Organization and Delegation of Powers and Duties, 19817-19845 [2016-04230]
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Vol. 81
Tuesday,
No. 65
April 5, 2016
Part III
Department of Transportation
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49 CFR Part 1
Organization and Delegation of Powers and Duties; Final Rule
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Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[Docket No. DOT–OST–2012–0123]
RIN 2105–AE42
Organization and Delegation of Powers
and Duties
Office of the Secretary (OST),
U.S. Department of Transportation
(DOT).
ACTION: Final rule.
AGENCY:
The Office of the Secretary of
Transportation is updating the
regulations that govern the organization
of the Department of Transportation and
delegate authority from the Secretary to
departmental officers, including the
Deputy Secretary, the Under Secretary,
the General Counsel, the Assistant
Secretaries, the Inspector General, and
the heads of the Department’s Operating
Administrations. This amendment
responds to the Moving Ahead for
Progress in the 21st Century Act and the
Department of Transportation
Appropriations Act, 2015, removes
some delegations of authority that were
unnecessary or inaccurate, and revises
some delegations of authority to
improve the description of current
Department practice.
DATES: Effective April 5, 2016.
FOR FURTHER INFORMATION CONTACT:
Michael A. Smith, Office of the General
Counsel (C–10), 1200 New Jersey
Avenue SE., Washington, DC 20590,
(202) 366–2917, michael.a.smith@
dot.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
This final rule updates the regulations
that organize the Department of
Transportation and delegate authority
from the Secretary of Transportation to
other departmental officials, including
the Deputy Secretary, the Under
Secretary, the General Counsel, the
Assistant Secretaries, the Inspector
General, and the heads of the Operating
Administrations. The purpose of this
rule is to describe to the public and
other government officials how the
Department operates, which offices
within the Department are responsible
for which activities, and what authority
each office exercises.
This rule updates part 1 on
Organization and Delegation of Powers
and Duties in two ways. First, the rule
responds to the Moving Ahead for
Progress in the 21st Century Act (Pub.
L. 112–141, 126 Stat. 405) and the
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Department of Transportation
Appropriations Act, 2015 (Pub. L. 113–
235 div. K, tit. I, 128 Stat. 2696). The
rule adds delegations for new sources of
authority from those laws. Second, the
rule improves and simplifies the
existing delegations of authority. It
removes some delegations that were
unnecessary or no longer described the
exercise of authority within the
Department. It revises and clarifies other
delegations to more accurately describe
current Department practice and ensure
consistency with relevant statutory
authorities.
This final rule does not impose
substantive requirements on the public.
It is ministerial and relates only to the
Department’s organization, procedure,
and practice. Therefore, the Department
has determined that notice and
comment are unnecessary and that the
rule is exempt from prior notice and
comment requirements under 5 U.S.C.
553(b)(3)(A). As these changes will not
have a substantive impact on the public,
the Department does not expect to
receive substantive comments on the
rule. Accordingly, under 5 U.S.C.
553(d)(3), the Department finds good
cause for this rule to be effective less
than 30 days after its publication in the
Federal Register.
Regulatory Analyses and Notices
Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
The Department has determined that
this final rule is not a significant
regulatory action under Executive Order
12866 and DOT Regulatory Policies and
Procedures (44 FR 11034). It was not
reviewed by the Office of Management
and Budget. There are no costs
associated with this rule.
Executive Order 13132 (Federalism)
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). This final rule
does not have substantial direct effects
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. Therefore,
the consultation requirements of
Executive Order 13132 do not apply.
Executive Order 13175 (Consultation
and Coordination With Indian Tribal
Governments)
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
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Because this final rule does not
significantly or uniquely affect the
communities of the Indian tribal
governments and does not impose
substantial or direct compliance costs,
the funding and consultation
requirements of Executive Order 13175
do not apply.
Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required for this rule
under the Administrative Procedure
Act, 5 U.S.C. 553, the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) do not apply. We also do not
believe this rule will impose any costs
on small entities because it is merely
organizational in nature. I hereby certify
that this final rule will not have a
significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520).
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) does not
require a written statement for this final
rule because the rule does not include
a Federal mandate that may result in the
expenditure in any one year of
$155,000,000 or more by State, local,
and tribal governments, or the private
sector.
National Environmental Policy Act
The agency has analyzed the
environmental impacts of this action
pursuant to the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) and has determined that it
is categorically excluded pursuant to
DOT Order 5610.1C, Procedures for
Considering Environmental Impacts (44
FR 56420, Oct. 1, 1979). Categorical
exclusions are actions identified in an
agency’s NEPA implementing
procedures that do not normally have a
significant impact on the environment
and therefore do not require either an
environmental assessment (EA) or
environmental impact statement (EIS).
See 40 CFR 1508.4. In analyzing the
applicability of a categorical exclusion,
the agency must also consider whether
extraordinary circumstances are present
that would warrant the preparation of
an EA or EIS. Id. Paragraph 3.c.5 of DOT
Order 5610.1C incorporates by reference
the categorical exclusions for all DOT
Operating Administrations. This action
is covered by the categorical exclusion
listed in the Federal Highway
Administration’s implementing
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procedures, ‘‘[p]romulgation of rules,
regulations, and directives.’’ 23 CFR
771.117(c)(20). The purpose of this
rulemaking is to update the regulations
that govern the organization of the
Department and delegate authority from
the Secretary to departmental officers
and the heads of the Department’s
Operating Administrations. The agency
does not anticipate any environmental
impacts, and there are no extraordinary
circumstances present in connection
with this rulemaking.
List of Subjects in 49 CFR Part 1
Authority delegations (Government
agencies), Organization and functions
(Government agencies).
For the reasons stated in the
preamble, the Department of
Transportation revises 49 CFR part 1 to
read as follows:
PART 1—ORGANIZATION AND
DELEGATION OF POWERS AND
DUTIES
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Subpart B—Office of the Secretary
1.11 Overview.
1.13 OST key responsibilities.
1.15 OST structure.
1.17 OST line of secretarial succession.
OST Officials
1.20 Secretary of Transportation.
1.21 Reservations of Authority to the
Secretary of Transportation.
1.22 Deputy Secretary.
1.23 Delegations to the Deputy Secretary.
1.24 Under Secretary of Transportation for
Policy.
1.25 Delegations to the Under Secretary of
Transportation for Policy.
1.25a Redelegations by the Under Secretary
of Transportation for Policy.
1.26 General Counsel.
1.27 Delegations to the General Counsel.
1.27a Delegations to the Career Deputy
General Counsel.
1.27b Delegations to the Assistant General
Counsel for General Law.
1.30 Assistant Secretaries.
1.31 Assistant Secretary for Transportation
Policy.
1.32 Assistant Secretary for Aviation and
International Affairs.
1.33 Chief Financial Officer and Assistant
Secretary for Budget and Programs.
1.34 Delegations to the Chief Financial
Officer and Assistant Secretary for
Budget and Programs.
1.35 Assistant Secretary for Governmental
Affairs.
1.36 Delegations to the Assistant Secretary
for Governmental Affairs.
1.37 Assistant Secretary for Administration.
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Delegations to the Assistant Secretary
for Administration.
1.38a Redelegations by the Assistant
Secretary for Administration.
1.39 Executive Secretariat.
1.40 Departmental Office of Civil Rights.
1.41 Delegations to the Director of the
Departmental Office of Civil Rights.
1.42 Office of Small and Disadvantaged
Business Utilization.
1.43 Delegations to the Director of the
Office of Small and Disadvantaged
Business Utilization.
1.44 Office of Intelligence, Security and
Emergency Response.
1.45 Delegations to the Director of the
Office of Intelligence, Security and
Emergency Response.
1.46 Office of Public Affairs.
1.47 Delegations to the Assistant to the
Secretary and Director of Public Affairs.
1.48 Office of the Chief Information Officer.
1.49 Delegations to the Chief Information
Officer.
1.50 Office of Drug & Alcohol Policy &
Compliance.
1.60 General Authorizations and
Delegations to Secretarial Officers.
Subpart C—Office of Inspector General
1.70 Overview.
1.71 Key responsibilities.
1.72 Structure.
1.73 Authority of Inspector General.
1.74 Delegations to Inspector General.
Subpart A—General
Sec.
1.1 Overview.
1.2 Organization of the Department.
1.3 Exercise of authority.
1.4 Construction.
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1.38
Subpart D—Operating Administrations
1.80 Overview.
1.81 Delegations to all Administrators.
1.81a Redelegation by all Administrators.
1.82 The Federal Aviation Administration.
1.83 Delegations to the Federal Aviation
Administrator.
1.84 The Federal Highway Administration.
1.85 Delegations to the Federal Highway
Administrator.
1.86 The Federal Motor Carrier Safety
Administration.
1.87 Delegations to the Federal Motor
Carrier Safety Administrator.
1.88 The Federal Railroad Administration.
1.89 Delegations to the Federal Railroad
Administrator.
1.90 The Federal Transit Administration.
1.91 Delegations to the Federal Transit
Administrator.
1.92 The Maritime Administration.
1.93 Delegations to the Maritime
Administrator.
1.94 The National Highway Traffic Safety
Administration.
1.95 Delegations to the National Highway
Traffic Safety Administrator.
1.96 The Pipeline and Hazardous Materials
Safety Administration.
1.97 Delegations to the Pipeline and
Hazardous Materials Safety
Administrator.
1.98 The Research and Innovative
Technology Administration.
1.99 Delegations to the Research and
Innovative Technology Administrator.
1.100 The Saint Lawrence Seaway
Development Corporation.
1.101 Delegations to the Saint Lawrence
Seaway Development Corporation
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Administrator. Appendix A to Part 1—
Delegations and Redelegations by
Secretarial Officers
Authority: 49 U.S.C. 322.
PART 1—ORGANIZATION AND
DELEGATION OF POWERS AND
DUTIES
Subpart A—General
§ 1.1
Overview.
This part describes the organization of
the United States Department of
Transportation and provides for the
performance of duties imposed upon,
and the exercise of powers vested in, the
Secretary of Transportation by law.
§ 1.2
Organization of the Department.
(a) The Secretary of Transportation is
the head of the Department.
(b) The Department comprises the
Office of the Secretary of Transportation
(OST), the Office of the Inspector
General (OIG), and the following
Operating Administrations, each headed
by an Administrator who reports
directly to the Secretary:
(1) The Federal Aviation
Administration (FAA).
(2) The Federal Highway
Administration (FHWA).
(3) The Federal Motor Carrier Safety
Administration (FMCSA).
(4) The Federal Railroad
Administration (FRA).
(5) The Federal Transit
Administration (FTA).
(6) The Maritime Administration
(MARAD).
(7) The National Highway Traffic
Safety Administration (NHTSA).
(8) The Pipeline and Hazardous
Materials Safety Administration
(PHMSA).
(9) The Research and Innovative
Technology Administration (RITA).
(10) The Saint Lawrence Seaway
Development Corporation (SLSDC).
§ 1.3
Exercise of authority.
(a) In exercising powers and
performing duties delegated by this part
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, the Under
Secretary, the General Counsel, an
Assistant Secretary, the Inspector
General, or an Administrator. This
includes, wherever specified, the
requirement for advance notice to, prior
coordination with, or prior approval by
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an authority other than that of the
official proposing to act.
(b) Subject to the reservations of
authority to the Secretary of
Transportation in § 1.21, the Deputy
Secretary, the Under Secretary, the
General Counsel, the Assistant
Secretaries, the Inspector General, and
the Administrators exercise the powers
and perform the duties delegated to
them under this part.
(c) For delegations of authority vested
in the Secretary by Executive Order
13526 (see also Executive Orders 12958
and 12065) originally to classify
documents as secret and confidential,
see § 8.11 of this subtitle. Previous
delegations of authority to Department
of Transportation officials to originally
classify information as secret and
confidential are hereby rescinded.
§ 1.4
Construction.
For the purposes of this part:
(a) ‘‘Federal Aviation Administrator’’
is synonymous with ‘‘Administrator of
the Federal Aviation Administration.’’
(b) ‘‘Federal Highway Administrator’’
is synonymous with ‘‘Administrator of
the Federal Highway Administration.’’
(c) ‘‘Federal Motor Carrier Safety
Administrator’’ is synonymous with
‘‘Administrator of the Federal Motor
Carrier Safety Administration.’’
(d) ‘‘Federal Railroad Administrator’’
is synonymous with ‘‘Administrator of
the Federal Railroad Administration.’’
(e) ‘‘Federal Transit Administrator’’ is
synonymous with ‘‘Administrator of the
Federal Transit Administration.’’
(f) ‘‘Maritime Administrator’’ is
synonymous with ‘‘Administrator of the
Maritime Administration.’’
(g) ‘‘National Highway Traffic Safety
Administrator’’ is synonymous with
‘‘Administrator of the National Highway
Traffic Safety Administration.’’
(h) ‘‘Pipeline and Hazardous Materials
Safety Administrator’’ is synonymous
with ‘‘Administrator of the Pipeline and
Hazardous Materials Safety
Administration.’’
(i) ‘‘Saint Lawrence Seaway
Development Corporation
Administrator’’ is synonymous with
‘‘Administrator of the Saint Lawrence
Seaway Development Corporation.’’
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Subpart B—Office of the Secretary
§ 1.11
Overview.
This subpart sets forth the OST’s key
responsibilities, its basic organizational
structure, and the line of Secretarial
succession in time of need. It also
describes the key responsibilities of
OST officials, and sets forth delegations
and reservations of authority to those
officials.
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§ 1.13
OST key responsibilities.
(a) The OST is responsible for:
(1) Providing leadership in
formulating and executing wellbalanced national and international
transportation objectives, policies, and
programs to ensure the Nation has safe,
economically competitive transportation
systems that support U.S. interests, that
are maintained in a state of good repair,
that foster environmental sustainability,
and that support livable communities;
(2) Chairing the Department’s Safety
Council;
(3) Stimulating and promoting
research and development in all modes
and types of transportation, with special
emphasis on transportation safety;
(4) Coordinating the various
transportation programs of the Federal
Government;
(5) Encouraging maximum private
development of transportation services;
(6) Providing responsive, timely, and
effective liaison with Congress and
public and private organizations on
transportation matters;
(7) Providing innovative approaches
to urban transportation and
environmental enhancement programs;
(8) Overseeing the Department’s
multimodal freight policy;
(9) Providing effective management of
the Department as a whole to ensure it
achieves organizational excellence;
(10) Leading Department-wide efforts
for greater transparency and
accountability;
(11) Administering the Department’s
Livable Communities initiative to
increase access to convenient and
affordable transportation choices and
improve transportation networks that
accommodate pedestrians and bicycles;
(12) Coordinating the Department’s
credit and financial assistance programs
by leading the Credit Council to ensure
responsible financing for the Nation’s
transportation projects;
(13) Formulating and executing
policies to ensure effective operation of
the Department’s aviation economic
program including functions related to
consumer protection and civil rights,
domestic airline licensing matters,
competition oversight, airline data
collection, and review of international
route negotiations and route awards to
carriers; and
(14) Leading and coordinating Federal
Government transportation fringe
benefit programs.
(b) [Reserved]
§ 1.15
OST structure.
(a) Secretary and Deputy Secretary.
The Secretary and Deputy Secretary are
assisted by the following, all of which
report directly to the Secretary:
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(1) The Chief of Staff;
(2) The Executive Secretariat;
(3) The Departmental Office of Civil
Rights;
(4) The Office of Small and
Disadvantaged Business Utilization;
(5) The Office of Intelligence, Security
and Emergency Response;
(6) The Office of Public Affairs;
(7) The Office of the Chief Information
Officer; and
(8) The Office of Drug & Alcohol
Policy & Compliance.
(b) The Under Secretary of
Transportation for Policy, the General
Counsel, and the Assistant Secretaries
for Administration, Budget and
Programs, and Governmental Affairs
also report directly to the Secretary.
(c) Office of the Under Secretary of
Transportation for Policy. This Office is
composed of:
(1) The Office of the Assistant
Secretary for Transportation Policy,
which includes:
(i) The Office of Policy Development,
Strategic Planning and Performance;
(ii) The Office of Infrastructure
Finance and Innovation; and
(iii) The Office of the Chief
Economist.
(2) The Office of the Assistant
Secretary for Aviation and International
Affairs, which includes:
(i) The Office of International
Transportation and Trade;
(ii) The Office of International
Aviation; and
(iii) The Office of Aviation Analysis.
(d) Office of the General Counsel. This
Office is composed of:
(1) The Office of General Law;
(2) The Office of International Law;
(3) The Office of Litigation;
(4) The Office of Legislation;
(5) The Office of Regulation and
Enforcement;
(6) The Office of Operations, which
includes the Freedom of Information
Act (FOIA) Office;
(7) The Office of Aviation
Enforcement and Proceedings, which
includes the Aviation Consumer
Protection Division; and
(8) The Center for Alternative Dispute
Resolution.
(e) Office of the Chief Financial
Officer and Assistant Secretary for
Budget and Programs. This Office is
composed of:
(1) The Office of Budget and Program
Performance;
(2) The Office of Financial
Management;
(3) The Office of the Chief Financial
Officer for the Office of the Secretary;
and
(4) The Office of Credit Oversight and
Risk Management.
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(f) Office of the Assistant Secretary for
Governmental Affairs. This Office
contains the following functional areas:
Congressional Affairs and
Intergovernmental Affairs; and includes
a Deputy Assistant Secretary for Tribal
Government Affairs.
(g) Office of the Assistant Secretary
for Administration. This Office is
composed of:
(1) The Office of Audit Relations;
(2) The Office of Human Resource
Management;
(3) The Office of Hearings;
(4) The Office of Security;
(5) The Office of the Senior
Procurement Executive;
(6) The Office of Financial
Management and Transit Benefit
Programs; and
(7) The Office of Facilities,
Information and Asset Management.
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§ 1.17
OST line of secretarial succession.
(a) The following officials, in the
order indicated, shall act as Secretary of
Transportation, in case of the absence or
disability of the Secretary, until the
absence or disability ceases, or in the
case of a vacancy, until a successor is
appointed. Notwithstanding the
provisions of this section, the President
retains discretion, to the extent
permitted by the law, to depart from this
order in designating an acting Secretary
of Transportation.
(1) Deputy Secretary.
(2) Under Secretary of Transportation
for Policy.
(3) General Counsel.
(4) Chief Financial Officer and
Assistant Secretary for Budget and
Programs.
(5) Assistant Secretary for
Transportation Policy.
(6) Assistant Secretary for
Governmental Affairs.
(7) Assistant Secretary for Aviation
and International Affairs.
(8) Assistant Secretary for
Administration.
(9) Administrator of the Federal
Highway Administration.
(10) Administrator of the Federal
Aviation Administration.
(11) Administrator of the Federal
Motor Carrier Safety Administration.
(12) Administrator of the Federal
Railroad Administration.
(13) Administrator of the Federal
Transit Administration.
(14) Administrator of the Maritime
Administration.
(15) Administrator of the Pipeline and
Hazardous Materials Safety
Administration.
(16) Administrator of the National
Highway Traffic Safety Administration.
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(17) Administrator of the Research
and Innovative Technology
Administration.
(18) Administrator of the Saint
Lawrence Seaway Development
Corporation.
(19) Regional Administrator, Southern
Region, Federal Aviation
Administration.
(20) Director, Resource Center,
Lakewood, Colorado, Federal Highway
Administration.
(21) Regional Administrator,
Northwest Mountain Region, Federal
Aviation Administration.
(b) Without regard to the foregoing, a
person directed to perform the duties of
the Secretary pursuant to 5 U.S.C. 3347
(the Vacancies Act) shall act as
Secretary of Transportation.
OST Officials
§ 1.20
Secretary of Transportation.
The Secretary is the head of the
Department. The Secretary exercises
oversight of all of the OST components,
as well as each of the Operating
Administrations, and overall planning,
direction, and control of the
Department’s agenda.
§ 1.21 Reservations of Authority to the
Secretary of Transportation.
(a) All powers and duties that are not
delegated by the Secretary in this part,
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) The delegations of authority in
subpart C (Office of the Inspector
General) and subpart D (Operating
Administrations) of this part do not
extend to the following actions,
authority for which is reserved to the
Secretary or the Secretary’s delegatee
within the Office of the Secretary:
(1) General transportation matters.
(i) Transportation leadership
authority pursuant to 49 U.S.C. 301
(Duties of the Secretary of
Transportation: Leadership,
consultation, and cooperation).
(ii) Functions relating to
transportation activities, plans, and
programs under 49 U.S.C. 304 (Joint
activities with the Secretary of Housing
and Urban Development).
(iii) Authority to develop, prepare,
coordinate, transmit, and revise
transportation investment standards and
criteria under 49 U.S.C. 305
(Transportation investment standards
and criteria).
(iv) Authority relating to standard
time zones and advanced (daylight) time
(15 U.S.C. 260 et seq.).
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(2) Legislation, rulemakings, and
reports. (i) Submission to the President,
the Director of the Office of
Management and Budget, or Congress of
proposals or recommendations for
legislation, significant rulemakings and
related documents as authorized by law,
Executive Orders, proclamations or
reorganization plans, or other
Presidential action.
(ii) Submission to the President or
Congress of any report or any proposed
transportation policy or investment
standards or criteria, except with the
prior written approval of the Secretary.
(iii) Submission of the annual
statement on systems of internal
accounting and administrative control
under the Federal Managers’ Financial
Integrity Act of 1982 (FMFIA) (31 U.S.C.
3512 note).
(3) Budget and finance. (i) 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. 1108).
(ii) Approval of requests for
legislation which, if enacted, would
authorize subsequent appropriations for
the Department (31 U.S.C. 581b).
(iii) Transfer of the balance of an
appropriation from one operating
element to another within the
Department (31 U.S.C. 581c).
(iv) 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).
(4) Personnel. (i) Recommendations to
the Office of Personnel Management
regarding the allocation of a position to
the Senior Executive Service (SES) or
Senior Level (SL), or Scientific and
Professional Positions (ST) (5 U.S.C.
5108).
(ii) Recommendations to the Office of
Personnel Management of approval of
the qualifications of any candidate for a
position in the SES or SL.
(iii) Recommendations to the Office of
Personnel Management of a Lump-Sum
Incentive Award in Excess of $10,000 (5
U.S.C. 4502).
(iv) Approval of the following actions
relating to Schedules A, B, C, or D (5
CFR part 213) 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:
(A) Establishment or abolition of
positions;
(B) Hires;
(C) Promotions other than quality and
periodic within-grade promotions;
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(D) Transfer of personnel to Schedule
A, B, C, or D positions or non-career
executive assignment positions, either
permanently or on detail; and
(E) Transfer of personnel from
Schedule A, B, C, or D or non-career
executive assignment positions to career
Civil Service positions.
(v) Approval of employment of
experts or consultants.
(vi) Authority to determine the
maximum limit of age for appointment
of air traffic controllers as provided by
5 U.S.C. 3307(b).
(vii) Authority to develop, coordinate,
and issue wage schedules under the
Federal Wage system.
(5) Security. (i) 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) as amended and Executive
Order 12968 as amended by Executive
Order 13467.
(ii) Requesting Presidential approval
of a claim of executive privilege with
respect to information requested by a
Congressional committee or Member of
Congress.
(iii) Making determinations
prescribed by Executive Order 12968 as
amended by Executive Order 13467 and
32 CFR part 147 relating to the
adjudication and final denial of access
to classified information to industry
personnel.
(iv) Making those determinations or
delegations prescribed by Executive
Order 13526 that are reserved to the
head of the Department.
(6) Procurement. Exercising the
extraordinary authority for defense
contracts provided for in Pub. L. 85–804
[(50 U.S.C. 1431–1435)].
(7) Printing. Requesting approval of
the Joint Committee on Printing for any
procurement or other action requiring
Committee approval.
(8) Interagency agreements. Executing
any written interdepartmental or
interagency agreement with the head of
another executive department or agency.
(9) 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, 158,
159, 161, and 163 which are specifically
delegated in §§ 1.85 (FHWA) and 1.95
(NHTSA).
(10) National Highway Safety
Advisory Committee. Directing the
National Highway Safety Advisory
Committee to meet (23 U.S.C. 404(c)).
(11) Maritime Subsidy Board.
Reviewing decisions, reports, orders and
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other actions of the Maritime Subsidy
Board.
(12) Cash purchases of passenger
transportation. The authority under 41
CFR 301–51.100 to authorize and
approve cash purchases for emergency
passenger transportation services
costing more than $100.
(13) Solicitation of gifts. The implied
authority to solicit gifts associated with
49 U.S.C. 326(a).
(14) Foreign travel. Approving official
travel outside of the United States.
(15) United States Merchant Marine
Academy. Pursuant to 49 U.S.C. 51303,
the authority to appoint each year
without competition as cadets at the
United States Merchant Marine
Academy not more than 40 qualified
individuals with qualities the Secretary
considers to be of special value to the
Academy.
(16) Challenges and competitions.
Approving any challenge or competition
administered by any office or Operating
Administration of the Department.
(17) Committees. Approving the
establishment, modification, extension,
or termination of all advisory
committees (including industry
advisory committees) subject to the
Federal Advisory Committee Act (Pub.
L. 92–463; 5 U.S.C. App.), and the
designation of Departmental
representatives to those committees.
(18) Credit assistance approval.
Granting final approval of applications
for credit assistance under the
Transportation Infrastructure Finance
and Innovation Act (TIFIA), 23 U.S.C.
601–609.
§ 1.22
Deputy Secretary.
Along with the Secretary, the Deputy
Secretary exercises oversight of all of
the OST components, as well as each of
the Operating Administrations, and
overall planning, direction, and control
of the Department’s agenda. The Deputy
Secretary:
(a) May exercise the authority of the
Secretary, except where specifically
limited by law, order, regulation, or
instructions of the Secretary;
(b) Serves as the Chief Operating
Officer; and
(c) Serves as the Chief Acquisition
Officer.
§ 1.23 Delegations to the 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
Departmental Budgeting and Program
Evaluation.
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(b) Serve as Chairman of the
Departmental Executive Resources
Board and its Executive Committee.
(c) Serve as the Chair of the
Department’s Safety Council.
(d) Serve as the Chair of the
Department’s Credit Council.
(e) Approve the establishment,
modification, extension, or termination
of:
(1) Department-wide (intradepartment) committees affecting more
than one program.
(2) OST-sponsored interagency
committees.
(f) Approve the designation of:
(1) Departmental representatives and
the chairman for interagency
committees sponsored by the Office of
the Secretary.
(2) Departmental members for
international committees.
(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 49 U.S.C. 24302.
(h) Approve the initiation of
regulatory action, as defined in
Executive Order 12866, by Secretarial
offices and Operating Administrations.
§ 1.24 Under Secretary of Transportation
for Policy.
The Under Secretary provides
leadership in the Department’s
development of policies and programs
to protect and enhance the safety,
adequacy, and efficiency of the
transportation system and services. The
Office of the Under Secretary serves as
the focal point within the Federal
Government for coordination of
intermodal transportation policy, which
brings together departmental intermodal
perspectives, advocates intermodal
interests, and provides secretarial
leadership and visibility on issues that
involve or affect more than one
Operating Administration.
§ 1.25 Delegations to the Under Secretary
of Transportation for Policy.
The Under Secretary is delegated the
following authorities:
(a) Lead the development of
transportation policy and serve as the
principal adviser to the Secretary on all
transportation policy matters.
(b) Establish policy and ensure
uniform departmental implementation
of the National Environmental Policy
Act of 1969, Pub. L. 91–190, as amended
(42 U.S.C. 4321–4347) within the
Department of Transportation.
(c) Oversee the implementation of 49
U.S.C. 303 (Policy on lands, wildlife
and waterfowl refuges, and historic
sites).
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(d) 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 and the Trade
Policy Review Group and the Trade
Policy Staff Committee.
(e) Serve as the Department’s
designated principal conservation
officer pursuant to section 656 of the
Department of Energy Organization Act,
Pub. L. 94–91 [42 U.S.C. 7266], and
carry out the functions vested in the
Secretary by section 656 of the Act,
which pertains to planning and
implementing energy conservation
matters with the Department of Energy.
(f) Carry out the functions of the
Secretary pertaining to aircraft with
respect to Transportation Order T–1 (44
CFR chapter IV) under the Defense
Production Act of 1950, as amended,
Pub. L. 81–774, 64 Stat. 798 [50 U.S.C.
App. 2061 et seq.] and Executive Order
10480, as amended (see also Executive
Order 10773 and 12919).
(g) Serve as Department of
Transportation member of the
Interagency Group on International
Aviation, and pursuant to Executive
Order 11382, as amended, serve as Chair
of the Group.
(h) 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), as amended, and
Executive Order 12188, as amended.
(i) As supplemented by 14 CFR part
385, and except as provided in §§ 1.99(j)
(RITA), and 1.27 (General Counsel) of
this part, carry out the functions
transferred to the Department from the
Civil Aeronautics Board and other
related functions and authority vested
in the Secretary under the following:
(1) Sections 40103(a)(2) (relating to
the consultation with the Architectural
and Transportation Barriers Compliance
Board before prescribing regulations or
procedures that will have a significant
impact on accessibility of commercial
airports for handicapped individuals),
and (c) (relating to foreign aircrafts);
40105 (relating to international
negotiations, agreements, and
obligations); 40109(a), (c), (g), 46301(b)
(smoke alarm penalty), (d), (f), (g)
(relating to the authority to exempt
certain air carriers) and (h); 40113(a)
and (c); 40114(a) (relating to reports and
records); 40115 (relating to the
withholding of information from public
disclosure) of Chapter 401 of 49 U.S.C.;
and 40116 (relating to the Anti-Head
Tax Act);
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(2) The following chapters of title 49,
U.S.C., except as related to departmental
regulation of airline consumer
protection and civil rights which is
delegated to the General Counsel at
§ 1.27:
(i) Chapter 411 of title 49, U.S.C.,
relating to air carrier certification;
(ii) Chapter 413 of title 49, U.S.C.,
relating to foreign air transportation;
(iii) Chapter 415 of title 49, U.S.C.,
relating to pricing;
(iv) Chapter 417 of title 49, U.S.C.,
relating to the operations of air carriers,
except sections 41721–41723;
(v) Chapter 419 of title 49, U.S.C. and
39 U.S.C. 5402, relating to the
transportation of mail; and
(vi) Section 42303 of 49 U.S.C.,
relating to the management of the Web
site regarding the use of insecticides in
passenger aircraft.
(3) Section 42111 of title 49, U.S.C.
with respect to mutual aid agreements
as it relates to foreign air transportation;
(4) Chapters 461 and 463 of title 49,
U.S.C., relating to aviation
investigations, proceedings, and
penalties under Part A of Subtitle VII of
title 49, U.S.C. except for those sections
delegated to the General Counsel under
§ 1.27, and to the Federal Aviation
Administrator under § 1.83;
(5) Chapter 473 of title 49, U.S.C.,
relating to international airport
facilities.
(6) Section 11 of the Clayton Act, Pub.
L. 63–212 [15 U.S.C. 21], relating to air
carriers and foreign air carriers.
(7) Section 3 of An Act to Encourage
Travel in the United States, and for
other purposes, Pub. L. 76–755, 54 Stat.
773 [16 U.S.C. 18b].
(8) Sections 108(a)(4), 621(b)(5),
704(a)(5), and 814(b)(5) of the Consumer
Credit Protection Act, Pub. L. 90–321
[15 U.S.C. 1607(a)(4), 1681s(b)(5),
1691c(a)(5), and 1692l(b)(5)].
(j) Carry out the functions vested in
the Secretary by 49 U.S.C. 44907(b)(1),
(c), and (e) related to the security of
foreign airports in coordination with the
General Counsel, the Federal Aviation
Administrator, and the Assistant
Secretary for Administration.
(k) Carry out section 101(a)(2) of the
Air Transportation Safety and System
Stabilization Act, Pub. L. 107–42 [49
U.S.C. 40101 note], as delegated to the
Secretary of Transportation by the
President pursuant to the Presidential
Memorandum dated September 25,
2001, 3 CFR, 2001 Comp., p. 911.
(l) Exercise the authority vested in the
Secretary by section 11143 of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users, Pub. L. 109–59, 119 Stat. 1144
(SAFETEA–LU), to manage the day-to-
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19823
day activities associated with
implementation of section 11143
regarding private activity bonds and taxexempt financing of highway projects
and rail-truck facilities.
(m) In coordination with the General
Counsel, carry out the duties of the
Secretary under Executive Orders 12866
and 13563 to establish the values of
time and statistical life in connection
with assessing the costs and benefits of
Departmental regulatory action.
(n) Carry out the functions vested in
the Secretary by 49 U.S.C. 47129,
relating to resolution of disputes over
the reasonableness of fees imposed
upon air carriers.
(o) Carry out the functions and
exercise the authority vested in the
Secretary by 23 U.S.C. 167(f) (National
Freight Strategic Plan).
§ 1.25a Redelegations by the Under
Secretary of Transportation for Policy.
(a) The Assistant Secretary for
Transportation Policy is redelegated
authority to:
(1)(i) Redelegate and authorize
successive redelegation of authority
granted in this paragraph (a) to officials
within the Office of the Assistant
Secretary for Transportation Policy,
except as limited by law or specific
administrative reservation.
(ii) Publish, in appendix A of this
part, redelegations made under
paragraph (a)(1)(i) of this section.
(2) Establish policy and maintain
oversight of implementation of the
National Environmental Policy Act of
1969, Pub. L. 91–190, as amended (42
U.S.C. 4321–4347) within the
Department of Transportation.
(3) Oversee the implementation of 49
U.S.C. 303 (Policy on lands, wildlife
and waterfowl refuges, and historic
sites).
(4) 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 and the Trade
Policy Review Group and the Trade
Policy Staff Committee.
(5) Serve as the Department’s
designated principal conservation
officer pursuant to section 656 of the
Department of Energy Organization Act,
Pub. L. 94–91 [ 42 U.S.C. 7266], and
carry out the functions vested in the
Secretary by section 656 of the Act,
which pertains to planning and
implementing energy conservation
matters with the Department of Energy.
(6) Carry out the functions of section
42303 of 49 U.S.C., relating to the
management of the Web site regarding
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the use of insecticides in passenger
aircraft.
(7) In coordination with the General
Counsel, carry out the duties of the
Secretary under Executive Orders 12866
and 13563 to establish the value of
statistical life in connection with
assessing the costs and benefits of
Departmental regulatory action.
(8) Carry out the duties of the
Secretary under Executive Orders 12866
and 13563 to establish the value of time
in connection with assessing the costs
and benefits of Departmental regulatory
action.
(b) The Assistant Secretary for
Aviation and International Affairs is
redelegated authority to:
(1)(i) Redelegate and authorize
successive redelegation of authority
granted in this paragraph (b) to officials
within the Office of the Assistant
Secretary for Aviation and International
Affairs, except as limited by law or
specific administrative reservation.
(ii) Publish, in appendix A of this
part, redelegations made under
paragraph (b)(1)(i) of this section.
(2) Carry out the functions of the
Secretary pertaining to aircraft with
respect to Transportation Order T–1 (44
CFR chapter IV) under the Defense
Production Act of 1950, as amended,
Pub. L. 81–774, 64 Stat. 798 [50 U.S.C.
App. 2061 et seq.] and Executive Order
10480, as amended (see also Executive
Order 10773 and 12919).
(3) Serve as Department of
Transportation member of the
Interagency Group on International
Aviation, and pursuant to Executive
Order 11382, serve as Chair of the
Group.
(4) 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), as amended, and
Executive Order 12188.
(5) Represent the Department of
Transportation at the Trade Policy
Committee Review Group and the Trade
Policy Staff Committee, which were
established at 15 CFR part 2002 as
subordinate bodies of the Trade Policy
Committee.
(6) As supplemented by 14 CFR part
385, and except as provided in §§ 1.99
(RITA), and 1.27 (General Counsel),
carry out the functions transferred to the
Department from the Civil Aeronautics
Board and other related functions and
authority vested in the Secretary under
the following provisions of Title 49,
U.S.C.:
(i) Sections 40103(a)(2) (relating to the
consultation with the Architectural and
Transportation Barriers Compliance
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Board before prescribing regulations or
procedures that will have a significant
impact on accessibility of commercial
airports for handicapped individuals),
and (c) (relating to foreign aircrafts);
40105 (relating to international
negotiations, agreements, and
obligations); 40109(a), (c), (g), 46301(b)
(smoke alarm penalty), (d), (f), (g)
(relating to the authority to exempt
certain air carriers) and (h); 40113(a)
and (c); 40114(a) (relating to reports and
records); 40115 (relating to the
withholding of information from public
disclosure; and 40116 (relating to the
Anti-Head Tax Act);
(ii) The following chapters of title 49,
U.S.C., except as related to departmental
regulation of airline consumer
protection and civil rights which is
delegated to the General Counsel at
§ 1.27:
(A) Chapter 411, relating to air carrier
certification;
(B) Chapter 413, relating to foreign air
transportation;
(C) Chapter 415, relating to pricing;
(D) Chapter 417, relating to the
operations of air carriers, except section
41721–41723;
(E) Chapter 419, and 39 U.S.C. 5402,
relating to the transportation of mail;
(iii) Section 42111 of title 49, U.S.C.
with respect to mutual aid agreements
as it relates to foreign air transportation;
(iv) Chapters 461 and 463 of title 49,
U.S.C., relating to aviation
investigations, proceedings, and
penalties under Part A of 49 U.S.C.
Subtitle VII except for those sections
delegated to the General Counsel under
§ 1.27, and to the Federal Aviation
Administrator under § 1.83;
(v) Chapter 473 of title 49, U.S.C.,
relating to international airport
facilities.
(vi) Section 11 of the Clayton Act,
Pub. L. 63–212 [15 U.S.C. 21], relating
to air carriers and foreign air carriers.
(vii) Section 3 of An Act to Encourage
Travel in the United States, and for
other purposes, Pub. L. 76–755, 54 Stat.
773 [16 U.S.C. 18b].
(viii) Sections 108(a)(4), 621(b)(5),
704(a)(5), and 814(b)(5) of the Consumer
Credit Protection Act, Pub. L. 90–321
[15 U.S.C. 1607(a)(4), 1681s(b)(5),
1691c(a)(5), and 1692l(b)(5)].
(7) Carry out the functions vested in
the Secretary by 49 U.S.C. 44907(b)(1),
(c), and (e) related to the security of
foreign airports in coordination with the
General Counsel, the Federal Aviation
Administrator, and the Assistant
Secretary for Administration.
(8) Carry out section 101(a)(2) of the
Air Transportation Safety and System
Stabilization Act, Pub. L. 107–42 [49
U.S.C. 40101 note], as delegated to the
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Secretary of Transportation by the
President pursuant to the Presidential
Memorandum dated September 25,
2001, 3 CFR, 2001 Comp., p. 911.
(9) Carry out the functions vested in
the Secretary by 49 U.S.C. 47129,
relating to resolution of disputes over
the reasonableness of fees imposed
upon air carriers.
§ 1.26
General Counsel.
The General Counsel is the chief legal
officer of the Department, legal advisor
to the Secretary, and final authority
within the Department on questions of
law. The Office of the General Counsel
provides legal advice to the Secretary
and secretarial offices, and supervision,
coordination, and review of the legal
work of the Chief Counsel Offices in the
Department. The General Counsel
participates with each Operating
Administrator in the performance
reviews of Chief Counsel. The General
Counsel is responsible for retention of
outside counsel, and for the approval of
the hiring and promotion of
departmental attorneys (other than in
the Federal Aviation Administration).
The General Counsel is also responsible
for departmental regulation under
statutes including the Air Carrier Access
Act, statutes prohibiting unfair and
deceptive practices in air transportation,
the Americans with Disabilities Act, the
Disadvantaged Business Enterprise
program, and the Uniform Time Act.
The General Counsel coordinates all
international legal matters, and
departmental participation in
proceedings before other federal and
state agencies. The General Counsel
provides oversight of departmental
litigation, regulation, legislation,
Freedom of Information Act
compliance, and administrative
enforcement.
§ 1.27
Delegations to the General Counsel.
The General Counsel is delegated
authority to:
(a) Conduct all rulemaking
proceedings under the Americans with
Disabilities Act, the Disadvantaged
Business Enterprise program, and the
Uniform Time Act, as amended (15
U.S.C. 260 et seq.).
(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 (49 CFR 71.1).
(c) Issue regulations making editorial
changes or corrections to the regulations
of the Office of the Secretary.
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(d) Grant permission, under specific
circumstances, to deviate from a policy
or procedure prescribed by the
regulations of the Office of the Secretary
(49 CFR part 9) with respect to the
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.
(e) Respond to petitions for
rulemaking or petitions for exemptions
in accordance with 49 CFR 5.13(c)
(Processing of petitions), and notify
petitioners of decisions in accordance
with 49 CFR 5.13(d).
(f) Provide counsel to employees on
questions of conflict of interest covered
by departmental regulations on
employee responsibility and conduct.
(g) Coordinate the issuance of
proposed Executive Orders and
proclamations for transmittal to the
Office of Management and Budget for
action by the White House.
(h) Except with respect to proceedings
relating to safety fitness of an applicant
(49 U.S.C. 307), decide on requests to
intervene or appear before courts (with
the consent of the Department of Justice)
or agencies to present the views of the
Department, subject to the concurrence
of the Secretary.
(i) 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. (See also Appendix 1
relating to delegations to Operating
Administration Chief Counsel).
(j) Exercise the Secretary’s authority
under 28 U.S.C. 2672 and 28 CFR part
14, related to the administrative
disposition of federal tort claims, for
claims involving the Office of the
Secretary.
(k) Compromise, suspend collection
action on, or terminate claims of the
United States that are referred to, or
arise out of the activities of the Office
of the Secretary of Transportation.
(l) Conduct coordination with foreign
governments under section 118 of the
Deep Seabed Hard Mineral Resources
Act (30 U.S.C. 1428).
(m) Exercise review authority under
49 U.S.C. 41307 (related actions about
foreign air transportation) delegated to
the Secretary by the President in
Executive Order 12597.
(n) Assist and protect consumers in
their dealings with the air transportation
industry and conduct all departmental
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regulation of airline consumer
protection and civil rights pursuant to
chapters 401 (General Provisions), 411
(Air Carrier Certificates), 413 (Foreign
Air Transportation), 417 (Operations of
Carriers), and 423 (Passenger Air
Service Improvements) of title 49 U.S.C.
(o) Carry out the functions vested in
the Secretary by 49 U.S.C. 40119(b)
(Security and research and development
activities), as implemented by 49 CFR
part 15 (Protection of Sensitive Security
Information), in consultation and
coordination with the Office of
Intelligence, Security and Emergency
Response.
(p) Appear on behalf of the
Department on the record in hearing
cases, and 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
§§ 1.25 and 1.25a (delegations to and
redelegations by the Under Secretary),
and 1.99 (RITA). This includes the
authority to compromise penalties
under 49 U.S.C. 46301 (civil penalties);
to issue appropriate orders, including
cease and desist orders, under 49 U.S.C.
46101 (complaints and investigations);
and to require the production of
information, under 49 U.S.C. 41708,
enter carrier property and inspect
records, under 49 U.S.C. 41709, and
inquire into the management of the
business of a carrier under 49 U.S.C.
41711 (Air carrier management inquiry
and cooperation with other authorities),
as appropriate to the enforcement
responsibilities. In the event that such
an enforcement matter comes before the
Secretary of Transportation for
adjudication, the Deputy General
Counsel shall advise the Secretary.
(q) 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
(Pub. L. 98–443) [15 U.S.C. 1607(a)(4),
1681s(b)(5), 1691c(a)(5) and 1692l(b)(5)].
(r) Administer 5 U.S.C. 552 (FOIA)
and 49 CFR part 7 (Public Availability
of Information) in connection with the
records of the Office of the Secretary
and issue procedures to ensure uniform
departmental implementation of statutes
and regulations regarding public access
to records.
(s) Prepare reports by carriers on
incidents involving animals during air
transport pursuant to 49 U.S.C. 41721.
(t) Exercise authority vested in the
Secretary by the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub.
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19825
L. 101–410, 104 Stat. 890), as amended
by the Debt Collection Improvement Act
of 1996 (Pub. L. 104–134, 110 Stat.
1321), to promulgate rules that adjust
civil penalties with respect to aviation
enforcement.
(u) In coordination with the Under
Secretary, to carry out the duties of the
Secretary under Executive Orders 12866
and 13563 to establish the value of
statistical life in connection with
assessing the costs and benefits of
Departmental regulatory action.
(v) Approve the initiation of
regulatory action, as defined in
Executive Order 12866, by Secretarial
offices and Operating Administrations
in the event that the Deputy Secretary
is absent or otherwise unavailable to
exercise such authority (see § 1.23(h)).
(w) Approve requests to reclassify
rulemakings as non-significant under
DOT procedures.
§ 1.27a Delegations to the Career Deputy
General Counsel.
The career Deputy General Counsel is
delegated authority to:
(a) Serve as the Department’s
Designated Agency Ethics Official in
accordance with 5 CFR 2638.202;
(b) Serve as the Department’s Dispute
Resolution Specialist pursuant to
section 3(b) of the Alternative Dispute
Resolution Act of 1996, Pub. L. 104–
320, 5 U.S.C. App.; and
(c) Serve as the Department’s Chief
FOIA Officer under 5 U.S.C. 552(j).
§ 1.27b Delegations to the Assistant
General Counsel for General Law.
The Assistant General Counsel for
General Law is delegated authority to
serve as the Department’s Alternate
Agency Ethics Official in accordance
with 5 CFR 2638.202.
§ 1.30
Assistant Secretaries.
(a) In performing their functions, the
Assistant Secretaries are responsible for
continuing liaison and coordination
among themselves and with the
Operating Administrations to:
(1) Avoid unnecessary duplication of
effort by or in conflict with the
performance of similar activities by the
Operating Administrations and the
other Assistant Secretaries pursuant to
their Secretarial delegations of authority
or other legal authorities; and
(2) Assure that the views of the
Operating Administrations are
considered in developing departmental
policies, plans, and proposals. The
Assistant Secretaries are also available
to assist, as appropriate, the Operating
Administrations in implementing
departmental policy and programs. As
primary staff advisors to the Secretary,
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the Assistant Secretaries are concerned
with transportation matters of the
broadest scope, including modal,
intermodal, and other matters of
Secretarial interest.
(b) There are exceptions to the normal
staff role described in paragraph (a) of
this section. In selected instances, the
Secretary has specifically delegated to
Assistant Secretaries authority which
they may exercise on the Secretary’s
behalf.
§ 1.31 Assistant Secretary for
Transportation Policy.
The Assistant Secretary for
Transportation Policy provides policy
advice to the Secretary, the Deputy
Secretary, and the Under Secretary. The
Office of the Assistant Secretary for
Transportation Policy is responsible for:
Public policy development,
coordination, and evaluation for all
aspects of transportation, except in the
areas of aviation and international
affairs, with the goal of making the
Nation’s transportation resources
function as an integrated national
system; evaluation of private
transportation sector operating and
economic issues; evaluation of public
transportation sector operating and
economic issues; regulatory and
legislative initiatives and review;
energy, environmental, disability, and
safety policy and program development
and review; and transportation
infrastructure assessment and review.
For delegations to the Assistant
Secretary for Transportation Policy, see
§ 1.25a(a).
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§ 1.32 Assistant Secretary for Aviation and
International Affairs.
The Office of the Assistant Secretary
for Aviation and International Affairs is
responsible for policy development,
coordination, and evaluation of issues
involving aviation, as well as
international issues involving all areas
of transportation; private sector
evaluation; international transportation
and transport-related trade policy and
issues; regulatory and legislative
initiatives and review of maritime/
shipbuilding policies and programs;
transport-related trade promotion;
coordination of land transport relations
with Canada and Mexico; economic
regulation of the airline industry while
placing maximum reliance on market
forces and on actual and potential
competition; the essential air service
program and other rural air service
programs; and, in coordination with the
FAA, promotion of the aerospace
industry. For delegations to the
Assistant Secretary for Aviation and
International Affairs, see § 1.25a(b).
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§ 1.33 Chief Financial Officer and
Assistant Secretary for Budget and
Programs.
§ 1.34 Delegations to the Chief Financial
Officer and Assistant Secretary for Budget
and Programs.
(a) The Chief Financial Officer (CFO)
is the principal budget and financial
advisor to the Secretary and serves as
Assistant Secretary for Budget and
Programs. The CFO and Assistant
Secretary for Budget and Programs
provides oversight and policy guidance
for all budget, financial management,
program performance, and internal
control activities of the Department and
its Operating Administrations.
(b) The CFO and Assistant Secretary
for Budget and Programs concurs in the
appointment and promotion of Chief
Financial Officers, Budget Officers, and
Directors of Finance of the Department
and its Operating Administrations, and
participates with each Administrator in
the performance reviews of Chief
Financial Officers, Budget Officers, and
Directors of Finance in each of the
Operating Administrations.
(c) The CFO and Assistant Secretary
for Budget and Programs, in
consultation with the Chief Information
Officer, may designate any information
technology system as a financial
management system under the CFO’s
policy and oversight area of
responsibility.
(d) The CFO and Assistant Secretary
for Budget and Programs serves as the
Vice Chair of the Department’s Credit
Council. The Office of the Assistant
Secretary supports the Department’s
Credit Council by analyzing
applications for the Department’s
various credit programs. The CFO also
oversees the TIFIA program and the
TIFIA Joint Program Office on behalf of
the Secretary, including the evaluation
of individual projects, and provides
overall policy direction and program
decisions for the TIFIA program.
(e) The CFO and Assistant Secretary
for Budget and Programs is responsible
for preparation, review, and
presentation of Department budget
estimates; liaison with the Office of
Management and Budget and
Congressional Budget and
Appropriations Committees; preparation
of the Department’s annual financial
statements; departmental financial
plans, apportionments,
reapportionments, reprogrammings, and
allotments; program and systems
evaluation and analysis; program
evaluation criteria; program resource
plans; analysis and review of legislative
proposals and one-time reports and
studies required by Congress; and
budget and financial management
relating to the Office of the Secretary.
The Chief Financial Officer and
Assistant Secretary for Budget and
Programs is delegated authority to:
(a) Serve as the Department’s Chief
Financial Officer pursuant to 31 U.S.C.
901 (Establishment of Agency Chief
Financial Officers).
(b) Exercise day-to-day operating
management responsibility over the
Office of Budget and Program
Performance, the Office of the OST
Chief Financial Officer, the Office of
Financial Management, and the Office
of Credit Oversight and Risk
Management.
(c) Direct and manage the
Departmental planning, evaluation,
budget, financial management, and
internal control activities.
(d) Exercise oversight and provide
exclusive policy guidance to the
Enterprise Services Center (ESC)
regarding all financial management
activities conducted by ESC and
financial systems operated by ESC. This
authority includes concurrence with
any organizational changes within the
Federal Aviation Administration that
may affect financial management
operations of the ESC.
(e) 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.
(f) Issue allotments or allocations of
funds to components of the Department.
(g) 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.
(h) Issue monetary authorizations for
use of reception and representation
funds.
(i) Except as otherwise delegated,
establish or operate or both, any special
funds that are required by statute or
administrative determination.
(j) Exercise the Secretary’s authority
under 31 U.S.C. 3711 to collect,
compromise, suspend collection action
on, or terminate claims of the United
States which are referred to, or arise out
of the activities of, the Office of the
Secretary (excluding claims pertaining
to the Working Capital Fund), subject to
the limits on that authority imposed by
31 U.S.C. 3711 and the Federal Claims
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Collection Standards, 31 CFR chapter
IX.
(k) Exercise the Secretary’s authority
under the Improper Payments
Elimination and Recovery Act of 2010
(Pub. L. 111–204) (33 U.S.C. 3301 note).
(l) Exercise the Secretary’s authority
under the Improper Payments
Information Act of 2002 (Pub. L. 107–
300) (31 U.S.C. 3321 note).
(m) Exercise the Secretary’s authority
under the Recovery Auditing Act
(Section 831, Defense Authorization Act
for FY 2002 (Pub. L. 107–107)).
(n) Exercise the Secretary’s authority
under the Federal Financial
Management Improvement Act of 1996
(31 U.S.C. 3512 note).
(o) Exercise the Secretary’s authority
under Federal Managers’ Financial
Integrity Act of 1982 (FMFIA) (31 U.S.C.
3512 note).
(p) Exercise the Secretary’s authority
under the Accounting and Auditing Act
of 1950 (31 U.S.C. 3512), as amended by
FMFIA.
(q) Exercise the Secretary’s authority
under the Government Performance and
Results Act (GPRA) (Pub. L. 103–623).
(r) Exercise the Secretary’s authority
under the Accountability of Tax Dollars
Act of 2002, 31 U.S.C. 3515.
(s) Exercise the Secretary’s authority
under the Government Management
Reform Act of 1994 (GMRA) (Pub. L.
103–356).
(t) Exercise the Secretary’s authority
under 5 U.S.C. 5584 and the OMB
memorandum, ‘‘Determination with
Respect to Transfer of Functions
Pursuant to Public Law 104–316’’
(December 17, 1996) to waive claims of
the United States arising out of an
erroneous payment to an employee of
pay or allowances, or travel,
transportation, or relocation expenses
and allowances, and deny requests for
waiver of such claims.
(u) Serve as the Department’s
Performance Improvement Officer under
31 U.S.C. 1124.
Administrations. The Assistant
Secretary participates with each
Administrator in the performance
reviews of the Operating
Administrations’ Directors of
Governmental Affairs. The Assistant
Secretary supervises the Deputy
Assistant Secretary for Tribal
Government Affairs who plans and
coordinates the Department’s policies
and programs with respect to Indian
tribes and tribal organizations.
§ 1.36 Delegations to the Assistant
Secretary for Governmental Affairs.
The Assistant Secretary for
Governmental Affairs is delegated
authority to:
(a) Establish procedures for
responding to Congressional
correspondence; and
(b) Supervise the Deputy Assistant
Secretary for Tribal Government Affairs.
§ 1.37 Assistant Secretary for
Administration.
The Assistant Secretary for
Administration is the principal advisor
to the Secretary and Deputy Secretary
on Department-wide administrative
matters. The Assistant Secretary for
Administration serves as the Designated
Agency Safety and Health Official. The
Office of the Assistant Secretary for
Administration’s responsibilities
include: Strategic management of
human capital; monitoring the progress
of departmental offices related to
sustainability goals; controls and
standards to ensure that procurement
and financial assistance programs are in
accord with good business practice;
follow-up and resolution of Government
Accountability Office and Inspector
General audit reviews; information
resource management; property
management information; facilities; and
security. The Assistant Secretary for
Administration is responsible for
recommending performance objectives
for the Operating Administrations’
Directors of Human Resources.
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§ 1.35 Assistant Secretary for
Governmental Affairs.
§ 1.38 Delegations to the Assistant
Secretary for Administration.
The Assistant Secretary for
Governmental Affairs serves as the
Department’s primary point of contact
for Congressional offices, as well as
State and locally elected officials; works
with other departmental offices to
ensure that Congressional mandates are
fully implemented by the Department;
and works with the White House, other
Federal agencies, and Congress to fulfill
the Department’s legislative priorities.
The Assistant Secretary coordinates
congressional and intergovernmental
activities with governmental affairs
offices in the Operating
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 or an Operating
Administration, if requested under an
agreement with that Operating
Administration.
(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.
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(3) Except as delegated to the National
Highway Traffic Safety Administrator
by § 1.95, carry out the functions vested
in the Secretary by section 3 of
Executive Order 11912 (‘‘Delegation of
Authorities Relating to Energy Policy
and Conservation’’), as amended.
(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.
(5) Carry out the duties and
responsibilities of agency head for
departmental procurement within the
meaning of the Federal Acquisition
Regulation. This authority as agency
head for departmental procurement
excludes duties, responsibilities, and
powers expressly reserved for the
Secretary of Transportation.
(6) Serve as Deputy Chief Acquisition
Officer.
(7) Provide departmental guidance on
grants, cooperative agreements, and
other financial assistance transactions,
but not including loans, loan
guarantees, interest subsidies, or
insurance.
(8) Issue departmental procurement
regulations, subject to coordination with
the General Counsel and interested
Operating Administrations. In
commenting upon proposed provisions
for the procurement regulations, the
Operating Administrations will indicate
the nature and purpose of any
additional implementing or
supplementing policy guidance which
they propose to issue at the Operating
Administration level.
(b) Personnel. (1) Conduct a personnel
management program for the Office of
the Secretary of Transportation, with
authority to take, direct others to take,
recommend or approve any personnel
action with respect to such authority.
(2) Serve as Vice Chair of the
Departmental Executive Resources
Board.
(3) Exercise emergency authority to
hire without the prior approval of the
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 verify the essentiality of
the position.
(5) Approve employment of experts
and consultants in accordance with 5
U.S.C. 3109.
(6) Provide policy and overall
direction in the execution of the DOT
Labor-Management Relations Program.
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(7) Develop and operate the Federal
Employee Workplace Drug and Alcohol
Testing Program in accordance with
Executive Order 12564 and The
Omnibus Transportation Employee
Testing Act of 1991, Public Law 102–
143, Title V.
(8) Serve as the Chief Human Capital
Officer:
(i) Oversee, direct, and execute all
authorities included in the Chief Human
Capital Officers Act of 2002 (5 U.S.C.
1401 et seq.); and
(ii) Advise the Secretary on the
Department’s human capital needs and
obligations, and implement all related
rules and regulations of the President
and the Office of Personnel
Management, and all laws governing
human resource management.
(9) Serve as the Telework Managing
Officer under 5 U.S.C. 6505.
(c) Sustainability. (1) Responsible for
ensuring that the Department meets its
sustainability goals pursuant to the
Energy Independence and Security Act
(EISA) of 2007 (Pub. L. 110–140); the
Energy Policy Act of 2005 (Pub. L. 109–
58); and Executive Order 13693
(‘‘Planning for Federal Sustainability in
the Next Decade’’).
(2) Serve as the Chief Sustainability
Officer under Executive Order 13693.
(d) Finance. (1) Settle and pay claims
by employees of the Office of the
Secretary for personal property losses as
provided by 31 U.S.C. 3721.
(2) Oversee the Working Capital Fund
for the Office of the Secretary,
established by 49 U.S.C. 327.
(3) Exercise the Secretary’s authority
under 31 U.S.C. 3711 to collect,
compromise, suspend collection action
on, or terminate claims of the United
States which are referred to, or arise out
of the activities of the Working Capital
Fund, subject to the limits on that
authority imposed by 31 U.S.C. 3711
and the Federal Claims Collection
Standards, 31 CFR chapter IX.
(e) Security. (1) Serves as the agency
representative appointed by the
Secretary of Transportation to
participate on the Interagency Security
Committee in accordance with
Executive Order 12977, to establish
policies for the security in and
protection of Federal facilities.
(2) Represents the department on the
White House Communications Agency
Principal Communications Working
Group and the Department of State
Overseas Security Policy Board.
(3) Conducts an internal security
management program for the
Department of Transportation with
authority to take, direct others to take,
recommend, or approve security actions
with respect to such authorities related
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to personnel security, physical security,
technical security, and classified and
sensitive information management.
(4) Issues identification media as
directed by Homeland Security
Presidential Directive 12, ‘‘Policy for
Common Identification Standard for
Federal Employees and Contractors’’
and other identification media
(including credentials, passports and
visas) by direction of the Secretary.
(5) Manages the Department’s
classified information program as
directed by Executive Order 13526
(‘‘Classified National Security
Information’’).
(6) Takes certain classified actions on
behalf of the Department in connection
with technical counter-surveillance
programs as required by Executive
Order 13526 (‘‘Classified National
Security Information’’).
(7) In conjunction with the Office of
Security, Intelligence and Emergency
Response, and the Office of the General
Counsel, carries out the functions vested
in the Secretary by 49 U.S.C. 40119(b),
as implemented by 49 CFR part 15,
related to the protection of information
designated as Sensitive Security
Information.
(8) Ensure Department-wide
compliance with Executive Orders
12968 as amended, 13467, 13488,
13526, 13556, and related regulations
and issuances.
(f) Printing. Request approval of the
Joint Committee on Printing, Congress
of the United States, for any
procurement or other action requiring
Committee approval.
(g) Hearings. Provide logistical and
administrative support to the
Department’s Office of Hearings.
(h) Federal real property
management. Carry out the functions
assigned to the Secretary with respect to
Executive Order 13327, as amended.
(i) The Uniform Act. Carry out the
functions vested in the Secretary to
implement the Uniform Relocation
Assistance and Real Property
Acquisition Act of 1970 (Uniform Act),
42 U.S.C. Chapter 61, with respect to
programs administered by the Office of
the Secretary. The Assistant Secretary
may prescribe additional Uniform Act
guidance that is appropriate to those
particular programs, provided that such
additional guidance must be consistent
with the Uniform Act and 49 CFR part
24. The lead agency for Uniform Act
matters is the Federal Highway
Administration (see § 1.85 and 49 CFR
part 24).
(j) Designated Agency Safety and
Health Official. Serve as the Designated
Agency Safety and Health Official under
29 CFR 1960.6(a) to represent the
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interest of, and support, the
Department’s occupational safety and
health program.
(k) Senior Real Property Officer. Serve
as the Senior Real Property Officer for
the Department pursuant to Executive
Order 13327 (‘‘Federal Real Property
Asset Management’’) (as amended), and
chair the Departmental Real Property
Planning Council.
(l) Transportation fringe benefits. (1)
Oversee the Department’s transportation
fringe benefit program under 5 U.S.C.
7905 and 26 U.S.C. 132(f).
(2) Consult with and provide
guidance to other Federal agencies on
transportation fringe benefit programs
under 5 U.S.C. 7905 and 26 U.S.C.
132(f).
(3) Establish and maintain uniform
Federal Government standards for
developing and supporting Federal
agencies’ transportation fringe benefit
programs under 5 U.S.C. 7905 and 26
U.S.C. 132(f).
§ 1.38a Redelegations by the Assistant
Secretary for Administration.
(a) The Director, Office of the Senior
Procurement Executive is redelegated
the authority to:
(1) Carry out the duties and
responsibilities of agency head for
departmental procurement within the
meaning of the Federal Acquisition
Regulation except for those duties
expressly reserved for the Secretary of
Transportation.
(2) Carry out the functions of the
Chief Acquisition Officer (CAO) except
for those functions specifically reserved
for the Deputy Secretary. In carrying out
these functions and in support of
requirements under Services
Acquisition Reform Act (SARA),
enacted as part of the National Defense
Authorization Act for 2004—Public Law
108–136, the Senior Procurement
Executive (SPE) is expected to interact
directly, and without intervening
authority, with the CAO on issues
related to strategic acquisition policy,
implementation, and management. The
nature and frequency of interactions
with the CAO will be determined
mutually between the SPE and the CAO.
(3) Procure and authorize payment for
property and services for the Office of
the Secretary, with power to re-delegate
and authorize successive re-delegations.
(b) The Director of Human Resources
Management is redelegated the
authority to:
(1) Develop departmental human
capital policies and objectives, and
monitor and oversee the
implementation of those policies.
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(2) Establish departmental human
capital performance objectives and
metrics.
(3) 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.
(4) Concur in the appointment and
promotion of all Human Resources (HR)
Directors in each Operating
Administration and participate in the
performance reviews of HR Directors.
(5) Provide policy and overall
direction in the execution of the DOT
Labor-Management Relations Program.
(6) Develop and operate the Federal
Employee Workplace Drug and Alcohol
Testing Program in accordance with
Executive Order 12564 and The
Omnibus Transportation Employee
Testing Act of 1991, Public Law 102–
143, Title V.
(7) Develop, coordinate, and issue
wage schedules for Department
employees under the Federal Wage
System.
(c) The Director of Financial
Management within the Office of the
Assistant Secretary for Administration
is redelegated the authority to:
(1) Settle and pay claims by Working
Capital Fund employees for personal
property losses as provided by 31 U.S.C.
3721 if the amount of the payment does
not exceed $500.
(d) The Director, Transit Benefit
Program is redelegated the authority to:
(1) Oversee the Department’s
transportation fringe benefit program
under 5 U.S.C. 7905 and 26 U.S.C.
132(f).
(2) Consult with and provide
guidance to other Federal agencies on
transportation fringe benefit programs
under 5 U.S.C. 7905 and 26 U.S.C.
132(f).
(3) Establish and maintain uniform
Federal Government standards for
developing and supporting Federal
agencies’ transportation fringe benefit
programs under 5 U.S.C. 7905 and 26
U.S.C. 132(f).
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§ 1.39
Executive Secretariat.
The Executive Secretariat provides
organized staff services to the Secretary
and Deputy Secretary to assist them in
carrying out their management
functions and their responsibilities for
formulating, coordinating and
communicating major policy decisions.
The Office controls and coordinates
internal and external material directed
to the Secretary and Deputy Secretary
and ensures that their decisions and
instructions are implemented.
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§ 1.40
Departmental Office of Civil Rights.
The Departmental Office of Civil
Rights serves as the Department’s Equal
Employment Opportunity (EEO) Officer
and Title VI Coordinator. The Director
also serves as principal advisor to the
Secretary and the Deputy Secretary on
the civil rights and nondiscrimination
statutes, regulations, and Executive
Orders applicable to the Department,
including titles VI and VII of the Civil
Rights Act of 1964, as amended, the Age
Discrimination in Employment Act of
1967, as amended, the Age
Discrimination Act of 1975, as
amended, section 504 of the
Rehabilitation Act of 1973, as amended,
the Americans with Disabilities Act of
1990, the Equal Pay Act of 1963, the
ADA Amendments Act of 2008, and the
Genetic Information Nondiscrimination
Act of 2008. The Departmental Office of
Civil Rights provides guidance to the
Operating Administrations and
Secretarial officers on these matters. The
Office periodically reviews and
evaluates the civil rights programs of the
Operating Administrations to ensure
that recipients of financial assistance
meet applicable Federal civil rights
requirements.
§ 1.41 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 employment discrimination
complaints process (including
acceptance/dismissal, investigation, and
final adjudication); to provide 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:
(a) Title VI and VII of the Civil Rights
Act of 1964, 42 U.S.C. 2000d et seq. and
2000e et seq.
(b) Sections 501 and 504 of the
Rehabilitation Act of 1973, 29 U.S.C.
791 and 794–794a.
(c) Age Discrimination in
Employment Act of 1967, 29 U.S.C. 621
et seq.
(d) Age Discrimination Act of 1975,
42 U.S.C. 6101 et seq.
(e) Americans with Disabilities Act of
1990, 42 U.S.C. 12101–121213.
(f) ADA Amendments Act of 2008
(Pub. L. 110–325) [42 U.S.C. 12101
Note].
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(g) Genetic Information
Nondiscrimination Act of 2008, 42
U.S.C. 2000ff et seq.
(h) Equal Pay Act of 1963, 29 U.S.C.
206(d).
(i) Alcohol, Drug Abuse, and Mental
Health Administration Reorganization
Act (Pub. L. 102–321)
(j) Chapter XIV of subtitle B, of title
29 of the CFR (Equal Employment
Opportunity Commission Regulations).
(k) Title VIII of the Civil Rights Act of
1968 (Pub. L. 90–284) [42 U.S.C. 3601
et seq.].
(l) 40 U.S.C. 476 (prohibition on sex
discrimination).
(m) Title IX of the Education
Amendments of 1972, 20 U.S.C. 1681.
(n) In coordination with the Assistant
Secretary for Transportation Policy,
Executive Order 12898 (‘‘Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations’’) (See also
Executive Order 12948).
(o) 49 U.S.C. 306 (prohibition on
discrimination in programs receiving
financial assistance), 5310
(transportation for elderly persons and
persons with disabilities), 5332
(nondiscrimination in mass
transportation), 41705 (discrimination
by air carriers against handicapped
persons), 47113 (minority and
disadvantaged business participation),
and 47123 (nondiscrimination in airport
improvement programs).
(p) 23 U.S.C. 324 and 402(b)(1)(D)
(nondiscrimination in highway
programs).
(q) The Intermodal Surface
Transportation Efficiency Act of 1991,
Public Law 102–240, 105 Stat. 1919,
section 1003.
§ 1.42 Office of Small and Disadvantaged
Business Utilization.
The Director of the Office of Small
and Disadvantaged Business Utilization
ensures that the Department’s small and
disadvantaged business policies and
programs are developed in a fair,
efficient, and effective manner. The
Office is responsible for the
Department’s implementation and
execution of the functions and duties
under the Small Business Act, and
providing opportunities, technical
assistance, and financial services to the
small and disadvantaged business
community.
§ 1.43 Delegations to the Director of the
Office 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
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and execution of functions and duties
under sections 2[8] and 2[15] of the
Small Business Act (Pub. L. 85–836) [15
U.S.C. 637 and 644].
(b) Carry out the functions vested in
the Secretary by 49 U.S.C. 332 (Minority
Resource Center).
§ 1.44 Office of Intelligence, Security and
Emergency Response.
The Director of the Office of
Intelligence, Security and Emergency
Response is responsible for the
development, coordination, and
execution of plans and procedures for
the Department to balance
transportation security requirements
with the safety, mobility and economic
needs of the Nation through effective
intelligence, security, preparedness and
emergency response programs. The
Director is the Department’s principal
Emergency Coordinator for the
implementation of these programs.
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§ 1.45 Delegations to the Director of the
Office of Intelligence, Security and
Emergency Response.
The Director of Intelligence, Security,
and Emergency Response is delegated
authority to:
(a) Carry out the functions related to
emergency preparedness and response
vested in the Secretary by the following
authorities: 49 U.S.C. 101 and 301;
Executive Order 12148, as amended
(‘‘Federal Emergency Management’’);
Executive Order 12656 (‘‘Assignment of
Emergency Preparedness
Responsibilities’’) (as amended; see
Executive Order 13286); Executive
Order 12742 (‘‘National Security
Industrial Responsiveness’’); Executive
Order 13434 (‘‘National Security
Professional Development’’);
Reorganization Plan No. 3 of 1978 (5
U.S.C. app at 235 (2012); and such other
statutes, executive orders, and other
directives as may pertain to emergency
preparedness and response.
(b) Serve as the Department’s
Continuity Coordinator in accordance
with National Security Presidential
Directive 51/Homeland Security
Presidential Directive 20, National
Continuity Policy, and Federal
Continuity Directives (FCD) 1 Federal
Executive Branch National Continuity
Program and Requirements and FCD 2
Federal Executive Branch Mission
Essential Function and Primary Mission
Essential Function Identification and
Submission Process. Provide leadership
for departmental programs pertaining to
intelligence related to the transportation
sector, transportation security policy,
and civil transportation emergency
preparedness and response activities.
(c) Lead departmental collaboration
efforts with the Department of
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Homeland Security and other
Departments and Agencies related to
transportation security and
transportation infrastructure protection
as required by Homeland Security
Presidential Directive 7, Critical
Infrastructure Identification,
Prioritization, and Protection.
(d) Together with the Assistant
Secretary for Administration, carry out
oversight and management of the duties
pertaining to national security
professional development assigned to
the Secretary under Executive Order
13434 (‘‘National Security Professional
Development’’).
(e) Together with the Office of the
Assistant Secretary for Aviation and
International Affairs, coordinate the
Department’s responsibilities under
National Security Presidential Directive
44, Management of Interagency Efforts
Concerning Reconstruction and
Stabilization, and Presidential Decision
Directive 56, Managing Complex
Contingency Operations, pertaining to
interagency reconstruction and
stabilization assistance.
(f) Lead departmental efforts
pertaining to transportation-related
international civil emergency
preparedness activities, including
coordinating DOT representation on
North Atlantic Treaty Organization
committees, as directed under Executive
Order 12656 (as amended; see Executive
Order 13286).
(g) Carry out the functions vested in
the Secretary by 49 U.S.C. 40119(b), as
implemented by 49 CFR part 15, in
consultation and coordination with the
General Counsel.
(h) Oversee the Department’s
protective service program.
(i) Serve as the Secretary’s
representative to the Transportation
Security Oversight Board, in accordance
with 49 U.S.C. 115, when so designated.
(j) Lead Departmental participation in
internal and interagency planning
efforts related to preparedness in
accordance with Presidential Policy
Directive 8, National Preparedness, in
coordination with the Under Secretary.
(k) Serve as the Secretary’s senior
advisor on matters pertaining to public
health, biological, and medical matters.
(l) Develop departmental plans to
support the Department of Defense Civil
Reserve Air Fleet (CRAF) program and
allocate civil air carrier aircraft to CRAF
based on Department of Defense
requirements.
(m) Oversee operation of the
Department’s Crisis Management
Center.
(n) Lead departmental efforts for all
interaction with the Program Manager,
Information Sharing Environment to
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include appointing the Associate
Director for Intelligence as the DOT
Information Sharing Program Manager
to coordinate day-to-day Information
Sharing Environment matters.
(o) Carry out departmental
responsibilities under Executive Order
13587 (‘‘Structural Reforms to Improve
the Security of Classified Networks and
the Responsible Sharing and
Safeguarding of Classified Information’’)
including overseeing classified
information sharing and safeguarding
efforts for DOT. Oversee the day-to-day
activities for monitoring the Top Secret
and Secret classified network used by
DOT and function as the Senior Official
principally responsible for establishing
and implementing the DOT Insider
Threat Program.
(p) Serve as the department’s program
manager responsible for oversight of all
intelligence programs, to include the
DOT Counterintelligence effort as it
pertains to the DOT classified networks,
and coordinate intelligence matters
throughout the department. Nothing in
this provision is intended to prohibit or
limit a component’s ability to conduct
intelligence activities authorized by law.
(q) Carry out the functions under the
Defense Production Act of 1950, Public
Law 81–774, 64 Stat. 798, as amended
(50 U.S.C. app. 2061 et seq.), that were
vested in the Secretary by Executive
Order 13603 (‘‘National Defense
Resources Preparedness’’).
§ 1.46
Office of Public Affairs.
The Director of Public Affairs is the
principal advisor to the Secretary and
Secretarial Officers on public affairs
issues. The Office of Public Affairs
prepares news releases and supporting
media materials, and maintains a new
media presence. The Office also
provides information to the Secretary on
opinions and reactions of the public and
news media on programs and
transportation issues. The Office of
Public Affairs is responsible for the
supervision, coordination, and review of
the activities of the public affairs offices
within the Operating Administrations.
§ 1.47 Delegations to the Assistant to the
Secretary and Director of Public Affairs.
The Assistant to the Secretary and
Director of Public Affairs is delegated
authority to:
(a) Monitor the overall public
information program and review and
approve departmental informational
materials having policy-making
ramifications before they are printed
and disseminated.
(b) Carry out the functions to promote
carpooling and vanpooling transferred
to the Department of Transportation by
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section 310 of the Department of Energy
Organization Act of 1977 (Pub. L. 95–
91) [42 U.S.C. 7159].
§ 1.48 Office of the Chief Information
Officer.
The Chief Information Officer (CIO) is
the principal information technology
(IT), cyber security, privacy, and records
management advisor to the Secretary.
The Office of the CIO supports the
Organizational Excellence Strategic Goal
by providing leadership on all matters
associated with the Department’s $3.5
billion IT portfolio.
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§ 1.49 Delegations to the Chief Information
Officer.
The Chief Information Officer is
delegated authority to:
(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 ClingerCohen Act of 1996 (40 U.S.C. 11312 to
11314, and 11317);
(c) Carry out all functions and
responsibilities assigned to the
Secretary with respect to the EGovernment Act of 2002, Public Law
107–347;
(d) Carry out all functions and
responsibilities necessary to ensure
compliance with the Federal
Information Security Management Act
of 2002 (44 U.S.C. 3534 and 3544);
(e) Serve as the Chief Privacy Officer,
42 U.S.C. 2000ee–2, and administer the
Privacy Act of 1974, 5 U.S.C. 552a, and
49 CFR part 10 (Maintenance of and
Access to Records Pertaining to
Individuals) in connection with the
records of the Office of the Secretary;
(f) Carry out all functions and
responsibilities necessary to issue
notices of Department of Transportation
systems of records as required by the
Privacy Act;
(g) Carry out all functions and
responsibilities assigned to the
Secretary with respect to the Federal
Records Act (44 U.S.C. 3101–3102) and
necessary to ensure compliance with the
regulations of the National Archives and
Records Administration (36 CFR parts
1220 through 1299; 44 U.S.C. Chapters
21, 29, 31, and 33), in coordination with
the General Counsel; and
(h) Serve as the Senior Agency
Official for Geospatial Information
under Office of Management and Budget
Memorandum M–06–07, ‘‘Designation
of a Senior Agency Official for
Geospatial Information’’ (March 3,
2006).
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§ 1.50 Office of Drug & Alcohol Policy &
Compliance.
The Office of Drug & Alcohol Policy
& Compliance advises the Secretary on
national and international drug testing
and control issues and is the principal
advisor to the Secretary on rules related
to the drug and alcohol testing of safetysensitive transportation employees in
aviation, trucking, railroads, mass
transit, pipelines, and other
transportation industries. The Office, in
coordination with the Office of the
General Counsel, publishes and
provides interpretations of rules related
to 49 CFR part 40 on the conduct of
drug and alcohol tests, including how to
conduct tests, and which procedures to
use when testing. The Office
coordinates with Federal Agencies and
assists foreign governments in
developing drug and alcohol testing
programs and implementing the
President’s National Drug Control
Strategy.
§ 1.60 General Authorizations and
Delegations to Secretarial Officers.
(a) Acting in his or her own name and
title, the Under Secretary, the General
Counsel, and each Assistant Secretary,
within his or her sphere of
responsibility, is authorized to identify
and define the requirements for, and to
recommend to the Secretary, new or
revised departmental policies, plans,
and proposals. Each of these officers is
authorized to issue departmental
standards, criteria, systems and
procedures that are consistent with
applicable laws, Executive Orders,
Government-wide regulations and
policies established by the Secretary,
and to inspect, review, and evaluate
departmental program performance and
effectiveness and advise the Secretary
regarding the adequacy thereof.
(b) Except for nondelegable statutory
duties including those that transfer as a
result of succession to act as Secretary
of Transportation, each Deputy
Assistant Secretary and Deputy General
Counsel is authorized to act for and
perform the duties of his or her
principal in the absence or disability of
the principal and as otherwise directed
by the principal.
(c) The Deputy Secretary, the Under
Secretary, the General Counsel, and the
Assistant Secretaries for Administration,
Budget and Programs, and
Governmental Affairs are 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
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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.
(3) Establish ad hoc committees for
specific tasks within their assigned staff
area.
(4) Establish, modify, extend, or
terminate standing committees within
their specific areas of responsibility
when directed or authorized to do so by
the Secretary.
(5) Designate members of interagency
committees when such committees are
specifically concerned with
responsibilities of direct interest to their
office.
(6) Exercise the following authorities
with respect to positions in the Senior
Executive Service and Senior Level
within their respective areas of
responsibility:
(i) Determine how executive level
positions will be filled; i.e., by
reassignment, promotion, or
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 Resources
Board and approval by the Secretary
and the Office of Personnel
Management.
(7) 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 or other comparable
levels and to contracting officers.
(8) Administer and perform the
functions described in their respective
functional statements.
(9) 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 redelegated.
(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
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counseling or the Alternative Dispute
Resolution process and to develop and
implement affirmative action and
diversity plans within their respective
organizations.
(11) Exercise the authority vested in
the Secretary by 49 U.S.C. 326(a) and 31
U.S.C. 1353 to accept, subject to the
concurrence of the Designated Agency
Ethics Official, the following: Gifts of
property (other than real property) not
exceeding $1,000 in value, gifts of
services (in carrying out aviation duties
and powers) not exceeding $1,000 in
value, and reimbursement of travel
expenses from non-federal sources not
exceeding $3,000 in value. Acceptance
of gifts or travel reimbursement that
exceed these limits in value or are
otherwise significant may only take
place with the additional concurrence of
the General Counsel. This delegation
extends only to the acceptance of gifts
or travel expenses and does not
authorize the solicitation of gifts, which
is reserved to the Secretary at § 1.21.
Subpart C—Office of Inspector General
§ 1.70
Overview.
This subpart describes the key
responsibilities of the Office of
Inspector General, the structure of the
office, and the authority of the Inspector
General.
§ 1.71
Key responsibilities.
The Inspector General conducts,
supervises, and coordinates audits and
investigations; reviews existing and
proposed legislation and makes
recommendations to the Secretary and
Congress concerning their effect on the
economy and efficiency of program
administration, or the prevention and
detection of fraud and abuse;
recommends policies for and conducts,
supervises, or coordinates other
activities of the Department for the
purpose of promoting economy and
efficiency in program administration, or
preventing and detecting fraud and
abuse; and keeps the Secretary and the
Congress fully and currently informed.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
§ 1.72
Structure.
This Office is composed of:
(a) The Office of the Deputy Inspector
General;
(b) The Office of the Principal
Assistant Inspector General for
Investigations;
(c) The Office of the Principal
Assistant Inspector General for Auditing
and Evaluation;
(d) The Office of the Assistant
Inspector General for Administration;
and
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(e) The Office of the Assistant
Inspector General for Legal, Legislative
and External Affairs.
§ 1.73
Authority of Inspector General.
The Inspector General shall report to
and be under the general supervision of
the Secretary and Deputy Secretary. The
Inspector General has such authority as
is provided by the Inspector General Act
of 1978, as amended, and as is
otherwise provided by law. Authorities
provided to the Inspector General by
law are reserved to the Inspector
General. In accordance with the
statutory intent of the Inspector General
Act to create an independent and
objective unit, the Inspector General is
authorized to make such investigations
and reports relating to the
administration of the programs and
operations of the Department as are, in
the judgment of the Inspector General,
necessary and desirable. Neither the
Secretary nor the Deputy Secretary shall
prevent or prohibit the Inspector
General from initiating, carrying out, or
completing any audit or investigation,
or from issuing any subpoena during the
course of any audit or investigation.
§ 1.74
Delegations to Inspector General.
The Inspector General is delegated
authority to:
(a) Redelegate and authorize
successive redelegations of authority
granted by the Secretary within the
Office of Inspector General, except as
limited by law or specific administrative
reservation.
(b) Authorize and approve official
travel, including foreign travel and
transportation for themselves, their
subordinates, and others performing
services for, or in cooperation with, the
Office of Inspector General.
(c) Exercise the authority of the
Secretary to resolve informal allegations
of discrimination arising in or relating
to the Office of Inspector General
through Equal Employment Opportunity
counseling or the Alternative Dispute
Resolution process and to develop and
implement affirmative action and
diversity plans.
(d) Exercise the authority vested in
the Secretary by 49 U.S.C. 326(a) to
accept gifts of property (other than real
property) or services (in carrying out
aviation duties and powers), and the
authority to accept travel
reimbursements from non-federal
sources under 31 U.S.C. 1353.
(e) Exercise the implied authority to
solicit gifts associated with 49 U.S.C.
326(a), notwithstanding the reservation
of authority to the Secretary in § 1.21.
(f) Carry out the emergency
preparedness functions assigned to the
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Secretary by Executive Order 12656 (as
amended; see Executive Order 13286)
and by the Federal Emergency
Management Agency and General
Services Administration (FEMA and
GSA) as they pertain to the Office of
Inspector General, including those
relating to continuity of operations,
emergency resource management, and
training.
(g) Determine the existence and
amount of indebtedness and the method
of collecting repayments from
employees and members within the
Office of Inspector General and collect
repayments accordingly, as provided by
5 U.S.C. 5514.
(h) Waive claims of the United States
arising out of an erroneous payment to
an employee of the Office of Inspector
General of pay or allowances, or travel,
transportation, or relocation expenses
and allowances, and deny requests for
waiver of such claims, as authorized by
5 U.S.C. 5584 and the OMB
memorandum, ‘‘Determination with
Respect to Transfer of Functions
Pursuant to Public Law 104–316’’
(December 17, 1996). But for claims
arising from erroneous payments to
current employees, this delegation of
authority is limited to claims greater
than $500. For claims arising from
erroneous payments to former
employees, this delegation of authority
is not limited by claim amount.
Redelegation of this authority may be
made only to the principal officials
responsible for financial management or
such officials’ principal assistants.
(i) Settle and pay claims by employees
of the Office of Inspector General for
personal property losses as provided by
31 U.S.C. 3721 (Claims of personnel of
agencies and the District of Columbia
government for personal property
damage or loss).
(j) 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.
(k) [Reserved]
(l) Exercise the Secretary’s authority
under 31 U.S.C. 3711 to collect,
compromise, suspend collection action
on, or terminate claims of the United
States which are referred to, or arise out
of the activities of, the Office of
Inspector General, subject to the limits
on that authority imposed by 31 U.S.C.
3711 and the Federal Claims Collection
Standards, 31 CFR chapter IX.
(m) Exercise the Secretary’s authority
under 28 U.S.C. 2672 and 28 CFR part
14, related to the administrative
disposition of federal tort claims, for
claims involving the Office of Inspector
General. The Inspector General may
request the approval of the Attorney
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General to adjust, compromise, and
settle any such claim if the amount of
the adjustment, compromise, or award
exceeds $100,000, but only after the
General Counsel concurs with the
request. If the Inspector General believes
that a pending claim presents a novel
question of law or of policy, he or she
shall coordinate with the General
Counsel to obtain the advice of the
Assistant Attorney General in charge of
the Civil Division. If the Inspector
General settles a claim for an amount
greater than $50,000, the Inspector
General shall prepare a memorandum
fully explaining the basis for the action
taken and coordinate with the General
Counsel before sending a copy of the
memorandum to the Director, Federal
Torts Claims Act Staff, Torts Branch of
the Civil Division, U.S. Department of
Justice.
(n) Make written requests under
subsection (b)(7) of the Privacy Act of
1974, 5 U.S.C. 552a(b)(7), for records
maintained by other agencies that are
necessary to carry out an authorized law
enforcement activity.
(o) Administer the Freedom of
Information Act, 5 U.S.C. 552, and 49
CFR part 7 (Public Availability of
Information) in connection with the
records of the Office of the Inspector
General.
(p) Administer the Privacy Act of
1974, 5 U.S.C. 552a, and 49 CFR part 10
(Maintenance of and Access to Records
Pertaining to Individuals) in connection
with the records of the Office of the
Inspector General.
(q) Exercise the authority of the
Secretary over and with respect to any
personnel within the Office of Inspector
General, except as prescribed by the
Secretary or limited by law.
(r) Approve payment of recruitment,
relocation, and retention incentives
under 5 U.S.C. 5753 and 5754.
(s) Administer 49 CFR part 9
(Testimony of Employees of the
Department and Production of Records
in Legal Proceedings) in connection
with the records of the Office of
Inspector General and testimony of
current and former employees of the
Office of Inspector General.
Subpart D—Operating Administrations
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§ 1.80
Overview.
This subpart sets forth the key
responsibilities of the Operating
Administrations, and the delegations of
authority from the Secretary of
Transportation to the Administrators.
§ 1.81
Delegations to all Administrators.
(a) Except as prescribed by the
Secretary of Transportation, each
Administrator is authorized to:
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(1) Exercise the authority of the
Secretary over and with respect to any
personnel within their respective
organizations.
(2) [Reserved]
(3) Exercise the authority vested in
the Secretary to prescribe regulations
under 49 U.S.C. 322(a) with respect to
statutory provisions for which authority
is delegated by other sections in this
part.
(4) Carry out the functions of the
Secretary concerning environmental
enhancement by 49 U.S.C. 303 (Duties
of the Secretary of Transportation:
Policy on lands, wildlife and waterfowl
refuges, and historic sites) and 23 U.S.C.
138 as they relate to matters within the
primary responsibility of each Operating
Administration.
(5) Carry out the functions of the
Secretary under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), section 176(c) of
the Clean Air Act (42 U.S.C. 7506(c)),
and related environmental laws as they
relate to matters within the primary
responsibility of each Operating
Administration.
(6) Carry out the functions of the
Secretary under section 106 of the
Historic Preservation Act of 1966, 16
U.S.C. 470f, as they relate to matters
within the primary responsibility of
each Operating Administration.
(7) Administer FOIA and 49 CFR part
7 (Public Availability of Information) in
connection with the records of the
Operating Administration.
(8) Administer the Privacy Act of
1974, 5 U.S.C. 552a, and 49 CFR part 10
(Maintenance of and Access to Records
Pertaining to Individuals) in connection
with the records of the Operating
Administration.
(9) Make written requests under
subsection (b)(7) of the Privacy Act for
records maintained by other agencies
that are necessary to carry out an
authorized law enforcement activity.
(10) Carry out the emergency
preparedness functions assigned to the
Secretary by Executive Order 12656, (as
amended; see Executive Order 13286)
and by the Federal Emergency
Management Agency and General
Services Administration (FEMA and
GSA) as they pertain to his or her
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.
(11) Enter into inter- and
intradepartmental reimbursable
agreements other than with the head of
another department or agency. This
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19833
authority may be redelegated only to
Office Directors, Regional Directors,
District Commanders or other
comparable levels and Contracting
Officers.
(12) Determine the existence and
amount of indebtedness and the method
of collecting repayments from
employees 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.
(13) Waive claims of the United States
arising out of an erroneous payment to
an employee of the Operating
Administration of pay or allowances, or
travel, transportation, or relocation
expenses and allowances, and deny
requests for waiver of such claims, as
authorized by 5 U.S.C. 5584 and the
OMB memorandum, ‘‘Determination
with Respect to Transfer of Functions
Pursuant to Public Law 104–316’’
(December 17, 1996). But for claims
arising from erroneous payments to
current employees, this delegation of
authority is limited to claims greater
than $500. For claims arising from
erroneous payments to former
employees, this delegation of authority
is not limited by claim amount.
Redelegation of this authority may be
made only to the principal officials
responsible for financial management or
such officials’ principal assistants.
(14) Settle and pay claims by
employees of the Operating
Administration for personal property
losses as provided by 31 U.S.C. 3721
(Claims of personnel of agencies and the
District of Columbia government for
personal property damage or loss). This
authority may be redelegated only to
Office Directors, Regional Directors, or
other comparable levels and to those
individuals that report to the above
officials.
(15) 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 this
subpart to carry out these programs,
under the guidance of the Director of the
Departmental Office of Civil Rights,
including conducting compliance
reviews and other activities relating to
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the enforcement of these statutes,
regulations, and Executive Orders.
(16) 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.
(17) 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.
(18) Exercise the authority of the
Secretary to make certifications,
findings and determinations under the
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.) 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.
(19) Carry out the functions vested in
the Secretary by 15 U.S.C. 3710(a),
which authorizes agencies to permit
their laboratories to enter into
cooperative research and development
agreements.
(20) [Reserved]
(21) Exercise the Secretary’s authority
under 31 U.S.C. 3711 to collect,
compromise, suspend collection action
on, or terminate claims of the United
States which are referred to, or arise out
of the activities of, the Operating
Administration, subject to the limits on
that authority imposed by 31 U.S.C.
3711 and the Federal Claims Collection
Standards, 31 CFR chapter IX.
(22) Exercise the Secretary’s authority
under 28 U.S.C. 2672 and 28 CFR part
14, related to the administrative
disposition of federal tort claims, for
claims involving the Operating
Administration. The Administrator may
request the approval of the Attorney
General to adjust, compromise, and
settle any such claim if the amount of
the adjustment, compromise, or award
exceeds $100,000, but only after the
General Counsel concurs with the
request. If the Administrator believes
that a pending claim presents a novel
question of law or of policy, he or she
shall coordinate with the General
Counsel to obtain the advice of the
Assistant Attorney General in charge of
the Civil Division. If the Administrator
settles a claim for an amount greater
than $50,000, the Administrator shall
prepare a memorandum fully explaining
the basis for the action taken and
coordinate with the General Counsel
before sending a copy of the
memorandum to the Director, Federal
Torts Claims Act Staff, Torts Branch of
the Civil Division, U.S. Department of
Justice.
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(23) Enter into memoranda of
agreement with the Occupational Safety
and Health Administration (OSHA) in
regard to setting and enforcing
occupational safety or health standards
and whistleblower protection 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.
(24) Enter into memoranda of
agreement with the Mine Safety Health
Administration (MSHA) in regard to
setting and enforcing safety standards
for employees in DOT-regulated
industries while on mine property. The
General Counsel shall concur in each
memorandum of agreement with MSHA
prior to its execution by the
Administrator of the Operating
Administration concerned.
(25) Exercise the authority vested in
the Secretary by Section 329A of the
Department of Transportation and
Related Agencies Appropriations Act,
1995, Public Law 103–331, 329A, 108
Stat. 2471, 2493 (September 30, 1994),
to enter into grants, cooperative
agreements, and other transactions with
any person, agency, or instrumentality
of 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,
Public Law 102–484, 106 Stat. 2658
(October 23, 1992), and related
legislation.
(26) Carry out the functions vested in
the Secretary by 49 U.S.C. 40119(b), as
implemented by 49 CFR part 15, in
coordination with the Office of the
General Counsel and the Office of
Intelligence, Security and Emergency
Response, relating to the determination
that information is Sensitive Security
Information within their respective
organizations.
(27) Exercise the authority vested in
the Secretary by 49 U.S.C. 326(a) and 31
U.S.C. 1353 to accept, subject to the
concurrence of the Operating
Administration’s Deputy Ethics Official,
the following: Gifts of property (other
than real property) not exceeding $1,000
in value, gifts of services (in carrying
out aviation duties and powers) not
exceeding $1,000 in value, and
reimbursement of travel expenses from
non-federal sources not exceeding
$3,000. Acceptance of gifts or travel
reimbursement that exceed these limits
in value or are otherwise significant
may only take place with the additional
concurrence of the General Counsel.
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This delegation extends only to the
acceptance of gifts or travel expenses
and does not authorize the solicitation
of gifts, which is reserved to the
Secretary at § 1.21.
(28) Exercise the authority vested in
the Secretary by the Federal Civil
Penalties Inflation Adjustment Act of
1990 (Pub. L. 101–410, 104 Stat. 890), as
amended by the Debt Collection
Improvement Act of 1996 (Pub. L. 104–
134, 110 Stat. 1321), to promulgate rules
that adjust civil penalties.
(29) Carry out the functions vested in
the Secretary to implement the Uniform
Relocation Assistance and Real Property
Acquisition Act of 1970 (Uniform Act),
42 U.S.C. Chapter 61, with respect to
programs administered by their
respective Operating Administrations.
Each Operating Administration may
prescribe additional Uniform Act
guidance that is appropriate to those
particular programs, provided that such
additional guidance must be consistent
with the Uniform Act and 49 CFR part
24. The lead agency for Uniform Act
matters is the Federal Highway
Administration (see § 1.85 and 49 CFR
part 24).
§ 1.81a
Redelegation by all Administrators.
Except as otherwise specifically
provided in this part, each
Administrator may redelegate and
authorize successive redelegations of
authority within the organization under
that official’s jurisdiction.
§ 1.82 The Federal Aviation
Administration.
Is responsible for:
(a) Promulgating and enforcing
regulations on all safety matters relating
to the operation of airports, the
manufacture, operation, and
maintenance of aircraft, and the
efficiency of the National Airspace
System;
(b) Planning and supporting the
development of an integrated national
system of airports, with due
consideration of safety, capacity,
efficiency, environmental compatibility
and sustainability;
(c) Administering federal financial
assistance programs for airports
including airport grants-in-aid;
(d) Preserving and enhancing the
safety and efficiency of the Nation’s air
transportation system by implementing
NextGen and other technologies, as
appropriate;
(e) Registering aircraft and recording
rights in aircraft;
(f) Developing, modifying, testing, and
evaluating systems, procedures,
facilities, and devices needed for the
safe and efficient navigation and traffic
control of aircraft;
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(h) Locating, constructing or
installing, maintaining and operating
Federal aids to air navigation, wherever
necessary;
(i) Developing air traffic regulations,
and administering air navigation
services for control of civil and military
air operations within U.S. airspace, as
well as administering such air
navigation services as the FAA has
accepted responsibility for providing in
international airspace and the airspace
of foreign countries;
(j) Promoting aviation safety and
efficiency through technical aviation
assistance to foreign aviation
authorities;
(k) Developing strategies to improve
runway safety at all commercial service
airports;
(l) Administering the Continuous
Lower Energy, Emissions and Noise
program, improving connections to
surface transportation, and other efforts
to increase the environmental
sustainability of the Nation’s air
transportation systems;
(m) Conducting an effective airport
technology research program to improve
airport safety, efficiency, and
sustainability;
(n) Exercising the final authority for
carrying out all functions, powers, and
duties of the Administration in
accordance with 49 U.S.C. 106(f) and
adjudication in accordance with 49
U.S.C. 40110(d) and that such
authorities supersede any conflicting
provisions elsewhere in this part.
(o) Promoting and encouraging U.S.
leadership in commercial space
activities, and promulgating and
enforcing regulations on safety matters
relating to commercial space
transportation.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
§ 1.83 Delegations to the Federal Aviation
Administrator.
The Federal Aviation Administrator is
delegated authority to:
(a) Carry out the following functions
vested in the Secretary by 49 U.S.C.
Subtitle VII (Aviation Programs):
(1) Sections 40103(a)(2), relating to
the consultation with the Architectural
and Transportation Barriers Compliance
Board before prescribing regulations or
procedures that will have a significant
impact on accessibility of commercial
airports or commercial air
transportation for individuals with
disabilities; 40109(c), but only as it
relates to the regulation of 49 U.S.C.
46301(b) (smoke alarm device
penalties), and 40109(e), relating to
maximum flying hours 40113(a) as it
relates to the functions vested in the
Secretary and delegated in this section;
40114, relating to reports and records
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requirements; 40115, relating to
withholding information from public
disclosure; 40116, relating to the
prohibition on State taxation as the
prohibition may affect an airport
sponsor’s grant assurances; 40117,
relating to passenger facility charges;
40119(b), relating to the issuance of
regulations on disclosure of information
obtained or developed in ensuring
security; and 40127(b) of chapter 401,
relating to prohibition on discrimination
by private airports;
(2) Section 41723 of subchapter I of
chapter 417, relating to notice
concerning aircraft assembly;
(3) Section 44102(b) of chapter 441,
relating to defining the term ‘‘based and
primarily used in the United States’’;
(4) Chapter 443, relating to insurance;
(5) Chapter 445, relating to facilities,
personnel, and research, except section
44502(a)(3) as it relates to authorizing a
department, agency, or instrumentality
of the United States Government to
carry out any duty or power under
subsection 44502(a) with the consent of
the head of the department, agency, or
instrumentality;
(6) Chapter 447, relating to safety
regulation;
(7) Chapter 451, relating to alcohol
and controlled substances testing;
(8) Subpart IV of Part A of 49 U.S.C.
Subtitle VII (chapters 461–465) relating
to the Secretary’s authority to enforce
and impose penalties under sections of
Subtitle VII that have been delegated to
the Federal Aviation Administrator in
this section;
(9) Part B of 49 U.S.C. Subtitle VII
(chapters 471–475) relating to airport
development and noise, except 49
U.S.C. 47129(a);
(10) Part C of 49 U.S.C. Subtitle VII
(chapters 481–483) relating to financing;
and
(11) Part E of 49 U.S.C. Subtitle VII
(chapter 501) relating to Buy-American
Preferences.
(b) Carry out the functions vested in
the Secretary by chapters 509 and 511
(commercial space) of title 51, U.S.C.
and coordinate with the Assistant
Secretary for Aviation and International
Affairs regarding those functions related
to the promotion of the aerospace
industry.
(c) Carry out the functions vested in
the Secretary by part B of title II of the
Clean Air Act, as amended (Pub. L. 91–
604, sec. 11, 84 Stat. 1703), and by 40
CFR part 87 as it relates to exemptions
from aircraft air pollution standards.
(d)(1) Except as delegated to the
Under Secretary of Transportation for
Policy by § 1.25, carry out the functions
vested in the Secretary by 49 U.S.C.
5121(a), (b), (c), and (d), 5122, 5123, and
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5124, relating to the transportation or
shipment of hazardous materials by air.
(2) Carry out the functions vested in
the Secretary by 49 U.S.C. 5114, relating
to the establishment of procedures for
monitoring and enforcing regulations
with respect to the transportation of
radioactive materials on passengercarrying aircraft.
(3) Participate, with the Administrator
of the Pipeline and Hazardous Materials
Safety Administration, in the Dangerous
Goods Panel at the International Civil
Aviation Organization, under the
authority vested in the Secretary by 49
U.S.C. 5120.
(e) 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 the interagency agreement of
December 9, 1960, and Executive Order
11382, and provide for the
administrative operation of the IGIA
Secretariat.
(f) Carry out the functions assigned to
the Secretary by Executive Order 12465
relating to commercial expendable
launch vehicle activities.
(g) 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).
§ 1.84 The Federal Highway
Administration.
Is responsible for:
(a) Improving mobility on our
Nation’s highways through national
leadership, innovation, and program
delivery.
(b) Developing safety strategies using
a data-driven, systematic approach to
address safety for motorists, bicyclists,
and pedestrians from engineering,
education, enforcement, and emergency
medical services perspectives and
coordinating with FMCSA and NHTSA
as appropriate.
(c) Planning, in cooperation with the
States, the nation’s highway system.
(d) Improving, in cooperation with the
States (via the provision of grants),
infrastructure condition, safety, mobility
and freight movement roads on the
National Highway System, including the
Interstate System and to other federalaid roads and other surface
transportation infrastructure.
(e) Identifying and deploying
innovation aimed at shortening project
delivery, enhancing the safety of our
roadways, and protecting the
environment.
(f) Surveying and constructing Federal
lands transportation facilities, Federal
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lands access transportation facilities,
tribal transportation facilities, defense
highways and access roads, and
parkways and roads in national parks
and other federally-administered areas.
(g) Developing and administering
uniform State standards for highway
safety programs with respect to
identification and surveillance of crash
locations; highway design, construction,
and maintenance, including context
sensitive solutions, highway-related
aspects of pedestrian safety, and traffic
control devices.
(h) Administering the Department’s
National Bridge Inspection Standards
and the National Tunnel Inspection
Standards to ensure the Nation has safe,
well-maintained bridges and tunnels for
use by the traveling public.
(i) In coordination with NHTSA,
RITA, and FMCSA, conducting vehicleto-vehicle and vehicle-to-infrastructure
research.
(j) Managing TIFIA funds, 23 U.S.C.
601–609, in conjunction with the TIFIA
Joint Program Office, including
managing accounting and budgeting
activities, and procuring any necessary
financial or technical support services
for the TIFIA program.
(k) Maximizing the positive impacts
on the U.S. economy by encouraging
domestic manufacturing on highway
projects through the enforcement of Buy
America provisions.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
§ 1.85 Delegations to the Federal Highway
Administrator.
(a) The Federal Highway
Administrator is delegated authority to
administer the following provisions of
title 23, U.S.C. (Highways):
(1) Chapter 1, Federal-Aid Highways,
except for:
(i) Section 142 (as it relates to matters
within the primary responsibility of the
Federal Transit Administrator);
(ii) The following sections as they
relate to matters within the primary
responsibility of the National Highway
Traffic Safety Administration: 153, 154,
158, 161, 163, and 164; and
(iii) Section 167(f) (National Freight
Strategic Plan).
(2) Chapter 2, Other Highways, except
for section 205.
(3) Chapter 3, General Provisions (as
it relates to matters within the primary
responsibility of the Federal Highway
Administration), except for section 322.
(4) Section 409 of chapter 4, Highway
Safety.
(5) Chapter 5, Research, Technology,
and Education, except for section 508.
(6) Chapter 6, Infrastructure Finance,
subject to the limitations set forth in
§§ 1.33 (Assistant Secretary for Budget
and Programs) and 1.21 (reservation to
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the Secretary of final approval of TIFIA
credit assistance applications).
(b) The Federal Highway
Administrator is delegated authority to
administer the following provisions of
title 49, U.S.C. (Transportation):
(1) Section 20134(a) with respect to
the laws administered by the Federal
Highway Administrator pertaining to
highway safety and highway
construction; and
(2) Sections 31111 and 31112 (as it
relates to matters within the primary
responsibility of the Federal Highway
Administration).
(3) Section 31314 (as it relates to
matters within the primary
responsibility of the Federal Highway
Administration).
(c) The Federal Highway
Administrator is delegated authority to
administer the following laws relating
generally to highways:
(1) Section 502(c) of the General
Bridge Act of 1946, as amended, Public
Law 79–601, tit. V, 60 Stat. 847, [33
U.S.C. 525(c)].
(2) Reorganization Plan No. 7 of 1949
(63 Stat. 1070).
(3) The Federal-Aid Highway Act of
1954, as amended (Pub. L. 83–350, 68
Stat. 70).
(4) The Federal-Aid Highway Act of
1956, as amended (Pub. L. 84–627, tit.
I, 70 Stat. 374).
(5) The Highway Revenue Act of
1956, as amended (Pub. L. 84–627, tit.
II, 70 Stat. 374, 387).
(6) The Alaska Omnibus Act, as
amended (Pub. L. 86–70, 73 Stat. 141).
(7) The Act of September 26, 1961, as
amended (Pub. L. 87–307, 75 Stat. 670).
(8) The Act of April 27, 1962 (Pub. L.
87–441, 76 Stat. 59).
(9) The Federal-Aid Highway Act of
1962, as amended (Pub. L. 87–866, 76
Stat. 1145).
(10) The Joint Resolution of August
28, 1965, as amended (Pub. L. 89–139,
79 Stat. 578).
(11) The Federal-Aid Highway Act of
1966, as amended (Pub. L. 889–574, 80
Stat. 766).
(12) The Federal-Aid Highway Act of
1968, as amended (Pub. L. 90–495, 82
Stat. 815).
(13) The Federal-Aid Highway Act of
1970, as amended (except section 118)
(Pub. L. 91–605, 84 Stat. 1713).
(14) 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).
(15) 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).
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(16) The Highway Beautification Act
of 1965, as amended (Pub. L. 89–285, 79
Stat. 1028, 23 U.S.C. 131 et seq., notes).
(17) The Federal-Aid Highway Act of
1982 (Pub. L. 97–327, 96 Stat. 1611),
except section 6 as it relates to matters
within the primary responsibility of the
Federal Transit Administrator.
(18) The Surface Transportation
Assistance Act of 1982, as amended,
(Pub. L. 97–424, 96 Stat. 2097) except:
(i) Sections 165 and 531 as they relate
to matters within the primary
responsibility of the Federal Transit
Administrator;
(ii) Sections 105(f), 413; 414(b)(2);
421, 426, and Title III; and
(iii) Section 414(b)(1), unless with the
concurrence of the National Highway
Traffic Safety Administrator.
(19) 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).
(20) Sections 105, 107(c) through (e),
123(a) and (b), 124(c), 126(d) through
(g), 138(c), 142, 144, 147 through 154,
167, and 171, Title IV, as amended (as
it relates to matters within the primary
responsibility of the Federal Highway
Administrator), and sections 502–504 of
Title V of the Surface Transportation
Assistance Act of 1978 (Pub. L. 95–599,
92 Stat. 2689).
(21) Sections 201 through 205, 327
through 336, 339, 340, 349, 352, 353,
and 408 of the National Highway
System Designation Act of 1995 (Pub. L.
104–59, 109 Stat. 568).
(22) Sections 1002(e), 1006(h),
1009(c), 1012(b) and (d) through (f),
1015, 1016(g), 1017(c), 1021(c) and (d),
1022(c), 1023(f) through (g), 1032(d),
1038 through 1041, 1044, 1046(d), 1047,
1051, 1057 through 1060, 1072, 1073,
1105, and 6016 of the Intermodal
Surface Transportation Efficiency Act of
1991 (Pub. L. 102–240, 105 Stat. 1914).
(23) Sections 1108(f) and (g) and 1224
of the Transportation Equity Act for the
21st Century (Pub. L. 105–178, 112 Stat.
107).
(24) Sections 1101(a), 1102, 1109(f),
1111(b)(4), 1112, 1115(c), 1116(a) and
(b), 1117, 1119(n), 1120(c), 1201, 1301,
1302, 1303, 1304, 1305, 1306, 1308,
1310, 1404, 1408, 1409(a) and (b), 1410,
1411, 1502, 1604, 1803, 1907, 1908,
1910, 1911, 1916, 1917, 1918, 1923,
1928, 1934, 1935, 1937, 1939, 1940,
1941, 1943, 1944, 1945, 1948, 1949,
1950, 1952, 1957, 1959, 1962, 1964,
4404 (as it relates to matters within the
primary responsibility of the Federal
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Highway Administrator), 5101(b),
5202(b)(3)(B), (c), and (d), 5203(e) and
(f), 5204(g) and (i), 5304, 5305, 5306,
5307, 5308, 5309, 5502, 5504, 5508,
5511, 5512, 5513(b), (f), (k), and (m) (as
(m) relates to (b), (f), and (k)), 5514,
6009(b) (as they relate to matters within
the primary responsibility of the Federal
Highway Administrator), 6017, 6018,
10210, and 10212 of the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (Pub. L. 109–59, 119 Stat. 1144).
(25) Sections 1101(a), 1102, 1106(b),
1112(b), 1113(c), 1116, 1123, 1201(b),
1315 (as it relates to matters within the
primary responsibility of the Federal
Highway Administration), 1316 (as it
relates to matters within the primary
responsibility of the Federal Highway
Administration), 1317 (as it relates to
matters within the primary
responsibility of the Federal Highway
Administration), 1318(a) and (b) (as it
relates to matters within the primary
responsibility of the Federal Highway
Administration), 1323 (a) and (b),
1401(b), (c) and (d), 1405, 1503(c),
1512(b), 1519(a), 1520, 1522, 1523,
1524, 1525, 1526, 1527 (as it relates to
matters within the primary
responsibility of the Federal Highway
Administration), 1528, 1529, 1530 (as it
relates to matters within the primary
responsibility of the Federal Highway
Administration), 1533, 1534, 1535,
32801, 32802, and 51001 of the Moving
Ahead for Progress in the 21st Century
Act (Pub. L. 112–141, 126 Stat. 405).
(d) The Federal Highway
Administrator is delegated authority to:
(1) Carry out the functions vested in
the Secretary of Transportation by
section 601 of the Pipeline Safety Act of
1992 (Pub. L. 102–508, 106 Stat. 3289)
relating to construction of the Page
Avenue Extension Project in Missouri.
(2) Carry out the functions of the
Secretary under the Appalachian
Regional Development Act of 1965, 40
U.S.C. Subtitle IV.
(3) 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.
(4) 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) [33 U.S.C. 535c
and 535e(a)].
(5) Carry out the Highway Safety Act
of 1966, as amended (Pub. L. 89–564, 80
Stat. 731) for highway safety programs,
research, and development relating to
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highway design, construction and
maintenance, traffic control devices,
identification and surveillance of crash
locations, and highway-related aspects
of pedestrian safety.
(6) Exercise the authority vested in
the Secretary by 49 U.S.C. 20134(a) with
respect to the laws administered by the
Federal Highway Administrator
pertaining to highway safety and
highway construction
(7) Prescribe regulations, as necessary,
at part 24 of this title, to implement the
Uniform Act, 42 U.S.C. Chapter 61, and
to act as the lead agency in carrying out
all other functions vested in the
Secretary by the Uniform Act, in
coordination with the Under Secretary.
(8) 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).
(9) Carry out the functions vested in
the Secretary of Transportation by
section 114 of Part C of the Paperwork
Reduction Reauthorization Act of 1986
(contained in the Act Making
Continuing Appropriations for Fiscal
Year 1987 and for Other Purposes,
Public Law 99–591, 100 Stat. 3341,
2241–349), relating to construction of
Interstate Highway H–3 in Hawaii.
(10) 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.
(11) 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 § 1.21.
(12) 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, (Pub. L. 94–
210, 90 Stat. 31) relating to the Alameda
Corridor Project in consultation with the
Federal Railroad Administrator.
(13) Act as the lead DOT agency in
matters relating to the National
Environmental Policy Act of 1969,
Public Law 91–190, 83 Stat. 852 [42
U.S.C. 4321 et seq.] pertinent to the
authority vested in the Secretary to
establish, operate, and manage the
Nationwide Differential Global
Positioning System (NDGPS) by section
346 of the Department of Transportation
and Related Agencies Appropriations
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Act, 1998 (Pub. L. 105–66, 111 Stat.
1425).
(14) Exercise the responsibilities of
the Secretary under 49 U.S.C. 309 (high
speed ground transportation).
(15) Carry out the functions vested in
the Secretary by section 201(4)(d) and
(e) of the Alaska National Interest Lands
Conservation Act, as amended (Pub. L.
96–487, 94 Stat. 2377) [16 U.S.C.
410hh(4)(d) and (e)].
§ 1.86 The Federal Motor Carrier Safety
Administration.
Is responsible for:
(a) Managing program and regulatory
activities, including administering laws
and promulgating and enforcing
regulations on safety matters relating to
motor carrier safety;
(b) Carrying out motor carrier
registration and authority to regulate
household goods transportation;
(c) Developing strategies for
improving commercial motor vehicle,
operator, and carrier safety and
administering grants to implement these
strategies;
(d) Inspecting records and equipment
of commercial motor carriers, and
investigating accidents and reporting
violations of motor carrier safety
regulations;
(e) Carrying out research,
development, and technology transfer
activities to promote safety of operation
and equipment of motor vehicles for the
motor carrier transportation program;
and
(f) Carrying out an effective
communications and outreach program
which includes providing relevant
safety data to the public.
§ 1.87 Delegations to the Federal Motor
Carrier Safety Administrator.
The Federal Motor Carrier Safety
Administrator is delegated authority to:
(a) Carry out the following 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) Sections 13704 and 13707 of
chapter 137, relating to rates, routes,
and services;
(5) Chapter 139, relating to
registration and financial responsibility
requirements, except section
13907(d)(2);
(6) Chapter 141, relating to operations
of motor carriers;
(7) Sections 14501, 14502, and 14504a
relating to Federal-State relations, and
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section 14506 relating to identification
of vehicles.
(8) Sections 14701 through 14705,
14707, 14708, 14710, and 14711 of
chapter 147, relating to enforcement
remedies, investigations and motor
carrier liability; and
(9) Sections 14901 through 14913,
14915, and 14916 of chapter 149
relating to civil and criminal penalties
for violations of 49 U.S.C. subtitle IV,
part B.
(b) Carry out the functions vested in
the Secretary by sections 104 and 204 of
the ICC Termination Act of 1995, Public
Law 104–88, 109 Stat. 803, relating to
self-insurance rules and a savings
clause.
(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) Carry out the following functions
and exercise the authority vested in the
Secretary by chapter 51 of title 49,
U.S.C.:
(1) Except as delegated to the Under
Secretary of Transportation for Policy by
§ 1.25, carry out the functions vested in
the Secretary by 49 U.S.C. 5121(a), (b),
(c), and (d), 5122, 5123, and 5124,
relating to the transportation or
shipment of hazardous materials by
highway.
(2) Carry out the functions vested in
the Secretary by 49 U.S.C. 5105(e),
relating to inspections of motor vehicles
carrying hazardous material; 49 U.S.C.
5109, relating to motor carrier safety
permits, except subsection (f); 49 U.S.C.
5112, relating to highway routing of
hazardous materials; 49 U.S.C. 5113,
relating to unsatisfactory safety ratings
of motor carriers; 49 U.S.C. 5119,
relating to uniform forms and
procedures; and 49 U.S.C. 5125(a) and
(c)–(f), relating to preemption
determinations or waivers of
preemption of hazardous materials
highway routing requirements.
(e) Carry out the functions vested in
the Secretary by:
(1) Chapter 313 of 49, U.S.C., relating
to commercial motor vehicle operators;
and
(2) Section 4123(c), (d) and (e) of
SAFETEA–LU relating to grants,
funding, and contract authority and
availability, respectively, for
commercial driver’s license information
system modernization.
(f) Carry out the functions vested in
the Secretary by subchapters I, III, and
IV of chapter 311, title 49, U.S.C., and
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49 U.S.C. 31111, relating to commercial
motor vehicle programs, safety
regulation, and international activities,
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.
(g) Carry out the functions vested in
the Secretary by 49 U.S.C. 5701 relating
to food transportation inspections of
commercial motor vehicles.
(h) Carry out the functions and
exercise the authority delegated to the
Secretary in section 2(d)(2) of Executive
Order 12777, as amended, 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, Pub. L. 87–
88, as amended [33 U.S.C. 1321], to
operate without approved response
plans.
(i) Carry out chapter 315 of title 49,
U.S.C., relating to motor carrier safety.
(j) Carry out 49 U.S.C. 502, 503, 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, 521(b), and 525.
(k) Carry out the functions and
exercise the authority vested in the
Secretary by 23 U.S.C. 502(a)(1)(A).
(l) Carry out the functions vested in
the Secretary by the following sections
of SAFETEA–LU:
(1) Section 4105(b)(1) relating to the
study concerning predatory tow truck
operations;
(2) Section 4126, relating to the
commercial vehicle information systems
and networks deployment program;
(3) Section 4127, relating to outreach
and education;
(4) Section 4128, relating to grants
under the safety data improvement
program;
(5) Section 4130–4133, amending
section 229 of the Motor Carrier Safety
Improvement Act of 1999 (49 U.S.C.
31136 note) relating to the operators of
vehicles transporting agricultural
commodities and farm supplies, and
hours of service for miscellaneous
vehicle operators;
(6) Section 4134 (49 U.S.C. 31301
note), relating to the grant program for
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persons to train operators of commercial
motor vehicles;
(7) [Reserved]
(8) Section 4136 relating to interstate
vans;
(9) Section 4138 relating to high risk
carrier compliance (49 U.S.C. 31144
note);
(10) Section 4139(a)(1), relating to the
training of and outreach to State
personnel; section (b)(1) relating to a
review of Canadian and Mexican
compliance with Federal motor vehicles
safety standards; and the first sentence
of section (b)(2) relating to the report
concerning the findings and conclusions
of the review required by section (b)(1)
(see 49 U.S.C. 31100 note);
(11) Section 4143, granting authority
to stop commercial motor vehicles, 18
U.S.C. 3064;
(12) Section 4144, relating to a motor
carrier safety advisory committee;
(13) [Reserved]
(14) Section 4147, relating to
emergency conditions requiring
immediate response (amending section
229 of the Motor Carrier Safety
Improvement Act of 1999 (49 U.S.C.
31136 note);
(15) Section 4213, relating to the
establishment of a working group for the
development of practices and
procedures to enhance Federal-State
relations (49 U.S.C. 14710 note);
(16) Section 4214, relating to the
establishment of a system for collecting
consumer complaint information and
issuing regulations related to reporting
requirements under the system (49
U.S.C. 14701 note); and
(17) Section 4308, granting authority
to adopt regulations to carry out
SAFETEA–LU, Title IV, subtitle C (49
U.S.C. 13902 note).
(m) Carry out the functions vested in
the Secretary by the following sections
of the Moving Ahead for Progress in the
21st Century Act (Pub. L. 112–141, 126
Stat. 405):
(1) Section 32101(b) concerning
proficiency examination (49 U.S.C.
13902 note).
(2) Section 32101(c) concerning
conforming amendments to proficiency
examinations (49 U.S.C. 31144 note).
(3) Section 32101(d) concerning
agricultural and farm transportation
exemption (49 U.S.C. 31136 note).
(4) Section 32104 concerning a study
of financial responsibility requirements
(49 U.S.C. 13903 note).
(5) Section 32206 concerning a rental
truck accident study.
(6) Section 32301(a) requiring an
hours of service study.
(7) Section 32302(c)(2) regarding the
establishment of state licensing agency
oversight (49 U.S.C. 31149 note).
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(8) Section 32303(b) relating to the
establishment of a driver record
notification system (49 U.S.C. 31304
note).
(9) Section 32303(c) relating to a plan
for national notification system.
(10) Section 32308 regarding a study,
plan, report and implementation of
accelerated veteran’s licensing
procedures (49 U.S.C. 31301 note).
(11) Section 32603(i) relating to the
administration of grant programs (49
U.S.C. 31100).
(12) Section 32605 related to a report
on the commercial vehicle information
system and networks.
(12) Sections 32702, 32707(b), 32708,
32709, 32710, and 32711 related to the
Motorcoach Enhanced Safety Act of
2012 (49 U.S.C. 31136 note).
(13) Section 32918(b) relating to
broker and forwarder financial
responsibility rulemaking requirement
(49 U.S.C. 13906 note).
(14) Section 32934 related to
exemptions from requirements for
covered farm vehicles (49 U.S.C. 31136
note).
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§ 1.88 The Federal Railroad
Administration.
Is responsible for:
(a) Regulating safety functions
pertaining to railroads;
(b) Conducting research and
development activity in support of safer
and more efficient rail transportation;
(c) Investigating and issuing reports
concerning collisions, derailments, and
other railroad accidents resulting in
serious injury to persons or to the
property of a railroad;
(d) Developing safety strategies to
combat the causes of collisions,
derailments, and other railroad
accidents, as well as to reduce overall
risk in the Nation’s rail systems;
(e) Promoting and strengthening the
national rail system, including freight
rail and high speed and higher
performing intercity passenger rail.
(f) Providing financial assistance,
including grants, loans and loan
guarantees, for rail freight and
intermodal development, as well as
high-speed and intercity passenger rail
development;
(g) Maximizing the positive impacts
on the U.S. economy by encouraging
domestic manufacturing on rail projects
through the enforcement of Buy
America provisions; and
(h) Strengthening local communities
by supporting station-area development
and strong connections among rail
passenger service, intercity bus, local
transit, bicycle/pedestrian, and airport
facilities.
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§ 1.89 Delegations to the Federal Railroad
Administrator.
The Federal Railroad Administrator is
delegated authority to:
(a) Carry out the functions and
exercise the authority vested in the
Secretary by 49 U.S.C. Subtitle V, Part
A (Safety, chapter 201 et seq.), Part B
(Assistance, chapter 221 et seq.), Part C
(Passenger Transportation, chapter 241
et seq.), Part D (High-speed Rail, chapter
261), and section 28101 of Part E,
relating to the law enforcement
authority of railroad police officers;
except 49 U.S.C. 20134 with respect to
highway, traffic, and motor vehicle
safety and highway construction.
(b) Carry out the functions and
exercise the authority vested in the
Secretary by the Rail Safety
Improvement Act of 2008 (Pub. L. 110–
432, Div. A, 122 Stat. 4848).
(c) Carry out the functions and
exercise the authority vested in the
Secretary by the Passenger Rail
Investment and Improvement Act of
2008 (Pub. L. 110–432, Div. B, 122 Stat.
4907), except Title VI (122 Stat. 4968) as
it relates to capital and preventive
maintenance projects for the
Washington Metropolitan Area Transit
Authority.
(d) Carry out the functions vested in
the Secretary by section 5 (as it relates
to railroad bridges not over navigable
waterways) and section 8(a) (as it relates
to railroad bridges) of the International
Bridge Act of 1972 (Pub. L. 92–434, 86
Stat. 731) (33 U.S.C. 535c and 535e(a)).
(e) Exercise the administrative powers
vested in the Secretary by 49 U.S.C.
Subtitle I, Chapter 5 (section 501 et seq.)
pertaining to railroad safety and 49
U.S.C. 103 (Federal Railroad
Administration).
(f) Promote and undertake research
and development relating to rail matters
generally (49 U.S.C. Chapter 3 (section
301 et seq). and 49 U.S.C. 102).
(g) Carry out the functions vested in
the Secretary by 45 U.S.C. Ch. 15
(section 601 et seq.) with respect to
emergency rail services, except the
authority to make findings required by
45 U.S.C. 662(a) and the authority to
sign guarantees of certificates issued by
trustees.
(h) Carry out the functions vested in
the Secretary by 45 U.S.C. chapter 17
(section 801 et seq.) with respect to
railroad revitalization and regulatory
reform and the Railroad Rehabilitation
and Improvement Financing program.
(i) Carry out the functions vested in
the Secretary by 45 U.S.C. chapter 21
(section 1201 et seq.) related to the
Alaska Railroad transfer.
(j) Except as delegated to the Under
Secretary of Transportation for Policy by
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19839
§ 1.25, carry out the functions vested in
the Secretary by 49 U.S.C. 5121–5124
relating to the transportation or
shipment of hazardous materials by
railroad.
(k) Carry out the functions vested in
the Secretary by section 7 of Executive
Order 12580 (delegating sections 108
and 109, respectively, of the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 as amended (49 U.S.C. 9615
et seq.), insofar as they relate to rolling
stock.
(l) Carry out the functions vested in
the Secretary by 33 U.S.C. 493, relating
to disputes over the terms and
compensation for use of railroad bridges
built under that statute.
(m) Carry out the functions vested in
the Secretary by 49 U.S.C. 5701 with
respect to transportation of food and
other products by railroad.
(n) Carry out the functions vested in
the Secretary by 23 U.S.C. 322
(Magnetic Levitation Transportation
Technology Deployment Program).
(o) Carry out the functions vested in
the Secretary by sections 1307 (see note
to 23 U.S.C. 322), and 1946 of
SAFETEA–LU as they relate to
deployment of magnetic levitation
transportation projects and a study of
rail transportation and regulation.
(p) Carry out the function vested in
the Secretary by the Bankruptcy Code
(11 U.S.C. 1163), which relates to the
nomination of trustees for rail carriers in
reorganization, with the concurrence of
the Office of the General Counsel.
(q) Carry out the functions vested in
the Secretary by 23 U.S.C. 327, as it
relates to railroad projects.
(r) Carry out the functions vested in
the Secretary by the sections 1318(d)
and 1534 of Moving Ahead for Progress
in the 21st Century Act (Pub. L. 112–
141, 126 Stat. 405), as they relate to
railroads.
(s) Carry out the functions vested in
the Secretary by section 2(d)(2) of
Executive Order 12777, with respect to
rail transportation, relating to the
approval of means to ensure the
availability of private personnel and
equipment to remove, to the maximum
extent practicable, a worst case
discharge, the review and approval of
response plans, and the authorization of
railroads to operate without approved
response plans.
§ 1.90
The Federal Transit Administration.
Is responsible for:
(a) Providing grants that support the
development of safe, comprehensive
and coordinated public transportation
systems;
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(b) Creating and implementing a
national public transportation safety
program that includes the development
of safety practices and standards;
(c) Assisting public transportation
systems to achieve and maintain their
infrastructure, equipment and vehicles
in a state of good repair;
(d) Promoting the environmental
benefits of public transportation through
continuing, cooperative, and
comprehensive planning that improves
the performance of the intermodal
transportation system.
(e) Supporting research, development,
demonstration, and deployment projects
dedicated to assisting in the delivery of
safe, efficient and effective public
transportation service;
(f) Supporting, in coordination with
FHWA and FRA, strong connections
between public transportation and other
modes of transportation, including
bicycle/pedestrian facilities and stationarea development that strengthen local
communities; and
(g) Maximizing the positive impacts
on the U.S. economy by encouraging
domestic manufacturing on transit
projects through the enforcement of Buy
America provisions.
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§ 1.91 Delegations to the Federal Transit
Administrator.
The Federal Transit Administrator is
delegated authority to carry out the
following:
(a) Chapter 53 of title 49, United
States Code, and notes thereto.
(b) Sections 3 and 9 through 15 of the
National Capital Transportation Act of
1969 (Pub. L. 91–143, 83 Stat. 320), as
amended (DC Code, section 9–1101.01
et seq.).
(c) Sections of title 23, United States
Code, and notes thereto that involve
public transportation projects, including
those provisions that pertain to
planning, environmental reviews and
use of historic resources for public
transportation projects.
(d) Section 303 of title 49, United
States Code, as it involves public
transportation projects.
(e) The following sections of Moving
Ahead for Progress in the 21st Century
Act (Pub. L. 112–141, 126 Stat. 405):
(1) Sections 1315 [23 U.S.C. 109 note],
1316 [23 U.S.C. 109 note], 1317 [23
U.S.C. 109 note], 1318 [23 U.S.C. 109
note], and 1321, as they relate to public
transit projects; and
(2) Sections 20005(b) [49 U.S.C. 5303
note], 20008(b) [49 U.S.C. 5309 note],
20013(b) [49 U.S.C. 5315 note], 20017(b)
[49 U.S.C. 5324 note], 20021(b), and
20025(b) [49 U.S.C. 5335 note].
(f) Section 601 of the Passenger Rail
Investment and Improvement Act of
2008 (Pub. L. 110–432, Div. B).
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§ 1.92
The Maritime Administration.
Is responsible for:
(a) Fostering the development and
maintenance of a United States
merchant marine sufficient to meet the
needs of the national security and of the
domestic and foreign commerce of the
United States;
(b) Operating the U.S. Merchant
Marine Academy in order to train
officers for the Nation’s merchant
marine;
(c) Promoting development of ports
and intermodal transportation systems
through investments in port
infrastructure via grant programs and
America’s Marine Highway program;
(d) Promoting the growth and
modernization of the U.S. merchant
marine and U.S. shipyards by
administering loan and guarantee
programs;
(e) Overseeing the administration of
cargo preference statutes;
(f) Maintaining custody of, operating,
and preserving ships in the National
Defense Reserve Fleet as well as other
vessels under the custody of MARAD
and managing, maintaining and
operating its Ready Reserve Force
component;
(g) Conducting research and
development to improve and promote
the waterborne commerce of the United
States.
§ 1.93 Delegations to the Maritime
Administrator.
The Maritime Administrator is
delegated authority to:
(a) Carry out the functions and
exercise the authorities vested in the
Secretary under Subtitle V of title 46,
U.S.C., except for 46 U.S.C. 51303 and
55601(c) and (d);
(b) Carry out the functions and
exercise the authorities vested in the
Secretary under Subtitle III of title 46,
U.S.C.;
(c) Carry out the functions and
exercise the authorities vested in the
Secretary under the Merchant Ship
Sales Act of 1946, as amended (50
U.S.C. App. 1735 et seq.);
(d) Carry out the functions and
exercise the authorities vested in the
Secretary under 50 U.S.C. App 1744
with respect to the National Shipping
Authority;
(e) 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, Public Law 81–152, 63 Stat.
377, and delegated to the Secretary of
Transportation by the Administrator of
General Services on March 23, 2000,
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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.
(f) Carry out the functions and
exercise the authorities 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 Maritime
Administration when engaged in
noncommercial service;
(g) Carry out the functions vested in
the Secretary by 40 U.S.C. 554 relating
to authority to convey surplus real
property to public entities for use in the
development or operation of port
facilities;
(h) Carry out the following powers
and duties and exercise the authorities
vested in the Secretary by the
Deepwater Port Act of 1974, Public Law
93–627, as amended (33 U.S.C. 1501 et
seq.):
(1) Section 4: The authority to issue,
transfer, amend, or reinstate a license
for the construction and operation of a
deepwater port (33 U.S.C. 1503(b));
(2) Section 4: The authority to process
applications for the issuance, transfer,
amendment, or reinstatement of a
license for the construction and
operation of a deepwater port (33 U.S.C.
1503(b)), in coordination with the
Commandant of the Coast Guard;
(3) Section 5(h)(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));
(4) Section 4: Make Adjacent Coastal
State designations pursuant to 33 U.S.C.
1508(a)(2);
(5) Section 11: 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);
(6) Section 16(b): Submission of
notice of the commencement of a civil
suit (33 U.S.C. 1515(b));
(7) Section 16(c): Intervention in any
civil action to which the Secretary is not
a party (33 U.S.C. 1515(c));
(8) Sections 8(b), 12: Authority to
request the Attorney General to seek the
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suspension or termination of a
deepwater port license and to initiate a
proceeding before the Surface
Transportation Board (33 U.S.C. 1507,
1511);
(i) Carry out the functions and
exercise the authority vested in the
Secretary by section 109 of the Maritime
Transportation Security Act of 2002,
Public Law 107–295, 116 Stat. 2064, 46
U.S.C. 70101 note, to provide training
for maritime security professionals;
(j) Exercise all the powers of the
Secretary under 49 U.S.C. 336 with
respect to civil penalties;
(k) Carry out all of the duties,
authorities and powers of the Secretary
under the Reefs for Marine Life
Conservation law, 16 U.S.C. 1220 et
seq.;
(l) In consultation and coordination
with the Office of Intelligence, Security
and Emergency Response, carry out the
functions under the Defense Production
Act of 1950, Public Law 81–774, 64 Stat.
798, as amended (50 U.S.C. app. 2061 et
seq.), that were vested in the Secretary
by Executive Order 13603 (‘‘National
Defense Resources Preparedness’’) as
such authorities relate to the use of
sealift support and port facilities, and
other maritime industry related facilities
and services, and maritime-related
voluntary agreements pursuant to
Section 708 of the Act;
(m) Carry out the functions related to
the National Defense Reserve Fleet
vested in the Secretary pursuant to 50
U.S.C. App. 1744;
(n) Carry out all of the duties,
authorities and powers of the Secretary
under the following statutes:
(1) 10 U.S.C. 2218, the National
Defense Sealift Fund;
(2) 40 U.S.C. 3134, Bond waiver
authority for certain contracts;
(3) 46 U.S.C. 501(b), Waiver of
navigation and vessel-inspection laws
and determination of non-availability of
qualified U.S. flag vessels;
(4) 46 U.S.C. 3316, granting authority
to appoint a representative to Executive
Board of the American Bureau of
Shipping (ABS);
(5) 46 U.S.C. 12119(a)(5), authority to
waive or reduce the qualified
proprietary cargo requirements and
determine citizenship;
(6) 50 U.S.C. 196, Emergency foreign
vessel acquisition; purchase and
requisition of vessels lying idle in
United States waters;
(7) 50 U.S.C. 197, Voluntary purchase
or charter agreement;
(8) 50 U.S.C. 198, granting authority
over requisitioned vessels;
(o) Carry out all of the duties,
authorities and powers of the Secretary
with respect to 16 U.S.C. 1220 et seq.
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(use of obsolete ships as reefs for marine
life conservation);
(p) Carry out all of the duties, powers
and authorities delegated to the
Secretary of Transportation by the
Administrator of General Services with
respect to the leasing and management
of property under 41 CFR 102–72.30,
Delegations of Authority;
(q) Carry out all of the duties,
authorities and powers vested in the
Secretary by 46 U.S.C. 70101 note, to
provide training for maritime security
professionals;
(r) Carry out the duties, authorities
and powers of the Secretary under the
following statutes:
(1) Title XV, Subtitle B of the Food,
Agriculture, Conservation, and Trade
Act of 1990, Public Law 101–624 (104
Stat. 3359, 3665), 7 U.S.C. 1421 and
Chapter 553 of Title 46, U.S.C.,
authorizing the Secretary to designate
‘‘American Great Lakes’’ vessels that are
exempt from the restrictions relating to
the carriage of preference cargoes;
(2) 46 U.S.C. 2302(e) (determination
of substandard vessels);
(3) Section 304(a) of Coast Guard and
Maritime Transportation Act of 2006, 33
U.S.C. 1503(i), a program to promote
liquefied natural gas tanker
transportation;
(4) Section 306 of Public Law 111–
281, concerning the phaseout of vessels
supporting oil and gas development;
(s) Carry out the functions and
exercise the authorities vested in the
President by Section 1019 of John
Warner National Defense Authorization
Act for Fiscal Year 2007 (Pub. L. 109–
364) and delegated to the Secretary by
the President;
(t) Lead efforts pertaining to civil
emergency planning for sealift support
for North Atlantic Treaty Organization
(NATO) operations, including
coordinating DOT representation on
sealift-related committees, in
coordination with the Office of
Intelligence, Security and Emergency
Response;
(u) Carry out the duties, functions,
authorities, and powers of the Secretary
under 49 U.S.C. 109(e), (f), (h), (j)(3);
(v) Carry out all of the duties,
authorities, and powers of the Secretary
of Transportation, with respect to
matters involving the Clarification Act,
Public Law 78–17, 57 Stat. 45, as
amended (50 U.S.C. App. 1291);
(w) Carry out all of the duties,
authorities, and powers of the Secretary
under 46 U.S.C. 12102(d).
§ 1.94 The National Highway Traffic Safety
Administration.
Is responsible for:
(a) In highway safety, setting uniform
guidelines for a coordinated national
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highway safety formula grant program
carried out by the States and local
communities; conducting research and
development activities, including
demonstration projects and the
collection and analysis of highway and
motor vehicle safety data and related
information; administering highway
safety grant programs to encourage State
efforts in such areas as occupant
protection, impaired and distracted
driving, traffic safety data information
system improvements, motorcyclist
safety, child safety restraints, and
graduated driver’s licensing;
determining State compliance with
highway traffic safety law requirements;
administering a nationwide high
visibility enforcement program;
administering the National Driver
Register; and leading and coordinating
efforts to establish, expand, and
improve State, local, tribal, and regional
emergency medical services and 9–1–1
systems.
(b) In motor vehicle safety,
establishing and enforcing safety
standards and regulations for the
manufacture and importation of motor
vehicles and motor vehicle equipment;
conducting research, development, and
testing concerning motor vehicle safety,
including vehicle-to-vehicle and
vehicle-to-infrastructure technologies
and other new or advanced vehicle
technologies; and investigating safetyrelated defects and non-compliance in
motor vehicles and motor vehicle
equipment and administering related
recalls.
(c) In automobile fuel economy,
establishing automobile fuel economy
standards for passenger and nonpassenger automobiles and fuel
efficiency standards for medium and
heavy vehicles.
(d) In consumer protection and
information, establishing requirements
and carrying out programs for passenger
motor vehicle information, such as the
New Car Assessment Program; bumper
standards for passenger motor vehicles;
odometer requirements; and passenger
motor vehicle theft prevention
standards.
§ 1.95 Delegations to the National Highway
Traffic Safety Administrator.
The National Highway Traffic Safety
Administrator is delegated authority to:
(a) Exercise the authority vested in the
Secretary under chapters 301, 303, 321,
323, 325, 327, 329, and 331, of Title 49,
U.S.C., except for 49 U.S.C. 32916(b).
(b) Exercise the authority vested in
the Secretary by 49 U.S.C. 20134(a) with
respect to laws administered by the
National Highway Traffic Safety
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Administration pertaining to highway,
traffic and motor vehicle safety.
(c) Carry out, in coordination with the
Federal Motor Carrier Safety
Administrator, the authority vested in
the Secretary by subchapter III of
chapter 311 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.
(d) Carry out the Highway Safety Act
of 1966, as amended (Pub. L. 89–564, 80
Stat. 731), for highway safety programs,
research, and development except those
relating to highway design, construction
and maintenance, traffic control
devices, identification and surveillance
of crash locations, and highway-related
aspects of pedestrian safety.
(e) Exercise the authority vested in the
Secretary under chapter 4 of title 23,
U.S.C., except for 23 U.S.C. 409.
(f) Carry out the functions and
exercise the authority vested in the
Secretary for the following provisions of
title 23, U.S.C. (with respect to matters
within the primary responsibility of the
National Highway Traffic Safety
Administration): 153, 154, 158, 161,
163, 164, and 313 (Buy America).
(g) Carry out the consultation
functions vested in the Secretary by
Executive Order 11912, as amended
(‘‘Delegation of Authorities Relating to
Energy Policy and Conservation’’)
relating to automobiles.
(h) Exercise the authority vested in
the Secretary by section 210(2) of the
Clean Air Act, Public Law 90–148, as
amended [42 U.S.C. 7544(2)].
(i) Carry out the functions and
exercise the authority vested in the
Secretary by the following sections of
the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users, Public Law 109–59:
(1) Section 1906 [23 U.S.C. 402 note],
relating to the grant program to prohibit
racial profiling;
(2) Section 2010 [23 U.S.C. 402 note],
relating to motorcyclist safety;
(3) Section 2011 [23 U.S.C. 405 note],
relating to child safety and child booster
seat incentive grants;
(4) Section 10202 [42 U.S.C. 300d–4],
relating to emergency medical services,
as amended by section 31108 of the
Moving Ahead for Progress in the 21st
Century Act, Public Law 112–141;
(5) Section 10305(b) [49 U.S.C. 30101
note], relating to the publication of nontraffic incident data collection; and
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(6) Section 10309(a), relating to the
testing of 15-passenger van safety.
(j) Carry out the following functions
and exercise the authority vested in the
Secretary under the Energy
Independence and Security Act of 2007
(Pub. L. 110–140):
(1) Section 106 [49 U.S.C. 32902
note], relating to the continued
applicability of existing standards;
(2) Section 107 [49 U.S.C. 32902
note], relating to the National Academy
of Sciences studies;
(3) Section 108, relating to the
National Academy of Sciences study of
medium-duty and heavy-duty truck fuel
economy;
(4) Section 110 [49 U.S.C. 32908
note], relating to the periodic review of
accuracy of fuel economy labeling;
(5) Section 113 [49 U.S.C. 32904
note], relating to the exemption from
separate calculation requirement;
(6) Section 131(b)(2) and (c)(1) [42
U.S.C. 17011(b)(2), (c)(1)], relating to the
Plug-in Electric Drive Vehicle Program;
(7) Section 225(a), relating to the
study of optimization of flexible fueled
vehicles to use E–85 fuel;
(8) Section 227(a), relating to the
study of optimization of biogas used in
natural gas vehicles;
(9) Section 242 [42 U.S.C. 17051],
relating to renewable fuel dispenser
requirements; and
(10) Section 248(a) [42 U.S.C.
17054(a)], relating to biofuels
distribution and advanced biofuels
infrastructure.
(k) Carry out the functions and
exercise the motor vehicle safety
authority vested in the Secretary under
section 7103 of the Transportation
Equity Act for the 21st Century, Public
Law 105–178.
(l) Carry out the functions and
exercise the motor vehicle safety
authority vested in the Secretary under
sections 3(d), 10, 11 and 13 through 17
[uncodified provisions] of the
Transportation Recall Enhancement,
Accountability, and Documentation
(TREAD) Act, Public Law 106–414.
(m) Carry out the functions and
exercise the motor vehicle safety
authority vested in the Secretary under
Anton’s Law, Public Law 107–318.
(n) Carry out the functions and
exercise the motor vehicle safety
authority vested in the Secretary under
the Cameron Gulbransen Kids
Transportation Safety Act of 2007 or the
K.T. Safety Act of 2007, Public Law
110–189.
(o) Carry out the functions and
exercise the motor vehicle safety
authority vested in the Secretary under
the Pedestrian Safety Enhancement Act
of 2010, Public Law 111–373.
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(p) Carry out the functions and
exercise the authority vested in the
Secretary by the following sections of
the Moving Ahead for Progress in the
21st Century Act, Public Law 112–141:
(1) Sections 31101(d) and (f) (23
U.S.C. 402 note), Authorization of
Appropriations;
(2) Sections 31203(b), Civil Penalty
Criteria Rule, 31301, Public Availability
of Recall Information, 31302, NHTSA
Outreach to Manufacturer, Dealer, and
Mechanic Personnel, 31309(a), Study of
Crash Data Collection, 31401, NHTSA
Electronics, Software, and Engineering
Expertise, 31402, Electronics Systems
Performance, 31501, Child Safety Seats,
31502, Child Restraint Anchorage
Systems, 31503, Rear Seat Belt
Reminders, 31504, Unattended
Passenger Reminders, 31505, New
Deadline, and 31601, Rulemaking on
Visibility of Agricultural Equipment;
(3) Section 32201, Crashworthiness
Standards; and
(4) Sections 32703, Regulations for
Improved Occupant Protection,
Passenger Evacuation, and Crash
Avoidance, 32704, Fire Prevention and
Mitigation, 32705, Occupant Protection,
Collision Avoidance, Fire Causation,
and Fire Extinguisher Research and
Testing, and 32706, Concurrence of
Research and Rulemaking.
(q) Carry out the functions and
exercise the authority vested in the
Secretary to implement section 3(g)–(h)
of the Automobile Information
Disclosure Act (Pub. L. 85–506, 72 Stat.
325), as amended (15 U.S.C. 1232(g)–
(h)).
§ 1.96 The Pipeline and Hazardous
Materials Safety Administration.
Is responsible for:
(a) Pipelines. (1) Administering a
national program of safety in natural gas
and hazardous liquid pipeline
transportation including identifying
pipeline safety concerns, developing
uniform safety standards, and
promulgating and enforcing safety
regulations;
(2) Increasing the gas and liquid
pipeline industry’s focus on safety
beyond compliance with minimum
standards, with particular attention to
developing strong safety cultures in
regulated entities;
(3) Enhancing information awareness
systems at the State and local levels to
reduce pipeline damage from excavation
and providing grants to support these
systems; and
(4) Encouraging the timely
replacement of aging and deteriorating
pipelines in distribution systems,
especially in areas with high potential
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negative consequences to public safety
and the environment.
(b) Hazardous materials. (1)
Administering a national program of
safety, including security, in multimodal hazardous materials
transportation including identifying
hazardous materials safety concerns,
developing uniform safety standards,
and promulgating and enforcing safety
and security regulations; and
(2) Conducting outreach and provide
available grants assistance to increase
awareness and emergency preparedness.
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§ 1.97 Delegations to the Pipeline and
Hazardous Materials Safety Administrator.
The Pipeline and Hazardous Materials
Safety Administrator is delegated
responsibility to:
(a) Pipelines. (1) Exercise the
authority vested in the Secretary under
chapter 601 of title 49, U.S.C.
(2) Exercise the authority vested in
the Secretary under section 28 of the
Mineral Leasing Act, as amended (30
U.S.C. 185(a) and 30 U.S.C. 185(w)(3)).
(3) Exercise the authority vested in
the Secretary under section 21 of the
Deepwater Port Act of 1974, as amended
(33 U.S.C. 1520) relating to the
establishment, enforcement and review
of regulations concerning the safe
construction, operation or maintenance
of oil or natural gas pipelines on Federal
lands and the Outer Continental Shelf.
(4) Carry out the functions vested in
the Secretary by section 5 (as it relates
to pipelines not over navigable
waterways) and section 8(a) (as it relates
to pipelines) of the International Bridge
Act of 1972 (Pub. L. 92–434, 86 Stat.
731) (33 U.S.C. 535c and 535e(a)).
(5) Exercise the authority vested in
the Secretary under the Outer
Continental Shelf Lands Act, as
amended (43 U.S.C. 1331 et seq.) with
respect to the establishment,
enforcement and review of regulations
concerning pipeline safety.
(6) Carry out the functions vested in
the Secretary by section 7 of Executive
Order 12580 (delegating sections 108
and 109, respectively, of the
Comprehensive Environmental
Response, Compensation, and Liability
Act of 1980 as amended (49 U.S.C. 9615
et seq.), insofar as they relate to
pipelines.
(7) Exercise the authority vested in
the Secretary by 49 U.S.C. 60301 as it
relates to pipeline safety user fees.
(8) Exercise the authority vested in
the Secretary by 49 U.S.C. 6101 et seq.
as it relates to pipeline damage
prevention One Call programs.
(9) Exercise the authority vested in
the Secretary by the Pipeline Safety
Improvement Act of 2002 (Pub. L. 107–
355, 116 Stat. 2985).
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(10) Exercise the authority vested in
the Secretary by the Pipeline Safety,
Regulatory Certainty, and Job Creation
Act of 2011 (Pub. L. 112–90).
(b) Hazardous materials. Except as
delegated to the Under Secretary of
Transportation for Policy by § 1.25:
(1) Carry out the functions vested in
the Secretary by 49 U.S.C. 5121(a), (b),
(c), (d) and (e), 5122, 5123, and 5124,
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) Participate, with the Administrator
of the Federal Aviation Administration,
in the Dangerous Goods Panel at the
International Civil Aviation
Organization, under the authority vested
in the Secretary by 49 U.S.C. 5120; and
(3) Carry out, in coordination with the
Administrators of the Federal Aviation
Administration (for matters relating to
the transport of hazardous materials by
aircraft), the Federal Motor Carrier
Safety Administration (for matters
relating to the transport of hazardous
materials by public highway), and the
Federal Railroad Administration (for
matters relating to the transport of
hazardous materials by rail), 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 §§ 1.83(d)(2) and (3) (FAA)
and 1.87(d)(2) (FMCSA) and by
paragraph 2(99) of Department of
Homeland Security Delegation No.
0170.
(4) Exercise the authority vested in
the Secretary by sections 33005 (49
U.S.C. 5121 note), 33006, 33008 (49
U.S.C. 5121 note), 33009(b)(2) (49 U.S.C.
5121 note), and 33012 (49 U.S.C. 5117
note) of the Moving Ahead for Progress
in the 21st Century Act (Pub. L. 112–
141, 126 Stat. 405).
(c) Exercise the authority delegated to
the Secretary in the following sections
of Executive Order 12777:
(1) Section 2(b)(2) relating to the
establishment of procedures, methods,
equipment and other requirements to
prevent discharges from, and to contain
oil and hazardous substances in,
pipelines, motor carriers, and railroads;
and
(2) Section 2(d)(2) 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 et seq.), to prepare and
submit response plans. For pipelines
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subject to the Federal Water Pollution
Control Act, 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.
§ 1.98 The Research and Innovative
Technology Administration.
Is responsible for:
(a) Coordinating, facilitating, and
reviewing the Department’s research
and development programs and
activities, except as related to NHTSA;
(b) After consultation with Operating
Administration and OST offices, making
recommendations to the Secretary on all
Operating Administration and OST
research budgets;
(c) Providing leadership on technical,
navigation, communication, and
systems engineering activities, and
spectrum management on behalf of the
civil and civilian PNT communities;
(d) Directing and administering
university transportation research
grants;
(e) In coordination with FHWA,
NHTSA, and FMCSA, conducting
vehicle-to-vehicle and vehicle-toinfrastructure research;
(f) Advancing Intelligent
Transportation Systems (ITS) research
and deployment of real-time multimodal travel information for travelers,
carriers, and public agencies;
(g) Providing oversight of the
activities of the Volpe National
Transportation Systems Center, the ITS
Joint Program Office, the Bureau of
Transportation Statistics, and the
Transportation Safety Institute; and
(h) Providing technical support to
advance the mission of the Secretary’s
Safety Council.
§ 1.99 Delegations to the Research and
Innovative Technology Administrator.
The Research and Innovative
Technology Administrator is delegated
authority for the following:
(a) Coordination of departmental
research and development programs
and activities. (1) Coordinate, facilitate,
and review all departmental research
and development programs and
activities, except those carried out by
the National Highway Traffic Safety
Administration, as described in section
4(b) of the Norman Y. Mineta Research
and Special Programs Improvement Act
(Pub. L. 108–426, 118 Stat. 2423).
(2) After consultation with Operating
Administration and OST offices, RITA
shall make recommendations to the
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Secretary on all Operating
Administration and OST research
budgets.
(b) 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
federal, state and local 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, the National
Science and Technology Council, and
the President’s Committee of Advisors
on Science and Technology.
(3) 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 (15 U.S.C. 3710a), relating to the
transfer of Federal technology to the
marketplace; and section 12(d) of the
National Technology Transfer and
Advancement Act of 1996 (Pub. L. 104–
113), as implemented by OMB Circular
A–119: Federal Participation in the
Development and Use of Voluntary
Consensus Standards and in Conformity
Assessment Activities.
(4) Serve as Chair and Executive
Secretary of the Department of
Transportation’s Research, Development
and Technology Planning Council and
Planning Team.
(5) Advocate Department of
Transportation policy and program
coordination efforts associated with
transportation research.
(6) Represent the Department of
Transportation on departmental,
national and international committees
and meetings dealing with
transportation research and
development (R & D).
(7) Manage the strategic planning
process for transportation R & D across
the Department of Transportation and,
through the National Science and
Technology Council, across the Federal
Government.
(8) Carry out the transportation
research and development strategic
planning function vested in the
Secretary by 23 U.S.C. 508.
(9) Conduct transportation systemlevel assessments and policy research.
(10) Facilitate the creation of
transportation public/private
partnerships.
(11) Foster innovation in the
transportation sector.
(12) Disseminate information on
departmental, national, and
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international transportation R & D
activities.
(13) Provide legal support for
Departmental intellectual property and
patent issues.
(14) Manage department- and
government-wide (inter/multimodal)
transportation R & D programs.
(15) Oversee such advisory boards
that deal with transportation systemlevel R & D assessments and issues,
such as the Transportation Research
Board Committee on the Federal
Transportation R & D Strategic Planning
Process.
(c) Advanced vehicle technology.
Carry out the functions vested in the
Secretary by section 5111 of the
Transportation Equity Act for the 21st
Century (49 U.S.C. 5506), as extended
by the Surface Transportation Extension
Act of 2004, Part V, Public Law 108–
310, September 30, 2004, 118 Stat. 1144,
and section 5513(j) of SAFETEA–LU.
(d) Remote sensing technology. Carry
out the functions vested in the Secretary
by section 5113 of the Transportation
Equity Act for the 21st Century (23
U.S.C. 502 Note), as extended by the
Surface Transportation Extension Act of
2004, Part V, Public Law 108–310,
September 30, 2004, 118 Stat. 1144, and
section 5506 of SAFETEA–LU.
(e) University transportation research.
Carry out the functions vested in the
Secretary by section 5110 of the
Transportation Equity Act for the 21st
Century (49 U.S.C. 5505), as extended
by the Surface Transportation Extension
Act of 2004, Part V, Public Law 108–
310, September 30, 2004, 118 Stat. 1144,
and sections 5401 and 5402 of
SAFETEA–LU.
(f) Volpe National Transportation
Systems Center. Exercise the authority
vested in the Secretary with respect to
the activities of the Volpe National
Transportation Systems Center as
described in 49 U.S.C. 112(d)(1)(E) and
carry out the functions vested in the
Secretary by 49 U.S.C. 328 with respect
to the working capital fund for financing
the activities of the Volpe National
Transportation Systems Center.
(g) Exercise authority over the
Transportation Safety Institute.
(h) Carry out the functions vested in
the Secretary by 49 U.S.C. 111 relating
to transportation statistics, analysis, and
reporting.
(i) Carry out the functions vested in
the Secretary by 49 U.S.C. 5503(d)
(Office of Intermodalism).
(j) Aviation information. (1) Carry out
the functions vested in the Secretary by
49 U.S.C. 329(b)(1) relating to the
collection and dissemination of
information on civil aeronautics.
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(2) Carry out the functions vested in
the Secretary by section 4(a)(7) of the
Civil Aeronautics Board Sunset Act of
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.
(3) Carry out the functions vested in
the Secretary by: 49 U.S.C. 40113
(relating to taking such actions and
issuing such regulations as may be
necessary to carry out its air commerce
and safety responsibilities), 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.
(k) Hazardous materials information.
In coordination with the Under
Secretary, work with the Operating
Administrations to determine data
needs, collection strategies, and
analytical techniques appropriate for
implementing 49 U.S.C. 5101 et seq.
(l) Carry out the functions vested in
the Secretary by section 1801(e) of
SAFETEA–LU (establishing and
maintaining a national ferry database).
(m) Carry out the functions vested in
the Secretary by section 5513(c), (d), (g),
(h), (i), (l), and (m) of SAFETEA–LU
(establishing various research grants).
(n) Carry out the functions vested in
the Secretary by section 5201(m) of
SAFETEA–LU (biobased transportation
research program).
(o) Carry out the functions vested in
the Secretary by 23 U.S.C. 509
(establishing and supporting a national
cooperative freight transportation
research program).
(p) Positioning, navigation and timing
(PNT) and spectrum management. Carry
out the functions described in the
Secretarial memo of August 1, 2007,
‘‘Positioning, Navigation and Timing
(PNT) and Spectrum Management
Realignment under the Research and
Innovative Technology Administration
(RITA).’’
(q) Carry out the Secretary’s authority
to establish, operate and manage the
Nationwide Differential Global
Positioning System (NDGPS) as
described in Section 346 of Public Law
105–66 (Department of Transportation
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and Related Agencies Appropriations
Act of 1998).
§ 1.100 The Saint Lawrence Seaway
Development Corporation.
Is responsible for the development,
operation, and maintenance of that part
of the Saint Lawrence Seaway within
the territorial limits of the United States.
§ 1.101 Delegations to the 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 (Pub. L. 95–
474, 92 Stat. 1471) [33 U.S.C. 1223–
1225, 1227, and 1231–1232] as they
relate to the operation of the Saint
Lawrence Seaway.
(b) Carry out the functions vested in
the Secretary by section 5 and section
8(a) of the International Bridge Act of
1972 (Pub. L. 92–434, 86 Stat. 731) [33
U.S.C. 535c and 535e(a)] as it relates to
the Saint 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. 1902e] as it relates to ships
owned or operated by the Corporation
when engaged in noncommercial
service.
Appendix A to Part 1—Delegations and
Redelegations by Secretarial Officers
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
1. Director of Budget. The Assistant
Secretary for Budget and Programs and CFO
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.
VerDate Sep<11>2014
19:16 Apr 04, 2016
Jkt 238001
(b) Issue allotments or allocations of funds
to components of the Department.
2. 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 17658,
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
(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
PO 00000
Frm 00029
Fmt 4701
Sfmt 9990
19845
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 Federal Aviation
Administration, Federal Highway
Administration, Federal Railroad
Administration, National Highway Traffic
Safety Administration, Federal Transit
Administration, the Saint Lawrence Seaway
Development Corporation, Maritime
Administration, and Research and Innovative
Technology 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 the 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.
Issued in Washington, DC, on February 10,
2016.
Anthony R. Foxx,
Secretary of Transportation.
[FR Doc. 2016–04230 Filed 4–4–16; 8:45 am]
BILLING CODE 4910–9X–P
E:\FR\FM\05APR2.SGM
05APR2
Agencies
[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Rules and Regulations]
[Pages 19817-19845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04230]
[[Page 19817]]
Vol. 81
Tuesday,
No. 65
April 5, 2016
Part III
Department of Transportation
-----------------------------------------------------------------------
49 CFR Part 1
Organization and Delegation of Powers and Duties; Final Rule
Federal Register / Vol. 81 , No. 65 / Tuesday, April 5, 2016 / Rules
and Regulations
[[Page 19818]]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[Docket No. DOT-OST-2012-0123]
RIN 2105-AE42
Organization and Delegation of Powers and Duties
AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of the Secretary of Transportation is updating the
regulations that govern the organization of the Department of
Transportation and delegate authority from the Secretary to
departmental officers, including the Deputy Secretary, the Under
Secretary, the General Counsel, the Assistant Secretaries, the
Inspector General, and the heads of the Department's Operating
Administrations. This amendment responds to the Moving Ahead for
Progress in the 21st Century Act and the Department of Transportation
Appropriations Act, 2015, removes some delegations of authority that
were unnecessary or inaccurate, and revises some delegations of
authority to improve the description of current Department practice.
DATES: Effective April 5, 2016.
FOR FURTHER INFORMATION CONTACT: Michael A. Smith, Office of the
General Counsel (C-10), 1200 New Jersey Avenue SE., Washington, DC
20590, (202) 366-2917, michael.a.smith@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
This final rule updates the regulations that organize the
Department of Transportation and delegate authority from the Secretary
of Transportation to other departmental officials, including the Deputy
Secretary, the Under Secretary, the General Counsel, the Assistant
Secretaries, the Inspector General, and the heads of the Operating
Administrations. The purpose of this rule is to describe to the public
and other government officials how the Department operates, which
offices within the Department are responsible for which activities, and
what authority each office exercises.
This rule updates part 1 on Organization and Delegation of Powers
and Duties in two ways. First, the rule responds to the Moving Ahead
for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 405)
and the Department of Transportation Appropriations Act, 2015 (Pub. L.
113-235 div. K, tit. I, 128 Stat. 2696). The rule adds delegations for
new sources of authority from those laws. Second, the rule improves and
simplifies the existing delegations of authority. It removes some
delegations that were unnecessary or no longer described the exercise
of authority within the Department. It revises and clarifies other
delegations to more accurately describe current Department practice and
ensure consistency with relevant statutory authorities.
This final rule does not impose substantive requirements on the
public. It is ministerial and relates only to the Department's
organization, procedure, and practice. Therefore, the Department has
determined that notice and comment are unnecessary and that the rule is
exempt from prior notice and comment requirements under 5 U.S.C.
553(b)(3)(A). As these changes will not have a substantive impact on
the public, the Department does not expect to receive substantive
comments on the rule. Accordingly, under 5 U.S.C. 553(d)(3), the
Department finds good cause for this rule to be effective less than 30
days after its publication in the Federal Register.
Regulatory Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The Department has determined that this final rule is not a
significant regulatory action under Executive Order 12866 and DOT
Regulatory Policies and Procedures (44 FR 11034). It was not reviewed
by the Office of Management and Budget. There are no costs associated
with this rule.
Executive Order 13132 (Federalism)
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not have substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, the consultation requirements of Executive
Order 13132 do not apply.
Executive Order 13175 (Consultation and Coordination With Indian Tribal
Governments)
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
does not significantly or uniquely affect the communities of the Indian
tribal governments and does not impose substantial or direct compliance
costs, the funding and consultation requirements of Executive Order
13175 do not apply.
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required for this rule
under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. We
also do not believe this rule will impose any costs on small entities
because it is merely organizational in nature. I hereby certify that
this final rule will not have a significant economic impact on a
substantial number of small entities.
Paperwork Reduction Act
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) does
not require a written statement for this final rule because the rule
does not include a Federal mandate that may result in the expenditure
in any one year of $155,000,000 or more by State, local, and tribal
governments, or the private sector.
National Environmental Policy Act
The agency has analyzed the environmental impacts of this action
pursuant to the National Environmental Policy Act of 1969 (NEPA) (42
U.S.C. 4321 et seq.) and has determined that it is categorically
excluded pursuant to DOT Order 5610.1C, Procedures for Considering
Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical
exclusions are actions identified in an agency's NEPA implementing
procedures that do not normally have a significant impact on the
environment and therefore do not require either an environmental
assessment (EA) or environmental impact statement (EIS). See 40 CFR
1508.4. In analyzing the applicability of a categorical exclusion, the
agency must also consider whether extraordinary circumstances are
present that would warrant the preparation of an EA or EIS. Id.
Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the
categorical exclusions for all DOT Operating Administrations. This
action is covered by the categorical exclusion listed in the Federal
Highway Administration's implementing
[[Page 19819]]
procedures, ``[p]romulgation of rules, regulations, and directives.''
23 CFR 771.117(c)(20). The purpose of this rulemaking is to update the
regulations that govern the organization of the Department and delegate
authority from the Secretary to departmental officers and the heads of
the Department's Operating Administrations. The agency does not
anticipate any environmental impacts, and there are no extraordinary
circumstances present in connection with this rulemaking.
List of Subjects in 49 CFR Part 1
Authority delegations (Government agencies), Organization and
functions (Government agencies).
For the reasons stated in the preamble, the Department of
Transportation revises 49 CFR part 1 to read as follows:
PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES
Subpart A--General
Sec.
1.1 Overview.
1.2 Organization of the Department.
1.3 Exercise of authority.
1.4 Construction.
Subpart B--Office of the Secretary
1.11 Overview.
1.13 OST key responsibilities.
1.15 OST structure.
1.17 OST line of secretarial succession.
OST Officials
1.20 Secretary of Transportation.
1.21 Reservations of Authority to the Secretary of Transportation.
1.22 Deputy Secretary.
1.23 Delegations to the Deputy Secretary.
1.24 Under Secretary of Transportation for Policy.
1.25 Delegations to the Under Secretary of Transportation for
Policy.
1.25a Redelegations by the Under Secretary of Transportation for
Policy.
1.26 General Counsel.
1.27 Delegations to the General Counsel.
1.27a Delegations to the Career Deputy General Counsel.
1.27b Delegations to the Assistant General Counsel for General Law.
1.30 Assistant Secretaries.
1.31 Assistant Secretary for Transportation Policy.
1.32 Assistant Secretary for Aviation and International Affairs.
1.33 Chief Financial Officer and Assistant Secretary for Budget and
Programs.
1.34 Delegations to the Chief Financial Officer and Assistant
Secretary for Budget and Programs.
1.35 Assistant Secretary for Governmental Affairs.
1.36 Delegations to the Assistant Secretary for Governmental
Affairs.
1.37 Assistant Secretary for Administration.
1.38 Delegations to the Assistant Secretary for Administration.
1.38a Redelegations by the Assistant Secretary for Administration.
1.39 Executive Secretariat.
1.40 Departmental Office of Civil Rights.
1.41 Delegations to the Director of the Departmental Office of Civil
Rights.
1.42 Office of Small and Disadvantaged Business Utilization.
1.43 Delegations to the Director of the Office of Small and
Disadvantaged Business Utilization.
1.44 Office of Intelligence, Security and Emergency Response.
1.45 Delegations to the Director of the Office of Intelligence,
Security and Emergency Response.
1.46 Office of Public Affairs.
1.47 Delegations to the Assistant to the Secretary and Director of
Public Affairs.
1.48 Office of the Chief Information Officer.
1.49 Delegations to the Chief Information Officer.
1.50 Office of Drug & Alcohol Policy & Compliance.
1.60 General Authorizations and Delegations to Secretarial Officers.
Subpart C--Office of Inspector General
1.70 Overview.
1.71 Key responsibilities.
1.72 Structure.
1.73 Authority of Inspector General.
1.74 Delegations to Inspector General.
Subpart D--Operating Administrations
1.80 Overview.
1.81 Delegations to all Administrators.
1.81a Redelegation by all Administrators.
1.82 The Federal Aviation Administration.
1.83 Delegations to the Federal Aviation Administrator.
1.84 The Federal Highway Administration.
1.85 Delegations to the Federal Highway Administrator.
1.86 The Federal Motor Carrier Safety Administration.
1.87 Delegations to the Federal Motor Carrier Safety Administrator.
1.88 The Federal Railroad Administration.
1.89 Delegations to the Federal Railroad Administrator.
1.90 The Federal Transit Administration.
1.91 Delegations to the Federal Transit Administrator.
1.92 The Maritime Administration.
1.93 Delegations to the Maritime Administrator.
1.94 The National Highway Traffic Safety Administration.
1.95 Delegations to the National Highway Traffic Safety
Administrator.
1.96 The Pipeline and Hazardous Materials Safety Administration.
1.97 Delegations to the Pipeline and Hazardous Materials Safety
Administrator.
1.98 The Research and Innovative Technology Administration.
1.99 Delegations to the Research and Innovative Technology
Administrator.
1.100 The Saint Lawrence Seaway Development Corporation.
1.101 Delegations to the Saint Lawrence Seaway Development
Corporation Administrator. Appendix A to Part 1--Delegations and
Redelegations by Secretarial Officers
Authority: 49 U.S.C. 322.
PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES
Subpart A--General
Sec. 1.1 Overview.
This part describes the organization of the United States
Department of Transportation and provides for the performance of duties
imposed upon, and the exercise of powers vested in, the Secretary of
Transportation by law.
Sec. 1.2 Organization of the Department.
(a) The Secretary of Transportation is the head of the Department.
(b) The Department comprises the Office of the Secretary of
Transportation (OST), the Office of the Inspector General (OIG), and
the following Operating Administrations, each headed by an
Administrator who reports directly to the Secretary:
(1) The Federal Aviation Administration (FAA).
(2) The Federal Highway Administration (FHWA).
(3) The Federal Motor Carrier Safety Administration (FMCSA).
(4) The Federal Railroad Administration (FRA).
(5) The Federal Transit Administration (FTA).
(6) The Maritime Administration (MARAD).
(7) The National Highway Traffic Safety Administration (NHTSA).
(8) The Pipeline and Hazardous Materials Safety Administration
(PHMSA).
(9) The Research and Innovative Technology Administration (RITA).
(10) The Saint Lawrence Seaway Development Corporation (SLSDC).
Sec. 1.3 Exercise of authority.
(a) In exercising powers and performing duties delegated by this
part 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, the Under Secretary, the
General Counsel, an Assistant Secretary, the Inspector General, or an
Administrator. This includes, wherever specified, the requirement for
advance notice to, prior coordination with, or prior approval by
[[Page 19820]]
an authority other than that of the official proposing to act.
(b) Subject to the reservations of authority to the Secretary of
Transportation in Sec. 1.21, the Deputy Secretary, the Under
Secretary, the General Counsel, the Assistant Secretaries, the
Inspector General, and the Administrators exercise the powers and
perform the duties delegated to them under this part.
(c) For delegations of authority vested in the Secretary by
Executive Order 13526 (see also Executive Orders 12958 and 12065)
originally to classify documents as secret and confidential, see Sec.
8.11 of this subtitle. Previous delegations of authority to Department
of Transportation officials to originally classify information as
secret and confidential are hereby rescinded.
Sec. 1.4 Construction.
For the purposes of this part:
(a) ``Federal Aviation Administrator'' is synonymous with
``Administrator of the Federal Aviation Administration.''
(b) ``Federal Highway Administrator'' is synonymous with
``Administrator of the Federal Highway Administration.''
(c) ``Federal Motor Carrier Safety Administrator'' is synonymous
with ``Administrator of the Federal Motor Carrier Safety
Administration.''
(d) ``Federal Railroad Administrator'' is synonymous with
``Administrator of the Federal Railroad Administration.''
(e) ``Federal Transit Administrator'' is synonymous with
``Administrator of the Federal Transit Administration.''
(f) ``Maritime Administrator'' is synonymous with ``Administrator
of the Maritime Administration.''
(g) ``National Highway Traffic Safety Administrator'' is synonymous
with ``Administrator of the National Highway Traffic Safety
Administration.''
(h) ``Pipeline and Hazardous Materials Safety Administrator'' is
synonymous with ``Administrator of the Pipeline and Hazardous Materials
Safety Administration.''
(i) ``Saint Lawrence Seaway Development Corporation Administrator''
is synonymous with ``Administrator of the Saint Lawrence Seaway
Development Corporation.''
Subpart B--Office of the Secretary
Sec. 1.11 Overview.
This subpart sets forth the OST's key responsibilities, its basic
organizational structure, and the line of Secretarial succession in
time of need. It also describes the key responsibilities of OST
officials, and sets forth delegations and reservations of authority to
those officials.
Sec. 1.13 OST key responsibilities.
(a) The OST is responsible for:
(1) Providing leadership in formulating and executing well-balanced
national and international transportation objectives, policies, and
programs to ensure the Nation has safe, economically competitive
transportation systems that support U.S. interests, that are maintained
in a state of good repair, that foster environmental sustainability,
and that support livable communities;
(2) Chairing the Department's Safety Council;
(3) Stimulating and promoting research and development in all modes
and types of transportation, with special emphasis on transportation
safety;
(4) Coordinating the various transportation programs of the Federal
Government;
(5) Encouraging maximum private development of transportation
services;
(6) Providing responsive, timely, and effective liaison with
Congress and public and private organizations on transportation
matters;
(7) Providing innovative approaches to urban transportation and
environmental enhancement programs;
(8) Overseeing the Department's multimodal freight policy;
(9) Providing effective management of the Department as a whole to
ensure it achieves organizational excellence;
(10) Leading Department-wide efforts for greater transparency and
accountability;
(11) Administering the Department's Livable Communities initiative
to increase access to convenient and affordable transportation choices
and improve transportation networks that accommodate pedestrians and
bicycles;
(12) Coordinating the Department's credit and financial assistance
programs by leading the Credit Council to ensure responsible financing
for the Nation's transportation projects;
(13) Formulating and executing policies to ensure effective
operation of the Department's aviation economic program including
functions related to consumer protection and civil rights, domestic
airline licensing matters, competition oversight, airline data
collection, and review of international route negotiations and route
awards to carriers; and
(14) Leading and coordinating Federal Government transportation
fringe benefit programs.
(b) [Reserved]
Sec. 1.15 OST structure.
(a) Secretary and Deputy Secretary. The Secretary and Deputy
Secretary are assisted by the following, all of which report directly
to the Secretary:
(1) The Chief of Staff;
(2) The Executive Secretariat;
(3) The Departmental Office of Civil Rights;
(4) The Office of Small and Disadvantaged Business Utilization;
(5) The Office of Intelligence, Security and Emergency Response;
(6) The Office of Public Affairs;
(7) The Office of the Chief Information Officer; and
(8) The Office of Drug & Alcohol Policy & Compliance.
(b) The Under Secretary of Transportation for Policy, the General
Counsel, and the Assistant Secretaries for Administration, Budget and
Programs, and Governmental Affairs also report directly to the
Secretary.
(c) Office of the Under Secretary of Transportation for Policy.
This Office is composed of:
(1) The Office of the Assistant Secretary for Transportation
Policy, which includes:
(i) The Office of Policy Development, Strategic Planning and
Performance;
(ii) The Office of Infrastructure Finance and Innovation; and
(iii) The Office of the Chief Economist.
(2) The Office of the Assistant Secretary for Aviation and
International Affairs, which includes:
(i) The Office of International Transportation and Trade;
(ii) The Office of International Aviation; and
(iii) The Office of Aviation Analysis.
(d) Office of the General Counsel. This Office is composed of:
(1) The Office of General Law;
(2) The Office of International Law;
(3) The Office of Litigation;
(4) The Office of Legislation;
(5) The Office of Regulation and Enforcement;
(6) The Office of Operations, which includes the Freedom of
Information Act (FOIA) Office;
(7) The Office of Aviation Enforcement and Proceedings, which
includes the Aviation Consumer Protection Division; and
(8) The Center for Alternative Dispute Resolution.
(e) Office of the Chief Financial Officer and Assistant Secretary
for Budget and Programs. This Office is composed of:
(1) The Office of Budget and Program Performance;
(2) The Office of Financial Management;
(3) The Office of the Chief Financial Officer for the Office of the
Secretary; and
(4) The Office of Credit Oversight and Risk Management.
[[Page 19821]]
(f) Office of the Assistant Secretary for Governmental Affairs.
This Office contains the following functional areas: Congressional
Affairs and Intergovernmental Affairs; and includes a Deputy Assistant
Secretary for Tribal Government Affairs.
(g) Office of the Assistant Secretary for Administration. This
Office is composed of:
(1) The Office of Audit Relations;
(2) The Office of Human Resource Management;
(3) The Office of Hearings;
(4) The Office of Security;
(5) The Office of the Senior Procurement Executive;
(6) The Office of Financial Management and Transit Benefit
Programs; and
(7) The Office of Facilities, Information and Asset Management.
Sec. 1.17 OST line of secretarial succession.
(a) The following officials, in the order indicated, shall act as
Secretary of Transportation, in case of the absence or disability of
the Secretary, until the absence or disability ceases, or in the case
of a vacancy, until a successor is appointed. Notwithstanding the
provisions of this section, the President retains discretion, to the
extent permitted by the law, to depart from this order in designating
an acting Secretary of Transportation.
(1) Deputy Secretary.
(2) Under Secretary of Transportation for Policy.
(3) General Counsel.
(4) Chief Financial Officer and Assistant Secretary for Budget and
Programs.
(5) Assistant Secretary for Transportation Policy.
(6) Assistant Secretary for Governmental Affairs.
(7) Assistant Secretary for Aviation and International Affairs.
(8) Assistant Secretary for Administration.
(9) Administrator of the Federal Highway Administration.
(10) Administrator of the Federal Aviation Administration.
(11) Administrator of the Federal Motor Carrier Safety
Administration.
(12) Administrator of the Federal Railroad Administration.
(13) Administrator of the Federal Transit Administration.
(14) Administrator of the Maritime Administration.
(15) Administrator of the Pipeline and Hazardous Materials Safety
Administration.
(16) Administrator of the National Highway Traffic Safety
Administration.
(17) Administrator of the Research and Innovative Technology
Administration.
(18) Administrator of the Saint Lawrence Seaway Development
Corporation.
(19) Regional Administrator, Southern Region, Federal Aviation
Administration.
(20) Director, Resource Center, Lakewood, Colorado, Federal Highway
Administration.
(21) Regional Administrator, Northwest Mountain Region, Federal
Aviation Administration.
(b) Without regard to the foregoing, a person directed to perform
the duties of the Secretary pursuant to 5 U.S.C. 3347 (the Vacancies
Act) shall act as Secretary of Transportation.
OST Officials
Sec. 1.20 Secretary of Transportation.
The Secretary is the head of the Department. The Secretary
exercises oversight of all of the OST components, as well as each of
the Operating Administrations, and overall planning, direction, and
control of the Department's agenda.
Sec. 1.21 Reservations of Authority to the Secretary of
Transportation.
(a) All powers and duties that are not delegated by the Secretary
in this part, 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) The delegations of authority in subpart C (Office of the
Inspector General) and subpart D (Operating Administrations) of this
part do not extend to the following actions, authority for which is
reserved to the Secretary or the Secretary's delegatee within the
Office of the Secretary:
(1) General transportation matters.
(i) Transportation leadership authority pursuant to 49 U.S.C. 301
(Duties of the Secretary of Transportation: Leadership, consultation,
and cooperation).
(ii) Functions relating to transportation activities, plans, and
programs under 49 U.S.C. 304 (Joint activities with the Secretary of
Housing and Urban Development).
(iii) Authority to develop, prepare, coordinate, transmit, and
revise transportation investment standards and criteria under 49 U.S.C.
305 (Transportation investment standards and criteria).
(iv) Authority relating to standard time zones and advanced
(daylight) time (15 U.S.C. 260 et seq.).
(2) Legislation, rulemakings, and reports. (i) Submission to the
President, the Director of the Office of Management and Budget, or
Congress of proposals or recommendations for legislation, significant
rulemakings and related documents as authorized by law, Executive
Orders, proclamations or reorganization plans, or other Presidential
action.
(ii) Submission to the President or Congress of any report or any
proposed transportation policy or investment standards or criteria,
except with the prior written approval of the Secretary.
(iii) Submission of the annual statement on systems of internal
accounting and administrative control under the Federal Managers'
Financial Integrity Act of 1982 (FMFIA) (31 U.S.C. 3512 note).
(3) Budget and finance. (i) 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. 1108).
(ii) Approval of requests for legislation which, if enacted, would
authorize subsequent appropriations for the Department (31 U.S.C.
581b).
(iii) Transfer of the balance of an appropriation from one
operating element to another within the Department (31 U.S.C. 581c).
(iv) 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).
(4) Personnel. (i) Recommendations to the Office of Personnel
Management regarding the allocation of a position to the Senior
Executive Service (SES) or Senior Level (SL), or Scientific and
Professional Positions (ST) (5 U.S.C. 5108).
(ii) Recommendations to the Office of Personnel Management of
approval of the qualifications of any candidate for a position in the
SES or SL.
(iii) Recommendations to the Office of Personnel Management of a
Lump-Sum Incentive Award in Excess of $10,000 (5 U.S.C. 4502).
(iv) Approval of the following actions relating to Schedules A, B,
C, or D (5 CFR part 213) 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:
(A) Establishment or abolition of positions;
(B) Hires;
(C) Promotions other than quality and periodic within-grade
promotions;
[[Page 19822]]
(D) Transfer of personnel to Schedule A, B, C, or D positions or
non-career executive assignment positions, either permanently or on
detail; and
(E) Transfer of personnel from Schedule A, B, C, or D or non-career
executive assignment positions to career Civil Service positions.
(v) Approval of employment of experts or consultants.
(vi) Authority to determine the maximum limit of age for
appointment of air traffic controllers as provided by 5 U.S.C. 3307(b).
(vii) Authority to develop, coordinate, and issue wage schedules
under the Federal Wage system.
(5) Security. (i) 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) as
amended and Executive Order 12968 as amended by Executive Order 13467.
(ii) Requesting Presidential approval of a claim of executive
privilege with respect to information requested by a Congressional
committee or Member of Congress.
(iii) Making determinations prescribed by Executive Order 12968 as
amended by Executive Order 13467 and 32 CFR part 147 relating to the
adjudication and final denial of access to classified information to
industry personnel.
(iv) Making those determinations or delegations prescribed by
Executive Order 13526 that are reserved to the head of the Department.
(6) Procurement. Exercising the extraordinary authority for defense
contracts provided for in Pub. L. 85-804 [(50 U.S.C. 1431-1435)].
(7) Printing. Requesting approval of the Joint Committee on
Printing for any procurement or other action requiring Committee
approval.
(8) Interagency agreements. Executing any written interdepartmental
or interagency agreement with the head of another executive department
or agency.
(9) 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, 158, 159, 161, and 163 which are specifically delegated in
Sec. Sec. 1.85 (FHWA) and 1.95 (NHTSA).
(10) National Highway Safety Advisory Committee. Directing the
National Highway Safety Advisory Committee to meet (23 U.S.C. 404(c)).
(11) Maritime Subsidy Board. Reviewing decisions, reports, orders
and other actions of the Maritime Subsidy Board.
(12) Cash purchases of passenger transportation. The authority
under 41 CFR 301-51.100 to authorize and approve cash purchases for
emergency passenger transportation services costing more than $100.
(13) Solicitation of gifts. The implied authority to solicit gifts
associated with 49 U.S.C. 326(a).
(14) Foreign travel. Approving official travel outside of the
United States.
(15) United States Merchant Marine Academy. Pursuant to 49 U.S.C.
51303, the authority to appoint each year without competition as cadets
at the United States Merchant Marine Academy not more than 40 qualified
individuals with qualities the Secretary considers to be of special
value to the Academy.
(16) Challenges and competitions. Approving any challenge or
competition administered by any office or Operating Administration of
the Department.
(17) Committees. Approving the establishment, modification,
extension, or termination of all advisory committees (including
industry advisory committees) subject to the Federal Advisory Committee
Act (Pub. L. 92-463; 5 U.S.C. App.), and the designation of
Departmental representatives to those committees.
(18) Credit assistance approval. Granting final approval of
applications for credit assistance under the Transportation
Infrastructure Finance and Innovation Act (TIFIA), 23 U.S.C. 601-609.
Sec. 1.22 Deputy Secretary.
Along with the Secretary, the Deputy Secretary exercises oversight
of all of the OST components, as well as each of the Operating
Administrations, and overall planning, direction, and control of the
Department's agenda. The Deputy Secretary:
(a) May exercise the authority of the Secretary, except where
specifically limited by law, order, regulation, or instructions of the
Secretary;
(b) Serves as the Chief Operating Officer; and
(c) Serves as the Chief Acquisition Officer.
Sec. 1.23 Delegations to the 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 Departmental Budgeting and
Program Evaluation.
(b) Serve as Chairman of the Departmental Executive Resources Board
and its Executive Committee.
(c) Serve as the Chair of the Department's Safety Council.
(d) Serve as the Chair of the Department's Credit Council.
(e) Approve the establishment, modification, extension, or
termination of:
(1) Department-wide (intra-department) committees affecting more
than one program.
(2) OST-sponsored interagency committees.
(f) Approve the designation of:
(1) Departmental representatives and the chairman for interagency
committees sponsored by the Office of the Secretary.
(2) Departmental members for international committees.
(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 49
U.S.C. 24302.
(h) Approve the initiation of regulatory action, as defined in
Executive Order 12866, by Secretarial offices and Operating
Administrations.
Sec. 1.24 Under Secretary of Transportation for Policy.
The Under Secretary provides leadership in the Department's
development of policies and programs to protect and enhance the safety,
adequacy, and efficiency of the transportation system and services. The
Office of the Under Secretary serves as the focal point within the
Federal Government for coordination of intermodal transportation
policy, which brings together departmental intermodal perspectives,
advocates intermodal interests, and provides secretarial leadership and
visibility on issues that involve or affect more than one Operating
Administration.
Sec. 1.25 Delegations to the Under Secretary of Transportation for
Policy.
The Under Secretary is delegated the following authorities:
(a) Lead the development of transportation policy and serve as the
principal adviser to the Secretary on all transportation policy
matters.
(b) Establish policy and ensure uniform departmental implementation
of the National Environmental Policy Act of 1969, Pub. L. 91-190, as
amended (42 U.S.C. 4321-4347) within the Department of Transportation.
(c) Oversee the implementation of 49 U.S.C. 303 (Policy on lands,
wildlife and waterfowl refuges, and historic sites).
[[Page 19823]]
(d) 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 and the Trade Policy Review
Group and the Trade Policy Staff Committee.
(e) Serve as the Department's designated principal conservation
officer pursuant to section 656 of the Department of Energy
Organization Act, Pub. L. 94-91 [42 U.S.C. 7266], and carry out the
functions vested in the Secretary by section 656 of the Act, which
pertains to planning and implementing energy conservation matters with
the Department of Energy.
(f) Carry out the functions of the Secretary pertaining to aircraft
with respect to Transportation Order T-1 (44 CFR chapter IV) under the
Defense Production Act of 1950, as amended, Pub. L. 81-774, 64 Stat.
798 [50 U.S.C. App. 2061 et seq.] and Executive Order 10480, as amended
(see also Executive Order 10773 and 12919).
(g) Serve as Department of Transportation member of the Interagency
Group on International Aviation, and pursuant to Executive Order 11382,
as amended, serve as Chair of the Group.
(h) 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), as amended,
and Executive Order 12188, as amended.
(i) As supplemented by 14 CFR part 385, and except as provided in
Sec. Sec. 1.99(j) (RITA), and 1.27 (General Counsel) of this part,
carry out the functions transferred to the Department from the Civil
Aeronautics Board and other related functions and authority vested in
the Secretary under the following:
(1) Sections 40103(a)(2) (relating to the consultation with the
Architectural and Transportation Barriers Compliance Board before
prescribing regulations or procedures that will have a significant
impact on accessibility of commercial airports for handicapped
individuals), and (c) (relating to foreign aircrafts); 40105 (relating
to international negotiations, agreements, and obligations); 40109(a),
(c), (g), 46301(b) (smoke alarm penalty), (d), (f), (g) (relating to
the authority to exempt certain air carriers) and (h); 40113(a) and
(c); 40114(a) (relating to reports and records); 40115 (relating to the
withholding of information from public disclosure) of Chapter 401 of 49
U.S.C.; and 40116 (relating to the Anti-Head Tax Act);
(2) The following chapters of title 49, U.S.C., except as related
to departmental regulation of airline consumer protection and civil
rights which is delegated to the General Counsel at Sec. 1.27:
(i) Chapter 411 of title 49, U.S.C., relating to air carrier
certification;
(ii) Chapter 413 of title 49, U.S.C., relating to foreign air
transportation;
(iii) Chapter 415 of title 49, U.S.C., relating to pricing;
(iv) Chapter 417 of title 49, U.S.C., relating to the operations of
air carriers, except sections 41721-41723;
(v) Chapter 419 of title 49, U.S.C. and 39 U.S.C. 5402, relating to
the transportation of mail; and
(vi) Section 42303 of 49 U.S.C., relating to the management of the
Web site regarding the use of insecticides in passenger aircraft.
(3) Section 42111 of title 49, U.S.C. with respect to mutual aid
agreements as it relates to foreign air transportation;
(4) Chapters 461 and 463 of title 49, U.S.C., relating to aviation
investigations, proceedings, and penalties under Part A of Subtitle VII
of title 49, U.S.C. except for those sections delegated to the General
Counsel under Sec. 1.27, and to the Federal Aviation Administrator
under Sec. 1.83;
(5) Chapter 473 of title 49, U.S.C., relating to international
airport facilities.
(6) Section 11 of the Clayton Act, Pub. L. 63-212 [15 U.S.C. 21],
relating to air carriers and foreign air carriers.
(7) Section 3 of An Act to Encourage Travel in the United States,
and for other purposes, Pub. L. 76-755, 54 Stat. 773 [16 U.S.C. 18b].
(8) Sections 108(a)(4), 621(b)(5), 704(a)(5), and 814(b)(5) of the
Consumer Credit Protection Act, Pub. L. 90-321 [15 U.S.C. 1607(a)(4),
1681s(b)(5), 1691c(a)(5), and 1692l(b)(5)].
(j) Carry out the functions vested in the Secretary by 49 U.S.C.
44907(b)(1), (c), and (e) related to the security of foreign airports
in coordination with the General Counsel, the Federal Aviation
Administrator, and the Assistant Secretary for Administration.
(k) Carry out section 101(a)(2) of the Air Transportation Safety
and System Stabilization Act, Pub. L. 107-42 [49 U.S.C. 40101 note], as
delegated to the Secretary of Transportation by the President pursuant
to the Presidential Memorandum dated September 25, 2001, 3 CFR, 2001
Comp., p. 911.
(l) Exercise the authority vested in the Secretary by section 11143
of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users, Pub. L. 109-59, 119 Stat. 1144 (SAFETEA-LU),
to manage the day-to-day activities associated with implementation of
section 11143 regarding private activity bonds and tax-exempt financing
of highway projects and rail-truck facilities.
(m) In coordination with the General Counsel, carry out the duties
of the Secretary under Executive Orders 12866 and 13563 to establish
the values of time and statistical life in connection with assessing
the costs and benefits of Departmental regulatory action.
(n) Carry out the functions vested in the Secretary by 49 U.S.C.
47129, relating to resolution of disputes over the reasonableness of
fees imposed upon air carriers.
(o) Carry out the functions and exercise the authority vested in
the Secretary by 23 U.S.C. 167(f) (National Freight Strategic Plan).
Sec. 1.25a Redelegations by the Under Secretary of Transportation for
Policy.
(a) The Assistant Secretary for Transportation Policy is
redelegated authority to:
(1)(i) Redelegate and authorize successive redelegation of
authority granted in this paragraph (a) to officials within the Office
of the Assistant Secretary for Transportation Policy, except as limited
by law or specific administrative reservation.
(ii) Publish, in appendix A of this part, redelegations made under
paragraph (a)(1)(i) of this section.
(2) Establish policy and maintain oversight of implementation of
the National Environmental Policy Act of 1969, Pub. L. 91-190, as
amended (42 U.S.C. 4321-4347) within the Department of Transportation.
(3) Oversee the implementation of 49 U.S.C. 303 (Policy on lands,
wildlife and waterfowl refuges, and historic sites).
(4) 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 and the Trade Policy Review
Group and the Trade Policy Staff Committee.
(5) Serve as the Department's designated principal conservation
officer pursuant to section 656 of the Department of Energy
Organization Act, Pub. L. 94-91 [ 42 U.S.C. 7266], and carry out the
functions vested in the Secretary by section 656 of the Act, which
pertains to planning and implementing energy conservation matters with
the Department of Energy.
(6) Carry out the functions of section 42303 of 49 U.S.C., relating
to the management of the Web site regarding
[[Page 19824]]
the use of insecticides in passenger aircraft.
(7) In coordination with the General Counsel, carry out the duties
of the Secretary under Executive Orders 12866 and 13563 to establish
the value of statistical life in connection with assessing the costs
and benefits of Departmental regulatory action.
(8) Carry out the duties of the Secretary under Executive Orders
12866 and 13563 to establish the value of time in connection with
assessing the costs and benefits of Departmental regulatory action.
(b) The Assistant Secretary for Aviation and International Affairs
is redelegated authority to:
(1)(i) Redelegate and authorize successive redelegation of
authority granted in this paragraph (b) to officials within the Office
of the Assistant Secretary for Aviation and International Affairs,
except as limited by law or specific administrative reservation.
(ii) Publish, in appendix A of this part, redelegations made under
paragraph (b)(1)(i) of this section.
(2) Carry out the functions of the Secretary pertaining to aircraft
with respect to Transportation Order T-1 (44 CFR chapter IV) under the
Defense Production Act of 1950, as amended, Pub. L. 81-774, 64 Stat.
798 [50 U.S.C. App. 2061 et seq.] and Executive Order 10480, as amended
(see also Executive Order 10773 and 12919).
(3) Serve as Department of Transportation member of the Interagency
Group on International Aviation, and pursuant to Executive Order 11382,
serve as Chair of the Group.
(4) 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), as amended,
and Executive Order 12188.
(5) Represent the Department of Transportation at the Trade Policy
Committee Review Group and the Trade Policy Staff Committee, which were
established at 15 CFR part 2002 as subordinate bodies of the Trade
Policy Committee.
(6) As supplemented by 14 CFR part 385, and except as provided in
Sec. Sec. 1.99 (RITA), and 1.27 (General Counsel), carry out the
functions transferred to the Department from the Civil Aeronautics
Board and other related functions and authority vested in the Secretary
under the following provisions of Title 49, U.S.C.:
(i) Sections 40103(a)(2) (relating to the consultation with the
Architectural and Transportation Barriers Compliance Board before
prescribing regulations or procedures that will have a significant
impact on accessibility of commercial airports for handicapped
individuals), and (c) (relating to foreign aircrafts); 40105 (relating
to international negotiations, agreements, and obligations); 40109(a),
(c), (g), 46301(b) (smoke alarm penalty), (d), (f), (g) (relating to
the authority to exempt certain air carriers) and (h); 40113(a) and
(c); 40114(a) (relating to reports and records); 40115 (relating to the
withholding of information from public disclosure; and 40116 (relating
to the Anti-Head Tax Act);
(ii) The following chapters of title 49, U.S.C., except as related
to departmental regulation of airline consumer protection and civil
rights which is delegated to the General Counsel at Sec. 1.27:
(A) Chapter 411, relating to air carrier certification;
(B) Chapter 413, relating to foreign air transportation;
(C) Chapter 415, relating to pricing;
(D) Chapter 417, relating to the operations of air carriers, except
section 41721-41723;
(E) Chapter 419, and 39 U.S.C. 5402, relating to the transportation
of mail;
(iii) Section 42111 of title 49, U.S.C. with respect to mutual aid
agreements as it relates to foreign air transportation;
(iv) Chapters 461 and 463 of title 49, U.S.C., relating to aviation
investigations, proceedings, and penalties under Part A of 49 U.S.C.
Subtitle VII except for those sections delegated to the General Counsel
under Sec. 1.27, and to the Federal Aviation Administrator under Sec.
1.83;
(v) Chapter 473 of title 49, U.S.C., relating to international
airport facilities.
(vi) Section 11 of the Clayton Act, Pub. L. 63-212 [15 U.S.C. 21],
relating to air carriers and foreign air carriers.
(vii) Section 3 of An Act to Encourage Travel in the United States,
and for other purposes, Pub. L. 76-755, 54 Stat. 773 [16 U.S.C. 18b].
(viii) Sections 108(a)(4), 621(b)(5), 704(a)(5), and 814(b)(5) of
the Consumer Credit Protection Act, Pub. L. 90-321 [15 U.S.C.
1607(a)(4), 1681s(b)(5), 1691c(a)(5), and 1692l(b)(5)].
(7) Carry out the functions vested in the Secretary by 49 U.S.C.
44907(b)(1), (c), and (e) related to the security of foreign airports
in coordination with the General Counsel, the Federal Aviation
Administrator, and the Assistant Secretary for Administration.
(8) Carry out section 101(a)(2) of the Air Transportation Safety
and System Stabilization Act, Pub. L. 107-42 [49 U.S.C. 40101 note], as
delegated to the Secretary of Transportation by the President pursuant
to the Presidential Memorandum dated September 25, 2001, 3 CFR, 2001
Comp., p. 911.
(9) Carry out the functions vested in the Secretary by 49 U.S.C.
47129, relating to resolution of disputes over the reasonableness of
fees imposed upon air carriers.
Sec. 1.26 General Counsel.
The General Counsel is the chief legal officer of the Department,
legal advisor to the Secretary, and final authority within the
Department on questions of law. The Office of the General Counsel
provides legal advice to the Secretary and secretarial offices, and
supervision, coordination, and review of the legal work of the Chief
Counsel Offices in the Department. The General Counsel participates
with each Operating Administrator in the performance reviews of Chief
Counsel. The General Counsel is responsible for retention of outside
counsel, and for the approval of the hiring and promotion of
departmental attorneys (other than in the Federal Aviation
Administration). The General Counsel is also responsible for
departmental regulation under statutes including the Air Carrier Access
Act, statutes prohibiting unfair and deceptive practices in air
transportation, the Americans with Disabilities Act, the Disadvantaged
Business Enterprise program, and the Uniform Time Act. The General
Counsel coordinates all international legal matters, and departmental
participation in proceedings before other federal and state agencies.
The General Counsel provides oversight of departmental litigation,
regulation, legislation, Freedom of Information Act compliance, and
administrative enforcement.
Sec. 1.27 Delegations to the General Counsel.
The General Counsel is delegated authority to:
(a) Conduct all rulemaking proceedings under the Americans with
Disabilities Act, the Disadvantaged Business Enterprise program, and
the Uniform Time Act, as amended (15 U.S.C. 260 et seq.).
(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 (49 CFR 71.1).
(c) Issue regulations making editorial changes or corrections to
the regulations of the Office of the Secretary.
[[Page 19825]]
(d) Grant permission, under specific circumstances, to deviate from
a policy or procedure prescribed by the regulations of the Office of
the Secretary (49 CFR part 9) with respect to the 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.
(e) Respond to petitions for rulemaking or petitions for exemptions
in accordance with 49 CFR 5.13(c) (Processing of petitions), and notify
petitioners of decisions in accordance with 49 CFR 5.13(d).
(f) Provide counsel to employees on questions of conflict of
interest covered by departmental regulations on employee responsibility
and conduct.
(g) Coordinate the issuance of proposed Executive Orders and
proclamations for transmittal to the Office of Management and Budget
for action by the White House.
(h) Except with respect to proceedings relating to safety fitness
of an applicant (49 U.S.C. 307), decide on requests to intervene or
appear before courts (with the consent of the Department of Justice) or
agencies to present the views of the Department, subject to the
concurrence of the Secretary.
(i) 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. (See also Appendix 1 relating to
delegations to Operating Administration Chief Counsel).
(j) Exercise the Secretary's authority under 28 U.S.C. 2672 and 28
CFR part 14, related to the administrative disposition of federal tort
claims, for claims involving the Office of the Secretary.
(k) Compromise, suspend collection action on, or terminate claims
of the United States that are referred to, or arise out of the
activities of the Office of the Secretary of Transportation.
(l) Conduct coordination with foreign governments under section 118
of the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1428).
(m) Exercise review authority under 49 U.S.C. 41307 (related
actions about foreign air transportation) delegated to the Secretary by
the President in Executive Order 12597.
(n) Assist and protect consumers in their dealings with the air
transportation industry and conduct all departmental regulation of
airline consumer protection and civil rights pursuant to chapters 401
(General Provisions), 411 (Air Carrier Certificates), 413 (Foreign Air
Transportation), 417 (Operations of Carriers), and 423 (Passenger Air
Service Improvements) of title 49 U.S.C.
(o) Carry out the functions vested in the Secretary by 49 U.S.C.
40119(b) (Security and research and development activities), as
implemented by 49 CFR part 15 (Protection of Sensitive Security
Information), in consultation and coordination with the Office of
Intelligence, Security and Emergency Response.
(p) Appear on behalf of the Department on the record in hearing
cases, and 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 Sec. Sec. 1.25 and 1.25a
(delegations to and redelegations by the Under Secretary), and 1.99
(RITA). This includes the authority to compromise penalties under 49
U.S.C. 46301 (civil penalties); to issue appropriate orders, including
cease and desist orders, under 49 U.S.C. 46101 (complaints and
investigations); and to require the production of information, under 49
U.S.C. 41708, enter carrier property and inspect records, under 49
U.S.C. 41709, and inquire into the management of the business of a
carrier under 49 U.S.C. 41711 (Air carrier management inquiry and
cooperation with other authorities), as appropriate to the enforcement
responsibilities. In the event that such an enforcement matter comes
before the Secretary of Transportation for adjudication, the Deputy
General Counsel shall advise the Secretary.
(q) 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 (Pub. L. 98-443) [15 U.S.C.
1607(a)(4), 1681s(b)(5), 1691c(a)(5) and 1692l(b)(5)].
(r) Administer 5 U.S.C. 552 (FOIA) and 49 CFR part 7 (Public
Availability of Information) in connection with the records of the
Office of the Secretary and issue procedures to ensure uniform
departmental implementation of statutes and regulations regarding
public access to records.
(s) Prepare reports by carriers on incidents involving animals
during air transport pursuant to 49 U.S.C. 41721.
(t) Exercise authority vested in the Secretary by the Federal Civil
Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat.
890), as amended by the Debt Collection Improvement Act of 1996 (Pub.
L. 104-134, 110 Stat. 1321), to promulgate rules that adjust civil
penalties with respect to aviation enforcement.
(u) In coordination with the Under Secretary, to carry out the
duties of the Secretary under Executive Orders 12866 and 13563 to
establish the value of statistical life in connection with assessing
the costs and benefits of Departmental regulatory action.
(v) Approve the initiation of regulatory action, as defined in
Executive Order 12866, by Secretarial offices and Operating
Administrations in the event that the Deputy Secretary is absent or
otherwise unavailable to exercise such authority (see Sec. 1.23(h)).
(w) Approve requests to reclassify rulemakings as non-significant
under DOT procedures.
Sec. 1.27a Delegations to the Career Deputy General Counsel.
The career Deputy General Counsel is delegated authority to:
(a) Serve as the Department's Designated Agency Ethics Official in
accordance with 5 CFR 2638.202;
(b) Serve as the Department's Dispute Resolution Specialist
pursuant to section 3(b) of the Alternative Dispute Resolution Act of
1996, Pub. L. 104-320, 5 U.S.C. App.; and
(c) Serve as the Department's Chief FOIA Officer under 5 U.S.C.
552(j).
Sec. 1.27b Delegations to the Assistant General Counsel for General
Law.
The Assistant General Counsel for General Law is delegated
authority to serve as the Department's Alternate Agency Ethics Official
in accordance with 5 CFR 2638.202.
Sec. 1.30 Assistant Secretaries.
(a) In performing their functions, the Assistant Secretaries are
responsible for continuing liaison and coordination among themselves
and with the Operating Administrations to:
(1) Avoid unnecessary duplication of effort by or in conflict with
the performance of similar activities by the Operating Administrations
and the other Assistant Secretaries pursuant to their Secretarial
delegations of authority or other legal authorities; and
(2) Assure that the views of the Operating Administrations are
considered in developing departmental policies, plans, and proposals.
The Assistant Secretaries are also available to assist, as appropriate,
the Operating Administrations in implementing departmental policy and
programs. As primary staff advisors to the Secretary,
[[Page 19826]]
the Assistant Secretaries are concerned with transportation matters of
the broadest scope, including modal, intermodal, and other matters of
Secretarial interest.
(b) There are exceptions to the normal staff role described in
paragraph (a) of this section. In selected instances, the Secretary has
specifically delegated to Assistant Secretaries authority which they
may exercise on the Secretary's behalf.
Sec. 1.31 Assistant Secretary for Transportation Policy.
The Assistant Secretary for Transportation Policy provides policy
advice to the Secretary, the Deputy Secretary, and the Under Secretary.
The Office of the Assistant Secretary for Transportation Policy is
responsible for: Public policy development, coordination, and
evaluation for all aspects of transportation, except in the areas of
aviation and international affairs, with the goal of making the
Nation's transportation resources function as an integrated national
system; evaluation of private transportation sector operating and
economic issues; evaluation of public transportation sector operating
and economic issues; regulatory and legislative initiatives and review;
energy, environmental, disability, and safety policy and program
development and review; and transportation infrastructure assessment
and review. For delegations to the Assistant Secretary for
Transportation Policy, see Sec. 1.25a(a).
Sec. 1.32 Assistant Secretary for Aviation and International Affairs.
The Office of the Assistant Secretary for Aviation and
International Affairs is responsible for policy development,
coordination, and evaluation of issues involving aviation, as well as
international issues involving all areas of transportation; private
sector evaluation; international transportation and transport-related
trade policy and issues; regulatory and legislative initiatives and
review of maritime/shipbuilding policies and programs; transport-
related trade promotion; coordination of land transport relations with
Canada and Mexico; economic regulation of the airline industry while
placing maximum reliance on market forces and on actual and potential
competition; the essential air service program and other rural air
service programs; and, in coordination with the FAA, promotion of the
aerospace industry. For delegations to the Assistant Secretary for
Aviation and International Affairs, see Sec. 1.25a(b).
Sec. 1.33 Chief Financial Officer and Assistant Secretary for Budget
and Programs.
(a) The Chief Financial Officer (CFO) is the principal budget and
financial advisor to the Secretary and serves as Assistant Secretary
for Budget and Programs. The CFO and Assistant Secretary for Budget and
Programs provides oversight and policy guidance for all budget,
financial management, program performance, and internal control
activities of the Department and its Operating Administrations.
(b) The CFO and Assistant Secretary for Budget and Programs concurs
in the appointment and promotion of Chief Financial Officers, Budget
Officers, and Directors of Finance of the Department and its Operating
Administrations, and participates with each Administrator in the
performance reviews of Chief Financial Officers, Budget Officers, and
Directors of Finance in each of the Operating Administrations.
(c) The CFO and Assistant Secretary for Budget and Programs, in
consultation with the Chief Information Officer, may designate any
information technology system as a financial management system under
the CFO's policy and oversight area of responsibility.
(d) The CFO and Assistant Secretary for Budget and Programs serves
as the Vice Chair of the Department's Credit Council. The Office of the
Assistant Secretary supports the Department's Credit Council by
analyzing applications for the Department's various credit programs.
The CFO also oversees the TIFIA program and the TIFIA Joint Program
Office on behalf of the Secretary, including the evaluation of
individual projects, and provides overall policy direction and program
decisions for the TIFIA program.
(e) The CFO and Assistant Secretary for Budget and Programs is
responsible for preparation, review, and presentation of Department
budget estimates; liaison with the Office of Management and Budget and
Congressional Budget and Appropriations Committees; preparation of the
Department's annual financial statements; departmental financial plans,
apportionments, reapportionments, reprogrammings, and allotments;
program and systems evaluation and analysis; program evaluation
criteria; program resource plans; analysis and review of legislative
proposals and one-time reports and studies required by Congress; and
budget and financial management relating to the Office of the
Secretary.
Sec. 1.34 Delegations to the Chief Financial Officer and Assistant
Secretary for Budget and Programs.
The Chief Financial Officer and Assistant Secretary for Budget and
Programs is delegated authority to:
(a) Serve as the Department's Chief Financial Officer pursuant to
31 U.S.C. 901 (Establishment of Agency Chief Financial Officers).
(b) Exercise day-to-day operating management responsibility over
the Office of Budget and Program Performance, the Office of the OST
Chief Financial Officer, the Office of Financial Management, and the
Office of Credit Oversight and Risk Management.
(c) Direct and manage the Departmental planning, evaluation,
budget, financial management, and internal control activities.
(d) Exercise oversight and provide exclusive policy guidance to the
Enterprise Services Center (ESC) regarding all financial management
activities conducted by ESC and financial systems operated by ESC. This
authority includes concurrence with any organizational changes within
the Federal Aviation Administration that may affect financial
management operations of the ESC.
(e) 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.
(f) Issue allotments or allocations of funds to components of the
Department.
(g) 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.
(h) Issue monetary authorizations for use of reception and
representation funds.
(i) Except as otherwise delegated, establish or operate or both,
any special funds that are required by statute or administrative
determination.
(j) Exercise the Secretary's authority under 31 U.S.C. 3711 to
collect, compromise, suspend collection action on, or terminate claims
of the United States which are referred to, or arise out of the
activities of, the Office of the Secretary (excluding claims pertaining
to the Working Capital Fund), subject to the limits on that authority
imposed by 31 U.S.C. 3711 and the Federal Claims
[[Page 19827]]
Collection Standards, 31 CFR chapter IX.
(k) Exercise the Secretary's authority under the Improper Payments
Elimination and Recovery Act of 2010 (Pub. L. 111-204) (33 U.S.C. 3301
note).
(l) Exercise the Secretary's authority under the Improper Payments
Information Act of 2002 (Pub. L. 107-300) (31 U.S.C. 3321 note).
(m) Exercise the Secretary's authority under the Recovery Auditing
Act (Section 831, Defense Authorization Act for FY 2002 (Pub. L. 107-
107)).
(n) Exercise the Secretary's authority under the Federal Financial
Management Improvement Act of 1996 (31 U.S.C. 3512 note).
(o) Exercise the Secretary's authority under Federal Managers'
Financial Integrity Act of 1982 (FMFIA) (31 U.S.C. 3512 note).
(p) Exercise the Secretary's authority under the Accounting and
Auditing Act of 1950 (31 U.S.C. 3512), as amended by FMFIA.
(q) Exercise the Secretary's authority under the Government
Performance and Results Act (GPRA) (Pub. L. 103-623).
(r) Exercise the Secretary's authority under the Accountability of
Tax Dollars Act of 2002, 31 U.S.C. 3515.
(s) Exercise the Secretary's authority under the Government
Management Reform Act of 1994 (GMRA) (Pub. L. 103-356).
(t) Exercise the Secretary's authority under 5 U.S.C. 5584 and the
OMB memorandum, ``Determination with Respect to Transfer of Functions
Pursuant to Public Law 104-316'' (December 17, 1996) to waive claims of
the United States arising out of an erroneous payment to an employee of
pay or allowances, or travel, transportation, or relocation expenses
and allowances, and deny requests for waiver of such claims.
(u) Serve as the Department's Performance Improvement Officer under
31 U.S.C. 1124.
Sec. 1.35 Assistant Secretary for Governmental Affairs.
The Assistant Secretary for Governmental Affairs serves as the
Department's primary point of contact for Congressional offices, as
well as State and locally elected officials; works with other
departmental offices to ensure that Congressional mandates are fully
implemented by the Department; and works with the White House, other
Federal agencies, and Congress to fulfill the Department's legislative
priorities. The Assistant Secretary coordinates congressional and
intergovernmental activities with governmental affairs offices in the
Operating Administrations. The Assistant Secretary participates with
each Administrator in the performance reviews of the Operating
Administrations' Directors of Governmental Affairs. The Assistant
Secretary supervises the Deputy Assistant Secretary for Tribal
Government Affairs who plans and coordinates the Department's policies
and programs with respect to Indian tribes and tribal organizations.
Sec. 1.36 Delegations to the Assistant Secretary for Governmental
Affairs.
The Assistant Secretary for Governmental Affairs is delegated
authority to:
(a) Establish procedures for responding to Congressional
correspondence; and
(b) Supervise the Deputy Assistant Secretary for Tribal Government
Affairs.
Sec. 1.37 Assistant Secretary for Administration.
The Assistant Secretary for Administration is the principal advisor
to the Secretary and Deputy Secretary on Department-wide administrative
matters. The Assistant Secretary for Administration serves as the
Designated Agency Safety and Health Official. The Office of the
Assistant Secretary for Administration's responsibilities include:
Strategic management of human capital; monitoring the progress of
departmental offices related to sustainability goals; controls and
standards to ensure that procurement and financial assistance programs
are in accord with good business practice; follow-up and resolution of
Government Accountability Office and Inspector General audit reviews;
information resource management; property management information;
facilities; and security. The Assistant Secretary for Administration is
responsible for recommending performance objectives for the Operating
Administrations' Directors of Human Resources.
Sec. 1.38 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 or an Operating
Administration, if requested under an agreement with that Operating
Administration.
(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) Except as delegated to the National Highway Traffic Safety
Administrator by Sec. 1.95, carry out the functions vested in the
Secretary by section 3 of Executive Order 11912 (``Delegation of
Authorities Relating to Energy Policy and Conservation''), as amended.
(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.
(5) Carry out the duties and responsibilities of agency head for
departmental procurement within the meaning of the Federal Acquisition
Regulation. This authority as agency head for departmental procurement
excludes duties, responsibilities, and powers expressly reserved for
the Secretary of Transportation.
(6) Serve as Deputy Chief Acquisition Officer.
(7) Provide departmental guidance on grants, cooperative
agreements, and other financial assistance transactions, but not
including loans, loan guarantees, interest subsidies, or insurance.
(8) Issue departmental procurement regulations, subject to
coordination with the General Counsel and interested Operating
Administrations. In commenting upon proposed provisions for the
procurement regulations, the Operating Administrations will indicate
the nature and purpose of any additional implementing or supplementing
policy guidance which they propose to issue at the Operating
Administration level.
(b) Personnel. (1) Conduct a personnel management program for the
Office of the Secretary of Transportation, with authority to take,
direct others to take, recommend or approve any personnel action with
respect to such authority.
(2) Serve as Vice Chair of the Departmental Executive Resources
Board.
(3) Exercise emergency authority to hire without the prior approval
of the 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 verify the essentiality of the position.
(5) Approve employment of experts and consultants in accordance
with 5 U.S.C. 3109.
(6) Provide policy and overall direction in the execution of the
DOT Labor-Management Relations Program.
[[Page 19828]]
(7) Develop and operate the Federal Employee Workplace Drug and
Alcohol Testing Program in accordance with Executive Order 12564 and
The Omnibus Transportation Employee Testing Act of 1991, Public Law
102-143, Title V.
(8) Serve as the Chief Human Capital Officer:
(i) Oversee, direct, and execute all authorities included in the
Chief Human Capital Officers Act of 2002 (5 U.S.C. 1401 et seq.); and
(ii) Advise the Secretary on the Department's human capital needs
and obligations, and implement all related rules and regulations of the
President and the Office of Personnel Management, and all laws
governing human resource management.
(9) Serve as the Telework Managing Officer under 5 U.S.C. 6505.
(c) Sustainability. (1) Responsible for ensuring that the
Department meets its sustainability goals pursuant to the Energy
Independence and Security Act (EISA) of 2007 (Pub. L. 110-140); the
Energy Policy Act of 2005 (Pub. L. 109-58); and Executive Order 13693
(``Planning for Federal Sustainability in the Next Decade'').
(2) Serve as the Chief Sustainability Officer under Executive Order
13693.
(d) Finance. (1) Settle and pay claims by employees of the Office
of the Secretary for personal property losses as provided by 31 U.S.C.
3721.
(2) Oversee the Working Capital Fund for the Office of the
Secretary, established by 49 U.S.C. 327.
(3) Exercise the Secretary's authority under 31 U.S.C. 3711 to
collect, compromise, suspend collection action on, or terminate claims
of the United States which are referred to, or arise out of the
activities of the Working Capital Fund, subject to the limits on that
authority imposed by 31 U.S.C. 3711 and the Federal Claims Collection
Standards, 31 CFR chapter IX.
(e) Security. (1) Serves as the agency representative appointed by
the Secretary of Transportation to participate on the Interagency
Security Committee in accordance with Executive Order 12977, to
establish policies for the security in and protection of Federal
facilities.
(2) Represents the department on the White House Communications
Agency Principal Communications Working Group and the Department of
State Overseas Security Policy Board.
(3) Conducts an internal security management program for the
Department of Transportation with authority to take, direct others to
take, recommend, or approve security actions with respect to such
authorities related to personnel security, physical security, technical
security, and classified and sensitive information management.
(4) Issues identification media as directed by Homeland Security
Presidential Directive 12, ``Policy for Common Identification Standard
for Federal Employees and Contractors'' and other identification media
(including credentials, passports and visas) by direction of the
Secretary.
(5) Manages the Department's classified information program as
directed by Executive Order 13526 (``Classified National Security
Information'').
(6) Takes certain classified actions on behalf of the Department in
connection with technical counter-surveillance programs as required by
Executive Order 13526 (``Classified National Security Information'').
(7) In conjunction with the Office of Security, Intelligence and
Emergency Response, and the Office of the General Counsel, carries out
the functions vested in the Secretary by 49 U.S.C. 40119(b), as
implemented by 49 CFR part 15, related to the protection of information
designated as Sensitive Security Information.
(8) Ensure Department-wide compliance with Executive Orders 12968
as amended, 13467, 13488, 13526, 13556, and related regulations and
issuances.
(f) Printing. Request approval of the Joint Committee on Printing,
Congress of the United States, for any procurement or other action
requiring Committee approval.
(g) Hearings. Provide logistical and administrative support to the
Department's Office of Hearings.
(h) Federal real property management. Carry out the functions
assigned to the Secretary with respect to Executive Order 13327, as
amended.
(i) The Uniform Act. Carry out the functions vested in the
Secretary to implement the Uniform Relocation Assistance and Real
Property Acquisition Act of 1970 (Uniform Act), 42 U.S.C. Chapter 61,
with respect to programs administered by the Office of the Secretary.
The Assistant Secretary may prescribe additional Uniform Act guidance
that is appropriate to those particular programs, provided that such
additional guidance must be consistent with the Uniform Act and 49 CFR
part 24. The lead agency for Uniform Act matters is the Federal Highway
Administration (see Sec. 1.85 and 49 CFR part 24).
(j) Designated Agency Safety and Health Official. Serve as the
Designated Agency Safety and Health Official under 29 CFR 1960.6(a) to
represent the interest of, and support, the Department's occupational
safety and health program.
(k) Senior Real Property Officer. Serve as the Senior Real Property
Officer for the Department pursuant to Executive Order 13327 (``Federal
Real Property Asset Management'') (as amended), and chair the
Departmental Real Property Planning Council.
(l) Transportation fringe benefits. (1) Oversee the Department's
transportation fringe benefit program under 5 U.S.C. 7905 and 26 U.S.C.
132(f).
(2) Consult with and provide guidance to other Federal agencies on
transportation fringe benefit programs under 5 U.S.C. 7905 and 26
U.S.C. 132(f).
(3) Establish and maintain uniform Federal Government standards for
developing and supporting Federal agencies' transportation fringe
benefit programs under 5 U.S.C. 7905 and 26 U.S.C. 132(f).
Sec. 1.38a Redelegations by the Assistant Secretary for
Administration.
(a) The Director, Office of the Senior Procurement Executive is
redelegated the authority to:
(1) Carry out the duties and responsibilities of agency head for
departmental procurement within the meaning of the Federal Acquisition
Regulation except for those duties expressly reserved for the Secretary
of Transportation.
(2) Carry out the functions of the Chief Acquisition Officer (CAO)
except for those functions specifically reserved for the Deputy
Secretary. In carrying out these functions and in support of
requirements under Services Acquisition Reform Act (SARA), enacted as
part of the National Defense Authorization Act for 2004--Public Law
108-136, the Senior Procurement Executive (SPE) is expected to interact
directly, and without intervening authority, with the CAO on issues
related to strategic acquisition policy, implementation, and
management. The nature and frequency of interactions with the CAO will
be determined mutually between the SPE and the CAO.
(3) Procure and authorize payment for property and services for the
Office of the Secretary, with power to re-delegate and authorize
successive re-delegations.
(b) The Director of Human Resources Management is redelegated the
authority to:
(1) Develop departmental human capital policies and objectives, and
monitor and oversee the implementation of those policies.
[[Page 19829]]
(2) Establish departmental human capital performance objectives and
metrics.
(3) 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.
(4) Concur in the appointment and promotion of all Human Resources
(HR) Directors in each Operating Administration and participate in the
performance reviews of HR Directors.
(5) Provide policy and overall direction in the execution of the
DOT Labor-Management Relations Program.
(6) Develop and operate the Federal Employee Workplace Drug and
Alcohol Testing Program in accordance with Executive Order 12564 and
The Omnibus Transportation Employee Testing Act of 1991, Public Law
102-143, Title V.
(7) Develop, coordinate, and issue wage schedules for Department
employees under the Federal Wage System.
(c) The Director of Financial Management within the Office of the
Assistant Secretary for Administration is redelegated the authority to:
(1) Settle and pay claims by Working Capital Fund employees for
personal property losses as provided by 31 U.S.C. 3721 if the amount of
the payment does not exceed $500.
(d) The Director, Transit Benefit Program is redelegated the
authority to:
(1) Oversee the Department's transportation fringe benefit program
under 5 U.S.C. 7905 and 26 U.S.C. 132(f).
(2) Consult with and provide guidance to other Federal agencies on
transportation fringe benefit programs under 5 U.S.C. 7905 and 26
U.S.C. 132(f).
(3) Establish and maintain uniform Federal Government standards for
developing and supporting Federal agencies' transportation fringe
benefit programs under 5 U.S.C. 7905 and 26 U.S.C. 132(f).
Sec. 1.39 Executive Secretariat.
The Executive Secretariat provides organized staff services to the
Secretary and Deputy Secretary to assist them in carrying out their
management functions and their responsibilities for formulating,
coordinating and communicating major policy decisions. The Office
controls and coordinates internal and external material directed to the
Secretary and Deputy Secretary and ensures that their decisions and
instructions are implemented.
Sec. 1.40 Departmental Office of Civil Rights.
The Departmental Office of Civil Rights serves as the Department's
Equal Employment Opportunity (EEO) Officer and Title VI Coordinator.
The Director also serves as principal advisor to the Secretary and the
Deputy Secretary on the civil rights and nondiscrimination statutes,
regulations, and Executive Orders applicable to the Department,
including titles VI and VII of the Civil Rights Act of 1964, as
amended, the Age Discrimination in Employment Act of 1967, as amended,
the Age Discrimination Act of 1975, as amended, section 504 of the
Rehabilitation Act of 1973, as amended, the Americans with Disabilities
Act of 1990, the Equal Pay Act of 1963, the ADA Amendments Act of 2008,
and the Genetic Information Nondiscrimination Act of 2008. The
Departmental Office of Civil Rights provides guidance to the Operating
Administrations and Secretarial officers on these matters. The Office
periodically reviews and evaluates the civil rights programs of the
Operating Administrations to ensure that recipients of financial
assistance meet applicable Federal civil rights requirements.
Sec. 1.41 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 employment
discrimination complaints process (including acceptance/dismissal,
investigation, and final adjudication); to provide 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:
(a) Title VI and VII of the Civil Rights Act of 1964, 42 U.S.C.
2000d et seq. and 2000e et seq.
(b) Sections 501 and 504 of the Rehabilitation Act of 1973, 29
U.S.C. 791 and 794-794a.
(c) Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et
seq.
(d) Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq.
(e) Americans with Disabilities Act of 1990, 42 U.S.C. 12101-
121213.
(f) ADA Amendments Act of 2008 (Pub. L. 110-325) [42 U.S.C. 12101
Note].
(g) Genetic Information Nondiscrimination Act of 2008, 42 U.S.C.
2000ff et seq.
(h) Equal Pay Act of 1963, 29 U.S.C. 206(d).
(i) Alcohol, Drug Abuse, and Mental Health Administration
Reorganization Act (Pub. L. 102-321)
(j) Chapter XIV of subtitle B, of title 29 of the CFR (Equal
Employment Opportunity Commission Regulations).
(k) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284) [42
U.S.C. 3601 et seq.].
(l) 40 U.S.C. 476 (prohibition on sex discrimination).
(m) Title IX of the Education Amendments of 1972, 20 U.S.C. 1681.
(n) In coordination with the Assistant Secretary for Transportation
Policy, Executive Order 12898 (``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'') (See also Executive Order 12948).
(o) 49 U.S.C. 306 (prohibition on discrimination in programs
receiving financial assistance), 5310 (transportation for elderly
persons and persons with disabilities), 5332 (nondiscrimination in mass
transportation), 41705 (discrimination by air carriers against
handicapped persons), 47113 (minority and disadvantaged business
participation), and 47123 (nondiscrimination in airport improvement
programs).
(p) 23 U.S.C. 324 and 402(b)(1)(D) (nondiscrimination in highway
programs).
(q) The Intermodal Surface Transportation Efficiency Act of 1991,
Public Law 102-240, 105 Stat. 1919, section 1003.
Sec. 1.42 Office of Small and Disadvantaged Business Utilization.
The Director of the Office of Small and Disadvantaged Business
Utilization ensures that the Department's small and disadvantaged
business policies and programs are developed in a fair, efficient, and
effective manner. The Office is responsible for the Department's
implementation and execution of the functions and duties under the
Small Business Act, and providing opportunities, technical assistance,
and financial services to the small and disadvantaged business
community.
Sec. 1.43 Delegations to the Director of the Office 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
[[Page 19830]]
and execution of functions and duties under sections 2[8] and 2[15] of
the Small Business Act (Pub. L. 85-836) [15 U.S.C. 637 and 644].
(b) Carry out the functions vested in the Secretary by 49 U.S.C.
332 (Minority Resource Center).
Sec. 1.44 Office of Intelligence, Security and Emergency Response.
The Director of the Office of Intelligence, Security and Emergency
Response is responsible for the development, coordination, and
execution of plans and procedures for the Department to balance
transportation security requirements with the safety, mobility and
economic needs of the Nation through effective intelligence, security,
preparedness and emergency response programs. The Director is the
Department's principal Emergency Coordinator for the implementation of
these programs.
Sec. 1.45 Delegations to the Director of the Office of Intelligence,
Security and Emergency Response.
The Director of Intelligence, Security, and Emergency Response is
delegated authority to:
(a) Carry out the functions related to emergency preparedness and
response vested in the Secretary by the following authorities: 49
U.S.C. 101 and 301; Executive Order 12148, as amended (``Federal
Emergency Management''); Executive Order 12656 (``Assignment of
Emergency Preparedness Responsibilities'') (as amended; see Executive
Order 13286); Executive Order 12742 (``National Security Industrial
Responsiveness''); Executive Order 13434 (``National Security
Professional Development''); Reorganization Plan No. 3 of 1978 (5
U.S.C. app at 235 (2012); and such other statutes, executive orders,
and other directives as may pertain to emergency preparedness and
response.
(b) Serve as the Department's Continuity Coordinator in accordance
with National Security Presidential Directive 51/Homeland Security
Presidential Directive 20, National Continuity Policy, and Federal
Continuity Directives (FCD) 1 Federal Executive Branch National
Continuity Program and Requirements and FCD 2 Federal Executive Branch
Mission Essential Function and Primary Mission Essential Function
Identification and Submission Process. Provide leadership for
departmental programs pertaining to intelligence related to the
transportation sector, transportation security policy, and civil
transportation emergency preparedness and response activities.
(c) Lead departmental collaboration efforts with the Department of
Homeland Security and other Departments and Agencies related to
transportation security and transportation infrastructure protection as
required by Homeland Security Presidential Directive 7, Critical
Infrastructure Identification, Prioritization, and Protection.
(d) Together with the Assistant Secretary for Administration, carry
out oversight and management of the duties pertaining to national
security professional development assigned to the Secretary under
Executive Order 13434 (``National Security Professional Development'').
(e) Together with the Office of the Assistant Secretary for
Aviation and International Affairs, coordinate the Department's
responsibilities under National Security Presidential Directive 44,
Management of Interagency Efforts Concerning Reconstruction and
Stabilization, and Presidential Decision Directive 56, Managing Complex
Contingency Operations, pertaining to interagency reconstruction and
stabilization assistance.
(f) Lead departmental efforts pertaining to transportation-related
international civil emergency preparedness activities, including
coordinating DOT representation on North Atlantic Treaty Organization
committees, as directed under Executive Order 12656 (as amended; see
Executive Order 13286).
(g) Carry out the functions vested in the Secretary by 49 U.S.C.
40119(b), as implemented by 49 CFR part 15, in consultation and
coordination with the General Counsel.
(h) Oversee the Department's protective service program.
(i) Serve as the Secretary's representative to the Transportation
Security Oversight Board, in accordance with 49 U.S.C. 115, when so
designated.
(j) Lead Departmental participation in internal and interagency
planning efforts related to preparedness in accordance with
Presidential Policy Directive 8, National Preparedness, in coordination
with the Under Secretary.
(k) Serve as the Secretary's senior advisor on matters pertaining
to public health, biological, and medical matters.
(l) Develop departmental plans to support the Department of Defense
Civil Reserve Air Fleet (CRAF) program and allocate civil air carrier
aircraft to CRAF based on Department of Defense requirements.
(m) Oversee operation of the Department's Crisis Management Center.
(n) Lead departmental efforts for all interaction with the Program
Manager, Information Sharing Environment to include appointing the
Associate Director for Intelligence as the DOT Information Sharing
Program Manager to coordinate day-to-day Information Sharing
Environment matters.
(o) Carry out departmental responsibilities under Executive Order
13587 (``Structural Reforms to Improve the Security of Classified
Networks and the Responsible Sharing and Safeguarding of Classified
Information'') including overseeing classified information sharing and
safeguarding efforts for DOT. Oversee the day-to-day activities for
monitoring the Top Secret and Secret classified network used by DOT and
function as the Senior Official principally responsible for
establishing and implementing the DOT Insider Threat Program.
(p) Serve as the department's program manager responsible for
oversight of all intelligence programs, to include the DOT
Counterintelligence effort as it pertains to the DOT classified
networks, and coordinate intelligence matters throughout the
department. Nothing in this provision is intended to prohibit or limit
a component's ability to conduct intelligence activities authorized by
law.
(q) Carry out the functions under the Defense Production Act of
1950, Public Law 81-774, 64 Stat. 798, as amended (50 U.S.C. app. 2061
et seq.), that were vested in the Secretary by Executive Order 13603
(``National Defense Resources Preparedness'').
Sec. 1.46 Office of Public Affairs.
The Director of Public Affairs is the principal advisor to the
Secretary and Secretarial Officers on public affairs issues. The Office
of Public Affairs prepares news releases and supporting media
materials, and maintains a new media presence. The Office also provides
information to the Secretary on opinions and reactions of the public
and news media on programs and transportation issues. The Office of
Public Affairs is responsible for the supervision, coordination, and
review of the activities of the public affairs offices within the
Operating Administrations.
Sec. 1.47 Delegations to the Assistant to the Secretary and Director
of Public Affairs.
The Assistant to the Secretary and Director of Public Affairs is
delegated authority to:
(a) Monitor the overall public information program and review and
approve departmental informational materials having policy-making
ramifications before they are printed and disseminated.
(b) Carry out the functions to promote carpooling and vanpooling
transferred to the Department of Transportation by
[[Page 19831]]
section 310 of the Department of Energy Organization Act of 1977 (Pub.
L. 95-91) [42 U.S.C. 7159].
Sec. 1.48 Office of the Chief Information Officer.
The Chief Information Officer (CIO) is the principal information
technology (IT), cyber security, privacy, and records management
advisor to the Secretary. The Office of the CIO supports the
Organizational Excellence Strategic Goal by providing leadership on all
matters associated with the Department's $3.5 billion IT portfolio.
Sec. 1.49 Delegations to the Chief Information Officer.
The Chief Information Officer is delegated authority to:
(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.
11312 to 11314, and 11317);
(c) Carry out all functions and responsibilities assigned to the
Secretary with respect to the E-Government Act of 2002, Public Law 107-
347;
(d) Carry out all functions and responsibilities necessary to
ensure compliance with the Federal Information Security Management Act
of 2002 (44 U.S.C. 3534 and 3544);
(e) Serve as the Chief Privacy Officer, 42 U.S.C. 2000ee-2, and
administer the Privacy Act of 1974, 5 U.S.C. 552a, and 49 CFR part 10
(Maintenance of and Access to Records Pertaining to Individuals) in
connection with the records of the Office of the Secretary;
(f) Carry out all functions and responsibilities necessary to issue
notices of Department of Transportation systems of records as required
by the Privacy Act;
(g) Carry out all functions and responsibilities assigned to the
Secretary with respect to the Federal Records Act (44 U.S.C. 3101-3102)
and necessary to ensure compliance with the regulations of the National
Archives and Records Administration (36 CFR parts 1220 through 1299; 44
U.S.C. Chapters 21, 29, 31, and 33), in coordination with the General
Counsel; and
(h) Serve as the Senior Agency Official for Geospatial Information
under Office of Management and Budget Memorandum M-06-07, ``Designation
of a Senior Agency Official for Geospatial Information'' (March 3,
2006).
Sec. 1.50 Office of Drug & Alcohol Policy & Compliance.
The Office of Drug & Alcohol Policy & Compliance advises the
Secretary on national and international drug testing and control issues
and is the principal advisor to the Secretary on rules related to the
drug and alcohol testing of safety-sensitive transportation employees
in aviation, trucking, railroads, mass transit, pipelines, and other
transportation industries. The Office, in coordination with the Office
of the General Counsel, publishes and provides interpretations of rules
related to 49 CFR part 40 on the conduct of drug and alcohol tests,
including how to conduct tests, and which procedures to use when
testing. The Office coordinates with Federal Agencies and assists
foreign governments in developing drug and alcohol testing programs and
implementing the President's National Drug Control Strategy.
Sec. 1.60 General Authorizations and Delegations to Secretarial
Officers.
(a) Acting in his or her own name and title, the Under Secretary,
the General Counsel, and each Assistant Secretary, within his or her
sphere of responsibility, is authorized to identify and define the
requirements for, and to recommend to the Secretary, new or revised
departmental policies, plans, and proposals. Each of these officers is
authorized to issue departmental standards, criteria, systems and
procedures that are consistent with applicable laws, Executive Orders,
Government-wide regulations and policies established by the Secretary,
and to inspect, review, and evaluate departmental program performance
and effectiveness and advise the Secretary regarding the adequacy
thereof.
(b) Except for nondelegable statutory duties including those that
transfer as a result of succession to act as Secretary of
Transportation, each Deputy Assistant Secretary and Deputy General
Counsel is authorized to act for and perform the duties of his or her
principal in the absence or disability of the principal and as
otherwise directed by the principal.
(c) The Deputy Secretary, the Under Secretary, the General Counsel,
and the Assistant Secretaries for Administration, Budget and Programs,
and Governmental Affairs are 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.
(3) Establish ad hoc committees for specific tasks within their
assigned staff area.
(4) Establish, modify, extend, or terminate standing committees
within their specific areas of responsibility when directed or
authorized to do so by the Secretary.
(5) Designate members of interagency committees when such
committees are specifically concerned with responsibilities of direct
interest to their office.
(6) Exercise the following authorities with respect to positions in
the Senior Executive Service and Senior Level within their respective
areas of responsibility:
(i) Determine how executive level positions will be filled; i.e.,
by reassignment, promotion, or 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 Resources Board and approval by the Secretary and the Office
of Personnel Management.
(7) 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.
(8) Administer and perform the functions described in their
respective functional statements.
(9) 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 redelegated.
(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
[[Page 19832]]
counseling or the Alternative Dispute Resolution process and to develop
and implement affirmative action and diversity plans within their
respective organizations.
(11) Exercise the authority vested in the Secretary by 49 U.S.C.
326(a) and 31 U.S.C. 1353 to accept, subject to the concurrence of the
Designated Agency Ethics Official, the following: Gifts of property
(other than real property) not exceeding $1,000 in value, gifts of
services (in carrying out aviation duties and powers) not exceeding
$1,000 in value, and reimbursement of travel expenses from non-federal
sources not exceeding $3,000 in value. Acceptance of gifts or travel
reimbursement that exceed these limits in value or are otherwise
significant may only take place with the additional concurrence of the
General Counsel. This delegation extends only to the acceptance of
gifts or travel expenses and does not authorize the solicitation of
gifts, which is reserved to the Secretary at Sec. 1.21.
Subpart C--Office of Inspector General
Sec. 1.70 Overview.
This subpart describes the key responsibilities of the Office of
Inspector General, the structure of the office, and the authority of
the Inspector General.
Sec. 1.71 Key responsibilities.
The Inspector General conducts, supervises, and coordinates audits
and investigations; reviews existing and proposed legislation and makes
recommendations to the Secretary and Congress concerning their effect
on the economy and efficiency of program administration, or the
prevention and detection of fraud and abuse; recommends policies for
and conducts, supervises, or coordinates other activities of the
Department for the purpose of promoting economy and efficiency in
program administration, or preventing and detecting fraud and abuse;
and keeps the Secretary and the Congress fully and currently informed.
Sec. 1.72 Structure.
This Office is composed of:
(a) The Office of the Deputy Inspector General;
(b) The Office of the Principal Assistant Inspector General for
Investigations;
(c) The Office of the Principal Assistant Inspector General for
Auditing and Evaluation;
(d) The Office of the Assistant Inspector General for
Administration; and
(e) The Office of the Assistant Inspector General for Legal,
Legislative and External Affairs.
Sec. 1.73 Authority of Inspector General.
The Inspector General shall report to and be under the general
supervision of the Secretary and Deputy Secretary. The Inspector
General has such authority as is provided by the Inspector General Act
of 1978, as amended, and as is otherwise provided by law. Authorities
provided to the Inspector General by law are reserved to the Inspector
General. In accordance with the statutory intent of the Inspector
General Act to create an independent and objective unit, the Inspector
General is authorized to make such investigations and reports relating
to the administration of the programs and operations of the Department
as are, in the judgment of the Inspector General, necessary and
desirable. Neither the Secretary nor the Deputy Secretary shall prevent
or prohibit the Inspector General from initiating, carrying out, or
completing any audit or investigation, or from issuing any subpoena
during the course of any audit or investigation.
Sec. 1.74 Delegations to Inspector General.
The Inspector General is delegated authority to:
(a) Redelegate and authorize successive redelegations of authority
granted by the Secretary within the Office of Inspector General, except
as limited by law or specific administrative reservation.
(b) Authorize and approve official travel, including foreign travel
and transportation for themselves, their subordinates, and others
performing services for, or in cooperation with, the Office of
Inspector General.
(c) Exercise the authority of the Secretary to resolve informal
allegations of discrimination arising in or relating to the Office of
Inspector General through Equal Employment Opportunity counseling or
the Alternative Dispute Resolution process and to develop and implement
affirmative action and diversity plans.
(d) Exercise the authority vested in the Secretary by 49 U.S.C.
326(a) to accept gifts of property (other than real property) or
services (in carrying out aviation duties and powers), and the
authority to accept travel reimbursements from non-federal sources
under 31 U.S.C. 1353.
(e) Exercise the implied authority to solicit gifts associated with
49 U.S.C. 326(a), notwithstanding the reservation of authority to the
Secretary in Sec. 1.21.
(f) Carry out the emergency preparedness functions assigned to the
Secretary by Executive Order 12656 (as amended; see Executive Order
13286) and by the Federal Emergency Management Agency and General
Services Administration (FEMA and GSA) as they pertain to the Office of
Inspector General, including those relating to continuity of
operations, emergency resource management, and training.
(g) Determine the existence and amount of indebtedness and the
method of collecting repayments from employees and members within the
Office of Inspector General and collect repayments accordingly, as
provided by 5 U.S.C. 5514.
(h) Waive claims of the United States arising out of an erroneous
payment to an employee of the Office of Inspector General of pay or
allowances, or travel, transportation, or relocation expenses and
allowances, and deny requests for waiver of such claims, as authorized
by 5 U.S.C. 5584 and the OMB memorandum, ``Determination with Respect
to Transfer of Functions Pursuant to Public Law 104-316'' (December 17,
1996). But for claims arising from erroneous payments to current
employees, this delegation of authority is limited to claims greater
than $500. For claims arising from erroneous payments to former
employees, this delegation of authority is not limited by claim amount.
Redelegation of this authority may be made only to the principal
officials responsible for financial management or such officials'
principal assistants.
(i) Settle and pay claims by employees of the Office of Inspector
General for personal property losses as provided by 31 U.S.C. 3721
(Claims of personnel of agencies and the District of Columbia
government for personal property damage or loss).
(j) 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.
(k) [Reserved]
(l) Exercise the Secretary's authority under 31 U.S.C. 3711 to
collect, compromise, suspend collection action on, or terminate claims
of the United States which are referred to, or arise out of the
activities of, the Office of Inspector General, subject to the limits
on that authority imposed by 31 U.S.C. 3711 and the Federal Claims
Collection Standards, 31 CFR chapter IX.
(m) Exercise the Secretary's authority under 28 U.S.C. 2672 and 28
CFR part 14, related to the administrative disposition of federal tort
claims, for claims involving the Office of Inspector General. The
Inspector General may request the approval of the Attorney
[[Page 19833]]
General to adjust, compromise, and settle any such claim if the amount
of the adjustment, compromise, or award exceeds $100,000, but only
after the General Counsel concurs with the request. If the Inspector
General believes that a pending claim presents a novel question of law
or of policy, he or she shall coordinate with the General Counsel to
obtain the advice of the Assistant Attorney General in charge of the
Civil Division. If the Inspector General settles a claim for an amount
greater than $50,000, the Inspector General shall prepare a memorandum
fully explaining the basis for the action taken and coordinate with the
General Counsel before sending a copy of the memorandum to the
Director, Federal Torts Claims Act Staff, Torts Branch of the Civil
Division, U.S. Department of Justice.
(n) Make written requests under subsection (b)(7) of the Privacy
Act of 1974, 5 U.S.C. 552a(b)(7), for records maintained by other
agencies that are necessary to carry out an authorized law enforcement
activity.
(o) Administer the Freedom of Information Act, 5 U.S.C. 552, and 49
CFR part 7 (Public Availability of Information) in connection with the
records of the Office of the Inspector General.
(p) Administer the Privacy Act of 1974, 5 U.S.C. 552a, and 49 CFR
part 10 (Maintenance of and Access to Records Pertaining to
Individuals) in connection with the records of the Office of the
Inspector General.
(q) Exercise the authority of the Secretary over and with respect
to any personnel within the Office of Inspector General, except as
prescribed by the Secretary or limited by law.
(r) Approve payment of recruitment, relocation, and retention
incentives under 5 U.S.C. 5753 and 5754.
(s) Administer 49 CFR part 9 (Testimony of Employees of the
Department and Production of Records in Legal Proceedings) in
connection with the records of the Office of Inspector General and
testimony of current and former employees of the Office of Inspector
General.
Subpart D--Operating Administrations
Sec. 1.80 Overview.
This subpart sets forth the key responsibilities of the Operating
Administrations, and the delegations of authority from the Secretary of
Transportation to the Administrators.
Sec. 1.81 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) [Reserved]
(3) Exercise the authority vested in the Secretary to prescribe
regulations under 49 U.S.C. 322(a) with respect to statutory provisions
for which authority is delegated by other sections in this part.
(4) Carry out the functions of the Secretary concerning
environmental enhancement by 49 U.S.C. 303 (Duties of the Secretary of
Transportation: Policy on lands, wildlife and waterfowl refuges, and
historic sites) and 23 U.S.C. 138 as they relate to matters within the
primary responsibility of each Operating Administration.
(5) Carry out the functions of the Secretary under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section
176(c) of the Clean Air Act (42 U.S.C. 7506(c)), and related
environmental laws as they relate to matters within the primary
responsibility of each Operating Administration.
(6) Carry out the functions of the Secretary under section 106 of
the Historic Preservation Act of 1966, 16 U.S.C. 470f, as they relate
to matters within the primary responsibility of each Operating
Administration.
(7) Administer FOIA and 49 CFR part 7 (Public Availability of
Information) in connection with the records of the Operating
Administration.
(8) Administer the Privacy Act of 1974, 5 U.S.C. 552a, and 49 CFR
part 10 (Maintenance of and Access to Records Pertaining to
Individuals) in connection with the records of the Operating
Administration.
(9) Make written requests under subsection (b)(7) of the Privacy
Act for records maintained by other agencies that are necessary to
carry out an authorized law enforcement activity.
(10) Carry out the emergency preparedness functions assigned to the
Secretary by Executive Order 12656, (as amended; see Executive Order
13286) and by the Federal Emergency Management Agency and General
Services Administration (FEMA and GSA) as they pertain to his or her
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.
(11) Enter into inter- and intradepartmental reimbursable
agreements other than with the head of another department or agency.
This authority may be redelegated only to Office Directors, Regional
Directors, District Commanders or other comparable levels and
Contracting Officers.
(12) Determine the existence and amount of indebtedness and the
method of collecting repayments from employees 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.
(13) Waive claims of the United States arising out of an erroneous
payment to an employee of the Operating Administration of pay or
allowances, or travel, transportation, or relocation expenses and
allowances, and deny requests for waiver of such claims, as authorized
by 5 U.S.C. 5584 and the OMB memorandum, ``Determination with Respect
to Transfer of Functions Pursuant to Public Law 104-316'' (December 17,
1996). But for claims arising from erroneous payments to current
employees, this delegation of authority is limited to claims greater
than $500. For claims arising from erroneous payments to former
employees, this delegation of authority is not limited by claim amount.
Redelegation of this authority may be made only to the principal
officials responsible for financial management or such officials'
principal assistants.
(14) Settle and pay claims by employees of the Operating
Administration for personal property losses as provided by 31 U.S.C.
3721 (Claims of personnel of agencies and the District of Columbia
government for personal property damage or loss). This authority may be
redelegated only to Office Directors, Regional Directors, or other
comparable levels and to those individuals that report to the above
officials.
(15) 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 this subpart to carry
out these programs, under the guidance of the Director of the
Departmental Office of Civil Rights, including conducting compliance
reviews and other activities relating to
[[Page 19834]]
the enforcement of these statutes, regulations, and Executive Orders.
(16) 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.
(17) 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.
(18) Exercise the authority of the Secretary to make
certifications, findings and determinations under the Regulatory
Flexibility Act (5 U.S.C. 601, et seq.) 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.
(19) Carry out the functions vested in the Secretary by 15 U.S.C.
3710(a), which authorizes agencies to permit their laboratories to
enter into cooperative research and development agreements.
(20) [Reserved]
(21) Exercise the Secretary's authority under 31 U.S.C. 3711 to
collect, compromise, suspend collection action on, or terminate claims
of the United States which are referred to, or arise out of the
activities of, the Operating Administration, subject to the limits on
that authority imposed by 31 U.S.C. 3711 and the Federal Claims
Collection Standards, 31 CFR chapter IX.
(22) Exercise the Secretary's authority under 28 U.S.C. 2672 and 28
CFR part 14, related to the administrative disposition of federal tort
claims, for claims involving the Operating Administration. The
Administrator may request the approval of the Attorney General to
adjust, compromise, and settle any such claim if the amount of the
adjustment, compromise, or award exceeds $100,000, but only after the
General Counsel concurs with the request. If the Administrator believes
that a pending claim presents a novel question of law or of policy, he
or she shall coordinate with the General Counsel to obtain the advice
of the Assistant Attorney General in charge of the Civil Division. If
the Administrator settles a claim for an amount greater than $50,000,
the Administrator shall prepare a memorandum fully explaining the basis
for the action taken and coordinate with the General Counsel before
sending a copy of the memorandum to the Director, Federal Torts Claims
Act Staff, Torts Branch of the Civil Division, U.S. Department of
Justice.
(23) Enter into memoranda of agreement with the Occupational Safety
and Health Administration (OSHA) in regard to setting and enforcing
occupational safety or health standards and whistleblower protection
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.
(24) Enter into memoranda of agreement with the Mine Safety Health
Administration (MSHA) in regard to setting and enforcing safety
standards for employees in DOT-regulated industries while on mine
property. The General Counsel shall concur in each memorandum of
agreement with MSHA prior to its execution by the Administrator of the
Operating Administration concerned.
(25) Exercise the authority vested in the Secretary by Section 329A
of the Department of Transportation and Related Agencies Appropriations
Act, 1995, Public Law 103-331, 329A, 108 Stat. 2471, 2493 (September
30, 1994), to enter into grants, cooperative agreements, and other
transactions with any person, agency, or instrumentality of 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, Public Law 102-
484, 106 Stat. 2658 (October 23, 1992), and related legislation.
(26) Carry out the functions vested in the Secretary by 49 U.S.C.
40119(b), as implemented by 49 CFR part 15, in coordination with the
Office of the General Counsel and the Office of Intelligence, Security
and Emergency Response, relating to the determination that information
is Sensitive Security Information within their respective
organizations.
(27) Exercise the authority vested in the Secretary by 49 U.S.C.
326(a) and 31 U.S.C. 1353 to accept, subject to the concurrence of the
Operating Administration's Deputy Ethics Official, the following: Gifts
of property (other than real property) not exceeding $1,000 in value,
gifts of services (in carrying out aviation duties and powers) not
exceeding $1,000 in value, and reimbursement of travel expenses from
non-federal sources not exceeding $3,000. Acceptance of gifts or travel
reimbursement that exceed these limits in value or are otherwise
significant may only take place with the additional concurrence of the
General Counsel. This delegation extends only to the acceptance of
gifts or travel expenses and does not authorize the solicitation of
gifts, which is reserved to the Secretary at Sec. 1.21.
(28) Exercise the authority vested in the Secretary by the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, 104
Stat. 890), as amended by the Debt Collection Improvement Act of 1996
(Pub. L. 104-134, 110 Stat. 1321), to promulgate rules that adjust
civil penalties.
(29) Carry out the functions vested in the Secretary to implement
the Uniform Relocation Assistance and Real Property Acquisition Act of
1970 (Uniform Act), 42 U.S.C. Chapter 61, with respect to programs
administered by their respective Operating Administrations. Each
Operating Administration may prescribe additional Uniform Act guidance
that is appropriate to those particular programs, provided that such
additional guidance must be consistent with the Uniform Act and 49 CFR
part 24. The lead agency for Uniform Act matters is the Federal Highway
Administration (see Sec. 1.85 and 49 CFR part 24).
Sec. 1.81a Redelegation by all Administrators.
Except as otherwise specifically provided in this part, each
Administrator may redelegate and authorize successive redelegations of
authority within the organization under that official's jurisdiction.
Sec. 1.82 The Federal Aviation Administration.
Is responsible for:
(a) Promulgating and enforcing regulations on all safety matters
relating to the operation of airports, the manufacture, operation, and
maintenance of aircraft, and the efficiency of the National Airspace
System;
(b) Planning and supporting the development of an integrated
national system of airports, with due consideration of safety,
capacity, efficiency, environmental compatibility and sustainability;
(c) Administering federal financial assistance programs for
airports including airport grants-in-aid;
(d) Preserving and enhancing the safety and efficiency of the
Nation's air transportation system by implementing NextGen and other
technologies, as appropriate;
(e) Registering aircraft and recording rights in aircraft;
(f) Developing, modifying, testing, and evaluating systems,
procedures, facilities, and devices needed for the safe and efficient
navigation and traffic control of aircraft;
[[Page 19835]]
(h) Locating, constructing or installing, maintaining and operating
Federal aids to air navigation, wherever necessary;
(i) Developing air traffic regulations, and administering air
navigation services for control of civil and military air operations
within U.S. airspace, as well as administering such air navigation
services as the FAA has accepted responsibility for providing in
international airspace and the airspace of foreign countries;
(j) Promoting aviation safety and efficiency through technical
aviation assistance to foreign aviation authorities;
(k) Developing strategies to improve runway safety at all
commercial service airports;
(l) Administering the Continuous Lower Energy, Emissions and Noise
program, improving connections to surface transportation, and other
efforts to increase the environmental sustainability of the Nation's
air transportation systems;
(m) Conducting an effective airport technology research program to
improve airport safety, efficiency, and sustainability;
(n) Exercising the final authority for carrying out all functions,
powers, and duties of the Administration in accordance with 49 U.S.C.
106(f) and adjudication in accordance with 49 U.S.C. 40110(d) and that
such authorities supersede any conflicting provisions elsewhere in this
part.
(o) Promoting and encouraging U.S. leadership in commercial space
activities, and promulgating and enforcing regulations on safety
matters relating to commercial space transportation.
Sec. 1.83 Delegations to the Federal Aviation Administrator.
The Federal Aviation Administrator is delegated authority to:
(a) Carry out the following functions vested in the Secretary by 49
U.S.C. Subtitle VII (Aviation Programs):
(1) Sections 40103(a)(2), relating to the consultation with the
Architectural and Transportation Barriers Compliance Board before
prescribing regulations or procedures that will have a significant
impact on accessibility of commercial airports or commercial air
transportation for individuals with disabilities; 40109(c), but only as
it relates to the regulation of 49 U.S.C. 46301(b) (smoke alarm device
penalties), and 40109(e), relating to maximum flying hours 40113(a) as
it relates to the functions vested in the Secretary and delegated in
this section; 40114, relating to reports and records requirements;
40115, relating to withholding information from public disclosure;
40116, relating to the prohibition on State taxation as the prohibition
may affect an airport sponsor's grant assurances; 40117, relating to
passenger facility charges; 40119(b), relating to the issuance of
regulations on disclosure of information obtained or developed in
ensuring security; and 40127(b) of chapter 401, relating to prohibition
on discrimination by private airports;
(2) Section 41723 of subchapter I of chapter 417, relating to
notice concerning aircraft assembly;
(3) Section 44102(b) of chapter 441, relating to defining the term
``based and primarily used in the United States'';
(4) Chapter 443, relating to insurance;
(5) Chapter 445, relating to facilities, personnel, and research,
except section 44502(a)(3) as it relates to authorizing a department,
agency, or instrumentality of the United States Government to carry out
any duty or power under subsection 44502(a) with the consent of the
head of the department, agency, or instrumentality;
(6) Chapter 447, relating to safety regulation;
(7) Chapter 451, relating to alcohol and controlled substances
testing;
(8) Subpart IV of Part A of 49 U.S.C. Subtitle VII (chapters 461-
465) relating to the Secretary's authority to enforce and impose
penalties under sections of Subtitle VII that have been delegated to
the Federal Aviation Administrator in this section;
(9) Part B of 49 U.S.C. Subtitle VII (chapters 471-475) relating to
airport development and noise, except 49 U.S.C. 47129(a);
(10) Part C of 49 U.S.C. Subtitle VII (chapters 481-483) relating
to financing; and
(11) Part E of 49 U.S.C. Subtitle VII (chapter 501) relating to
Buy-American Preferences.
(b) Carry out the functions vested in the Secretary by chapters 509
and 511 (commercial space) of title 51, U.S.C. and coordinate with the
Assistant Secretary for Aviation and International Affairs regarding
those functions related to the promotion of the aerospace industry.
(c) Carry out the functions vested in the Secretary by part B of
title II of the Clean Air Act, as amended (Pub. L. 91-604, sec. 11, 84
Stat. 1703), and by 40 CFR part 87 as it relates to exemptions from
aircraft air pollution standards.
(d)(1) Except as delegated to the Under Secretary of Transportation
for Policy by Sec. 1.25, carry out the functions vested in the
Secretary by 49 U.S.C. 5121(a), (b), (c), and (d), 5122, 5123, and
5124, relating to the transportation or shipment of hazardous materials
by air.
(2) Carry out the functions vested in the Secretary by 49 U.S.C.
5114, relating to the establishment of procedures for monitoring and
enforcing regulations with respect to the transportation of radioactive
materials on passenger-carrying aircraft.
(3) Participate, with the Administrator of the Pipeline and
Hazardous Materials Safety Administration, in the Dangerous Goods Panel
at the International Civil Aviation Organization, under the authority
vested in the Secretary by 49 U.S.C. 5120.
(e) 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 the interagency
agreement of December 9, 1960, and Executive Order 11382, and provide
for the administrative operation of the IGIA Secretariat.
(f) Carry out the functions assigned to the Secretary by Executive
Order 12465 relating to commercial expendable launch vehicle
activities.
(g) 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).
Sec. 1.84 The Federal Highway Administration.
Is responsible for:
(a) Improving mobility on our Nation's highways through national
leadership, innovation, and program delivery.
(b) Developing safety strategies using a data-driven, systematic
approach to address safety for motorists, bicyclists, and pedestrians
from engineering, education, enforcement, and emergency medical
services perspectives and coordinating with FMCSA and NHTSA as
appropriate.
(c) Planning, in cooperation with the States, the nation's highway
system.
(d) Improving, in cooperation with the States (via the provision of
grants), infrastructure condition, safety, mobility and freight
movement roads on the National Highway System, including the Interstate
System and to other federal-aid roads and other surface transportation
infrastructure.
(e) Identifying and deploying innovation aimed at shortening
project delivery, enhancing the safety of our roadways, and protecting
the environment.
(f) Surveying and constructing Federal lands transportation
facilities, Federal
[[Page 19836]]
lands access transportation facilities, tribal transportation
facilities, defense highways and access roads, and parkways and roads
in national parks and other federally-administered areas.
(g) Developing and administering uniform State standards for
highway safety programs with respect to identification and surveillance
of crash locations; highway design, construction, and maintenance,
including context sensitive solutions, highway-related aspects of
pedestrian safety, and traffic control devices.
(h) Administering the Department's National Bridge Inspection
Standards and the National Tunnel Inspection Standards to ensure the
Nation has safe, well-maintained bridges and tunnels for use by the
traveling public.
(i) In coordination with NHTSA, RITA, and FMCSA, conducting
vehicle-to-vehicle and vehicle-to-infrastructure research.
(j) Managing TIFIA funds, 23 U.S.C. 601-609, in conjunction with
the TIFIA Joint Program Office, including managing accounting and
budgeting activities, and procuring any necessary financial or
technical support services for the TIFIA program.
(k) Maximizing the positive impacts on the U.S. economy by
encouraging domestic manufacturing on highway projects through the
enforcement of Buy America provisions.
Sec. 1.85 Delegations to the Federal Highway Administrator.
(a) The Federal Highway Administrator is delegated authority to
administer the following provisions of title 23, U.S.C. (Highways):
(1) Chapter 1, Federal-Aid Highways, except for:
(i) Section 142 (as it relates to matters within the primary
responsibility of the Federal Transit Administrator);
(ii) The following sections as they relate to matters within the
primary responsibility of the National Highway Traffic Safety
Administration: 153, 154, 158, 161, 163, and 164; and
(iii) Section 167(f) (National Freight Strategic Plan).
(2) Chapter 2, Other Highways, except for section 205.
(3) Chapter 3, General Provisions (as it relates to matters within
the primary responsibility of the Federal Highway Administration),
except for section 322.
(4) Section 409 of chapter 4, Highway Safety.
(5) Chapter 5, Research, Technology, and Education, except for
section 508.
(6) Chapter 6, Infrastructure Finance, subject to the limitations
set forth in Sec. Sec. 1.33 (Assistant Secretary for Budget and
Programs) and 1.21 (reservation to the Secretary of final approval of
TIFIA credit assistance applications).
(b) The Federal Highway Administrator is delegated authority to
administer the following provisions of title 49, U.S.C.
(Transportation):
(1) Section 20134(a) with respect to the laws administered by the
Federal Highway Administrator pertaining to highway safety and highway
construction; and
(2) Sections 31111 and 31112 (as it relates to matters within the
primary responsibility of the Federal Highway Administration).
(3) Section 31314 (as it relates to matters within the primary
responsibility of the Federal Highway Administration).
(c) The Federal Highway Administrator is delegated authority to
administer the following laws relating generally to highways:
(1) Section 502(c) of the General Bridge Act of 1946, as amended,
Public Law 79-601, tit. V, 60 Stat. 847, [33 U.S.C. 525(c)].
(2) Reorganization Plan No. 7 of 1949 (63 Stat. 1070).
(3) The Federal-Aid Highway Act of 1954, as amended (Pub. L. 83-
350, 68 Stat. 70).
(4) The Federal-Aid Highway Act of 1956, as amended (Pub. L. 84-
627, tit. I, 70 Stat. 374).
(5) The Highway Revenue Act of 1956, as amended (Pub. L. 84-627,
tit. II, 70 Stat. 374, 387).
(6) The Alaska Omnibus Act, as amended (Pub. L. 86-70, 73 Stat.
141).
(7) The Act of September 26, 1961, as amended (Pub. L. 87-307, 75
Stat. 670).
(8) The Act of April 27, 1962 (Pub. L. 87-441, 76 Stat. 59).
(9) The Federal-Aid Highway Act of 1962, as amended (Pub. L. 87-
866, 76 Stat. 1145).
(10) The Joint Resolution of August 28, 1965, as amended (Pub. L.
89-139, 79 Stat. 578).
(11) The Federal-Aid Highway Act of 1966, as amended (Pub. L. 889-
574, 80 Stat. 766).
(12) The Federal-Aid Highway Act of 1968, as amended (Pub. L. 90-
495, 82 Stat. 815).
(13) The Federal-Aid Highway Act of 1970, as amended (except
section 118) (Pub. L. 91-605, 84 Stat. 1713).
(14) 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).
(15) 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).
(16) The Highway Beautification Act of 1965, as amended (Pub. L.
89-285, 79 Stat. 1028, 23 U.S.C. 131 et seq., notes).
(17) The Federal-Aid Highway Act of 1982 (Pub. L. 97-327, 96 Stat.
1611), except section 6 as it relates to matters within the primary
responsibility of the Federal Transit Administrator.
(18) The Surface Transportation Assistance Act of 1982, as amended,
(Pub. L. 97-424, 96 Stat. 2097) except:
(i) Sections 165 and 531 as they relate to matters within the
primary responsibility of the Federal Transit Administrator;
(ii) Sections 105(f), 413; 414(b)(2); 421, 426, and Title III; and
(iii) Section 414(b)(1), unless with the concurrence of the
National Highway Traffic Safety Administrator.
(19) 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).
(20) Sections 105, 107(c) through (e), 123(a) and (b), 124(c),
126(d) through (g), 138(c), 142, 144, 147 through 154, 167, and 171,
Title IV, as amended (as it relates to matters within the primary
responsibility of the Federal Highway Administrator), and sections 502-
504 of Title V of the Surface Transportation Assistance Act of 1978
(Pub. L. 95-599, 92 Stat. 2689).
(21) Sections 201 through 205, 327 through 336, 339, 340, 349, 352,
353, and 408 of the National Highway System Designation Act of 1995
(Pub. L. 104-59, 109 Stat. 568).
(22) Sections 1002(e), 1006(h), 1009(c), 1012(b) and (d) through
(f), 1015, 1016(g), 1017(c), 1021(c) and (d), 1022(c), 1023(f) through
(g), 1032(d), 1038 through 1041, 1044, 1046(d), 1047, 1051, 1057
through 1060, 1072, 1073, 1105, and 6016 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Pub. L. 102-240, 105 Stat.
1914).
(23) Sections 1108(f) and (g) and 1224 of the Transportation Equity
Act for the 21st Century (Pub. L. 105-178, 112 Stat. 107).
(24) Sections 1101(a), 1102, 1109(f), 1111(b)(4), 1112, 1115(c),
1116(a) and (b), 1117, 1119(n), 1120(c), 1201, 1301, 1302, 1303, 1304,
1305, 1306, 1308, 1310, 1404, 1408, 1409(a) and (b), 1410, 1411, 1502,
1604, 1803, 1907, 1908, 1910, 1911, 1916, 1917, 1918, 1923, 1928, 1934,
1935, 1937, 1939, 1940, 1941, 1943, 1944, 1945, 1948, 1949, 1950, 1952,
1957, 1959, 1962, 1964, 4404 (as it relates to matters within the
primary responsibility of the Federal
[[Page 19837]]
Highway Administrator), 5101(b), 5202(b)(3)(B), (c), and (d), 5203(e)
and (f), 5204(g) and (i), 5304, 5305, 5306, 5307, 5308, 5309, 5502,
5504, 5508, 5511, 5512, 5513(b), (f), (k), and (m) (as (m) relates to
(b), (f), and (k)), 5514, 6009(b) (as they relate to matters within the
primary responsibility of the Federal Highway Administrator), 6017,
6018, 10210, and 10212 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Pub. L. 109-59, 119
Stat. 1144).
(25) Sections 1101(a), 1102, 1106(b), 1112(b), 1113(c), 1116, 1123,
1201(b), 1315 (as it relates to matters within the primary
responsibility of the Federal Highway Administration), 1316 (as it
relates to matters within the primary responsibility of the Federal
Highway Administration), 1317 (as it relates to matters within the
primary responsibility of the Federal Highway Administration), 1318(a)
and (b) (as it relates to matters within the primary responsibility of
the Federal Highway Administration), 1323 (a) and (b), 1401(b), (c) and
(d), 1405, 1503(c), 1512(b), 1519(a), 1520, 1522, 1523, 1524, 1525,
1526, 1527 (as it relates to matters within the primary responsibility
of the Federal Highway Administration), 1528, 1529, 1530 (as it relates
to matters within the primary responsibility of the Federal Highway
Administration), 1533, 1534, 1535, 32801, 32802, and 51001 of the
Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126
Stat. 405).
(d) The Federal Highway Administrator is delegated authority to:
(1) Carry out the functions vested in the Secretary of
Transportation by section 601 of the Pipeline Safety Act of 1992 (Pub.
L. 102-508, 106 Stat. 3289) relating to construction of the Page Avenue
Extension Project in Missouri.
(2) Carry out the functions of the Secretary under the Appalachian
Regional Development Act of 1965, 40 U.S.C. Subtitle IV.
(3) 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.
(4) 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) [33 U.S.C. 535c and 535e(a)].
(5) Carry out the Highway Safety Act of 1966, as amended (Pub. L.
89-564, 80 Stat. 731) for highway safety programs, research, and
development relating to highway design, construction and maintenance,
traffic control devices, identification and surveillance of crash
locations, and highway-related aspects of pedestrian safety.
(6) Exercise the authority vested in the Secretary by 49 U.S.C.
20134(a) with respect to the laws administered by the Federal Highway
Administrator pertaining to highway safety and highway construction
(7) Prescribe regulations, as necessary, at part 24 of this title,
to implement the Uniform Act, 42 U.S.C. Chapter 61, and to act as the
lead agency in carrying out all other functions vested in the Secretary
by the Uniform Act, in coordination with the Under Secretary.
(8) 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).
(9) Carry out the functions vested in the Secretary of
Transportation by section 114 of Part C of the Paperwork Reduction
Reauthorization Act of 1986 (contained in the Act Making Continuing
Appropriations for Fiscal Year 1987 and for Other Purposes, Public Law
99-591, 100 Stat. 3341, 2241-349), relating to construction of
Interstate Highway H-3 in Hawaii.
(10) 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.
(11) 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. 1.21.
(12) 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, (Pub. L. 94-210, 90 Stat.
31) relating to the Alameda Corridor Project in consultation with the
Federal Railroad Administrator.
(13) Act as the lead DOT agency in matters relating to the National
Environmental Policy Act of 1969, Public Law 91-190, 83 Stat. 852 [42
U.S.C. 4321 et seq.] pertinent to the authority vested in the Secretary
to establish, operate, and manage the Nationwide Differential Global
Positioning System (NDGPS) by section 346 of the Department of
Transportation and Related Agencies Appropriations Act, 1998 (Pub. L.
105-66, 111 Stat. 1425).
(14) Exercise the responsibilities of the Secretary under 49 U.S.C.
309 (high speed ground transportation).
(15) Carry out the functions vested in the Secretary by section
201(4)(d) and (e) of the Alaska National Interest Lands Conservation
Act, as amended (Pub. L. 96-487, 94 Stat. 2377) [16 U.S.C. 410hh(4)(d)
and (e)].
Sec. 1.86 The Federal Motor Carrier Safety Administration.
Is responsible for:
(a) Managing program and regulatory activities, including
administering laws and promulgating and enforcing regulations on safety
matters relating to motor carrier safety;
(b) Carrying out motor carrier registration and authority to
regulate household goods transportation;
(c) Developing strategies for improving commercial motor vehicle,
operator, and carrier safety and administering grants to implement
these strategies;
(d) Inspecting records and equipment of commercial motor carriers,
and investigating accidents and reporting violations of motor carrier
safety regulations;
(e) Carrying out research, development, and technology transfer
activities to promote safety of operation and equipment of motor
vehicles for the motor carrier transportation program; and
(f) Carrying out an effective communications and outreach program
which includes providing relevant safety data to the public.
Sec. 1.87 Delegations to the Federal Motor Carrier Safety
Administrator.
The Federal Motor Carrier Safety Administrator is delegated
authority to:
(a) Carry out the following 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) Sections 13704 and 13707 of chapter 137, relating to rates,
routes, and services;
(5) Chapter 139, relating to registration and financial
responsibility requirements, except section 13907(d)(2);
(6) Chapter 141, relating to operations of motor carriers;
(7) Sections 14501, 14502, and 14504a relating to Federal-State
relations, and
[[Page 19838]]
section 14506 relating to identification of vehicles.
(8) Sections 14701 through 14705, 14707, 14708, 14710, and 14711 of
chapter 147, relating to enforcement remedies, investigations and motor
carrier liability; and
(9) Sections 14901 through 14913, 14915, and 14916 of chapter 149
relating to civil and criminal penalties for violations of 49 U.S.C.
subtitle IV, part B.
(b) Carry out the functions vested in the Secretary by sections 104
and 204 of the ICC Termination Act of 1995, Public Law 104-88, 109
Stat. 803, relating to self-insurance rules and a savings clause.
(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) Carry out the following functions and exercise the authority
vested in the Secretary by chapter 51 of title 49, U.S.C.:
(1) Except as delegated to the Under Secretary of Transportation
for Policy by Sec. 1.25, carry out the functions vested in the
Secretary by 49 U.S.C. 5121(a), (b), (c), and (d), 5122, 5123, and
5124, relating to the transportation or shipment of hazardous materials
by highway.
(2) Carry out the functions vested in the Secretary by 49 U.S.C.
5105(e), relating to inspections of motor vehicles carrying hazardous
material; 49 U.S.C. 5109, relating to motor carrier safety permits,
except subsection (f); 49 U.S.C. 5112, relating to highway routing of
hazardous materials; 49 U.S.C. 5113, relating to unsatisfactory safety
ratings of motor carriers; 49 U.S.C. 5119, relating to uniform forms
and procedures; and 49 U.S.C. 5125(a) and (c)-(f), relating to
preemption determinations or waivers of preemption of hazardous
materials highway routing requirements.
(e) Carry out the functions vested in the Secretary by:
(1) Chapter 313 of 49, U.S.C., relating to commercial motor vehicle
operators; and
(2) Section 4123(c), (d) and (e) of SAFETEA-LU relating to grants,
funding, and contract authority and availability, respectively, for
commercial driver's license information system modernization.
(f) Carry out the functions vested in the Secretary by subchapters
I, III, and IV of chapter 311, title 49, U.S.C., and 49 U.S.C. 31111,
relating to commercial motor vehicle programs, safety regulation, and
international activities, 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.
(g) Carry out the functions vested in the Secretary by 49 U.S.C.
5701 relating to food transportation inspections of commercial motor
vehicles.
(h) Carry out the functions and exercise the authority delegated to
the Secretary in section 2(d)(2) of Executive Order 12777, as amended,
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, Pub. L.
87-88, as amended [33 U.S.C. 1321], to operate without approved
response plans.
(i) Carry out chapter 315 of title 49, U.S.C., relating to motor
carrier safety.
(j) Carry out 49 U.S.C. 502, 503, 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, 521(b), and 525.
(k) Carry out the functions and exercise the authority vested in
the Secretary by 23 U.S.C. 502(a)(1)(A).
(l) Carry out the functions vested in the Secretary by the
following sections of SAFETEA-LU:
(1) Section 4105(b)(1) relating to the study concerning predatory
tow truck operations;
(2) Section 4126, relating to the commercial vehicle information
systems and networks deployment program;
(3) Section 4127, relating to outreach and education;
(4) Section 4128, relating to grants under the safety data
improvement program;
(5) Section 4130-4133, amending section 229 of the Motor Carrier
Safety Improvement Act of 1999 (49 U.S.C. 31136 note) relating to the
operators of vehicles transporting agricultural commodities and farm
supplies, and hours of service for miscellaneous vehicle operators;
(6) Section 4134 (49 U.S.C. 31301 note), relating to the grant
program for persons to train operators of commercial motor vehicles;
(7) [Reserved]
(8) Section 4136 relating to interstate vans;
(9) Section 4138 relating to high risk carrier compliance (49
U.S.C. 31144 note);
(10) Section 4139(a)(1), relating to the training of and outreach
to State personnel; section (b)(1) relating to a review of Canadian and
Mexican compliance with Federal motor vehicles safety standards; and
the first sentence of section (b)(2) relating to the report concerning
the findings and conclusions of the review required by section (b)(1)
(see 49 U.S.C. 31100 note);
(11) Section 4143, granting authority to stop commercial motor
vehicles, 18 U.S.C. 3064;
(12) Section 4144, relating to a motor carrier safety advisory
committee;
(13) [Reserved]
(14) Section 4147, relating to emergency conditions requiring
immediate response (amending section 229 of the Motor Carrier Safety
Improvement Act of 1999 (49 U.S.C. 31136 note);
(15) Section 4213, relating to the establishment of a working group
for the development of practices and procedures to enhance Federal-
State relations (49 U.S.C. 14710 note);
(16) Section 4214, relating to the establishment of a system for
collecting consumer complaint information and issuing regulations
related to reporting requirements under the system (49 U.S.C. 14701
note); and
(17) Section 4308, granting authority to adopt regulations to carry
out SAFETEA-LU, Title IV, subtitle C (49 U.S.C. 13902 note).
(m) Carry out the functions vested in the Secretary by the
following sections of the Moving Ahead for Progress in the 21st Century
Act (Pub. L. 112-141, 126 Stat. 405):
(1) Section 32101(b) concerning proficiency examination (49 U.S.C.
13902 note).
(2) Section 32101(c) concerning conforming amendments to
proficiency examinations (49 U.S.C. 31144 note).
(3) Section 32101(d) concerning agricultural and farm
transportation exemption (49 U.S.C. 31136 note).
(4) Section 32104 concerning a study of financial responsibility
requirements (49 U.S.C. 13903 note).
(5) Section 32206 concerning a rental truck accident study.
(6) Section 32301(a) requiring an hours of service study.
(7) Section 32302(c)(2) regarding the establishment of state
licensing agency oversight (49 U.S.C. 31149 note).
[[Page 19839]]
(8) Section 32303(b) relating to the establishment of a driver
record notification system (49 U.S.C. 31304 note).
(9) Section 32303(c) relating to a plan for national notification
system.
(10) Section 32308 regarding a study, plan, report and
implementation of accelerated veteran's licensing procedures (49 U.S.C.
31301 note).
(11) Section 32603(i) relating to the administration of grant
programs (49 U.S.C. 31100).
(12) Section 32605 related to a report on the commercial vehicle
information system and networks.
(12) Sections 32702, 32707(b), 32708, 32709, 32710, and 32711
related to the Motorcoach Enhanced Safety Act of 2012 (49 U.S.C. 31136
note).
(13) Section 32918(b) relating to broker and forwarder financial
responsibility rulemaking requirement (49 U.S.C. 13906 note).
(14) Section 32934 related to exemptions from requirements for
covered farm vehicles (49 U.S.C. 31136 note).
Sec. 1.88 The Federal Railroad Administration.
Is responsible for:
(a) Regulating safety functions pertaining to railroads;
(b) Conducting research and development activity in support of
safer and more efficient rail transportation;
(c) Investigating and issuing reports concerning collisions,
derailments, and other railroad accidents resulting in serious injury
to persons or to the property of a railroad;
(d) Developing safety strategies to combat the causes of
collisions, derailments, and other railroad accidents, as well as to
reduce overall risk in the Nation's rail systems;
(e) Promoting and strengthening the national rail system, including
freight rail and high speed and higher performing intercity passenger
rail.
(f) Providing financial assistance, including grants, loans and
loan guarantees, for rail freight and intermodal development, as well
as high-speed and intercity passenger rail development;
(g) Maximizing the positive impacts on the U.S. economy by
encouraging domestic manufacturing on rail projects through the
enforcement of Buy America provisions; and
(h) Strengthening local communities by supporting station-area
development and strong connections among rail passenger service,
intercity bus, local transit, bicycle/pedestrian, and airport
facilities.
Sec. 1.89 Delegations to the Federal Railroad Administrator.
The Federal Railroad Administrator is delegated authority to:
(a) Carry out the functions and exercise the authority vested in
the Secretary by 49 U.S.C. Subtitle V, Part A (Safety, chapter 201 et
seq.), Part B (Assistance, chapter 221 et seq.), Part C (Passenger
Transportation, chapter 241 et seq.), Part D (High-speed Rail, chapter
261), and section 28101 of Part E, relating to the law enforcement
authority of railroad police officers; except 49 U.S.C. 20134 with
respect to highway, traffic, and motor vehicle safety and highway
construction.
(b) Carry out the functions and exercise the authority vested in
the Secretary by the Rail Safety Improvement Act of 2008 (Pub. L. 110-
432, Div. A, 122 Stat. 4848).
(c) Carry out the functions and exercise the authority vested in
the Secretary by the Passenger Rail Investment and Improvement Act of
2008 (Pub. L. 110-432, Div. B, 122 Stat. 4907), except Title VI (122
Stat. 4968) as it relates to capital and preventive maintenance
projects for the Washington Metropolitan Area Transit Authority.
(d) Carry out the functions vested in the Secretary by section 5
(as it relates to railroad bridges not over navigable waterways) and
section 8(a) (as it relates to railroad bridges) of the International
Bridge Act of 1972 (Pub. L. 92-434, 86 Stat. 731) (33 U.S.C. 535c and
535e(a)).
(e) Exercise the administrative powers vested in the Secretary by
49 U.S.C. Subtitle I, Chapter 5 (section 501 et seq.) pertaining to
railroad safety and 49 U.S.C. 103 (Federal Railroad Administration).
(f) Promote and undertake research and development relating to rail
matters generally (49 U.S.C. Chapter 3 (section 301 et seq). and 49
U.S.C. 102).
(g) Carry out the functions vested in the Secretary by 45 U.S.C.
Ch. 15 (section 601 et seq.) with respect to emergency rail services,
except the authority to make findings required by 45 U.S.C. 662(a) and
the authority to sign guarantees of certificates issued by trustees.
(h) Carry out the functions vested in the Secretary by 45 U.S.C.
chapter 17 (section 801 et seq.) with respect to railroad
revitalization and regulatory reform and the Railroad Rehabilitation
and Improvement Financing program.
(i) Carry out the functions vested in the Secretary by 45 U.S.C.
chapter 21 (section 1201 et seq.) related to the Alaska Railroad
transfer.
(j) Except as delegated to the Under Secretary of Transportation
for Policy by Sec. 1.25, carry out the functions vested in the
Secretary by 49 U.S.C. 5121-5124 relating to the transportation or
shipment of hazardous materials by railroad.
(k) Carry out the functions vested in the Secretary by section 7 of
Executive Order 12580 (delegating sections 108 and 109, respectively,
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 as amended (49 U.S.C. 9615 et seq.), insofar as
they relate to rolling stock.
(l) Carry out the functions vested in the Secretary by 33 U.S.C.
493, relating to disputes over the terms and compensation for use of
railroad bridges built under that statute.
(m) Carry out the functions vested in the Secretary by 49 U.S.C.
5701 with respect to transportation of food and other products by
railroad.
(n) Carry out the functions vested in the Secretary by 23 U.S.C.
322 (Magnetic Levitation Transportation Technology Deployment Program).
(o) Carry out the functions vested in the Secretary by sections
1307 (see note to 23 U.S.C. 322), and 1946 of SAFETEA-LU as they relate
to deployment of magnetic levitation transportation projects and a
study of rail transportation and regulation.
(p) Carry out the function vested in the Secretary by the
Bankruptcy Code (11 U.S.C. 1163), which relates to the nomination of
trustees for rail carriers in reorganization, with the concurrence of
the Office of the General Counsel.
(q) Carry out the functions vested in the Secretary by 23 U.S.C.
327, as it relates to railroad projects.
(r) Carry out the functions vested in the Secretary by the sections
1318(d) and 1534 of Moving Ahead for Progress in the 21st Century Act
(Pub. L. 112-141, 126 Stat. 405), as they relate to railroads.
(s) Carry out the functions vested in the Secretary by section
2(d)(2) of Executive Order 12777, with respect to rail transportation,
relating to the approval of means to ensure the availability of private
personnel and equipment to remove, to the maximum extent practicable, a
worst case discharge, the review and approval of response plans, and
the authorization of railroads to operate without approved response
plans.
Sec. 1.90 The Federal Transit Administration.
Is responsible for:
(a) Providing grants that support the development of safe,
comprehensive and coordinated public transportation systems;
[[Page 19840]]
(b) Creating and implementing a national public transportation
safety program that includes the development of safety practices and
standards;
(c) Assisting public transportation systems to achieve and maintain
their infrastructure, equipment and vehicles in a state of good repair;
(d) Promoting the environmental benefits of public transportation
through continuing, cooperative, and comprehensive planning that
improves the performance of the intermodal transportation system.
(e) Supporting research, development, demonstration, and deployment
projects dedicated to assisting in the delivery of safe, efficient and
effective public transportation service;
(f) Supporting, in coordination with FHWA and FRA, strong
connections between public transportation and other modes of
transportation, including bicycle/pedestrian facilities and station-
area development that strengthen local communities; and
(g) Maximizing the positive impacts on the U.S. economy by
encouraging domestic manufacturing on transit projects through the
enforcement of Buy America provisions.
Sec. 1.91 Delegations to the Federal Transit Administrator.
The Federal Transit Administrator is delegated authority to carry
out the following:
(a) Chapter 53 of title 49, United States Code, and notes thereto.
(b) Sections 3 and 9 through 15 of the National Capital
Transportation Act of 1969 (Pub. L. 91-143, 83 Stat. 320), as amended
(DC Code, section 9-1101.01 et seq.).
(c) Sections of title 23, United States Code, and notes thereto
that involve public transportation projects, including those provisions
that pertain to planning, environmental reviews and use of historic
resources for public transportation projects.
(d) Section 303 of title 49, United States Code, as it involves
public transportation projects.
(e) The following sections of Moving Ahead for Progress in the 21st
Century Act (Pub. L. 112-141, 126 Stat. 405):
(1) Sections 1315 [23 U.S.C. 109 note], 1316 [23 U.S.C. 109 note],
1317 [23 U.S.C. 109 note], 1318 [23 U.S.C. 109 note], and 1321, as they
relate to public transit projects; and
(2) Sections 20005(b) [49 U.S.C. 5303 note], 20008(b) [49 U.S.C.
5309 note], 20013(b) [49 U.S.C. 5315 note], 20017(b) [49 U.S.C. 5324
note], 20021(b), and 20025(b) [49 U.S.C. 5335 note].
(f) Section 601 of the Passenger Rail Investment and Improvement
Act of 2008 (Pub. L. 110-432, Div. B).
Sec. 1.92 The Maritime Administration.
Is responsible for:
(a) Fostering the development and maintenance of a United States
merchant marine sufficient to meet the needs of the national security
and of the domestic and foreign commerce of the United States;
(b) Operating the U.S. Merchant Marine Academy in order to train
officers for the Nation's merchant marine;
(c) Promoting development of ports and intermodal transportation
systems through investments in port infrastructure via grant programs
and America's Marine Highway program;
(d) Promoting the growth and modernization of the U.S. merchant
marine and U.S. shipyards by administering loan and guarantee programs;
(e) Overseeing the administration of cargo preference statutes;
(f) Maintaining custody of, operating, and preserving ships in the
National Defense Reserve Fleet as well as other vessels under the
custody of MARAD and managing, maintaining and operating its Ready
Reserve Force component;
(g) Conducting research and development to improve and promote the
waterborne commerce of the United States.
Sec. 1.93 Delegations to the Maritime Administrator.
The Maritime Administrator is delegated authority to:
(a) Carry out the functions and exercise the authorities vested in
the Secretary under Subtitle V of title 46, U.S.C., except for 46
U.S.C. 51303 and 55601(c) and (d);
(b) Carry out the functions and exercise the authorities vested in
the Secretary under Subtitle III of title 46, U.S.C.;
(c) Carry out the functions and exercise the authorities vested in
the Secretary under the Merchant Ship Sales Act of 1946, as amended (50
U.S.C. App. 1735 et seq.);
(d) Carry out the functions and exercise the authorities vested in
the Secretary under 50 U.S.C. App 1744 with respect to the National
Shipping Authority;
(e) 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, Public Law 81-152, 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.
(f) Carry out the functions and exercise the authorities 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 Maritime Administration when engaged in noncommercial service;
(g) Carry out the functions vested in the Secretary by 40 U.S.C.
554 relating to authority to convey surplus real property to public
entities for use in the development or operation of port facilities;
(h) Carry out the following powers and duties and exercise the
authorities vested in the Secretary by the Deepwater Port Act of 1974,
Public Law 93-627, as amended (33 U.S.C. 1501 et seq.):
(1) Section 4: The authority to issue, transfer, amend, or
reinstate a license for the construction and operation of a deepwater
port (33 U.S.C. 1503(b));
(2) Section 4: The authority to process applications for the
issuance, transfer, amendment, or reinstatement of a license for the
construction and operation of a deepwater port (33 U.S.C. 1503(b)), in
coordination with the Commandant of the Coast Guard;
(3) Section 5(h)(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));
(4) Section 4: Make Adjacent Coastal State designations pursuant to
33 U.S.C. 1508(a)(2);
(5) Section 11: 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);
(6) Section 16(b): Submission of notice of the commencement of a
civil suit (33 U.S.C. 1515(b));
(7) Section 16(c): Intervention in any civil action to which the
Secretary is not a party (33 U.S.C. 1515(c));
(8) Sections 8(b), 12: Authority to request the Attorney General to
seek the
[[Page 19841]]
suspension or termination of a deepwater port license and to initiate a
proceeding before the Surface Transportation Board (33 U.S.C. 1507,
1511);
(i) Carry out the functions and exercise the authority vested in
the Secretary by section 109 of the Maritime Transportation Security
Act of 2002, Public Law 107-295, 116 Stat. 2064, 46 U.S.C. 70101 note,
to provide training for maritime security professionals;
(j) Exercise all the powers of the Secretary under 49 U.S.C. 336
with respect to civil penalties;
(k) Carry out all of the duties, authorities and powers of the
Secretary under the Reefs for Marine Life Conservation law, 16 U.S.C.
1220 et seq.;
(l) In consultation and coordination with the Office of
Intelligence, Security and Emergency Response, carry out the functions
under the Defense Production Act of 1950, Public Law 81-774, 64 Stat.
798, as amended (50 U.S.C. app. 2061 et seq.), that were vested in the
Secretary by Executive Order 13603 (``National Defense Resources
Preparedness'') as such authorities relate to the use of sealift
support and port facilities, and other maritime industry related
facilities and services, and maritime-related voluntary agreements
pursuant to Section 708 of the Act;
(m) Carry out the functions related to the National Defense Reserve
Fleet vested in the Secretary pursuant to 50 U.S.C. App. 1744;
(n) Carry out all of the duties, authorities and powers of the
Secretary under the following statutes:
(1) 10 U.S.C. 2218, the National Defense Sealift Fund;
(2) 40 U.S.C. 3134, Bond waiver authority for certain contracts;
(3) 46 U.S.C. 501(b), Waiver of navigation and vessel-inspection
laws and determination of non-availability of qualified U.S. flag
vessels;
(4) 46 U.S.C. 3316, granting authority to appoint a representative
to Executive Board of the American Bureau of Shipping (ABS);
(5) 46 U.S.C. 12119(a)(5), authority to waive or reduce the
qualified proprietary cargo requirements and determine citizenship;
(6) 50 U.S.C. 196, Emergency foreign vessel acquisition; purchase
and requisition of vessels lying idle in United States waters;
(7) 50 U.S.C. 197, Voluntary purchase or charter agreement;
(8) 50 U.S.C. 198, granting authority over requisitioned vessels;
(o) Carry out all of the duties, authorities and powers of the
Secretary with respect to 16 U.S.C. 1220 et seq. (use of obsolete ships
as reefs for marine life conservation);
(p) Carry out all of the duties, powers and authorities delegated
to the Secretary of Transportation by the Administrator of General
Services with respect to the leasing and management of property under
41 CFR 102-72.30, Delegations of Authority;
(q) Carry out all of the duties, authorities and powers vested in
the Secretary by 46 U.S.C. 70101 note, to provide training for maritime
security professionals;
(r) Carry out the duties, authorities and powers of the Secretary
under the following statutes:
(1) Title XV, Subtitle B of the Food, Agriculture, Conservation,
and Trade Act of 1990, Public Law 101-624 (104 Stat. 3359, 3665), 7
U.S.C. 1421 and Chapter 553 of Title 46, U.S.C., authorizing the
Secretary to designate ``American Great Lakes'' vessels that are exempt
from the restrictions relating to the carriage of preference cargoes;
(2) 46 U.S.C. 2302(e) (determination of substandard vessels);
(3) Section 304(a) of Coast Guard and Maritime Transportation Act
of 2006, 33 U.S.C. 1503(i), a program to promote liquefied natural gas
tanker transportation;
(4) Section 306 of Public Law 111-281, concerning the phaseout of
vessels supporting oil and gas development;
(s) Carry out the functions and exercise the authorities vested in
the President by Section 1019 of John Warner National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) and delegated
to the Secretary by the President;
(t) Lead efforts pertaining to civil emergency planning for sealift
support for North Atlantic Treaty Organization (NATO) operations,
including coordinating DOT representation on sealift-related
committees, in coordination with the Office of Intelligence, Security
and Emergency Response;
(u) Carry out the duties, functions, authorities, and powers of the
Secretary under 49 U.S.C. 109(e), (f), (h), (j)(3);
(v) Carry out all of the duties, authorities, and powers of the
Secretary of Transportation, with respect to matters involving the
Clarification Act, Public Law 78-17, 57 Stat. 45, as amended (50 U.S.C.
App. 1291);
(w) Carry out all of the duties, authorities, and powers of the
Secretary under 46 U.S.C. 12102(d).
Sec. 1.94 The National Highway Traffic Safety Administration.
Is responsible for:
(a) In highway safety, setting uniform guidelines for a coordinated
national highway safety formula grant program carried out by the States
and local communities; conducting research and development activities,
including demonstration projects and the collection and analysis of
highway and motor vehicle safety data and related information;
administering highway safety grant programs to encourage State efforts
in such areas as occupant protection, impaired and distracted driving,
traffic safety data information system improvements, motorcyclist
safety, child safety restraints, and graduated driver's licensing;
determining State compliance with highway traffic safety law
requirements; administering a nationwide high visibility enforcement
program; administering the National Driver Register; and leading and
coordinating efforts to establish, expand, and improve State, local,
tribal, and regional emergency medical services and 9-1-1 systems.
(b) In motor vehicle safety, establishing and enforcing safety
standards and regulations for the manufacture and importation of motor
vehicles and motor vehicle equipment; conducting research, development,
and testing concerning motor vehicle safety, including vehicle-to-
vehicle and vehicle-to-infrastructure technologies and other new or
advanced vehicle technologies; and investigating safety-related defects
and non-compliance in motor vehicles and motor vehicle equipment and
administering related recalls.
(c) In automobile fuel economy, establishing automobile fuel
economy standards for passenger and non-passenger automobiles and fuel
efficiency standards for medium and heavy vehicles.
(d) In consumer protection and information, establishing
requirements and carrying out programs for passenger motor vehicle
information, such as the New Car Assessment Program; bumper standards
for passenger motor vehicles; odometer requirements; and passenger
motor vehicle theft prevention standards.
Sec. 1.95 Delegations to the National Highway Traffic Safety
Administrator.
The National Highway Traffic Safety Administrator is delegated
authority to:
(a) Exercise the authority vested in the Secretary under chapters
301, 303, 321, 323, 325, 327, 329, and 331, of Title 49, U.S.C., except
for 49 U.S.C. 32916(b).
(b) Exercise the authority vested in the Secretary by 49 U.S.C.
20134(a) with respect to laws administered by the National Highway
Traffic Safety
[[Page 19842]]
Administration pertaining to highway, traffic and motor vehicle safety.
(c) Carry out, in coordination with the Federal Motor Carrier
Safety Administrator, the authority vested in the Secretary by
subchapter III of chapter 311 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.
(d) Carry out the Highway Safety Act of 1966, as amended (Pub. L.
89-564, 80 Stat. 731), for highway safety programs, research, and
development except those relating to highway design, construction and
maintenance, traffic control devices, identification and surveillance
of crash locations, and highway-related aspects of pedestrian safety.
(e) Exercise the authority vested in the Secretary under chapter 4
of title 23, U.S.C., except for 23 U.S.C. 409.
(f) Carry out the functions and exercise the authority vested in
the Secretary for the following provisions of title 23, U.S.C. (with
respect to matters within the primary responsibility of the National
Highway Traffic Safety Administration): 153, 154, 158, 161, 163, 164,
and 313 (Buy America).
(g) Carry out the consultation functions vested in the Secretary by
Executive Order 11912, as amended (``Delegation of Authorities Relating
to Energy Policy and Conservation'') relating to automobiles.
(h) Exercise the authority vested in the Secretary by section
210(2) of the Clean Air Act, Public Law 90-148, as amended [42 U.S.C.
7544(2)].
(i) Carry out the functions and exercise the authority vested in
the Secretary by the following sections of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users,
Public Law 109-59:
(1) Section 1906 [23 U.S.C. 402 note], relating to the grant
program to prohibit racial profiling;
(2) Section 2010 [23 U.S.C. 402 note], relating to motorcyclist
safety;
(3) Section 2011 [23 U.S.C. 405 note], relating to child safety and
child booster seat incentive grants;
(4) Section 10202 [42 U.S.C. 300d-4], relating to emergency medical
services, as amended by section 31108 of the Moving Ahead for Progress
in the 21st Century Act, Public Law 112-141;
(5) Section 10305(b) [49 U.S.C. 30101 note], relating to the
publication of non-traffic incident data collection; and
(6) Section 10309(a), relating to the testing of 15-passenger van
safety.
(j) Carry out the following functions and exercise the authority
vested in the Secretary under the Energy Independence and Security Act
of 2007 (Pub. L. 110-140):
(1) Section 106 [49 U.S.C. 32902 note], relating to the continued
applicability of existing standards;
(2) Section 107 [49 U.S.C. 32902 note], relating to the National
Academy of Sciences studies;
(3) Section 108, relating to the National Academy of Sciences study
of medium-duty and heavy-duty truck fuel economy;
(4) Section 110 [49 U.S.C. 32908 note], relating to the periodic
review of accuracy of fuel economy labeling;
(5) Section 113 [49 U.S.C. 32904 note], relating to the exemption
from separate calculation requirement;
(6) Section 131(b)(2) and (c)(1) [42 U.S.C. 17011(b)(2), (c)(1)],
relating to the Plug-in Electric Drive Vehicle Program;
(7) Section 225(a), relating to the study of optimization of
flexible fueled vehicles to use E-85 fuel;
(8) Section 227(a), relating to the study of optimization of biogas
used in natural gas vehicles;
(9) Section 242 [42 U.S.C. 17051], relating to renewable fuel
dispenser requirements; and
(10) Section 248(a) [42 U.S.C. 17054(a)], relating to biofuels
distribution and advanced biofuels infrastructure.
(k) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under section 7103 of the
Transportation Equity Act for the 21st Century, Public Law 105-178.
(l) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under sections 3(d), 10, 11 and 13
through 17 [uncodified provisions] of the Transportation Recall
Enhancement, Accountability, and Documentation (TREAD) Act, Public Law
106-414.
(m) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under Anton's Law, Public Law 107-
318.
(n) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under the Cameron Gulbransen Kids
Transportation Safety Act of 2007 or the K.T. Safety Act of 2007,
Public Law 110-189.
(o) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under the Pedestrian Safety
Enhancement Act of 2010, Public Law 111-373.
(p) Carry out the functions and exercise the authority vested in
the Secretary by the following sections of the Moving Ahead for
Progress in the 21st Century Act, Public Law 112-141:
(1) Sections 31101(d) and (f) (23 U.S.C. 402 note), Authorization
of Appropriations;
(2) Sections 31203(b), Civil Penalty Criteria Rule, 31301, Public
Availability of Recall Information, 31302, NHTSA Outreach to
Manufacturer, Dealer, and Mechanic Personnel, 31309(a), Study of Crash
Data Collection, 31401, NHTSA Electronics, Software, and Engineering
Expertise, 31402, Electronics Systems Performance, 31501, Child Safety
Seats, 31502, Child Restraint Anchorage Systems, 31503, Rear Seat Belt
Reminders, 31504, Unattended Passenger Reminders, 31505, New Deadline,
and 31601, Rulemaking on Visibility of Agricultural Equipment;
(3) Section 32201, Crashworthiness Standards; and
(4) Sections 32703, Regulations for Improved Occupant Protection,
Passenger Evacuation, and Crash Avoidance, 32704, Fire Prevention and
Mitigation, 32705, Occupant Protection, Collision Avoidance, Fire
Causation, and Fire Extinguisher Research and Testing, and 32706,
Concurrence of Research and Rulemaking.
(q) Carry out the functions and exercise the authority vested in
the Secretary to implement section 3(g)-(h) of the Automobile
Information Disclosure Act (Pub. L. 85-506, 72 Stat. 325), as amended
(15 U.S.C. 1232(g)-(h)).
Sec. 1.96 The Pipeline and Hazardous Materials Safety Administration.
Is responsible for:
(a) Pipelines. (1) Administering a national program of safety in
natural gas and hazardous liquid pipeline transportation including
identifying pipeline safety concerns, developing uniform safety
standards, and promulgating and enforcing safety regulations;
(2) Increasing the gas and liquid pipeline industry's focus on
safety beyond compliance with minimum standards, with particular
attention to developing strong safety cultures in regulated entities;
(3) Enhancing information awareness systems at the State and local
levels to reduce pipeline damage from excavation and providing grants
to support these systems; and
(4) Encouraging the timely replacement of aging and deteriorating
pipelines in distribution systems, especially in areas with high
potential
[[Page 19843]]
negative consequences to public safety and the environment.
(b) Hazardous materials. (1) Administering a national program of
safety, including security, in multi-modal hazardous materials
transportation including identifying hazardous materials safety
concerns, developing uniform safety standards, and promulgating and
enforcing safety and security regulations; and
(2) Conducting outreach and provide available grants assistance to
increase awareness and emergency preparedness.
Sec. 1.97 Delegations to the Pipeline and Hazardous Materials Safety
Administrator.
The Pipeline and Hazardous Materials Safety Administrator is
delegated responsibility to:
(a) Pipelines. (1) Exercise the authority vested in the Secretary
under chapter 601 of title 49, U.S.C.
(2) Exercise the authority vested in the Secretary under section 28
of the Mineral Leasing Act, as amended (30 U.S.C. 185(a) and 30 U.S.C.
185(w)(3)).
(3) Exercise the authority vested in the Secretary under section 21
of the Deepwater Port Act of 1974, as amended (33 U.S.C. 1520) relating
to the establishment, enforcement and review of regulations concerning
the safe construction, operation or maintenance of oil or natural gas
pipelines on Federal lands and the Outer Continental Shelf.
(4) Carry out the functions vested in the Secretary by section 5
(as it relates to pipelines not over navigable waterways) and section
8(a) (as it relates to pipelines) of the International Bridge Act of
1972 (Pub. L. 92-434, 86 Stat. 731) (33 U.S.C. 535c and 535e(a)).
(5) Exercise the authority vested in the Secretary under the Outer
Continental Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.) with
respect to the establishment, enforcement and review of regulations
concerning pipeline safety.
(6) Carry out the functions vested in the Secretary by section 7 of
Executive Order 12580 (delegating sections 108 and 109, respectively,
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 as amended (49 U.S.C. 9615 et seq.), insofar as
they relate to pipelines.
(7) Exercise the authority vested in the Secretary by 49 U.S.C.
60301 as it relates to pipeline safety user fees.
(8) Exercise the authority vested in the Secretary by 49 U.S.C.
6101 et seq. as it relates to pipeline damage prevention One Call
programs.
(9) Exercise the authority vested in the Secretary by the Pipeline
Safety Improvement Act of 2002 (Pub. L. 107-355, 116 Stat. 2985).
(10) Exercise the authority vested in the Secretary by the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011 (Pub. L.
112-90).
(b) Hazardous materials. Except as delegated to the Under Secretary
of Transportation for Policy by Sec. 1.25:
(1) Carry out the functions vested in the Secretary by 49 U.S.C.
5121(a), (b), (c), (d) and (e), 5122, 5123, and 5124, 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) Participate, with the Administrator of the Federal Aviation
Administration, in the Dangerous Goods Panel at the International Civil
Aviation Organization, under the authority vested in the Secretary by
49 U.S.C. 5120; and
(3) Carry out, in coordination with the Administrators of the
Federal Aviation Administration (for matters relating to the transport
of hazardous materials by aircraft), the Federal Motor Carrier Safety
Administration (for matters relating to the transport of hazardous
materials by public highway), and the Federal Railroad Administration
(for matters relating to the transport of hazardous materials by rail),
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 Sec. Sec. 1.83(d)(2) and (3) (FAA) and
1.87(d)(2) (FMCSA) and by paragraph 2(99) of Department of Homeland
Security Delegation No. 0170.
(4) Exercise the authority vested in the Secretary by sections
33005 (49 U.S.C. 5121 note), 33006, 33008 (49 U.S.C. 5121 note),
33009(b)(2) (49 U.S.C. 5121 note), and 33012 (49 U.S.C. 5117 note) of
the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141,
126 Stat. 405).
(c) Exercise the authority delegated to the Secretary in the
following sections of Executive Order 12777:
(1) Section 2(b)(2) relating to the establishment of procedures,
methods, equipment and other requirements to prevent discharges from,
and to contain oil and hazardous substances in, pipelines, motor
carriers, and railroads; and
(2) Section 2(d)(2) 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 et seq.), to prepare and submit response plans. For
pipelines subject to the Federal Water Pollution Control Act, 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.
Sec. 1.98 The Research and Innovative Technology Administration.
Is responsible for:
(a) Coordinating, facilitating, and reviewing the Department's
research and development programs and activities, except as related to
NHTSA;
(b) After consultation with Operating Administration and OST
offices, making recommendations to the Secretary on all Operating
Administration and OST research budgets;
(c) Providing leadership on technical, navigation, communication,
and systems engineering activities, and spectrum management on behalf
of the civil and civilian PNT communities;
(d) Directing and administering university transportation research
grants;
(e) In coordination with FHWA, NHTSA, and FMCSA, conducting
vehicle-to-vehicle and vehicle-to-infrastructure research;
(f) Advancing Intelligent Transportation Systems (ITS) research and
deployment of real-time multi-modal travel information for travelers,
carriers, and public agencies;
(g) Providing oversight of the activities of the Volpe National
Transportation Systems Center, the ITS Joint Program Office, the Bureau
of Transportation Statistics, and the Transportation Safety Institute;
and
(h) Providing technical support to advance the mission of the
Secretary's Safety Council.
Sec. 1.99 Delegations to the Research and Innovative Technology
Administrator.
The Research and Innovative Technology Administrator is delegated
authority for the following:
(a) Coordination of departmental research and development programs
and activities. (1) Coordinate, facilitate, and review all departmental
research and development programs and activities, except those carried
out by the National Highway Traffic Safety Administration, as described
in section 4(b) of the Norman Y. Mineta Research and Special Programs
Improvement Act (Pub. L. 108-426, 118 Stat. 2423).
(2) After consultation with Operating Administration and OST
offices, RITA shall make recommendations to the
[[Page 19844]]
Secretary on all Operating Administration and OST research budgets.
(b) 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 federal, state and local
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, the National Science and Technology
Council, and the President's Committee of Advisors on Science and
Technology.
(3) 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 (15 U.S.C. 3710a), relating to
the transfer of Federal technology to the marketplace; and section
12(d) of the National Technology Transfer and Advancement Act of 1996
(Pub. L. 104-113), as implemented by OMB Circular A-119: Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities.
(4) Serve as Chair and Executive Secretary of the Department of
Transportation's Research, Development and Technology Planning Council
and Planning Team.
(5) Advocate Department of Transportation policy and program
coordination efforts associated with transportation research.
(6) Represent the Department of Transportation on departmental,
national and international committees and meetings dealing with
transportation research and development (R & D).
(7) Manage the strategic planning process for transportation R & D
across the Department of Transportation and, through the National
Science and Technology Council, across the Federal Government.
(8) Carry out the transportation research and development strategic
planning function vested in the Secretary by 23 U.S.C. 508.
(9) Conduct transportation system-level assessments and policy
research.
(10) Facilitate the creation of transportation public/private
partnerships.
(11) Foster innovation in the transportation sector.
(12) Disseminate information on departmental, national, and
international transportation R & D activities.
(13) Provide legal support for Departmental intellectual property
and patent issues.
(14) Manage department- and government-wide (inter/multimodal)
transportation R & D programs.
(15) Oversee such advisory boards that deal with transportation
system-level R & D assessments and issues, such as the Transportation
Research Board Committee on the Federal Transportation R & D Strategic
Planning Process.
(c) Advanced vehicle technology. Carry out the functions vested in
the Secretary by section 5111 of the Transportation Equity Act for the
21st Century (49 U.S.C. 5506), as extended by the Surface
Transportation Extension Act of 2004, Part V, Public Law 108-310,
September 30, 2004, 118 Stat. 1144, and section 5513(j) of SAFETEA-LU.
(d) Remote sensing technology. Carry out the functions vested in
the Secretary by section 5113 of the Transportation Equity Act for the
21st Century (23 U.S.C. 502 Note), as extended by the Surface
Transportation Extension Act of 2004, Part V, Public Law 108-310,
September 30, 2004, 118 Stat. 1144, and section 5506 of SAFETEA-LU.
(e) University transportation research. Carry out the functions
vested in the Secretary by section 5110 of the Transportation Equity
Act for the 21st Century (49 U.S.C. 5505), as extended by the Surface
Transportation Extension Act of 2004, Part V, Public Law 108-310,
September 30, 2004, 118 Stat. 1144, and sections 5401 and 5402 of
SAFETEA-LU.
(f) Volpe National Transportation Systems Center. Exercise the
authority vested in the Secretary with respect to the activities of the
Volpe National Transportation Systems Center as described in 49 U.S.C.
112(d)(1)(E) and carry out the functions vested in the Secretary by 49
U.S.C. 328 with respect to the working capital fund for financing the
activities of the Volpe National Transportation Systems Center.
(g) Exercise authority over the Transportation Safety Institute.
(h) Carry out the functions vested in the Secretary by 49 U.S.C.
111 relating to transportation statistics, analysis, and reporting.
(i) Carry out the functions vested in the Secretary by 49 U.S.C.
5503(d) (Office of Intermodalism).
(j) Aviation information. (1) Carry out the functions vested in the
Secretary by 49 U.S.C. 329(b)(1) relating to the collection and
dissemination of information on civil aeronautics.
(2) Carry out the functions vested in the Secretary by section
4(a)(7) of the Civil Aeronautics Board Sunset Act of 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.
(3) Carry out the functions vested in the Secretary by: 49 U.S.C.
40113 (relating to taking such actions and issuing such regulations as
may be necessary to carry out its air commerce and safety
responsibilities), 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.
(k) Hazardous materials information. In coordination with the Under
Secretary, work with the Operating Administrations to determine data
needs, collection strategies, and analytical techniques appropriate for
implementing 49 U.S.C. 5101 et seq.
(l) Carry out the functions vested in the Secretary by section
1801(e) of SAFETEA-LU (establishing and maintaining a national ferry
database).
(m) Carry out the functions vested in the Secretary by section
5513(c), (d), (g), (h), (i), (l), and (m) of SAFETEA-LU (establishing
various research grants).
(n) Carry out the functions vested in the Secretary by section
5201(m) of SAFETEA-LU (biobased transportation research program).
(o) Carry out the functions vested in the Secretary by 23 U.S.C.
509 (establishing and supporting a national cooperative freight
transportation research program).
(p) Positioning, navigation and timing (PNT) and spectrum
management. Carry out the functions described in the Secretarial memo
of August 1, 2007, ``Positioning, Navigation and Timing (PNT) and
Spectrum Management Realignment under the Research and Innovative
Technology Administration (RITA).''
(q) Carry out the Secretary's authority to establish, operate and
manage the Nationwide Differential Global Positioning System (NDGPS) as
described in Section 346 of Public Law 105-66 (Department of
Transportation
[[Page 19845]]
and Related Agencies Appropriations Act of 1998).
Sec. 1.100 The Saint Lawrence Seaway Development Corporation.
Is responsible for the development, operation, and maintenance of
that part of the Saint Lawrence Seaway within the territorial limits of
the United States.
Sec. 1.101 Delegations to the 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 (Pub. L. 95-474, 92 Stat. 1471) [33 U.S.C. 1223-1225, 1227, and
1231-1232] as they relate to the operation of the Saint Lawrence
Seaway.
(b) Carry out the functions vested in the Secretary by section 5
and section 8(a) of the International Bridge Act of 1972 (Pub. L. 92-
434, 86 Stat. 731) [33 U.S.C. 535c and 535e(a)] as it relates to the
Saint 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. 1902e] as it
relates to ships owned or operated by the Corporation when engaged in
noncommercial service.
Appendix A to Part 1--Delegations and Redelegations by Secretarial
Officers
1. Director of Budget. The Assistant Secretary for Budget and
Programs and CFO 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 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 17658, 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 (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 Federal Aviation Administration,
Federal Highway Administration, Federal Railroad Administration,
National Highway Traffic Safety Administration, Federal Transit
Administration, the Saint Lawrence Seaway Development Corporation,
Maritime Administration, and Research and Innovative Technology
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 the 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.
Issued in Washington, DC, on February 10, 2016.
Anthony R. Foxx,
Secretary of Transportation.
[FR Doc. 2016-04230 Filed 4-4-16; 8:45 am]
BILLING CODE 4910-9X-P