.S. Coast Guard. (a) The General Counsel, as 
Judge Advocate General for the U.S. Coast Guard, has delegated to the 
Chief Counsel, U.S. Coast Guard, pursuant to the Uniform Code of 
Military Justice, chapter 47 of title 10, United States Code, authority 
to exercise the following powers and duties:
    (1) The authority to recommend assignment for duty of judge 
advocates under Article 6(a), section 806(a) of title 10, United States 
Code.
    (2) The authority to make field inspections in connection with the 
administration of military justice under Article 6(a) section 806(a) of 
Title 10, United States Code.
    (3) The authority to designate military judges; to make assignments 
of, and exercise direct responsibility for, military judges; and to 
assign, or approve the performance of, other duties of a judicial or 
nonjudicial nature by military judges under Article 26(c), section 
826(c) of title 10, United States Code.
    (4) The authority to forward to a Court of Military Review records 
that must be referred to a Court of Military Review under Article 66(b), 
section 866(b) of title 10, United States Code.
    (5) The authority to instruct the convening authority to take action 
in accordance with the decision of the Court of Military Review or 
dismiss the charges under Article 66(e), section 866(e) of title 10, 
United States Code.
    (6) The authority to modify or vacate findings and sentences in 
cases not reviewed by a Court of Military Review under Article 69, 
section 869 of title 10, United States Code.
    (7) The authority to certify counsel as competent to perform the 
duties of trial counsel and defense counsel of a general court-martial 
under 10 U.S.C. 827(b), Art. 27(b) UCMJ.
    (8) The authority to detail appellate Government counsel and 
appellate defense counsel to perform duties in connection with the 
review of court-martial cases by the Court of Military Review, the Court 
of Military Appeals and the Supreme Court.
    (9) The authority to perform any other duty and exercise any other 
power which the General Counsel is authorized or required to perform 
under the Uniform Code of Military Justice or the Manual for Courts-
Martial, with the exception of the following which are reserved to the 
General Counsel or his or her delegatee within the Office of the General 
Counsel:
    (i) Authority to certify commissioned officers as qualified for duty 
as military judges under Article 26(b), section 826(b) of title 10, 
United States Code.
    (ii) Authority to establish a Court of Military Review and designate 
a chief judge of the court under Article 66(a), section 866(a) of title 
10, United States Code.
    (iii) Authority to order cases sent to the Court of Military Appeals 
under Article 67(b)(2), section 867(b)(2) of title 10, United States 
Code.
    (iv) Authority to examine records of general courts-martial not 
reviewed under Article 66, section 866 of title 10, United States Code, 
and modify or set aside the findings or the sentence, or refer the 
record to the Court of Military Review under Article 69(a), section 
869(a) of title 10, United States Code.
    (v) Authority to prescribe rules not inconsistent with the Manual 
for Courts-Martial to govern the professional supervision and discipline 
of military trial and appellate judges, judge advocates, and other 
lawyers who practice in proceedings governed by the UCMJ and Manual for 
Courts-Martial.

[[Page 54]]

    (vi) Authority to make the recommendation of the Judge Advocate 
General in a court-martial case requiring approval by the Secretary or 
the President.
    (vii) Authority to approve a vacation of supension of dismissal of 
military personnel.
    (b) The authority delegated by paragraph (a)(3) of this section may 
be redelegated only to the Deputy Chief Counsel.
    (c) The Chief Counsel shall make an annual summary report of his 
actions taken under paragraph (a)(6) of this section of this delegation 
to the General Counsel of the Department of Transportation (including 
the number of cases subject to that authority, the number of 
applications for review filed, and the disposition thereof) for 
inclusion, as appropriate, in the Judge Advocates General and Court of 
Military Appeals report to Congress required by Article 67(g), section 
867(g) of title 10, United States Code.
    3. Chief Counsels. The General Counsel has delegated to the Chief 
Counsels the authority delegated to the General Counsel by Amendment 1-
41 to part 1 of title 49, Code of Federal Regulations, 35 FR 17653, 
November 17, 1970, as follows:
    Section 855 of the Revised Statutes, as amended by Public Law 91-
393, 84 Stat. 835 (40 U.S.C. 255) authorizes the Attorney General to 
delegate to other departments and agencies his authority to give written 
approval of the sufficiency to the title to land being acquired by the 
United States. The Attorney General has delegated to the Assistant 
Attorney General in charge of the Land and Natural Resources Division 
the authority to make delegations under that law to other Federal 
departments and agencies (35 FR 16084; 28 CFR 0.66). The Assistant 
Attorney General, Land and Natural Resources Division, has further 
delegated certain responsibilities in connection with the approval of 
the sufficiency of the title to land to the Department of Transportation 
as follows:

 delegation to the department of transportation for the approval of the 
        title to lands being acquired for federal public purposes

    Pursuant to the provision of Public Law 91-393, approved September 
1, 1970, 84 Stat. 835, amending R.S. 355 (40 U.S.C. 255), and acting 
under the provisions of Order No. 440-70 of the Attorney General, dated 
October 2, 1970, the responsibility for the approval of the sufficiency 
of the title to land for the purpose for which the property is being 
acquired by purchase or condemnation by the United States for the use of 
your Department is, subject to the general supervision of the Attorney 
General and to the following conditions, hereby delegated to your 
Department.
    This delegation of authority is further subject to:
    1. Compliance with the regulations issued by the Assistant Attorney 
General on October 2, 1970, a copy of which is enclosed.
    2. This delegation is limited to:
    (a) The acquisition of land for which the title evidence, prepared 
in compliance with these regulations, consists of a certificate of 
title, title insurance policy, or an owner's duplicate Torrens 
certificate of title.
    (b) The acquisition of lands valued at $100,000 or less, for which 
the title evidence consists of abstracts of title or other types of 
title evidence prepared in compliance with said regulations.
    As stated in the above-mentioned Act, any Federal department or 
agency which has been delegated the responsibility to approve land 
titles under the Act may request the Attorney General to render his 
opinion as to the validity of the title to any real property or interest 
therein, or may request the advice or assistance of the Attorney General 
in connection with determinations as to the sufficiency of titles.
    The Chief Counsels of the United States Coast Guard, Federal 
Aviation Administration, Federal Highway Administration, Federal 
Railroad Administration, National Highway Traffic Safety Administration, 
Urban Mass Transportation Administration, the St. Lawrence Seaway 
Development Corporation, Maritime Administration, and Research and 
Special Programs Administration are hereby authorized to approve the 
sufficiency of the title to land being acquired by purchase or 
condemnation by the United States for the use of their respective 
organizations. This delegation is subject to the limitations imposed by 
the Assistant Attorney General, Land and Natural Resources Division, in 
his delegation to the Department of Transportation. Redelegation of this 
authority may only be made by the Chief Counsels to attorneys within 
their respective organizations.
    If his organization does not have an attorney experienced and 
capable in the examination of title evidence, a Chief Counsel may, with 
the concurrence of the General Counsel, request the Attorney General to 
(1) furnish an opinion as to the validity of a title to real property or 
interest therein, or (2) provide advice or assistance in connection with 
determining the sufficiency of the title.

(49 CFR 1.45(a) and 1.53(a); 49 U.S.C. 322)

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

    Editorial Note: For Federal Register citations affecting appendix A 
to part 1, see the List of CFR Sections Affected which appears in the 
Finding Aids section of the printed volume and on GPO Access.

[[Page 55]]
