Vol. 77 Friday, 

No. 160 August 17, 2012 

Part V 

Department of Transportation 

49 CFR Part 1 

Organization and Delegation of Powers and Duties; Final Rule 


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49964 Federal Register / Vol. 77, No. 160 / Friday, August 17, 2012 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

[Docket No. DOT–OST–2012–0123] 

49 CFR Part 1 

RIN 2105–AE19 

Organization and Delegation of Powers 

and Duties 

AGENCY: Office of the Secretary, DOT. 

ACTION: Final rule. 

SUMMARY: The Office of the Secretary of 

Transportation (OST) is updating its 

regulations. These regulations govern 

the organization of the Department of 

Transportation and delegations of 

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 Operating Administrations. 

This rule is a publication of delegations 

made by the Secretary to other 

Departmental officials. 

DATES: Effective Date: August 16, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Robert Gorman, Office of the General 

Counsel, at (202) 366–1162, via email at 

robert.gorman@dot.gov, or by writing to: 

Robert Gorman, Office of General Law, 

C–10, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule updates the Code of 

Federal Regulations (CFR) sections that 

set forth the organization of the 

Department of Transportation and 

delegations of 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 provide a road map to the 

public and government officials 

regarding how the Department operates, 

which office is responsible for which 

tasks, and the authority pursuant to 

which Departmental offices act. 

The regulations set forth in 49 CFR 

Part 1 are outdated and do not 

accurately reflect how the Department 

operates. For example, Part 1 still 

references the Coast Guard and the 

Transportation Security Administration; 

the Department is no longer responsible 

for these entities, and their presence in 

Part 1 creates unnecessary confusion. 

This rule amends Part 1 in three ways. 

First, it removes items that are outdated 

and are no longer the Department’s 

responsibility. Second, it updates the 

Secretary’s delegations to reflect new 

statutory responsibilities and 

organizational changes within the 

Department. Third, it clarifies the text, 

updates citations, and reorganizes the 

sections in Part 1 to increase 

transparency, accessibility, and 

readability. 

This final rule does not impose 

substantive requirements. It simply 

updates the CFR to represent the current 

statutory and organizational posture of 

the Department. The final rule is 

ministerial in nature and relates only to 

Departmental management, 

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 

significant comments on the substance 

of the rule. Therefore, the Department 

finds that there is good cause under 5 

U.S.C. 553(d)(3) to make this rule 

effective less than 30 days after 

publication in the Federal Register. 

These revisions do not reflect all 

changes to Secretarial authorities or 

delegations that may arise under the 

Moving Ahead for Progress in the 21st 

Century Act (‘‘MAP–21’’), Public Law 

112–141 (enacted July 6, 2012). The 

Department anticipates future revisions 

to Part 1 as a result of MAP–21. 

Organization 

Part 1 of 49 CFR lays out the structure 

of the Department of Transportation, 

describes the role of each Departmental 

component, and contains delegations of 

authority from the Secretary. Part 1 is 

being reorganized to make that 

information more accessible and easier 

to navigate. For example, the prior rule 

set forth the ‘‘key responsibilities’’ of 

the Office of the Secretary and the 

Operating Administrations in one 

section, described the ‘‘spheres of 

primary responsibility’’ for OST officers 

in a different section, and set forth the 

Secretary’s delegations to Departmental 

components in various succeeding 

sections. In contrast, the amended rule 

describes each Departmental component 

in its own section, and places any 

delegated responsibilities to that 

component in an adjacent section. This 

final rule also clarifies the position of 

the Office of Inspector General within 

the Department. 

Subsection A describes fundamental 

elements of the Department as a whole. 

Subsection B describes the organization 

of the Office of the Secretary, the role 

of each OST component, and the 

Secretary’s delegations to OST officers. 

Subsection C relates to the Office of 

Inspector General. Subsection D 

describes the role of each Operating 

Administration, and sets forth the 

Secretary’s delegations to Operating 

Administrators. 

Regulatory Analyses and Notices 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

The final rule is not considered 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 

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 a substantial direct effect 

on, or sufficient federalism implications 

for, the States, nor would it limit the 

policymaking discretion of the States. 

Therefore, the consultation 

requirements of Executive Order 13132 

do not apply. 

Executive Order 13175 

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 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 would impose any 

costs on small entities as it makes nonsubstantive corrections. Therefore, I 

certify this final rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Paperwork Reduction Act 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 


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Unfunded Mandates Reform Act 

The Office of the Secretary has 

determined that the requirements of 

Title II of the Unfunded Mandates 

Reform Act of 1995 do not apply to this 

rulemaking. 

List of Subjects in 49 CFR Part 1 

Authority delegations (Government 

agencies), organization and functions 

(Government agencies). 

In consideration of the foregoing, the 

Department revises Title 49, Part 1 of 

the Code of Regulations 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. 

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 Assistant Secretary for Budget and 

Programs and Chief Financial Officer. 

1.34 Delegations to the Assistant Secretary 

for Budget and Programs and Chief 

Financial Officer. 

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 Saint Lawrence 

Seaway Development Corporation 

Administrator. 

Appendix A to Part I—Delegations and 

Redelegations by Secretarial Officers 

Authority: 49 U.S.C. 322. 

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 

an authority other than that of the 

official proposing to act. 

(b) Subject to the reservations of 

authority to the Secretary of 

Transportation in section 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 


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13526 (see also E.O. 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. 

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. 

§ 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; and 

(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. 

§ 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 Safety, Energy, and 

the Environment, 

(ii) The Office of Infrastructure 

Finance and Innovation, and 

(iii) The Office of Economic and 

Strategic Analysis. 

(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 Assistant Secretary 

for Budget and Programs and Chief 

Financial Officer. This Office is 

composed of: 

(1) The Office of Budget and Program 

Performance, 

(2) The Office of Financial 

Management, and 

(3) The Office of the Chief Financial 

Officer for the Office of the Secretary. 

(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. 

§ 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) Assistant Secretary for Budget and 

Programs and CFO. 

(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. 


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(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 

§ 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 49 CFR 

Part 1, 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 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 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; 

(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 Public Law 

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 and 

154, which are specifically delegated in 

§ 1.85 (FHWA) and § 1.95 (NHTSA). 

(10) National Highway Safety 

Advisory Committee. Directing the 


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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 

Federal Property Management 

Regulation G–72, as amended, 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. 

(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 E.O. 

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, Public Law 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). 

(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, 

Public Law 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, 

Public Law 81–774, 64 Stat. 798 [50 

U.S.C. App. 2061 et seq.] and Executive 

Order 10480 (3 CFR, 1949–1953 comp., 

p. 962), 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 No. 11382 (3 CFR, 1966–1970 

comp., p. 691), 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 No. 12188 (3 CFR, 1980 

comp., p. 131), 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 


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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 

§ 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 of this part; 

(5) Chapter 473 of title 49, U.S.C., 

relating to international airport 

facilities. 

(6) Section 11 of the Clayton Act, 

Public Law 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, 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, Public Law 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, Public Law 107–42 

[49 U.S.C. 40101 note], as delegated to 

the Secretary of Transportation by the 

President pursuant to a Presidential 

Memorandum dated September 25, 

2001. 

(l) Exercise the authority vested in the 

Secretary by section 11143 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users, Public Law 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 taxexempt financing of highway projects 

and rail-truck facilities. 

(m) In coordination with the General 

Counsel, 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. 

§ 1.25a Redelegations by the Under 

Secretary of Transportation for Policy. 

(a) The Assistant Secretary for 

Transportation Policy is delegated 

authority to: 

(1) Establish policy and maintain 

oversight of implementation of the 

National Environmental Policy Act of 

1969, Public Law 91–190, as amended 

(42 U.S.C. 4321–4347) within the 

Department of Transportation. 

(2) Oversee the implementation of 49 

U.S.C. 303 (Policy on lands, wildlife 

and waterfowl refuges, and historic 

sites). 

(3) 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. 

(4) Serve as the Department’s 

designated principal conservation 

officer pursuant to section 656 of the 

Department of Energy Organization Act, 

Public Law 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. 

(5) Carry out the functions of section 

42303 of 49 U.S.C., relating to the 

management of the Web site regarding 

the use of insecticides in passenger 

aircraft. 

(6) In coordination with the General 

Counsel, 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. 

(7) 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 

delegated authority to: 

(1) 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, 

Public Law 81–774, 64 Stat. 798 [50 

U.S.C. App. 2061 et seq.] and Executive 

Order 10480 (3 CFR, 1949–1953 comp., 

p. 962), as amended (see also Executive 

Order 10773 and 12919). 

(2) Serve as Department of 

Transportation member of the 

Interagency Group on International 

Aviation, and pursuant to Executive 

Order No. 11382 (3 CFR, 1966–1970 

comp., p. 691), serve as Chair of the 

Group. 

(3) 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 No. 12188 (3 CFR, 1980 

comp., p. 131). 

(4) As supplemented by 14 CFR Part 

385, and except as provided in §§ 1.99 

(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 

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 


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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 of this part; 

(v) Chapter 473 of title 49, U.S.C., 

relating to international airport 

facilities. 

(vi) Section 11 of the Clayton Act, 

Public Law 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, 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, Public Law 90– 

321 [15 U.S.C. 1607(a)(4), 1681s(b)(5), 

1691c(a)(5), and 1692l(b)(5)]. 

(5) 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. 

(6) Carry out section 101(a)(2) of the 

Air Transportation Safety and System 

Stabilization Act, Public Law 107–42 

[49 U.S.C. 40101 note], as delegated to 

the Secretary of Transportation by the 

President pursuant to a Presidential 

Memorandum dated September 25, 

2001. 

(7) 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. 

(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) Consider, ascertain, adjust, 

determine, compromise, and settle for 

an amount not exceeding $100,000, any 

tort claim arising from the activities of 

any employee of the Office of the 

Secretary; and request the approval of 

the Attorney General for any such 

award, compromise, or settlement in 

excess of $100,000 (28 CFR part 14.). 

(k) Compromise, suspend collection 

action on, or terminate claims of the 

United States not exceeding $100,000 

(excluding interest) that are referred to, 

or arise out of the activities of 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), relating to the 

determination that information is 


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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. 

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 E.O. 

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)). 

§ 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, Public Law 

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, 

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). 

§ 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). 

§ 1.33 Assistant Secretary for Budget and 

Programs and Chief Financial Officer. 

(a) The Assistant Secretary for Budget 

and Programs is the principal budget 

and financial advisor to the Secretary 

and serves as Chief Financial Officer 

(CFO) for the Department. The Assistant 

Secretary for Budget and Programs and 

CFO provides oversight and policy 

guidance for all budget, financial 

management, program performance, and 

internal control activities of the 


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Department and its Operating 

Administrations. 

(b) The Assistant Secretary for Budget 

and Programs and CFO 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 Assistant Secretary for Budget 

and Programs and CFO, 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 Assistant Secretary for Budget 

and Programs and CFO 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 Office of the Assistant 

Secretary for Budget and Programs and 

CFO 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. 

§ 1.34 Delegations to the Assistant 

Secretary for Budget and Programs and 

Chief Financial Officer. 

The Assistant Secretary for Budget 

and Programs and CFO 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 Financial 

Management, and the Office of the CFO 

for the Office of the Secretary. 

(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) Act for the Secretary and Deputy 

Secretary with respect to certain 

budgetary and administrative matters 

relating to the Immediate Office of the 

Secretary. 

(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 not exceeding $100,000 

(excluding interest) which are referred 

to, or arise out of the activities of, the 

Office of the Secretary (excluding claims 

pertaining to the Working Capital 

Fund). 

(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) 

(1993). 

(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). 

§ 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. 

§ 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 


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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. 

§ 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. 

(2) Make the required determinations 

with respect to mistakes in bids relative 

to sales of personal property conducted 

by the Office of the Secretary without 

power of redelegation. 

(3) Carry out the functions vested in 

the Secretary by sections 3 and 4(b) (as 

appropriate) of Executive Order 11912 

(energy conservation). 

(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, loans, 

and other transactions. 

(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 Chairman 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, 

including issuing final interpretations 

for the Department and its Operating 

Administrations on matters arising 

under section 7117 of title VII of the 

Civil Service Reform Act of 1978. 

(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 to implement all related 

rules and regulations of the President 

and the Office of Personnel 

Management, and all laws government 

human resource management as 

delineated in the Federal Workforce 

Improvement Act of 2002. 

(c) Sustainability. 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); E.O. 13514 (Federal Leadership in 

Environmental, Energy, and Economic 

Performance); and E.O. 14323 

(Strengthening Federal Environmental, 

Energy, and Transportation 

Management). 

(d) Finance. (1) Administer the 

financial and fiscal affairs of the Office 

of the Secretary (other than those for 

which the Assistant Secretary for 

Budget and Programs and CFO is 

responsible), in accordance with 31 

U.S.C. 3512. 

(2) Settle and pay claims by 

employees of the Office of the Secretary 

for personal property losses, as provided 

by 31 U.S.C. 241(b). 

(3) Waive claims and make refunds in 

connection with claims of the United 

States for erroneous Working Capital 

Fund (WCF) payments of pay and 

allowances or of travel, transportation, 

and relocation expenses and allowances 

to a WCF employee of the Office of the 

Secretary in amounts aggregating not 

more than $1,500 without regard to any 

repayments, and deny requests for 

waiver of such claims regardless of the 

aggregate amount of the claim, as 

provided by 4 CFR parts 91, 92, and 93. 

This authority may be redelegated only 

to the Director of Financial 

Management. 

(4) Compromise, suspend collection 

action on, or terminate claims of the 

United States not exceeding $100,000 

(excluding interest) which are referred 

to, or arise out of the activities of, the 

Working Capital Fund. 

(5) Oversee the Working Capital Fund 

for the Office of the Secretary, 

established by 49 U.S.C. 327. 

(6) Oversee a mass transportation and 

vanpool transportation fringe benefit 

program under Executive Order 13150. 

(e) Special funds. Except as otherwise 

delegated, establish or operate, or both, 

such special funds as may be required 

by statute or by administrative 

determination. This excludes the 

Working Capital Fund (49 U.S.C. 327). 

(f) 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.’’ 


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(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. 

(g) Printing. (1) Request approval of 

the Joint Committee on Printing, 

Congress of the United States, for any 

procurement or other action requiring 

Committee approval. 

(2) Certify the necessity for 

departmental periodicals and request 

approval of the Director of the Office of 

Management and Budget (OMB Circular 

No. A–3 Revised as of Sept. 8, 1960). 

(h) Building management. Carry out 

the functions vested in the Secretary by 

sections 1(c) and 4(b) (as appropriate) of 

Executive Order 11912 (energy 

conservation). 

(i) Hearings. Provide logistical and 

administrative support to the 

Department’s Office of Hearings. 

(j) Federal real property management. 

Carry out the functions assigned to the 

Secretary with respect to Executive 

Order 13327, as amended. 

(k) The Uniform Act. Carry out the 

functions, powers, and duties of the 

Secretary to implement the Uniform Act 

(42 U.S.C. Chapter 61) with respect to 

programs administered by the Office of 

the Secretary. This authority is subject 

to the requirements listed in § 1.81 that 

govern all Operating Administrations’ 

authority with respect to the Uniform 

Act. 

(l) Regulations. 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. 

(m) 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. 

(n) 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. 

(o) Telework Managing Officer. Serve 

as the Telework Managing Officer 

pursuant to 5 U.S.C. 6505. 

§ 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 and oversee human 

resource policies for the Department of 

Transportation, including concurrence 

in the appointment and promotion of all 

HR Directors in each Operating 

Administration and participation with 

each Administrator in the performance 

reviews of HR Directors. 

(2) 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. 

(3) Develop, coordinate, and issue 

wage schedules for Department 

employees under the Federal Wage 

System. 

(c) The Director of Financial 

Management is redelegated the 

authority to: 

(1) Designate to the Treasury 

Department certifying officers and 

designated agents for the Office of the 

Secretary and imprest fund cashiers for 

the Departmental Headquarters. 

(2) Certify to the validity of 

obligations as required by 31 U.S.C. 200 

and to the adequacy of bond coverage 

for the designations under section 

160(c)(2). 

(3) Sign reports on Budget Execution 

as required by OMB Circular A–34 

(Revised). 

(4) Review and approve for payment 

any voucher for $25 or less the authority 

for payment of which is questioned by 

a certifying or disbursing officer. 

(5) Process essential air service 

payments. 

(6) Approve claims of WCF employees 

allowable under 31 U.S.C. 3721 for 

amounts of $500 or less. 

§ 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. 

§ 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 


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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]. 

(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 No. 12898, Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (See also E.O. 

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. 140, 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 

and execution of functions and duties 

under sections 2[8] and 2[15] of the 

Small Business Act (Public Law 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. 

§ 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; the 

Defense Production Act of 1950, 50 

U.S.C. App. 2061 et seq., as such 

authorities are delegated to the 

Department under Executive Order 

13603, National Defense Resource 

Preparedness; Executive Order 12148, 

as amended, Federal Emergency 

Management; Executive Order 12656, 

Assignment of Emergency Preparedness 

Responsibilities (as amended; see E.O. 

13286); Executive Order 12742, 

National Security Industrial 

Responsiveness; Executive Order 13434, 

National Security Professional 

Development; Reorganization Plan No. 3 

of 1978; 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 


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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 E.O. 

13286). 

(g) Carry out the functions vested in 

the Secretary by 49 U.S.C 40119(b), as 

implemented by 49 CFR part 15, related 

to the designation of information as 

Sensitive Security Information. 

(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. 

(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. 

(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. 

§ 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 

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. 

§ 1.49 Delegations to the Chief Information 

Officer. 

The Chief Information Officer is 

delegated authority to carry out all 

functions and responsibilities: 

(a) Assigned to the Secretary with 

respect to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3506); 

(b) Assigned to the Secretary with 

respect to the Clinger-Cohen Act of 1996 

(40 U.S.C. 11312 to 11314, and 11317); 

(c) Assigned to the Secretary with 

respect to the E–Government Act of 

2002, Public Law 107–347; 

(d) Necessary to ensure compliance 

with the Federal Information Security 

Management Act of 2002 (44 U.S.C. 

3534 and 3544); 

(e) To serve as the Chief Privacy 

Officer under the Privacy Act, 5 U.S.C. 

552a (note; see Pub. L. 108–447) and to 

administer the Privacy Act 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) Necessary to issue notices of 

Department of Transportation systems 

of records as required by the Privacy 

Act; and 

(g) 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 1220 et seq.; 44 

U.S.C. Chapters 21, 29, 31, and 33), in 

coordination with the General Counsel. 

§ 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 


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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 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 

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, in an amount not 

exceeding $1,000 in value and subject to 

the concurrence of the Designated 

Agency Ethics Official, the following: 

gifts of property (other than real 

property), gifts of services (in carrying 

out aviation duties and powers) or 

reimbursement of travel expenses from 

non-federal sources. Acceptance of such 

gifts or travel reimbursement exceeding 

$1,000 in value or those that 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 49 CFR 

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. 

§ 1.72 Structure. 

This Office is composed of: 

(a) The Office of the Deputy Inspector 

General; 

(b) The Office of the Principal 

Inspector General for Investigations; 

(c) The Office of the Principal 

Inspector General for Auditing and 

Evaluation; 

(d) The Office of the Assistant 

Inspector General for Administration; 

(e) The Office of the Assistant 

Inspector General for Legal, Legislative 

and External Affairs; 

(f) The Office of the Assistant 

Inspector General for Aviation and 

Special Programs; 

(g) The Office of the Assistant 

Inspector General for Financial and 

Information Technology Audits; 

(h) The Office of the Assistant 

Inspector General for Highway and 

Transit Audits; 

(i) The Office of the Assistant 

Inspector General for Rail, Maritime and 

Economic Analysis; and 

(j) The Office of the Assistant 

Inspector General for Acquisition and 

Procurement Audits. 

§ 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. 


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§ 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 the Secretary. 

(c) Exercise the authority of the 

Secretary to resolve informal allegations 

of discrimination arising in or relating 

to the 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) The implied authority to solicit 

gifts associated with 49 U.S.C. 326(a), 

notwithstanding the reservation of 

authority to the Secretary in section 

1.21. 

(f) Carry out the emergency 

preparedness functions assigned to the 

Secretary by Executive Order 12656 (as 

amended; see E.O. 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 and make refunds in 

connection with claims of the United 

States for erroneous payment of pay and 

allowances or of travel, transportation, 

and relocation expenses and allowances 

in amounts aggregating not more than 

$1,500 without regard to any 

repayments, and deny requests for 

waiver of such claims regardless of the 

aggregate amount of the claim, as 

provided by 4 CFR parts 91, 92, and 93. 

(i) Settle and pay claims by employees 

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) Request the Attorney General, after 

the concurrence of the General Counsel, 

to approve the award, compromise, or 

settlement of any tort claim for an 

amount exceeding $100,000 (excluding 

interest) (28 U.S.C. 2672). 

(l) Compromise, suspend collection 

action on, or terminate claims of the 

United States not exceeding $100,000 

(excluding interest) that are referred to, 

or arise out of the activities of the Office 

of Inspector General. 

(m) Compromise, suspend collection 

action on, or terminate tort claims 

against the United States not exceeding 

$100,000 (excluding interest) that are 

referred to, or arise out of the activities 

of the Office of Inspector General 

provided that when the Inspector 

General believes that a claim against the 

United States 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; and provided further that 

whenever he or she settles any 

administrative claim against the United 

States for an amount in excess of 

$50,000, the 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, 5 

U.S.C. 552a(b)(7), for records 

maintained by other agencies that are 

necessary to carry out an authorized law 

enforcement activity. 

Subpart D—Operating Administrations 

§ 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: 

(1) Exercise the authority of the 

Secretary over and with respect to any 

personnel within their respective 

organizations. 

(2) Exercise the authority of the 

Secretary as executive head of a 

department, under any statute, 

Executive Order or regulation. 

(3) 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, 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 E.O. 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 


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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 and make refunds 

in connection with claims of the United 

States for erroneous payment of pay and 

allowances or of travel, transportation, 

and relocation expenses and allowances 

in amounts aggregating not more than 

$1,500 without regard to any 

repayments, and deny requests for 

waiver of such claims regardless of the 

aggregate amount of the claim, as 

provided by 4 CFR parts 91, 92, and 93. 

Redelegation of this authority may be 

made only to the level of Regional 

Director or Regional Administrator. 

(14) Settle and pay claims by 

employees 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 

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) Request the Attorney General, 

after the concurrence of the General 

Counsel, to approve the award, 

compromise, or settlement of any tort 

claim for an amount exceeding $100,000 

(excluding interest) (28 U.S.C. 2672). 

(21) Compromise, suspend collection 

action on, or terminate claims of the 

United States not exceeding $100,000 

(excluding interest) that are referred to, 

or arise out of the activities of, his or her 

Operating Administration. 

(22) Compromise, suspend collection 

action on, or terminate claims against 

the United States under the Federal Tort 

Claims Act, not exceeding $100,000 

(excluding interest) that are referred to, 

or arise out of the activities of, his or her 

Operating Administration; provided that 

when the Administrator believes that a 

claim against the United States presents 

a novel question of law or of policy, he 

or she shall coordinate with the General 

Counsel to obtain the advice of the 

Assistant Attorney General in charge of 

the Civil Division; and provided further 

that whenever he or she settles any 

administrative claim against the United 

States for an amount in excess of 

$50,000, the Administrator shall prepare 

a memorandum fully explaining the 

basis for the action taken and 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, in an amount not 

exceeding $1,000 in value and subject to 

the concurrence of the Operating 

Administration’s Deputy Ethics Official, 

the following: Gifts of property (other 

than real property), gifts of services (in 

carrying out aviation duties and powers) 

or reimbursement of travel expenses 

from non-federal sources. Acceptance of 

such gifts or travel reimbursement 

exceeding $1,000 in value or those that 

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 49 CFR 

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), 


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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 section 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: 

(1) 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; 

(2) Planning and supporting the 

development of an integrated national 

system of airports, with due 

consideration of safety, capacity, 

efficiency, environmental compatibility 

and sustainability; 

(3) Administering federal financial 

assistance programs for airports 

including airport grants-in-aid; 

(4) Preserving and enhancing the 

safety and efficiency of the Nation’s air 

transportation system by implementing 

NextGen and other technologies, as 

appropriate; 

(5) Registering aircraft and recording 

rights in aircraft; 

(6) Developing, modifying, testing, 

and evaluating systems, procedures, 

facilities, and devices needed for the 

safe and efficient navigation and traffic 

control of aircraft; 

(7) Locating, constructing or 

installing, maintaining and operating 

Federal aids to air navigation, wherever 

necessary; 

(8) 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; 

(9) Promoting aviation safety and 

efficiency through technical aviation 

assistance to foreign aviation 

authorities; 

(10) Developing strategies to improve 

runway safety at all commercial service 

airports; 

(11) 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; 

(12) Conducting an effective airport 

technology research program to improve 

airport safety, efficiency, and 

sustainability; 

(13) 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. 

(14) Promoting and encouraging U.S. 

leadership in commercial space 

activities, and promulgating and 

enforcing regulations on safety matters 

relating to commercial space 

transportation. 

§ 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; 

(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 (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 

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. 

(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 interagency agreement of December 9, 

1960, and Executive Order 11382, and 


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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) 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. 

(b) Planning, in cooperation with the 

States, the national highway system. 

(c) Improving, in cooperation with the 

States (via the provision of grants), 

roads on the Federal-aid primary, 

secondary, and interstate highway 

systems and urban extensions thereof, to 

increase the percentage of highways in 

good condition. 

(d) Identifying and deploying 

innovation aimed at shortening project 

delivery, enhancing the safety of our 

roadways, and protecting the 

environment. 

(e) Surveying and constructing forest 

highway system roads, defense 

highways and access roads, and 

parkways and roads in national parks 

and other federally-administered areas. 

(f) Developing and administering 

uniform State standards for highway 

safety programs with respect to 

identification and surveillance of 

accident locations; highway design, 

construction, and maintenance, 

including context sensitive solutions, 

highway-related aspects of pedestrian 

safety, and traffic control devices. 

(g) Administering the Department’s 

Highway Bridge Program to ensure the 

Nation has safe, well-maintained 

bridges for use by the traveling public. 

(h) In coordination with NHTSA, 

RITA, and FMCSA, conducting vehicleto-vehicle and vehicle-to-infrastructure 

research. 

(i) 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. 

(j) Maximizing the positive impacts 

on the U.S. economy by encouraging 

domestic manufacturing on highway 

projects through the enforcement of Buy 

America provisions. 

§ 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 sections 142 (as it relates to 

matters within the primary 

responsibility of the Federal Transit 

Administrator), 153, 154, 158, 159, 161, 

and 164. 

(2) Chapter 2, Other Highways, except 

for section 205. 

(3) Chapter 3, General Provisions, 

except for section 322. 

(4) Section 409 of chapter 4, Highway 

Safety. 

(5) Chapter 5, Research, Technology, 

and Education, except for sections 508 

and 509. 

(6) Chapter 6, Infrastructure Finance, 

subject to the limitations set forth in 

sections 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). 

(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, 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, 70 

Stat. 374). 

(5) The Highway Revenue Act of 

1956, as amended (Pub. L. 84–627, 70 

Stat. 374, 387, 23 U.S.C.A. 120 note). 

(6) The Alaska Omnibus Act, as 

amended (Pub. L. 86–70, 73 Stat. 141, 

48 U.S.C.A. 21 note.). 

(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, 23 U.S.C.A. 101 et seq., 

notes). 

(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; 

Public Law 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.A. 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, 


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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 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, 1958, 1959, 1962, 

1964, 4404 (as it relates to matters 

within the primary responsibility of the 

Federal 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 (Publ. L. 109– 

59, 119 Stat. 1144). 

(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 (Public 

Law 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) and chapter 4 of title 23 

U.S.C. as amended by section 207 of the 

Surface Transportation Assistance Act 

of 1978 for highway safety programs, 

research and development relating to 

highway design, construction and 

maintenance, traffic control devices, 

identification and surveillance of 

accident locations, and highway-related 

aspects of pedestrian and bicycle safety. 

(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, Pub. 

L. 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 of this part. 

(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). 

§ 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 14701 through 14705, 

14707, 14708, 14710, and 14711 of 


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chapter 147, relating to enforcement 

remedies, investigations and motor 

carrier liability; and 

(8) Sections 14901 through 14913 and 

14915 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 

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 (3 CFR, 1992 Comp., p. 

351), 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, Public Law 

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, and 521(b). 

(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. 31100 

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). 

§ 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 


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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. 

§ 1.89 Delegations to the Federal Railroad 

Adminstrator. 

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 33 U.S.C. 535c, as it 

relates to railroad bridges not over 

navigable waterways. 

(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 Railway 

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 

§ 1.25 of this part, 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) Investigate and report on safety 

compliance records of applicants 

seeking railroad operating authority 

from the Surface Transportation Board, 

and to intervene and present evidence 

concerning applicants’ fitness in Board 

proceedings under 49 U.S.C. 307, 

relating to railroads. 

(q) Carry out the function vested in 

the Secretary by the Bankruptcy Code 

(11 U.S.C. 1163), which relates to the 

nomination of trustee for rail carriers in 

reorganization, with the concurrence of 

the Office of the General Counsel. 

§ 1.90 The Federal Transit Administration. 

Is responsible for: 

(a) Providing grants that support the 

development of safe, comprehensive 

and coordinated public transportation 

systems; 

(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. 

§ 1.91 Delegations to the Federal Transit 

Administrator. 

The Secretary delegates to the Federal 

Transit Administrator the authority 

vested in him to carry out the following: 

(a) Chapter 53 of title 49, United 

States Code. 

(b) Sections 3 and 9 through 15 of the 

National Capital Transportation 

Assistance Act of 1969, as amended (DC 

Code, § 9–1101.01 et seq.). 

(c) Sections of title 23, United States 

Code, that involve public transportation 

projects, including those provisions that 

pertain to 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 

SAFETEA–LU: 

(1) [49 U.S.C. 5308 note], 3046 [49 

U.S.C. 5338 note], 3048, 3049 [5 U.S.C. 

7905 note], and 3050; and 

(2) Sections 6009(b) [23 U.S.C. 138 

note] and (c), and 6010, as they relate to 

public transit projects. 

(f) Section 601 of Title VI of the 

Passenger Rail Investment and 

Improvement Act of 2008 (Pub. L. 110– 

432, Div. B). 

§ 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 


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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, 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 

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 related to emergency 

preparedness and response vested in the 

Secretary by the Defense Production Act 

of 1950, 50 U.S.C. App. 2061, et seq., 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; 

(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; 


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(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: 

(i) 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; 

(ii) 46 U.S.C. 2302(e) (determination 

of substandard vessels); 

(iii) Section 304(a) of Coast Guard and 

Maritime Transportation Act of 2006, 33 

U.S.C. 1503(i), a program to promote 

LNG tanker transportation; 

(iv) 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. 

§ 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; carrying out a research, 

development, and demonstration 

program; 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, and child safety restraints; 

administering a nationwide high 

visibility enforcement program; and 

administering the National Driver 

Register. 

(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 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 

Administrator 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 (23 U.S.C. 401 et 

seq.), except as it relates to highway 

safety programs, research and 

development relating to highway 

design, construction and maintenance; 

traffic control devices; identification 

and surveillance of accident locations; 

and highway-related aspects of 

pedestrian and bicycle safety. 

(e) Carry out the functions and 

exercise the authority vested in the 

Secretary under 23 U.S.C. 406(e)(3), to 

engage in activities with States and 

State legislators to consider proposals 

related to safety belt use laws. The 

National Highway Traffic Safety 

Administrator may further delegate this 

authority, including to other 

Administrators within the Department. 

(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 

Administrator): 153, 154, 157, 158, 161, 

163, 164, and 313 (Buy America). 

(g) Carry out the consultation 

functions vested in the Secretary by 

Executive Order 11912, as amended 

(energy 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 following functions 

and exercise the authority vested in the 

Secretary under SAFETEA–LU: 

(1) Section 1906 [23 U.S.C. 402 note], 

relating to the grant program to prohibit 

racial profiling; 

(2) Section 2001(d) [23 U.S.C. 401 

note], relating to transfers of funds; 

(3) Section 2003(c), relating to onscene motor vehicle collision causation; 

(4) Section 2003(d) [23 U.S.C. 403 

note], relating to research on distracted, 

inattentive, and fatigued drivers; 

(5) Section 2003(f), relating to refusal 

of intoxication testing; 

(6) Section 2003(g), relating to 

impaired motorcycle driving; 

(7) Section 2003(h), relating to 

reducing impaired driving recidivism; 

(8) Section 2009(f) [23 U.S.C. 402 

note], relating to the annual evaluation, 

in regard to high visibility enforcement 

program; 

(9) Section 2010 [23 U.S.C. 402 note], 

relating to motorcyclist safety; 

(10) Section 2011 [23 U.S.C. 405 

note], relating to child safety and child 

booster seat incentive grants; 

(11) Section 2012, relating to safety 

data; 

(12) Section 2013 [23 U.S.C. 403 

note], relating to drug-impaired driving 

enforcement; 

(13) Section 2014 [23 U.S.C. 402 

note], relating to first responder vehicle 

safety program; 

(14) Section 2015, relating to driver 

performance study; 

(15) Section 2016, relating to rural 

state emergency medical services 

optimization pilot program; 

(16) Section 2017(a), relating to older 

driver safety and, (b) [23 U.S.C. 402 

note], relating to law enforcement 

training; 

(17) Section 5513(e) [23 U.S.C. 502 

note], relating to automobile accident 

injury research; 

(18) Section 5513(m) [23 U.S.C. 502 

note] as it relates to section 513(e); 


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(19) Section 10202 [42 U.S.C. 300d-4], 

relating to emergency medical services; 

(20) Section 10302, relating to sideimpact crash protection rulemaking; 

(21) Section 10303 [49 U.S.C. 30101 

note], relating to tire research; 

(22) Section 10305(b) [49 U.S.C. 

30101 note], relating to the publication 

of non-traffic incident data collection; 

(23) Section 10306, relating to the 

study of safety belt use technologies; 

(24) Section 10307(b) [15 U.S.C. 1232 

note], relating to the issuing of 

regulations in regard to safety labeling 

requirements; 

(25) Section 10308, relating to power 

window switches; and 

(26) 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 

§ 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 

§§ 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. 

§ 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 

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. 

§ 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) Exercise the authority vested in 

the Secretary under section 5 of the 

International Bridge Act of 1972 (33 

U.S.C. 535) as it relates to pipelines not 

over navigable waterways. 

(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 § 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) Carry out the functions vested in 

the Secretary by all other provisions of 

the Federal hazardous material 

transportation law (49 U.S.C. 5101 et 

seq.) except as delegated by §§ 1.83(d)(2) 

(FAA) and 1.87(d)(2) (FMCSA) of this 

subpart and by paragraph 2(99) of 

Department of Homeland Security 

Delegation No. 0170. 


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(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. 

§ 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 

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 

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 


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Federal Register / Vol. 77, No. 160 / Friday, August 17, 2012 / Rules and Regulations 49989 

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 (October 4, 1984; Pub. L. 98–443) 

relating to the reporting of the extension 

of unsecured credit to political 

candidates (section 401, Federal 

Election Campaign Act of 1971; 2 U.S.C. 

451), in conjunction with the General 

Counsel and the Assistant Secretary for 

Aviation and International Affairs. 

(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 

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 Saint Lawrence 

Seaway Development Corporation 

Administrator. 

The Administrator of the Saint 

Lawrence Seaway Development 

Corporation is delegated authority to: 

(a) Carry out the functions vested in 

the Secretary by sections 4, 5, 6, 7, 8, 12 

and 13 of section 2 of the Port and 

Tanker Safety Act of 1978 (92 Stat. 

1471) [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 of the 

International Bridge Act of 1972 (Pub. L. 

92–434) [33 U.S.C. 535c] 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 I—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 17653, 

November 17, 1970, as follows: 

Section 855 of the Revised Statutes, as 

amended by Public Law 91–393, 84 Stat. 835 

(40 U.S.C. 255) authorizes the Attorney 

General to delegate to other departments and 

agencies his authority to give written 

approval of the sufficiency to the title to land 

being acquired by the United States. The 

Attorney General has delegated to the 

Assistant Attorney General in charge of the 

Land and Natural Resources Division the 

authority to make delegations under that law 

to other Federal departments and agencies 

(35 FR 16084; 28 CFR § 0.66). The Assistant 

Attorney General, Land and Natural 

Resources Division, has further delegated 

certain responsibilities in connection with 

the approval of the sufficiency of the title to 

land to the Department of Transportation as 

follows: 

Delegation to the Department of 

Transportation for the Approval of the Title 

to Lands Being Acquired for Federal Public 

Purposes 

Pursuant to the provision of Public Law 

91–393, approved September 1, 1970, 84 Stat. 

835, amending R.S. 355 (40 U.S.C. 255), and 

acting under the provisions of Order No. 

440–70 of the Attorney General, dated 

October 2, 1970, the responsibility for the 

approval of the sufficiency of the title to land 

for the purpose for which the property is 

being acquired by purchase or condemnation 

by the United States for the use of your 

Department is, subject to the general 

supervision of the Attorney General and to 

the following conditions, hereby delegated to 

your Department. 

This delegation of authority is further 

subject to: 

1. Compliance with the regulations issued 

by the Assistant Attorney General on October 

2, 1970, a copy of which is enclosed. 

2. This delegation is limited to: 

(a) The acquisition of land for which the 

title evidence, prepared in compliance with 

these regulations, consists of a certificate of 

title, title insurance policy, or an owner’s 

duplicate Torrens certificate of title. 

(b) The acquisition of lands valued at 

$100,000 or less, for which the title evidence 

consists of abstracts of title or other types of 

title evidence prepared in compliance with 

said regulations. 

As stated in the above-mentioned Act, any 

Federal department or agency which has 

been delegated the responsibility to approve 

land titles under the Act may request the 

Attorney General to render his opinion as to 

the validity of the title to any real property 

or interest therein, or may request the advice 

or assistance of the Attorney General in 

connection with determinations as to the 

sufficiency of titles. 

The Chief Counsels of the Federal Aviation 

Administration, Federal Highway 

Administration, Federal Railroad 

Administration, National Highway Traffic 


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49990 Federal Register / Vol. 77, No. 160 / Friday, August 17, 2012 / Rules and Regulations 

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 at Washington, DC, this 31st day of 

July, 2012. 

Ray LaHood, 

Secretary of Transportation. 

[FR Doc. 2012–19397 Filed 8–16–12; 8:45 am] 

BILLING CODE 4910–9X–P 


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