# 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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**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Part 1 are outdated and do not accurately reflect how the Department operates.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 First, it removes items that are outdated and are no longer the Department’s responsibility.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 informulating 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 11143regarding 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 relatedto 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 ofradioactive 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, includingbicycle/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 economystandards 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 ofsafety, 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) researchand 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 boardsthat 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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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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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**