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[Federal Register Volume 77, Number 160 (Friday, August 17, 2012)]
[Rules and Regulations]
[Pages 49963-49990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19397]

[[Page 49963]]

Vol. 77

Friday,

No. 160

August 17, 2012

Part V

Department of Transportation

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49 CFR Part 1

 Organization and Delegation of Powers and Duties; Final Rule

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

[[Page 49964]]

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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.

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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    The regulations set forth in 49 CFR Part 1 are outdated and do not 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 non-substantive 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).

[[Page 49965]]

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

Sec.  1.1  Overview.

    This part describes the organization of the United States 
Department of Transportation and provides for the performance of duties 
imposed upon, and the exercise of powers vested in, the Secretary of 
Transportation by law.

Sec.  1.2  Organization of the Department.

    (a) The Secretary of Transportation is the head of the Department.
    (b) The Department comprises the Office of the Secretary of 
Transportation (OST), the Office of the Inspector General (OIG), and 
the following Operating Administrations, each headed by an 
Administrator who reports directly to the Secretary:
    (1) The Federal Aviation Administration (FAA).
    (2) The Federal Highway Administration (FHWA).
    (3) The Federal Motor Carrier Safety Administration (FMCSA).
    (4) The Federal Railroad Administration (FRA).
    (5) The Federal Transit Administration (FTA).
    (6) The Maritime Administration (MARAD).
    (7) The National Highway Traffic Safety Administration (NHTSA).
    (8) The Pipeline and Hazardous Materials Safety Administration 
(PHMSA).
    (9) The Research and Innovative Technology Administration (RITA).
    (10) The Saint Lawrence Seaway Development Corporation (SLSDC).

Sec.  1.3  Exercise of authority.

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

[[Page 49966]]

13526 (see also E.O. 12958 and 12065) originally to classify documents 
as secret and confidential, see Sec.  8.11 of this subtitle. Previous 
delegations of authority to Department of Transportation officials to 
originally classify information as secret and confidential are hereby 
rescinded.

Subpart B--Office of the Secretary

Sec.  1.11  Overview.

    This subpart sets forth the OST's key responsibilities, its basic 
organizational structure, and the line of Secretarial succession in 
time of need. It also describes the key responsibilities of OST 
officials, and sets forth delegations and reservations of authority to 
those officials.

Sec.  1.13  OST Key Responsibilities.

    (a) The OST is responsible for:
    (1) Providing leadership in formulating and executing well-balanced 
national and international transportation objectives, policies, and 
programs to ensure the Nation has safe, economically competitive 
transportation systems that support U.S. interests, that are maintained 
in a state of good repair, that foster environmental sustainability, 
and that support livable communities;
    (2) Chairing the Department's Safety Council;
    (3) Stimulating and promoting research and development in all modes 
and types of transportation, with special emphasis on transportation 
safety;
    (4) Coordinating the various transportation programs of the Federal 
Government;
    (5) Encouraging maximum private development of transportation 
services;
    (6) Providing responsive, timely, and effective liaison with 
Congress and public and private organizations on transportation 
matters;
    (7) Providing innovative approaches to urban transportation and 
environmental enhancement programs;
    (8) Overseeing the Department's multimodal freight policy;
    (9) Providing effective management of the Department as a whole to 
ensure it achieves organizational excellence;
    (10) Leading Department-wide efforts for greater transparency and 
accountability;
    (11) Administering the Department's Livable Communities initiative 
to increase access to convenient and affordable transportation choices 
and improve transportation networks that accommodate pedestrians and 
bicycles;
    (12) Coordinating the Department's credit and financial assistance 
programs by leading the Credit Council to ensure responsible financing 
for the Nation's transportation projects; 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.

Sec.  1.15  OST Structure.

    (a) Secretary and Deputy Secretary. The Secretary and Deputy 
Secretary are assisted by the following, all of which report directly 
to the Secretary:
    (1) The Chief of Staff;
    (2) The Executive Secretariat;
    (3) The Departmental Office of Civil Rights;
    (4) The Office of Small and Disadvantaged Business Utilization;
    (5) The Office of Intelligence, Security and Emergency Response;
    (6) The Office of Public Affairs;
    (7) The Office of the Chief Information Officer; and
    (8) The Office of Drug & Alcohol Policy & Compliance.
    (b) The Under Secretary of Transportation for Policy, the General 
Counsel, and the Assistant Secretaries for Administration, Budget and 
Programs, and Governmental Affairs also report directly to the 
Secretary.
    (c) Office of the Under Secretary of Transportation for Policy. 
This Office is composed of:
    (1) The Office of the Assistant Secretary for Transportation 
Policy, which includes:
    (i) The Office of 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.

Sec.  1.17  OST Line of Secretarial Succession.

    (a) The following officials, in the order indicated, shall act as 
Secretary of Transportation, in case of the absence or disability of 
the Secretary, until the absence or disability ceases, or in the case 
of a vacancy, until a successor is appointed. Notwithstanding the 
provisions of this section, the President retains discretion, to the 
extent permitted by the law, to depart from this order in designating 
an acting Secretary of Transportation.
    (1) Deputy Secretary.
    (2) Under Secretary of Transportation for Policy.
    (3) General Counsel.
    (4) 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.

[[Page 49967]]

    (13) Administrator of the Federal Transit Administration.
    (14) Administrator of the Maritime Administration.
    (15) Administrator of the Pipeline and Hazardous Materials Safety 
Administration.
    (16) Administrator of the National Highway Traffic Safety 
Administration.
    (17) Administrator of the Research and Innovative Technology 
Administration.
    (18) Administrator of the Saint Lawrence Seaway Development 
Corporation.
    (19) Regional Administrator, Southern Region, Federal Aviation 
Administration.
    (20) Director, Resource Center, Lakewood, Colorado, Federal Highway 
Administration.
    (21) Regional Administrator, Northwest Mountain Region, Federal 
Aviation Administration.
    (b) Without regard to the foregoing, a person directed to perform 
the duties of the Secretary pursuant to 5 U.S.C. 3347 (the Vacancies 
Act) shall act as Secretary of Transportation.

OST Officials

Sec.  1.20  Secretary of Transportation.

    The Secretary is the head of the Department. The Secretary 
exercises oversight of all of the OST components, as well as each of 
the Operating Administrations, and overall planning, direction, and 
control of the Department's agenda.

Sec.  1.21   Reservations of Authority to the Secretary of 
Transportation.

    (a) All powers and duties that are not delegated by the Secretary 
in 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 Sec.  1.85 
(FHWA) and Sec.  1.95 (NHTSA).
    (10) National Highway Safety Advisory Committee. Directing the

[[Page 49968]]

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.

Sec.  1.22  Deputy Secretary.

    Along with the Secretary, the Deputy Secretary exercises oversight 
of all of the OST components, as well as each of the Operating 
Administrations, and overall planning, direction, and control of the 
Department's agenda. The Deputy Secretary:
    (a) May exercise the authority of the Secretary, except where 
specifically limited by law, order, regulation, or instructions of the 
Secretary;
    (b) Serves as the Chief Operating Officer; and
    (c) Serves as the Chief Acquisition Officer.

Sec.  1.23  Delegations to the Deputy Secretary.

    The Deputy Secretary may exercise the authority of the Secretary, 
except where specifically limited by law, order, regulations, or 
instructions of the Secretary. In addition, the Deputy Secretary is 
delegated authority to:
    (a) Exercise executive control over Departmental Budgeting and 
Program Evaluation.
    (b) Serve as Chairman of the Departmental Executive Resources Board 
and its Executive Committee.
    (c) Serve as the Chair of the Department's Safety Council.
    (d) Serve as the Chair of the Department's Credit Council.
    (e) Approve the establishment, modification, extension, or 
termination of:
    (1) Department-wide (intra-department) committees affecting more 
than one program.
    (2) OST-sponsored interagency committees.
    (f) Approve the designation of:
    (1) Departmental representatives and the chairman for interagency 
committees sponsored by the Office of the Secretary.
    (2) Departmental members for international committees.
    (g) Serve as the representative of the Secretary on the board of 
directors of the National Railroad Passenger Corporation and carry out 
the functions vested in the Secretary as a member of the board by 49 
U.S.C. 24302.
    (h) Approve the initiation of regulatory action, as defined in E.O. 
12866, by Secretarial offices and Operating Administrations.

Sec.  1.24  Under Secretary of Transportation for Policy.

    The Under Secretary provides leadership in the Department's 
development of policies and programs to protect and enhance the safety, 
adequacy, and efficiency of the transportation system and services. The 
Office of the Under Secretary serves as the focal point within the 
Federal Government for coordination of intermodal transportation 
policy, which brings together departmental intermodal perspectives, 
advocates intermodal interests, and provides secretarial leadership and 
visibility on issues that involve or affect more than one Operating 
Administration.

Sec.  1.25  Delegations to the Under Secretary of Transportation for 
Policy.

    The Under Secretary is delegated the following authorities:
    (a) Lead the development of transportation policy and serve as the 
principal adviser to the Secretary on all transportation policy 
matters.
    (b) Establish policy and ensure uniform departmental implementation 
of the National Environmental Policy Act of 1969, 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 
Sec. Sec.  1.99(j) (RITA), and 1.27 (General Counsel) of this part, 
carry out the functions transferred to the Department from the Civil 
Aeronautics Board and other related functions and authority vested in 
the Secretary under the following:
    (1) Sections 40103(a)(2) (relating to the consultation with the 
Architectural and Transportation Barriers Compliance Board before 
prescribing regulations or procedures that will have a significant 
impact on accessibility of commercial airports for handicapped 
individuals), and (c) (relating to foreign aircrafts); 40105 (relating 
to international negotiations, agreements, and

[[Page 49969]]

obligations); 40109(a), (c), (g), 46301(b) (smoke alarm penalty), (d), 
(f), (g) (relating to the authority to exempt certain air carriers) and 
(h); 40113(a) and (c); 40114(a) (relating to reports and records); 
40115 (relating to the withholding of information from public 
disclosure) of Chapter 401 of 49 U.S.C.; and 40116 (relating to the 
Anti-Head Tax Act);
    (2) The following chapters of title 49, U.S.C., except as related 
to departmental regulation of airline consumer protection and civil 
rights which is delegated to the General Counsel at Sec.  1.27:
    (i) Chapter 411 of title 49, U.S.C., relating to air carrier 
certification;
    (ii) Chapter 413 of title 49, U.S.C., relating to foreign air 
transportation;
    (iii) Chapter 415 of title 49, U.S.C., relating to pricing;
    (iv) Chapter 417 of title 49, U.S.C., relating to the operations of 
air carriers, except sections 41721-41723;
    (v) Chapter 419 of title 49, U.S.C. and 39 U.S.C. 5402, relating to 
the transportation of mail; and
    (vi) Section 42303 of 49 U.S.C., relating to the management of the 
Web site regarding the use of insecticides in passenger aircraft.
    (3) Section 42111 of title 49, U.S.C. with respect to mutual aid 
agreements as it relates to foreign air transportation;
    (4) Chapters 461 and 463 of title 49, U.S.C., relating to aviation 
investigations, proceedings, and penalties under Part A of Subtitle VII 
of title 49, U.S.C. except for those sections delegated to the General 
Counsel under Sec.  1.27, and to the Federal Aviation Administrator 
under Sec.  1.83 of this part;
    (5) Chapter 473 of title 49, U.S.C., relating to international 
airport facilities.
    (6) Section 11 of the Clayton Act, Public Law 63-212 [15 U.S.C. 
21], relating to air carriers and foreign air carriers.
    (7) Section 3 of An Act to Encourage Travel in the United States, 
and for other purposes, 54 Stat. 773 [16 U.S.C. 18b].
    (8) Sections 108(a)(4), 621(b)(5), 704(a)(5), and 814(b)(5) of the 
Consumer Credit Protection Act, Public Law 90-321 [15 U.S.C. 
1607(a)(4), 1681s(b)(5), 1691c(a)(5), and 1692l(b)(5)].
    (j) Carry out the functions vested in the Secretary by 49 U.S.C. 
44907(b)(1), (c), and (e) related to the security of foreign airports 
in coordination with the General Counsel, the Federal Aviation 
Administrator, and the Assistant Secretary for Administration.
    (k) Carry out section 101(a)(2) of the Air Transportation Safety 
and System Stabilization Act, Public Law 107-42 [49 U.S.C. 40101 note], 
as delegated to the Secretary of Transportation by the President 
pursuant to a Presidential Memorandum dated September 25, 2001.
    (l) Exercise the authority vested in the Secretary by section 11143 
of the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users, Public Law 109-59, 119 Stat. 1144 (SAFETEA-
LU), to manage the day-to-day activities associated with implementation 
of section 11143 regarding private activity bonds and tax-exempt 
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.

Sec.  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 
Sec. Sec.  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

[[Page 49970]]

delegated to the General Counsel at Sec.  1.27:
    (A) Chapter 411, relating to air carrier certification;
    (B) Chapter 413, relating to foreign air transportation;
    (C) Chapter 415, relating to pricing;
    (D) Chapter 417, relating to the operations of air carriers, except 
section 41721-41723;
    (E) Chapter 419, and 39 U.S.C. 5402, relating to the transportation 
of mail;
    (iii) Section 42111 of title 49, U.S.C. with respect to mutual aid 
agreements as it relates to foreign air transportation;
    (iv) Chapters 461 and 463 of title 49, U.S.C., relating to aviation 
investigations, proceedings, and penalties under Part A of 49 U.S.C. 
Subtitle VII except for those sections delegated to the General Counsel 
under Sec.  1.27, and to the Federal Aviation Administrator under Sec.  
1.83 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.

Sec.  1.26  General Counsel.

    The General Counsel is the chief legal officer of the Department, 
legal advisor to the Secretary, and final authority within the 
Department on questions of law. The Office of the General Counsel 
provides legal advice to the Secretary and secretarial offices, and 
supervision, coordination, and review of the legal work of the Chief 
Counsel Offices in the Department. The General Counsel participates 
with each Operating Administrator in the performance reviews of Chief 
Counsel. The General Counsel is responsible for retention of outside 
counsel, and for the approval of the hiring and promotion of 
departmental attorneys (other than in the Federal Aviation 
Administration). The General Counsel is also responsible for 
departmental regulation under statutes including the Air Carrier Access 
Act, statutes prohibiting unfair and deceptive practices in air 
transportation, the Americans with Disabilities Act, the Disadvantaged 
Business Enterprise program, and the Uniform Time Act. The General 
Counsel coordinates all international legal matters, and departmental 
participation in proceedings before other federal and state agencies. 
The General Counsel provides oversight of departmental litigation, 
regulation, legislation, Freedom of Information Act compliance, and 
administrative enforcement.

Sec.  1.27  Delegations to the General Counsel.

    The General Counsel is delegated authority to:
    (a) Conduct all rulemaking proceedings under the Americans with 
Disabilities Act, the Disadvantaged Business Enterprise program, and 
the Uniform Time Act, as amended (15 U.S.C. 260 et seq.).
    (b) Determine the practicability of applying the standard time of 
any standard time zone to the movements of any common carrier engaged 
in interstate or foreign commerce and issue operating exceptions in any 
case in which the General Counsel determines that it is impractical to 
apply the standard time (49 CFR 71.1).
    (c) Issue regulations making editorial changes or corrections to 
the regulations of the Office of the Secretary.
    (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

[[Page 49971]]

Sensitive Security Information, in consultation and coordination with 
the Office of Intelligence, Security and Emergency Response.
    (p) Appear on behalf of the Department on the record in hearing 
cases, and initiate and carry out enforcement actions on behalf of the 
Department, under the authority transferred to the Department from the 
Civil Aeronautics Board as described in Sec. Sec.  1.25 and 1.25a 
(delegations to and redelegations by the Under Secretary), and 1.99 
(RITA). This includes the authority to compromise penalties under 49 
U.S.C. 46301 (civil penalties); to issue appropriate orders, including 
cease and desist orders, under 49 U.S.C. 46101 (complaints and 
investigations); and to require the production of information, under 49 
U.S.C. 41708, enter carrier property and inspect records, under 49 
U.S.C. 41709, and inquire into the management of the business of a 
carrier under 49 U.S.C. 41711 (Air carrier management inquiry and 
cooperation with other authorities), as appropriate to the enforcement 
responsibilities. In the event that such an enforcement matter comes 
before the Secretary of Transportation for adjudication, the Deputy 
General Counsel shall advise the Secretary.
    (q) Initiate and carry out enforcement actions relating to:
    (1) Foreign airport security on behalf of the Department under 49 
U.S.C. 44907; and
    (2) The Consumer Credit Protection Act under section 4(a)(5) of the 
Civil Aeronautics Board Sunset Act of 1984 (Pub. L. 98-443) [15 U.S.C. 
1607(a)(4), 1681s(b)(5), 1691c(a)(5) and 1692l(b)(5)].
    (r) Administer 5 U.S.C. 552 (FOIA) and 49 CFR part 7 (Public 
Availability of Information) in connection with the records of the 
Office of the Secretary and issue procedures to ensure uniform 
departmental implementation of statutes and regulations regarding 
public access to records.
    (s) Prepare reports by carriers on incidents involving animals 
during air transport pursuant to 49 U.S.C. 41721.
    (t) Exercise authority vested in the Secretary by the Federal Civil 
Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 
890), as amended by the Debt Collection Improvement Act of 1996 (Pub. 
L. 104-134, 110 Stat. 1321), to promulgate rules that adjust civil 
penalties with respect to aviation enforcement.
    (u) In coordination with the Under Secretary, to carry out the 
duties of the Secretary under Executive Orders 12866 and 13563 to 
establish the value of statistical life in connection with assessing 
the costs and benefits of Departmental regulatory action.
    (v) Approve the initiation of regulatory action, as defined in 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 Sec.  1.23(h)).

Sec.  1.27a  Delegations to the Career Deputy General Counsel.

    The career Deputy General Counsel is delegated authority to:
    (a) Serve as the Department's Designated Agency Ethics Official in 
accordance with 5 CFR 2638.202;
    (b) Serve as the Department's Dispute Resolution Specialist 
pursuant to section 3(b) of the Alternative Dispute Resolution Act of 
1996, 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).

Sec.  1.27b  Delegations to the Assistant General Counsel for General 
Law.

    The Assistant General Counsel for General Law is delegated 
authority to serve as the Department's Alternate Agency Ethics Official 
in accordance with 5 CFR 2638.202.

Sec.  1.30  Assistant Secretaries.

    (a) In performing their functions, the Assistant Secretaries are 
responsible for continuing liaison and coordination among themselves 
and with the Operating Administrations to:
    (1) Avoid unnecessary duplication of effort by or in conflict with 
the performance of similar activities by the Operating Administrations 
and the other Assistant Secretaries pursuant to their Secretarial 
delegations of authority or other legal authorities; and
    (2) Assure that the views of the Operating Administrations are 
considered in developing departmental policies, plans, and proposals. 
The Assistant Secretaries are also available to assist, as appropriate, 
the Operating Administrations in implementing departmental policy and 
programs. As primary staff advisors to the Secretary, the Assistant 
Secretaries are concerned with transportation matters of the broadest 
scope, including modal, intermodal, and other matters of Secretarial 
interest.
    (b) There are exceptions to the normal staff role described in 
paragraph (a) of this section. In selected instances, the Secretary has 
specifically delegated to Assistant Secretaries authority which they 
may exercise on the Secretary's behalf.

Sec.  1.31   Assistant Secretary for Transportation Policy.

    The Assistant Secretary for Transportation Policy provides policy 
advice to the Secretary, the Deputy Secretary, and the Under Secretary. 
The Office of the Assistant Secretary for Transportation Policy is 
responsible for: public policy development, coordination, and 
evaluation for all aspects of transportation, except in the areas of 
aviation and international affairs, with the goal of making the 
Nation's transportation resources function as an integrated national 
system; evaluation of private transportation sector operating and 
economic issues; evaluation of public transportation sector operating 
and economic issues; regulatory and legislative initiatives and review; 
energy, environmental, disability, and safety policy and program 
development and review; and transportation infrastructure assessment 
and review. For delegations to the Assistant Secretary for 
Transportation Policy, see Sec.  1.25a(a).

Sec.  1.32  Assistant Secretary for Aviation and International Affairs.

    The Office of the Assistant Secretary for Aviation and 
International Affairs is responsible for policy development, 
coordination, and evaluation of issues involving aviation, as well as 
international issues involving all areas of transportation; private 
sector evaluation; international transportation and transport-related 
trade policy and issues; regulatory and legislative initiatives and 
review of maritime/shipbuilding policies and programs; transport-
related trade promotion; coordination of land transport relations with 
Canada and Mexico; economic regulation of the airline industry while 
placing maximum reliance on market forces and on actual and potential 
competition; the essential air service program and other rural air 
service programs; and, in coordination with the FAA, promotion of the 
aerospace industry. For delegations to the Assistant Secretary for 
Aviation and International Affairs, see Sec.  1.25a(b).

Sec.  1.33  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

[[Page 49972]]

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.

Sec.  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).

Sec.  1.35  Assistant Secretary for Governmental Affairs.

    The Assistant Secretary for Governmental Affairs serves as the 
Department's primary point of contact for Congressional offices, as 
well as State and locally elected officials; works with other 
departmental offices to ensure that Congressional mandates are fully 
implemented by the Department; and works with the White House, other 
Federal agencies, and Congress to fulfill the Department's legislative 
priorities. The Assistant Secretary coordinates congressional and 
intergovernmental activities with governmental affairs offices in the 
Operating Administrations. The Assistant Secretary participates with 
each Administrator in the performance reviews of the Operating 
Administrations' Directors of Governmental Affairs. The Assistant 
Secretary supervises the Deputy Assistant Secretary for Tribal 
Government Affairs who plans and coordinates the Department's policies 
and programs with respect to Indian tribes and tribal organizations.

Sec.  1.36  Delegations to the Assistant Secretary for Governmental 
Affairs.

    The Assistant Secretary for Governmental Affairs is delegated 
authority to:
    (a) Establish procedures for responding to Congressional 
correspondence; and
    (b) Supervise the Deputy Assistant Secretary for Tribal Government 
Affairs.

Sec.  1.37  Assistant Secretary for Administration.

    The Assistant Secretary for Administration is the principal advisor 
to the Secretary and Deputy Secretary on Department-wide administrative 
matters. The Assistant Secretary for

[[Page 49973]]

Administration serves as the Designated Agency Safety and Health 
Official. The Office of the Assistant Secretary for Administration's 
responsibilities include: strategic management of human capital; 
monitoring the progress of departmental offices related to 
sustainability goals; controls and standards to ensure that procurement 
and financial assistance programs are in accord with good business 
practice; follow-up and resolution of Government Accountability Office 
and Inspector General audit reviews; information resource management; 
property management information; facilities; and security. The 
Assistant Secretary for Administration is responsible for recommending 
performance objectives for the Operating Administrations' Directors of 
Human Resources.

Sec.  1.38  Delegations to the Assistant Secretary for Administration.

    The Assistant Secretary for Administration is delegated authority 
for the following:
    (a) Acquisition. (1) Exercise procurement authority with respect to 
requirements of the Office of the Secretary.
    (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.''

[[Page 49974]]

    (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 Sec.  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.

Sec.  1.38a  Redelegations by the Assistant Secretary for 
Administration.

    (a) The Director, Office of the Senior Procurement Executive is 
redelegated the authority to:
    (1) Carry out the duties and responsibilities of agency head for 
departmental procurement within the meaning of the Federal Acquisition 
Regulation except for those duties expressly reserved for the Secretary 
of Transportation.
    (2) Carry out the functions of the Chief Acquisition Officer (CAO) 
except for those functions specifically reserved for the Deputy 
Secretary. In carrying out these functions and in support of 
requirements under Services Acquisition Reform Act (SARA), enacted as 
part of the National Defense Authorization Act for 2004--Public Law 
108-136, the Senior Procurement Executive (SPE) is expected to interact 
directly, and without intervening authority, with the CAO on issues 
related to strategic acquisition policy, implementation, and 
management. The nature and frequency of interactions with the CAO will 
be determined mutually between the SPE and the CAO.
    (3) Procure and authorize payment for property and services for the 
Office of the Secretary, with power to re-delegate and authorize 
successive re-delegations.
    (b) The Director of Human Resources Management is redelegated the 
authority to:
    (1) Develop 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.

Sec.  1.39  Executive Secretariat.

    The Executive Secretariat provides organized staff services to the 
Secretary and Deputy Secretary to assist them in carrying out their 
management functions and their responsibilities for formulating, 
coordinating and communicating major policy decisions. The Office 
controls and coordinates internal and external material directed to the 
Secretary and Deputy Secretary and ensures that their decisions and 
instructions are implemented.

Sec.  1.40  Departmental Office of Civil Rights.

    The Departmental Office of Civil Rights serves as the Department's 
Equal Employment Opportunity (EEO) Officer and Title VI Coordinator. 
The Director also serves as principal advisor to the Secretary and the 
Deputy Secretary on the civil rights and nondiscrimination statutes, 
regulations, and Executive Orders applicable to the Department, 
including titles VI and VII of the Civil Rights Act of 1964, as 
amended, the Age Discrimination in Employment Act of 1967, as amended, 
the Age Discrimination Act of 1975, as amended, section 504 of the 
Rehabilitation Act of 1973, as amended, the Americans with Disabilities 
Act of 1990, the Equal Pay Act of 1963, the ADA Amendments Act of 2008, 
and the Genetic Information Nondiscrimination Act of 2008. The 
Departmental Office of Civil Rights provides guidance to the Operating 
Administrations and Secretarial officers on these matters. The Office 
periodically reviews and evaluates the civil rights programs of the 
Operating Administrations to ensure that recipients of financial 
assistance

[[Page 49975]]

meet applicable Federal civil rights requirements.

Sec.  1.41  Delegations to the Director of the Departmental Office of 
Civil Rights.

    The Director of the Departmental Office of Civil Rights is 
delegated authority to conduct all stages of the formal employment 
discrimination complaints process (including acceptance/dismissal, 
investigation, and final adjudication); to provide guidance to the 
Operating Administrations and Secretarial officers concerning the 
implementation and enforcement of all civil rights laws, regulations 
and Executive Orders for which the Department is responsible; to 
otherwise perform activities to ensure compliance with external civil 
rights programs; and to review and evaluate the Operating 
Administrations' enforcement of these authorities. These authorities 
include:
    (a) Title VI and VII of the Civil Rights Act of 1964, 42 U.S.C. 
2000d et seq. and 2000e et seq.
    (b) Sections 501 and 504 of the Rehabilitation Act of 1973, 29 
U.S.C. 791 and 794-794a.
    (c) Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et 
seq.
    (d) Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq.
    (e) Americans with Disabilities Act of 1990, 42 U.S.C. 12101-
121213.
    (f) ADA Amendments Act of 2008 (Pub. L. 110-325) [42 U.S.C. 12101 
Note].
    (g) Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 
2000ff et seq.
    (h) Equal Pay Act of 1963, 29 U.S.C. 206(d).
    (i) Alcohol, Drug Abuse, and Mental Health Administration 
Reorganization Act (Pub. L. 102-321)
    (j) Chapter XIV of Subtitle B, of Title 29 of the CFR (Equal 
Employment Opportunity Commission Regulations).
    (k) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284) [42 
U.S.C. 3601 et seq].
    (l) 40 U.S.C. 476 (prohibition on sex discrimination).
    (m) Title IX of the Education Amendments of 1972, 20 U.S.C. 1681.
    (n) In coordination with the Assistant Secretary for Transportation 
Policy, Executive Order 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.

Sec.  1.42.  Office of Small and Disadvantaged Business Utilization.

    The Director of the Office of Small and Disadvantaged Business 
Utilization ensures that the Department's small and disadvantaged 
business policies and programs are developed in a fair, efficient, and 
effective manner. The Office is responsible for the Department's 
implementation and execution of the functions and duties under the 
Small Business Act, and providing opportunities, technical assistance, 
and financial services to the small and disadvantaged business 
community.

Sec.  1.43  Delegations to the Director of the Office of Small and 
Disadvantaged Business Utilization.

    The Director of Small and Disadvantaged Business Utilization is 
delegated authority to:
    (a) Exercise departmental responsibility for the implementation 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).

Sec.  1.44  Office of Intelligence, Security and Emergency Response.

    The Director of the Office of Intelligence, Security and Emergency 
Response is responsible for the development, coordination, and 
execution of plans and procedures for the Department to balance 
transportation security requirements with the safety, mobility and 
economic needs of the Nation through effective intelligence, security, 
preparedness and emergency response programs. The Director is the 
Department's principal Emergency Coordinator for the implementation of 
these programs.

Sec.  1.45  Delegations to the Director of the Office of Intelligence, 
Security and Emergency Response.

    The Director of Intelligence, Security, and Emergency Response is 
delegated authority to:
    (a) Carry out the functions related to emergency preparedness and 
response vested in the Secretary by the following authorities: 49 
U.S.C. 101 and 301; 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

[[Page 49976]]

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.

Sec.  1.46  Office of Public Affairs.

    The Director of Public Affairs is the principal advisor to the 
Secretary and Secretarial Officers on public affairs issues. The Office 
of Public Affairs prepares news releases and supporting media 
materials, and maintains a new media presence. The Office also provides 
information to the Secretary on opinions and reactions of the public 
and news media on programs and transportation issues. The Office of 
Public Affairs is responsible for the supervision, coordination, and 
review of the activities of the public affairs offices within the 
Operating Administrations.

Sec.  1.47  Delegations to the Assistant to the Secretary and Director 
of Public Affairs.

    The Assistant to the Secretary and Director of Public Affairs is 
delegated authority to:
    (a) Monitor the overall public information program and review and 
approve departmental informational materials having policy-making 
ramifications before they are printed and disseminated.
    (b) Carry out the functions to promote carpooling and vanpooling 
transferred to the Department of Transportation by section 310 of the 
Department of Energy Organization Act of 1977 (Pub. L. 95-91) [42 
U.S.C. 7159].

Sec.  1.48  Office of the Chief Information Officer.

    The Chief Information Officer (CIO) is the principal information 
technology (IT), cyber security, privacy, and records management 
advisor to the Secretary. The Office of the CIO supports the 
Organizational Excellence Strategic Goal by providing leadership on all 
matters associated with the Department's $3.5 billion IT portfolio.

Sec.  1.49  Delegations to the Chief Information Officer.

    The Chief Information Officer is delegated authority to 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.

Sec.  1.50  Office of Drug & Alcohol Policy & Compliance.

    The Office of Drug & Alcohol Policy & Compliance advises the 
Secretary on national and international drug testing and control issues 
and is the principal advisor to the Secretary on rules related to the 
drug and alcohol testing of safety-sensitive transportation employees 
in aviation, trucking, railroads, mass transit, pipelines, and other 
transportation industries. The Office, in coordination with the Office 
of the General Counsel, publishes and provides interpretations of rules 
related to 49 CFR Part 40 on the conduct of drug and alcohol tests, 
including how to conduct tests, and which procedures to use when 
testing. The Office coordinates with Federal Agencies and assists 
foreign governments in developing drug and alcohol testing programs and 
implementing the President's National Drug Control Strategy.

Sec.  1.60  General Authorizations and Delegations to Secretarial 
Officers.

    (a) Acting in his or her own name and title, the Under Secretary, 
the General Counsel, and each Assistant Secretary, within his or her 
sphere of responsibility, is authorized to identify and define the 
requirements for, and to recommend to the Secretary, new or revised 
departmental policies, plans, and proposals. Each of these officers is 
authorized to issue departmental standards, criteria, systems and 
procedures that are consistent with applicable laws, Executive Orders, 
Government-wide regulations and policies established by the Secretary, 
and to inspect, review, and evaluate departmental program performance 
and

[[Page 49977]]

effectiveness and advise the Secretary regarding the adequacy thereof.
    (b) Except for nondelegable statutory duties including those that 
transfer as a result of succession to act as Secretary of 
Transportation, each Deputy Assistant Secretary and Deputy General 
Counsel is authorized to act for and perform the duties of his or her 
principal in the absence or disability of the principal and as 
otherwise directed by the principal.
    (c) The Deputy Secretary, the Under Secretary, the General Counsel, 
and the Assistant Secretaries for Administration, Budget and Programs, 
and Governmental Affairs are delegated authority to:
    (1) Redelegate and authorize successive redelegations of authority 
granted by the Secretary within their respective organizations, except 
as limited by law or specific administrative reservation, including 
authority to publish those redelegations in appendix A of this part.
    (2) Authorize and approve official travel (except foreign travel) 
and transportation for themselves, their subordinates, and others 
performing services for, or in cooperation with, the Office of the 
Secretary.
    (3) Establish ad hoc committees for specific tasks within their 
assigned staff area.
    (4) Establish, modify, extend, or terminate standing committees 
within their specific areas of responsibility when directed or 
authorized to do so by the Secretary.
    (5) Designate members of interagency committees when such 
committees are specifically concerned with responsibilities of direct 
interest to their office.
    (6) Exercise the following authorities with respect to positions in 
the Senior Executive Service and Senior Level within their respective 
areas of responsibility:
    (i) Determine how executive level positions will be filled; i.e., 
by reassignment, promotion, or appointment.
    (ii) Establish selection criteria to be used in identifying 
eligible candidates.
    (iii) Confer with the Administrators on selection criteria and 
candidates for an executive level position that is a counterpart of an 
activity or position in the Office of the Secretary.
    (iv) Recommend final selection for executive level positions, 
subject to review by the Executive Committee of the Departmental 
Executive Resources Board and approval by the Secretary and the Office 
of Personnel Management.
    (7) Enter into inter- and intra-departmental reimbursable 
agreements other than with the head of another department or agency (31 
U.S.C. 686). This authority may be redelegated only to office directors 
or other comparable levels and to contracting officers.
    (8) Administer and perform the functions described in their 
respective functional statements.
    (9) Exercise the authority of the Secretary to make certifications, 
findings and determinations under the Regulatory Flexibility Act (Pub. 
L. 96-354) with regard to any rulemaking document for which issuance 
authority is delegated by other sections in this part. This authority 
may be redelegated to those officials to whom document issuance 
authority has been redelegated.
    (10) Exercise the authority of the Secretary to resolve informal 
allegations of discrimination arising in or relating to their 
respective organizations through Equal Employment Opportunity 
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

Sec.  1.70  Overview.

    This subpart describes the key responsibilities of the Office of 
Inspector General, the structure of the office, and the authority of 
the Inspector General.

Sec.  1.71  Key responsibilities.

    The Inspector General conducts, supervises, and coordinates audits 
and investigations; reviews existing and proposed legislation and makes 
recommendations to the Secretary and Congress concerning their effect 
on the economy and efficiency of program administration, or the 
prevention and detection of fraud and abuse; recommends policies for 
and conducts, supervises, or coordinates other activities of the 
Department for the purpose of promoting economy and efficiency in 
program administration, or preventing and detecting fraud and abuse; 
and keeps the Secretary and the Congress fully and currently informed.

Sec.  1.72  Structure.

    This Office is composed of:
    (a) The Office of the Deputy Inspector General;
    (b) The Office of the Principal 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.

Sec.  1.73  Authority of Inspector General.

    The Inspector General shall report to and be under the general 
supervision of the Secretary and Deputy Secretary. The Inspector 
General has such authority as is provided by the Inspector General Act 
of 1978, as amended, and as is otherwise provided by law. Authorities 
provided to the Inspector General by law are reserved to the Inspector 
General. In accordance with the statutory intent of the Inspector 
General Act to create an independent and objective unit, the Inspector 
General is authorized to make such investigations and reports relating 
to the administration of the programs and operations of the Department 
as are, in the judgment of the Inspector General, necessary and 
desirable. Neither the Secretary nor the Deputy Secretary shall prevent 
or prohibit the Inspector General from initiating, carrying out, or 
completing any audit or investigation, or from issuing any subpoena 
during the course of any audit or investigation.

[[Page 49978]]

Sec.  1.74  Delegations to Inspector General.

    The Inspector General is delegated authority to:
    (a) Redelegate and authorize successive redelegations of authority 
granted by the Secretary within the Office of Inspector General, except 
as limited by law or specific administrative reservation.
    (b) Authorize and approve official travel, including foreign travel 
and transportation for themselves, their subordinates, and others 
performing services for, or in cooperation with, the Office of 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

Sec.  1.80  Overview.

    This subpart sets forth the key responsibilities of the Operating 
Administrations, and the delegations of authority from the Secretary of 
Transportation to the Administrators.

Sec.  1.81  Delegations to all Administrators.

    (a) Except as prescribed by the Secretary of Transportation, each 
Administrator is authorized to:
    (1) Exercise the authority of the Secretary over and with respect 
to any personnel within their respective organizations.
    (2) 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

[[Page 49979]]

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),

[[Page 49980]]

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).

Sec.  1.81a  Redelegation by all Administrators.

    Except as otherwise specifically provided in this Part, each 
Administrator may redelegate and authorize successive redelegations of 
authority within the organization under that official's jurisdiction.

Sec.  1.82  The Federal Aviation Administration.

    Is responsible for:
    (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.

Sec.  1.83  Delegations to the Federal Aviation Administrator.

    The Federal Aviation Administrator is delegated authority to:
    (a) Carry out the following functions vested in the Secretary by 49 
U.S.C. Subtitle VII (Aviation Programs):
    (1) Sections 40103(a)(2), relating to the consultation with the 
Architectural and Transportation Barriers Compliance Board before 
prescribing regulations or procedures that will have a significant 
impact on accessibility of commercial airports or commercial air 
transportation for individuals with disabilities; 40109(c), but only as 
it relates to the regulation of 49 U.S.C. 46301(b) (smoke alarm device 
penalties), and 40109(e), relating to maximum flying hours 40113(a) as 
it relates to the functions vested in the Secretary and delegated in 
this section; 40114, relating to reports and records requirements; 
40115, relating to withholding information from public disclosure; 
40116, relating to the prohibition on State taxation as the prohibition 
may affect an airport sponsor's grant assurances; 40117, relating to 
passenger facility charges; 40119(b), relating to the issuance of 
regulations on disclosure of information obtained or developed in 
ensuring security; and 40127(b) of chapter 401, relating to prohibition 
on discrimination by private airports;
    (2) Section 41723 of subchapter I of chapter 417, relating to 
notice concerning aircraft assembly;
    (3) Section 44102(b) of chapter 441, relating to defining the term 
``based and primarily used in the United States'';
    (4) Chapter 443, relating to insurance;
    (5) Chapter 445, relating to facilities, personnel, and research, 
except section 44502(a)(3) as it relates to authorizing a department, 
agency, or instrumentality of the United States Government to carry out 
any duty or power under subsection 44502(a) with the consent of the 
head of the department, agency, or instrumentality;
    (6) Chapter 447, relating to safety regulation;
    (7) Chapter 451, relating to alcohol and controlled substances 
testing;
    (8) Subpart IV of Part A of 49 U.S.C. Subtitle VII (chapters 461-
465) relating to the Secretary's authority to enforce and impose 
penalties under sections of Subtitle VII that have been delegated to 
the Federal Aviation Administrator in this section;
    (9) Part B of 49 U.S.C. Subtitle VII (chapters 471-475) relating to 
airport development and noise;
    (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 Sec.  1.25, carry out the functions vested in the 
Secretary by 49 U.S.C. 5121(a), (b), (c), and (d), 5122, 5123, and 
5124, relating to the transportation or shipment of hazardous materials 
by air.
    (2) Carry out the functions vested in the Secretary by 49 U.S.C. 
5114, relating to the establishment of procedures for monitoring and 
enforcing regulations with respect to the transportation of radioactive 
materials on passenger-carrying aircraft.
    (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

[[Page 49981]]

provide for the administrative operation of the IGIA Secretariat.
    (f) Carry out the functions assigned to the Secretary by Executive 
Order 12465 relating to commercial expendable launch vehicle 
activities.
    (g) Carry out the functions vested in the Secretary by the National 
Aeronautics and Space Administration Authorization Act, Fiscal Year 
1993 (Pub. L. 102-588, 106 Stat 5119, November 4, 1992).

Sec.  1.84  The Federal Highway Administration.

    Is responsible for:
    (a) 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 
vehicle-to-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.

Sec.  1.85  Delegations to the Federal Highway Administrator.

    (a) The Federal Highway Administrator is delegated authority to 
administer the following provisions of title 23, U.S.C. (Highways):
    (1) Chapter 1, Federal-Aid Highways, except for 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,

[[Page 49982]]

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 Sec.  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).

Sec.  1.86  The Federal Motor Carrier Safety Administration.

    Is responsible for:
    (a) Managing program and regulatory activities, including 
administering laws and promulgating and enforcing regulations on safety 
matters relating to motor carrier safety;
    (b) Carrying out motor carrier registration and authority to 
regulate household goods transportation;
    (c) Developing strategies for improving commercial motor vehicle, 
operator, and carrier safety and administering grants to implement 
these strategies;
    (d) Inspecting records and equipment of commercial motor carriers, 
and investigating accidents and reporting violations of motor carrier 
safety regulations;
    (e) Carrying out research, development, and technology transfer 
activities to promote safety of operation and equipment of motor 
vehicles for the motor carrier transportation program; and
    (f) Carrying out an effective communications and outreach program 
which includes providing relevant safety data to the public.

Sec.  1.87  Delegations to the Federal Motor Carrier Safety 
Administrator.

    The Federal Motor Carrier Safety Administrator is delegated 
authority to:
    (a) Carry out the following functions and exercise the authority 
vested in the Secretary by 49 U.S.C., Subtitle IV, part B:
    (1) Chapter 131, relating to general provisions on transportation 
policy;
    (2) Chapter 133, relating to administrative provisions;
    (3) Chapter 135, relating to jurisdiction;
    (4) Sections 13704 and 13707 of chapter 137, relating to rates, 
routes, and services;
    (5) Chapter 139, relating to registration and financial 
responsibility requirements, except section 13907(d)(2);
    (6) Chapter 141, relating to operations of motor carriers;
    (7) Sections 14701 through 14705, 14707, 14708, 14710, and 14711 of

[[Page 49983]]

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 Sec.  1.25, carry out the functions vested in the 
Secretary by 49 U.S.C. 5121(a), (b), (c), and (d), 5122, 5123, and 
5124, relating to the transportation or shipment of hazardous materials 
by highway.
    (2) Carry out the functions vested in the Secretary by 49 U.S.C. 
5105(e), relating to inspections of motor vehicles carrying hazardous 
material; 49 U.S.C. 5109, relating to motor carrier safety permits, 
except subsection (f); 49 U.S.C. 5112, relating to highway routing of 
hazardous materials; 49 U.S.C. 5113, relating to unsatisfactory safety 
ratings of motor carriers; 49 U.S.C. 5119, relating to uniform forms 
and procedures; and 49 U.S.C. 5125(a) and (c)-(f), relating to 
preemption determinations or waivers of preemption of hazardous 
materials highway routing requirements.
    (e) Carry out the functions vested in the Secretary by:
    (1) Chapter 313 of 49, U.S.C., relating to commercial motor vehicle 
operators; and
    (2) Section 4123(c), (d) and (e) of SAFETEA-LU relating to grants, 
funding, and contract authority and availability, respectively, for 
commercial driver's license information system modernization.
    (f) Carry out the functions vested in the Secretary by subchapters 
I, III, and IV of chapter 311, title 49, U.S.C., and 49 U.S.C. 31111, 
relating to commercial motor vehicle programs, safety regulation, and 
international activities, except that the authority to promulgate 
safety standards for commercial motor vehicles and equipment subsequent 
to initial manufacture is limited to standards that are not based upon 
and similar to a Federal Motor Vehicle Safety Standard promulgated 
under chapter 301 of title 49, U.S.C.
    (g) Carry out the functions vested in the Secretary by 49 U.S.C. 
5701 relating to food transportation inspections of commercial motor 
vehicles.
    (h) Carry out the functions and exercise the authority delegated to 
the Secretary in section 2(d)(2) of Executive Order 12777 (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).

Sec.  1.88  The Federal Railroad Administration.

    Is responsible for:
    (a) Regulating safety functions pertaining to railroads;
    (b) Conducting research and development activity in support of 
safer and more efficient rail transportation;
    (c) Investigating and issuing reports concerning collisions, 
derailments, and other railroad accidents resulting in serious injury 
to persons or to the property of a railroad;
    (d) Developing safety strategies to combat the causes of 
collisions, derailments, and other railroad accidents, as well as to 
reduce overall risk in the Nation's rail systems;
    (e) Promoting and strengthening the national rail system, including 
freight rail and high speed and higher performing intercity passenger 
rail.
    (f) Providing financial assistance, including grants, loans and 
loan guarantees, for rail freight and intermodal development, as well 
as

[[Page 49984]]

high-speed and intercity passenger rail development;
    (g) Maximizing the positive impacts on the U.S. economy by 
encouraging domestic manufacturing on rail projects through the 
enforcement of Buy America provisions; and
    (h) Strengthening local communities by supporting station-area 
development and strong connections among rail passenger service, 
intercity bus, local transit, bicycle/pedestrian, and airport 
facilities.

Sec.  1.89  Delegations to the Federal Railroad 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 Sec.  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.

Sec.  1.90  The Federal Transit Administration.

    Is responsible for:
    (a) Providing grants that support the development of safe, 
comprehensive and coordinated public transportation systems;
    (b) Creating and implementing a national public transportation 
safety program that includes the development of safety practices and 
standards;
    (c) Assisting public transportation systems to achieve and maintain 
their infrastructure, equipment and vehicles in a state of good repair;
    (d) Promoting the environmental benefits of public transportation 
through continuing, cooperative, and comprehensive planning that 
improves the performance of the intermodal transportation system.
    (e) Supporting research, development, demonstration, and deployment 
projects dedicated to assisting in the delivery of safe, efficient and 
effective public transportation service;
    (f) Supporting, in coordination with FHWA and FRA, strong 
connections between public transportation and other modes of 
transportation, including bicycle/pedestrian facilities and station-
area development that strengthen local communities; and
    (g) Maximizing the positive impacts on the U.S. economy by 
encouraging domestic manufacturing on transit projects through the 
enforcement of Buy America provisions.

Sec.  1.91  Delegations to the Federal Transit Administrator.

    The 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, Sec.  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).

Sec.  1.92  The Maritime Administration.

    Is responsible for:
    (a) Fostering the development and maintenance of a United States 
merchant marine sufficient to meet the needs of the national security 
and of the

[[Page 49985]]

domestic and foreign commerce of the United States;
    (b) Operating the U.S. Merchant Marine Academy in order to train 
officers for the Nation's merchant marine;
    (c) Promoting development of ports and intermodal transportation 
systems through investments in port infrastructure via grant programs 
and America's Marine Highway program;
    (d) Promoting the growth and modernization of the U.S. merchant 
marine and U.S. shipyards by administering loan and guarantee programs;
    (e) Overseeing the administration of cargo preference statutes;
    (f) Maintaining custody of, operating, and preserving ships in the 
National Defense Reserve Fleet as well as other vessels under the 
custody of MARAD and managing, maintaining and operating its Ready 
Reserve Force component;
    (g) Conducting research and development to improve and promote the 
waterborne commerce of the United States.

Sec.  1.93  Delegations to the Maritime Administrator.

    The Maritime Administrator is delegated authority to:
    (a) Carry out the functions and exercise the authorities vested in 
the Secretary under Subtitle V of title 46, U.S.C., except for 46 
U.S.C. 51303 and 55601(c) and (d);
    (b) Carry out the functions and exercise the authorities vested in 
the Secretary under Subtitle III of title 46, U.S.C.;
    (c) Carry out the functions and exercise the authorities vested in 
the Secretary under the Merchant Ship Sales Act of 1946, as amended (50 
U.S.C. App. 1735 et seq.);
    (d) Carry out the functions and exercise the authorities vested in 
the Secretary under 50 U.S.C. App 1744 with respect to the National 
Shipping Authority;
    (e) Exercise the authority vested in the Administrator of General 
Services by the Act of June 1, 1948, Public Law 80-566, 62 Stat. 281, 
40 U.S.C. 318-318c and the Federal Property and Administrative Services 
Act of 1949, as amended, 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;

[[Page 49986]]

    (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.

Sec.  1.94  The National Highway Traffic Safety Administration.

    Is responsible for:
    (a) In highway safety, setting uniform guidelines for a coordinated 
national highway safety formula grant program carried out by the States 
and local communities; carrying out a research, development, and 
demonstration program; administering highway safety grant programs to 
encourage State efforts in such areas as occupant protection, impaired 
and distracted driving, traffic safety data information system 
improvements, motorcyclist safety, and child safety restraints; 
administering a nationwide high visibility enforcement program; and 
administering the National Driver Register.
    (b) In motor vehicle safety, establishing and enforcing safety 
standards and regulations for the manufacture and importation of motor 
vehicles and motor vehicle equipment; conducting research, development, 
and testing concerning motor vehicle safety, including vehicle to 
vehicle and vehicle to infrastructure technologies and other new or 
advanced vehicle technologies; and investigating safety-related defects 
and non-compliance in motor vehicles and motor vehicle equipment and 
administering related recalls.
    (c) In automobile fuel economy, establishing automobile fuel 
economy standards for passenger and non-passenger automobiles and fuel 
efficiency standards for medium and heavy vehicles.
    (d) In consumer protection and information, establishing 
requirements and carrying out programs for passenger motor vehicle 
information, such as the New Car Assessment Program; bumper standards 
for passenger motor vehicles; odometer requirements; and passenger 
motor vehicle theft prevention standards.

Sec.  1.95  Delegations to the National Highway Traffic Safety 
Administrator.

    The National Highway Traffic Safety Administrator is delegated 
authority to:
    (a) Exercise the authority vested in the Secretary under chapters 
301, 303, 321, 323, 325, 327, 329, and 331, of Title 49, U.S.C., except 
for 49 U.S.C. 32916(b).
    (b) Exercise the authority vested in the Secretary by 49 U.S.C. 
20134(a) with respect to laws administered by the National Highway 
Traffic Safety 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 on-scene 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);

[[Page 49987]]

    (19) Section 10202 [42 U.S.C. 300d-4], relating to emergency 
medical services;
    (20) Section 10302, relating to side-impact 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 Sec.  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 Sec. Sec.  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.

Sec.  1.96  The Pipeline and Hazardous Materials Safety Administration.

    Is responsible for:
    (a) Pipelines. (1) Administering a national program of safety in 
natural gas and hazardous liquid pipeline transportation including 
identifying pipeline safety concerns, developing uniform safety 
standards, and promulgating and enforcing safety regulations;
    (2) Increasing the gas and liquid pipeline industry's focus on 
safety beyond compliance with minimum standards, with particular 
attention to developing strong safety cultures in regulated entities;
    (3) Enhancing information awareness systems at the State and local 
levels to reduce pipeline damage from excavation and providing grants 
to support these systems; and
    (4) Encouraging the timely replacement of aging and deteriorating 
pipelines in distribution systems, especially in areas with high 
potential negative consequences to public safety and the environment.
    (b) Hazardous Materials. (1) Administering a national program of 
safety, including security, in multi-modal hazardous materials 
transportation including identifying hazardous materials safety 
concerns, developing uniform safety standards, and promulgating and 
enforcing safety and security regulations; and
    (2) Conducting outreach and provide available grants assistance to 
increase awareness and emergency preparedness.

Sec.  1.97  Delegations to the Pipeline and Hazardous Materials Safety 
Administrator.

    The Pipeline and Hazardous Materials Safety Administrator is 
delegated responsibility to:
    (a) Pipelines. (1) Exercise the authority vested in the Secretary 
under chapter 601 of title 49, U.S.C.
    (2) Exercise the authority vested in the Secretary under section 28 
of the Mineral Leasing Act, as amended (30 U.S.C. 185(a) and 30 U.S.C. 
185 (w)(3)).
    (3) Exercise the authority vested in the Secretary under section 21 
of the Deepwater Port Act of 1974, as amended (33 U.S.C. 1520) relating 
to the establishment, enforcement and review of regulations concerning 
the safe construction, operation or maintenance of oil or natural gas 
pipelines on Federal lands and the Outer Continental Shelf.
    (4) 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 Sec.  1.25:
    (1) Carry out the functions vested in the Secretary by 49 U.S.C. 
5121(a), (b), (c), (d) and (e), 5122, 5123, and 5124, with particular 
emphasis on the shipment of hazardous materials and the manufacture, 
fabrication, marking, maintenance, reconditioning, repair or test of 
multi-modal containers that are represented, marked, certified, or sold 
for use in the transportation of hazardous materials; and
    (2) 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 Sec. Sec.  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.

[[Page 49988]]

    (c) Exercise the authority delegated to the Secretary in the 
following sections of Executive Order 12777:
    (1) Section 2(b)(2) relating to the establishment of procedures, 
methods, equipment and other requirements to prevent discharges from, 
and to contain oil and hazardous substances in, pipelines, motor 
carriers, and railroads; and
    (2) Section 2(d)(2) relating to the issuance of regulations 
requiring the owners or operators of pipelines, motor carriers, and 
railroads, subject to the Federal Water Pollution Control Act (33 
U.S.C. 1321 et seq.), to prepare and submit response plans. For 
pipelines subject to the Federal Water Pollution Control Act, this 
authority includes the approval of means to ensure the availability of 
private personnel and equipment to remove, to the maximum extent 
practicable, a worst case discharge, the review and approval of 
response plans, and the authorization of pipelines to operate without 
approved response plans.

Sec.  1.98  The Research and Innovative Technology Administration.

    Is responsible for:
    (a) Coordinating, facilitating, and reviewing the Department's 
research and development programs and activities, except as related to 
NHTSA.
    (b) After consultation with Operating Administration and OST 
offices, making recommendations to the Secretary on all Operating 
Administration and OST research budgets;
    (c) Providing leadership on technical, navigation, communication, 
and systems engineering activities, and spectrum management on behalf 
of the civil and civilian PNT communities;
    (d) Directing and administering university transportation research 
grants;
    (e) In coordination with FHWA, NHTSA, and FMCSA, conducting 
vehicle-to-vehicle and vehicle-to-infrastructure research;
    (f) Advancing Intelligent Transportation Systems (ITS) research and 
deployment of real-time multi-modal travel information for travelers, 
carriers, and public agencies;
    (g) Providing oversight of the activities of the Volpe National 
Transportation Systems Center, the ITS Joint Program Office, the Bureau 
of Transportation Statistics, and the Transportation Safety Institute; 
and
    (h) Providing technical support to advance the mission of the 
Secretary's Safety Council.

Sec.  1.99  Delegations to the Research and Innovative Technology 
Administrator.

    The Research and Innovative Technology Administrator is delegated 
authority for the following:
    (a) Coordination of departmental research and development programs 
and activities. (1) Coordinate, facilitate, and review all departmental 
research and development programs and activities, except those carried 
out by the National Highway Traffic Safety Administration, as described 
in section 4(b) of the Norman Y. Mineta Research and Special Programs 
Improvement Act (Pub. L. 108-426, 118 Stat. 2423).
    (2) After consultation with Operating Administration and OST 
offices, RITA shall make recommendations to the Secretary on all 
Operating Administration and OST research budgets.
    (b) Science and technology. (1) With respect to scientific and 
technological matters, serve as principal advisor to the Secretary and 
representative of the Department to the academic community, the private 
sector, professional organizations, and other federal, state and local 
government agencies.
    (2) Serve as principal liaison official for the Department of 
Transportation with the Office of Science and Technology Policy in the 
Executive Office of the President, the National Science and Technology 
Council, and the President's Committee of Advisors on Science and 
Technology.
    (3) Serve as primary official responsible for coordination and 
oversight of the Department's implementation of section 2 of the 
Federal Technology Transfer Act of 1986 (15 U.S.C. 3710a), relating to 
the transfer of Federal technology to the marketplace; and section 
12(d) of the National Technology Transfer and Advancement Act of 1996 
(Pub. L. 104-113), as implemented by OMB Circular A-119: Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards and in Conformity Assessment Activities.
    (4) Serve as Chair and Executive Secretary of the Department of 
Transportation's Research, Development and Technology Planning Council 
and Planning Team.
    (5) Advocate Department of Transportation policy and program 
coordination efforts associated with transportation research.
    (6) Represent the Department of Transportation on departmental, 
national and international committees and meetings dealing with 
transportation research and development (R & D).
    (7) Manage the strategic planning process for transportation R & D 
across the Department of Transportation and, through the National 
Science and Technology Council, across the Federal Government.
    (8) Carry out the transportation research and development strategic 
planning function vested in the Secretary by 23 U.S.C. 508.
    (9) Conduct transportation system-level assessments and policy 
research.
    (10) Facilitate the creation of transportation public/private 
partnerships.
    (11) Foster innovation in the transportation sector.
    (12) Disseminate information on departmental, national, and 
international transportation R & D activities.
    (13) Provide legal support for Departmental intellectual property 
and patent issues.
    (14) Manage department- and government-wide (inter/multimodal) 
transportation R & D programs.
    (15) Oversee such advisory boards that deal with transportation 
system-level R & D assessments and issues, such as the Transportation 
Research Board Committee on the Federal Transportation R & D Strategic 
Planning Process.
    (c) Advanced vehicle technology. Carry out the functions vested in 
the Secretary by section 5111 of the Transportation Equity Act for the 
21st Century (49 U.S.C. 5506), as extended by the Surface 
Transportation Extension Act of 2004, Part V, Public Law 108-310, 
September 30, 2004, 118 Stat. 1144, and section 5513(j) of SAFETEA-LU.
    (d) Remote sensing technology. Carry out the functions vested in 
the Secretary by section 5113 of the Transportation Equity Act for the 
21st Century (23 U.S.C. 502 Note), as extended by the Surface 
Transportation Extension Act of 2004, Part V, Public Law 108-310, 
September 30, 2004, 118 Stat. 1144, and section 5506 of SAFETEA-LU.
    (e) University transportation research. Carry out the functions 
vested in the Secretary by section 5110 of the Transportation Equity 
Act for the 21st Century (49 U.S.C. 5505), as extended by the Surface 
Transportation Extension Act of 2004, Part V, Public Law 108-310, 
September 30, 2004, 118 Stat. 1144, and sections 5401 and 5402 of 
SAFETEA-LU.
    (f) Volpe National Transportation Systems Center. Exercise the 
authority vested in the Secretary with respect to the activities of the 
Volpe National Transportation Systems Center as described in 49 U.S.C. 
112(d)(1)(E) and carry out the functions vested in the

[[Page 49989]]

Secretary by 49 U.S.C. 328 with respect to the working capital fund for 
financing the activities of the Volpe National Transportation Systems 
Center.
    (g) Exercise authority over the Transportation Safety Institute.
    (h) Carry out the functions vested in the Secretary by 49 U.S.C. 
111 relating to transportation statistics, analysis, and reporting.
    (i) Carry out the functions vested in the Secretary by 49 U.S.C. 
5503(d) (Office of Intermodalism).
    (j) Aviation information. (1) Carry out the functions vested in the 
Secretary by 49 U.S.C. 329(b)(1) relating to the collection and 
dissemination of information on civil aeronautics.
    (2) Carry out the functions vested in the Secretary by section 
4(a)(7) of the Civil Aeronautics Board Sunset Act of 1984 (October 4, 
1984; Pub. L. 98-443) relating to the reporting of the extension of 
unsecured credit to political candidates (section 401, Federal Election 
Campaign Act of 1971; 2 U.S.C. 451), in conjunction with the General 
Counsel and the Assistant Secretary for Aviation and International 
Affairs.
    (3) Carry out the functions vested in the Secretary by: 49 U.S.C. 
40113 (relating to taking such actions and issuing such regulations as 
may be necessary to carry out its air commerce and safety 
responsibilities), 49 U.S.C. 41702 (relating to the duty of carriers to 
provide safe and adequate service), 49 U.S.C. 41708 and 41709 (relating 
to the requirement to keep information and the forms in which it is to 
be kept), and 49 U.S.C. 41701 (relating to establishing just and 
reasonable classifications of carriers and rules to be followed by 
each) as appropriate to carry out the responsibilities under this 
paragraph in conjunction with the General Counsel and the Assistant 
Secretary for Aviation and International Affairs.
    (k) Hazardous materials information. In coordination with the Under 
Secretary, work with the Operating Administrations to determine data 
needs, collection strategies, and analytical techniques appropriate for 
implementing 49 U.S.C. 5101 et seq.
    (l) Carry out the functions vested in the Secretary by section 
1801(e) of SAFETEA-LU (establishing and maintaining a national ferry 
database).
    (m) Carry out the functions vested in the Secretary by section 
5513(c), (d), (g), (h), (i), (l), and (m) of SAFETEA-LU (establishing 
various research grants)
    (n) Carry out the functions vested in the Secretary by section 
5201(m) of SAFETEA-LU (biobased transportation research program).
    (o) Carry out the functions vested in the Secretary by 23 U.S.C. 
509 (establishing and supporting a national cooperative freight 
transportation research program).
    (p) Positioning, navigation and timing (PNT) and spectrum 
management.
    Carry out the functions described in the Secretarial memo of August 
1, 2007, ``Positioning, Navigation and Timing (PNT) and Spectrum 
Management Realignment under the Research and Innovative Technology 
Administration (RITA).''
    (q) Carry out the Secretary's authority to establish, operate and 
manage the Nationwide Differential Global Positioning System (NDGPS) as 
described in Section 346 of Public Law 105-66 (Department of 
Transportation and Related Agencies Appropriations Act of 1998).

Sec.  1.100  The Saint Lawrence Seaway Development Corporation.

    Is responsible for the development, operation, and maintenance of 
that part of the Saint Lawrence Seaway within the territorial limits of 
the United States.

Sec.  1.101  Delegations to 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 Sec.  
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

[[Page 49990]]

Safety Administration, Federal Transit Administration, the Saint 
Lawrence Seaway Development Corporation, Maritime Administration, 
and Research and Innovative Technology Administration are hereby 
authorized to approve the sufficiency of the title to land being 
acquired by purchase or condemnation by the United States for the 
use of their respective organizations. This delegation is subject to 
the limitations imposed by the Assistant Attorney General, Land and 
Natural Resources Division, in his delegation to the Department of 
Transportation. Redelegation of this authority may only be made by 
the Chief Counsels to attorneys within their respective 
organizations.
    If the organization does not have an attorney experienced and 
capable in the examination of title evidence, a Chief Counsel may, 
with the concurrence of the General Counsel, request the Attorney 
General to (1) furnish an opinion as to the validity of a title to 
real property or interest therein, or (2) provide advice or 
assistance in connection with determining the sufficiency of the 
title.

    Issued at Washington, DC, this 31st day of July, 2012.
Ray LaHood,
Secretary of Transportation.
[FR Doc. 2012-19397 Filed 8-16-12; 8:45 am]
BILLING CODE 4910-9X-P
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