81 FR 19818 - Organization and Delegation of Powers and Duties
DEPARTMENT OF TRANSPORTATION
Office of the Secretary Federal Register Volume 81, Issue 65 (April 5, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 65 (April 5, 2016)
| Page Range | 19818-19845 | |
| FR Document | 2016-04230 |
[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)] [Rules and Regulations] [Pages 19818-19845] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04230] [[Page 19817]] Vol. 81 Tuesday, No. 65 April 5, 2016 Part III Department of Transportation ----------------------------------------------------------------------- 49 CFR Part 1 Organization and Delegation of Powers and Duties; Final Rule Federal Register / Vol. 81 , No. 65 / Tuesday, April 5, 2016 / Rules and Regulations [[Page 19818]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Office of the Secretary 49 CFR Part 1 [Docket No. DOT-OST-2012-0123] RIN 2105-AE42 Organization and Delegation of Powers and Duties AGENCY: Office of the Secretary (OST), U.S. Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Office of the Secretary of Transportation is updating the regulations that govern the organization of the Department of Transportation and delegate authority from the Secretary to departmental officers, including the Deputy Secretary, the Under Secretary, the General Counsel, the Assistant Secretaries, the Inspector General, and the heads of the Department's Operating Administrations. This amendment responds to the Moving Ahead for Progress in the 21st Century Act and the Department of Transportation Appropriations Act, 2015, removes some delegations of authority that were unnecessary or inaccurate, and revises some delegations of authority to improve the description of current Department practice. DATES: Effective April 5, 2016. FOR FURTHER INFORMATION CONTACT: Michael A. Smith, Office of the General Counsel (C-10), 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 366-2917, [email protected]. SUPPLEMENTARY INFORMATION: Background This final rule updates the regulations that organize the Department of Transportation and delegate authority from the Secretary of Transportation to other departmental officials, including the Deputy Secretary, the Under Secretary, the General Counsel, the Assistant Secretaries, the Inspector General, and the heads of the Operating Administrations. The purpose of this rule is to describe to the public and other government officials how the Department operates, which offices within the Department are responsible for which activities, and what authority each office exercises. This rule updates part 1 on Organization and Delegation of Powers and Duties in two ways. First, the rule responds to the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 405) and the Department of Transportation Appropriations Act, 2015 (Pub. L. 113-235 div. K, tit. I, 128 Stat. 2696). The rule adds delegations for new sources of authority from those laws. Second, the rule improves and simplifies the existing delegations of authority. It removes some delegations that were unnecessary or no longer described the exercise of authority within the Department. It revises and clarifies other delegations to more accurately describe current Department practice and ensure consistency with relevant statutory authorities. This final rule does not impose substantive requirements on the public. It is ministerial and relates only to the Department's organization, procedure, and practice. Therefore, the Department has determined that notice and comment are unnecessary and that the rule is exempt from prior notice and comment requirements under 5 U.S.C. 553(b)(3)(A). As these changes will not have a substantive impact on the public, the Department does not expect to receive substantive comments on the rule. Accordingly, under 5 U.S.C. 553(d)(3), the Department finds good cause for this rule to be effective less than 30 days after its publication in the Federal Register. Regulatory Analyses and Notices Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures The Department has determined that this final rule is not a significant regulatory action under Executive Order 12866 and DOT Regulatory Policies and Procedures (44 FR 11034). It was not reviewed by the Office of Management and Budget. There are no costs associated with this rule. Executive Order 13132 (Federalism) This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (``Federalism''). This final rule does not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, the consultation requirements of Executive Order 13132 do not apply. Executive Order 13175 (Consultation and Coordination With Indian Tribal Governments) This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (``Consultation and Coordination with Indian Tribal Governments''). Because this final rule does not significantly or uniquely affect the communities of the Indian tribal governments and does not impose substantial or direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply. Regulatory Flexibility Act Because no notice of proposed rulemaking is required for this rule under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. We also do not believe this rule will impose any costs on small entities because it is merely organizational in nature. I hereby certify that this final rule will not have a significant economic impact on a substantial number of small entities. Paperwork Reduction Act This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) does not require a written statement for this final rule because the rule does not include a Federal mandate that may result in the expenditure in any one year of $155,000,000 or more by State, local, and tribal governments, or the private sector. National Environmental Policy Act The agency has analyzed the environmental impacts of this action pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical exclusions are actions identified in an agency's NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS. Id. Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the categorical exclusions for all DOT Operating Administrations. This action is covered by the categorical exclusion listed in the Federal Highway Administration's implementing [[Page 19819]] procedures, ``[p]romulgation of rules, regulations, and directives.'' 23 CFR 771.117(c)(20). The purpose of this rulemaking is to update the regulations that govern the organization of the Department and delegate authority from the Secretary to departmental officers and the heads of the Department's Operating Administrations. The agency does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this rulemaking. List of Subjects in 49 CFR Part 1 Authority delegations (Government agencies), Organization and functions (Government agencies). For the reasons stated in the preamble, the Department of Transportation revises 49 CFR part 1 to read as follows: PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES Subpart A--General Sec. 1.1 Overview. 1.2 Organization of the Department. 1.3 Exercise of authority. 1.4 Construction. Subpart B--Office of the Secretary 1.11 Overview. 1.13 OST key responsibilities. 1.15 OST structure. 1.17 OST line of secretarial succession. OST Officials 1.20 Secretary of Transportation. 1.21 Reservations of Authority to the Secretary of Transportation. 1.22 Deputy Secretary. 1.23 Delegations to the Deputy Secretary. 1.24 Under Secretary of Transportation for Policy. 1.25 Delegations to the Under Secretary of Transportation for Policy. 1.25a Redelegations by the Under Secretary of Transportation for Policy. 1.26 General Counsel. 1.27 Delegations to the General Counsel. 1.27a Delegations to the Career Deputy General Counsel. 1.27b Delegations to the Assistant General Counsel for General Law. 1.30 Assistant Secretaries. 1.31 Assistant Secretary for Transportation Policy. 1.32 Assistant Secretary for Aviation and International Affairs. 1.33 Chief Financial Officer and Assistant Secretary for Budget and Programs. 1.34 Delegations to the Chief Financial Officer and Assistant Secretary for Budget and Programs. 1.35 Assistant Secretary for Governmental Affairs. 1.36 Delegations to the Assistant Secretary for Governmental Affairs. 1.37 Assistant Secretary for Administration. 1.38 Delegations to the Assistant Secretary for Administration. 1.38a Redelegations by the Assistant Secretary for Administration. 1.39 Executive Secretariat. 1.40 Departmental Office of Civil Rights. 1.41 Delegations to the Director of the Departmental Office of Civil Rights. 1.42 Office of Small and Disadvantaged Business Utilization. 1.43 Delegations to the Director of the Office of Small and Disadvantaged Business Utilization. 1.44 Office of Intelligence, Security and Emergency Response. 1.45 Delegations to the Director of the Office of Intelligence, Security and Emergency Response. 1.46 Office of Public Affairs. 1.47 Delegations to the Assistant to the Secretary and Director of Public Affairs. 1.48 Office of the Chief Information Officer. 1.49 Delegations to the Chief Information Officer. 1.50 Office of Drug & Alcohol Policy & Compliance. 1.60 General Authorizations and Delegations to Secretarial Officers. Subpart C--Office of Inspector General 1.70 Overview. 1.71 Key responsibilities. 1.72 Structure. 1.73 Authority of Inspector General. 1.74 Delegations to Inspector General. Subpart D--Operating Administrations 1.80 Overview. 1.81 Delegations to all Administrators. 1.81a Redelegation by all Administrators. 1.82 The Federal Aviation Administration. 1.83 Delegations to the Federal Aviation Administrator. 1.84 The Federal Highway Administration. 1.85 Delegations to the Federal Highway Administrator. 1.86 The Federal Motor Carrier Safety Administration. 1.87 Delegations to the Federal Motor Carrier Safety Administrator. 1.88 The Federal Railroad Administration. 1.89 Delegations to the Federal Railroad Administrator. 1.90 The Federal Transit Administration. 1.91 Delegations to the Federal Transit Administrator. 1.92 The Maritime Administration. 1.93 Delegations to the Maritime Administrator. 1.94 The National Highway Traffic Safety Administration. 1.95 Delegations to the National Highway Traffic Safety Administrator. 1.96 The Pipeline and Hazardous Materials Safety Administration. 1.97 Delegations to the Pipeline and Hazardous Materials Safety Administrator. 1.98 The Research and Innovative Technology Administration. 1.99 Delegations to the Research and Innovative Technology Administrator. 1.100 The Saint Lawrence Seaway Development Corporation. 1.101 Delegations to the Saint Lawrence Seaway Development Corporation Administrator. Appendix A to Part 1--Delegations and Redelegations by Secretarial Officers Authority: 49 U.S.C. 322. PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES Subpart A--General Sec. 1.1 Overview. This part describes the organization of the United States Department of Transportation and provides for the performance of duties imposed upon, and the exercise of powers vested in, the Secretary of Transportation by law. Sec. 1.2 Organization of the Department. (a) The Secretary of Transportation is the head of the Department. (b) The Department comprises the Office of the Secretary of Transportation (OST), the Office of the Inspector General (OIG), and the following Operating Administrations, each headed by an Administrator who reports directly to the Secretary: (1) The Federal Aviation Administration (FAA). (2) The Federal Highway Administration (FHWA). (3) The Federal Motor Carrier Safety Administration (FMCSA). (4) The Federal Railroad Administration (FRA). (5) The Federal Transit Administration (FTA). (6) The Maritime Administration (MARAD). (7) The National Highway Traffic Safety Administration (NHTSA). (8) The Pipeline and Hazardous Materials Safety Administration (PHMSA). (9) The Research and Innovative Technology Administration (RITA). (10) The Saint Lawrence Seaway Development Corporation (SLSDC). Sec. 1.3 Exercise of authority. (a) In exercising powers and performing duties delegated by this part or redelegated pursuant thereto, officials of the Department of Transportation are governed by applicable laws, Executive Orders and regulations and by policies, objectives, plans, standards, procedures, and limitations as may be issued from time to time by or on behalf of the Secretary, or, with respect to matters under their jurisdictions, by or on behalf of the Deputy Secretary, the Under Secretary, the General Counsel, an Assistant Secretary, the Inspector General, or an Administrator. This includes, wherever specified, the requirement for advance notice to, prior coordination with, or prior approval by [[Page 19820]] an authority other than that of the official proposing to act. (b) Subject to the reservations of authority to the Secretary of Transportation in Sec. 1.21, the Deputy Secretary, the Under Secretary, the General Counsel, the Assistant Secretaries, the Inspector General, and the Administrators exercise the powers and perform the duties delegated to them under this part. (c) For delegations of authority vested in the Secretary by Executive Order 13526 (see also Executive Orders 12958 and 12065) originally to classify documents as secret and confidential, see Sec. 8.11 of this subtitle. Previous delegations of authority to Department of Transportation officials to originally classify information as secret and confidential are hereby rescinded. Sec. 1.4 Construction. For the purposes of this part: (a) ``Federal Aviation Administrator'' is synonymous with ``Administrator of the Federal Aviation Administration.'' (b) ``Federal Highway Administrator'' is synonymous with ``Administrator of the Federal Highway Administration.'' (c) ``Federal Motor Carrier Safety Administrator'' is synonymous with ``Administrator of the Federal Motor Carrier Safety Administration.'' (d) ``Federal Railroad Administrator'' is synonymous with ``Administrator of the Federal Railroad Administration.'' (e) ``Federal Transit Administrator'' is synonymous with ``Administrator of the Federal Transit Administration.'' (f) ``Maritime Administrator'' is synonymous with ``Administrator of the Maritime Administration.'' (g) ``National Highway Traffic Safety Administrator'' is synonymous with ``Administrator of the National Highway Traffic Safety Administration.'' (h) ``Pipeline and Hazardous Materials Safety Administrator'' is synonymous with ``Administrator of the Pipeline and Hazardous Materials Safety Administration.'' (i) ``Saint Lawrence Seaway Development Corporation Administrator'' is synonymous with ``Administrator of the Saint Lawrence Seaway Development Corporation.'' Subpart B--Office of the Secretary Sec. 1.11 Overview. This subpart sets forth the OST's key responsibilities, its basic organizational structure, and the line of Secretarial succession in time of need. It also describes the key responsibilities of OST officials, and sets forth delegations and reservations of authority to those officials. Sec. 1.13 OST key responsibilities. (a) The OST is responsible for: (1) Providing leadership in formulating and executing well-balanced national and international transportation objectives, policies, and programs to ensure the Nation has safe, economically competitive transportation systems that support U.S. interests, that are maintained in a state of good repair, that foster environmental sustainability, and that support livable communities; (2) Chairing the Department's Safety Council; (3) Stimulating and promoting research and development in all modes and types of transportation, with special emphasis on transportation safety; (4) Coordinating the various transportation programs of the Federal Government; (5) Encouraging maximum private development of transportation services; (6) Providing responsive, timely, and effective liaison with Congress and public and private organizations on transportation matters; (7) Providing innovative approaches to urban transportation and environmental enhancement programs; (8) Overseeing the Department's multimodal freight policy; (9) Providing effective management of the Department as a whole to ensure it achieves organizational excellence; (10) Leading Department-wide efforts for greater transparency and accountability; (11) Administering the Department's Livable Communities initiative to increase access to convenient and affordable transportation choices and improve transportation networks that accommodate pedestrians and bicycles; (12) Coordinating the Department's credit and financial assistance programs by leading the Credit Council to ensure responsible financing for the Nation's transportation projects; (13) Formulating and executing policies to ensure effective operation of the Department's aviation economic program including functions related to consumer protection and civil rights, domestic airline licensing matters, competition oversight, airline data collection, and review of international route negotiations and route awards to carriers; and (14) Leading and coordinating Federal Government transportation fringe benefit programs. (b) [Reserved] Sec. 1.15 OST structure. (a) Secretary and Deputy Secretary. The Secretary and Deputy Secretary are assisted by the following, all of which report directly to the Secretary: (1) The Chief of Staff; (2) The Executive Secretariat; (3) The Departmental Office of Civil Rights; (4) The Office of Small and Disadvantaged Business Utilization; (5) The Office of Intelligence, Security and Emergency Response; (6) The Office of Public Affairs; (7) The Office of the Chief Information Officer; and (8) The Office of Drug & Alcohol Policy & Compliance. (b) The Under Secretary of Transportation for Policy, the General Counsel, and the Assistant Secretaries for Administration, Budget and Programs, and Governmental Affairs also report directly to the Secretary. (c) Office of the Under Secretary of Transportation for Policy. This Office is composed of: (1) The Office of the Assistant Secretary for Transportation Policy, which includes: (i) The Office of Policy Development, Strategic Planning and Performance; (ii) The Office of Infrastructure Finance and Innovation; and (iii) The Office of the Chief Economist. (2) The Office of the Assistant Secretary for Aviation and International Affairs, which includes: (i) The Office of International Transportation and Trade; (ii) The Office of International Aviation; and (iii) The Office of Aviation Analysis. (d) Office of the General Counsel. This Office is composed of: (1) The Office of General Law; (2) The Office of International Law; (3) The Office of Litigation; (4) The Office of Legislation; (5) The Office of Regulation and Enforcement; (6) The Office of Operations, which includes the Freedom of Information Act (FOIA) Office; (7) The Office of Aviation Enforcement and Proceedings, which includes the Aviation Consumer Protection Division; and (8) The Center for Alternative Dispute Resolution. (e) Office of the Chief Financial Officer and Assistant Secretary for Budget and Programs. This Office is composed of: (1) The Office of Budget and Program Performance; (2) The Office of Financial Management; (3) The Office of the Chief Financial Officer for the Office of the Secretary; and (4) The Office of Credit Oversight and Risk Management. [[Page 19821]] (f) Office of the Assistant Secretary for Governmental Affairs. This Office contains the following functional areas: Congressional Affairs and Intergovernmental Affairs; and includes a Deputy Assistant Secretary for Tribal Government Affairs. (g) Office of the Assistant Secretary for Administration. This Office is composed of: (1) The Office of Audit Relations; (2) The Office of Human Resource Management; (3) The Office of Hearings; (4) The Office of Security; (5) The Office of the Senior Procurement Executive; (6) The Office of Financial Management and Transit Benefit Programs; and (7) The Office of Facilities, Information and Asset Management. Sec. 1.17 OST line of secretarial succession. (a) The following officials, in the order indicated, shall act as Secretary of Transportation, in case of the absence or disability of the Secretary, until the absence or disability ceases, or in the case of a vacancy, until a successor is appointed. Notwithstanding the provisions of this section, the President retains discretion, to the extent permitted by the law, to depart from this order in designating an acting Secretary of Transportation. (1) Deputy Secretary. (2) Under Secretary of Transportation for Policy. (3) General Counsel. (4) Chief Financial Officer and Assistant Secretary for Budget and Programs. (5) Assistant Secretary for Transportation Policy. (6) Assistant Secretary for Governmental Affairs. (7) Assistant Secretary for Aviation and International Affairs. (8) Assistant Secretary for Administration. (9) Administrator of the Federal Highway Administration. (10) Administrator of the Federal Aviation Administration. (11) Administrator of the Federal Motor Carrier Safety Administration. (12) Administrator of the Federal Railroad Administration. (13) Administrator of the Federal Transit Administration. (14) Administrator of the Maritime Administration. (15) Administrator of the Pipeline and Hazardous Materials Safety Administration. (16) Administrator of the National Highway Traffic Safety Administration. (17) Administrator of the Research and Innovative Technology Administration. (18) Administrator of the Saint Lawrence Seaway Development Corporation. (19) Regional Administrator, Southern Region, Federal Aviation Administration. (20) Director, Resource Center, Lakewood, Colorado, Federal Highway Administration. (21) Regional Administrator, Northwest Mountain Region, Federal Aviation Administration. (b) Without regard to the foregoing, a person directed to perform the duties of the Secretary pursuant to 5 U.S.C. 3347 (the Vacancies Act) shall act as Secretary of Transportation. OST Officials Sec. 1.20 Secretary of Transportation. The Secretary is the head of the Department. The Secretary exercises oversight of all of the OST components, as well as each of the Operating Administrations, and overall planning, direction, and control of the Department's agenda. Sec. 1.21 Reservations of Authority to the Secretary of Transportation. (a) All powers and duties that are not delegated by the Secretary in this part, or otherwise vested in officials other than the Secretary, are reserved to the Secretary. Except as otherwise provided, the Secretary may exercise powers and duties delegated or assigned to officials other than the Secretary. (b) The delegations of authority in subpart C (Office of the Inspector General) and subpart D (Operating Administrations) of this part do not extend to the following actions, authority for which is reserved to the Secretary or the Secretary's delegatee within the Office of the Secretary: (1) General transportation matters. (i) Transportation leadership authority pursuant to 49 U.S.C. 301 (Duties of the Secretary of Transportation: Leadership, consultation, and cooperation). (ii) Functions relating to transportation activities, plans, and programs under 49 U.S.C. 304 (Joint activities with the Secretary of Housing and Urban Development). (iii) Authority to develop, prepare, coordinate, transmit, and revise transportation investment standards and criteria under 49 U.S.C. 305 (Transportation investment standards and criteria). (iv) Authority relating to standard time zones and advanced (daylight) time (15 U.S.C. 260 et seq.). (2) Legislation, rulemakings, and reports. (i) Submission to the President, the Director of the Office of Management and Budget, or Congress of proposals or recommendations for legislation, significant rulemakings and related documents as authorized by law, Executive Orders, proclamations or reorganization plans, or other Presidential action. (ii) Submission to the President or Congress of any report or any proposed transportation policy or investment standards or criteria, except with the prior written approval of the Secretary. (iii) Submission of the annual statement on systems of internal accounting and administrative control under the Federal Managers' Financial Integrity Act of 1982 (FMFIA) (31 U.S.C. 3512 note). (3) Budget and finance. (i) Approval and submission to the Office of Management and Budget of original or amended budget estimates or requests for allocations of personnel ceiling (31 U.S.C. 1108). (ii) Approval of requests for legislation which, if enacted, would authorize subsequent appropriations for the Department (31 U.S.C. 581b). (iii) Transfer of the balance of an appropriation from one operating element to another within the Department (31 U.S.C. 581c). (iv) Submission to the Director of the Office of Management and Budget of requests for the transfer of the balance or portions of an appropriation from one element to another within the Department (31 U.S.C. 665). (4) Personnel. (i) Recommendations to the Office of Personnel Management regarding the allocation of a position to the Senior Executive Service (SES) or Senior Level (SL), or Scientific and Professional Positions (ST) (5 U.S.C. 5108). (ii) Recommendations to the Office of Personnel Management of approval of the qualifications of any candidate for a position in the SES or SL. (iii) Recommendations to the Office of Personnel Management of a Lump-Sum Incentive Award in Excess of $10,000 (5 U.S.C. 4502). (iv) Approval of the following actions relating to Schedules A, B, C, or D (5 CFR part 213) and noncareer executive assignment positions or incumbents, except for actions under Schedules A and B limited to one year or less at grade GS-9 or lower, or an equivalent level: (A) Establishment or abolition of positions; (B) Hires; (C) Promotions other than quality and periodic within-grade promotions; [[Page 19822]] (D) Transfer of personnel to Schedule A, B, C, or D positions or non-career executive assignment positions, either permanently or on detail; and (E) Transfer of personnel from Schedule A, B, C, or D or non-career executive assignment positions to career Civil Service positions. (v) Approval of employment of experts or consultants. (vi) Authority to determine the maximum limit of age for appointment of air traffic controllers as provided by 5 U.S.C. 3307(b). (vii) Authority to develop, coordinate, and issue wage schedules under the Federal Wage system. (5) Security. (i) Authorizing the filling of a critical-sensitive position for a limited period by a person on whom a preappointment full field investigation has not been completed (Executive Order 10450) as amended and Executive Order 12968 as amended by Executive Order 13467. (ii) Requesting Presidential approval of a claim of executive privilege with respect to information requested by a Congressional committee or Member of Congress. (iii) Making determinations prescribed by Executive Order 12968 as amended by Executive Order 13467 and 32 CFR part 147 relating to the adjudication and final denial of access to classified information to industry personnel. (iv) Making those determinations or delegations prescribed by Executive Order 13526 that are reserved to the head of the Department. (6) Procurement. Exercising the extraordinary authority for defense contracts provided for in Pub. L. 85-804 [(50 U.S.C. 1431-1435)]. (7) Printing. Requesting approval of the Joint Committee on Printing for any procurement or other action requiring Committee approval. (8) Interagency agreements. Executing any written interdepartmental or interagency agreement with the head of another executive department or agency. (9) Withholding of funds. Withholding or suspension of Federal-Aid Highway funds on a state-wide basis and the waiver or compromise of such withholding or suspension, except for the administration of 23 U.S.C. 141, 158, 159, 161, and 163 which are specifically delegated in Sec. Sec. 1.85 (FHWA) and 1.95 (NHTSA). (10) National Highway Safety Advisory Committee. Directing the National Highway Safety Advisory Committee to meet (23 U.S.C. 404(c)). (11) Maritime Subsidy Board. Reviewing decisions, reports, orders and other actions of the Maritime Subsidy Board. (12) Cash purchases of passenger transportation. The authority under 41 CFR 301-51.100 to authorize and approve cash purchases for emergency passenger transportation services costing more than $100. (13) Solicitation of gifts. The implied authority to solicit gifts associated with 49 U.S.C. 326(a). (14) Foreign travel. Approving official travel outside of the United States. (15) United States Merchant Marine Academy. Pursuant to 49 U.S.C. 51303, the authority to appoint each year without competition as cadets at the United States Merchant Marine Academy not more than 40 qualified individuals with qualities the Secretary considers to be of special value to the Academy. (16) Challenges and competitions. Approving any challenge or competition administered by any office or Operating Administration of the Department. (17) Committees. Approving the establishment, modification, extension, or termination of all advisory committees (including industry advisory committees) subject to the Federal Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App.), and the designation of Departmental representatives to those committees. (18) Credit assistance approval. Granting final approval of applications for credit assistance under the Transportation Infrastructure Finance and Innovation Act (TIFIA), 23 U.S.C. 601-609. Sec. 1.22 Deputy Secretary. Along with the Secretary, the Deputy Secretary exercises oversight of all of the OST components, as well as each of the Operating Administrations, and overall planning, direction, and control of the Department's agenda. The Deputy Secretary: (a) May exercise the authority of the Secretary, except where specifically limited by law, order, regulation, or instructions of the Secretary; (b) Serves as the Chief Operating Officer; and (c) Serves as the Chief Acquisition Officer. Sec. 1.23 Delegations to the Deputy Secretary. The Deputy Secretary may exercise the authority of the Secretary, except where specifically limited by law, order, regulations, or instructions of the Secretary. In addition, the Deputy Secretary is delegated authority to: (a) Exercise executive control over Departmental Budgeting and Program Evaluation. (b) Serve as Chairman of the Departmental Executive Resources Board and its Executive Committee. (c) Serve as the Chair of the Department's Safety Council. (d) Serve as the Chair of the Department's Credit Council. (e) Approve the establishment, modification, extension, or termination of: (1) Department-wide (intra-department) committees affecting more than one program. (2) OST-sponsored interagency committees. (f) Approve the designation of: (1) Departmental representatives and the chairman for interagency committees sponsored by the Office of the Secretary. (2) Departmental members for international committees. (g) Serve as the representative of the Secretary on the board of directors of the National Railroad Passenger Corporation and carry out the functions vested in the Secretary as a member of the board by 49 U.S.C. 24302. (h) Approve the initiation of regulatory action, as defined in Executive Order 12866, by Secretarial offices and Operating Administrations. Sec. 1.24 Under Secretary of Transportation for Policy. The Under Secretary provides leadership in the Department's development of policies and programs to protect and enhance the safety, adequacy, and efficiency of the transportation system and services. The Office of the Under Secretary serves as the focal point within the Federal Government for coordination of intermodal transportation policy, which brings together departmental intermodal perspectives, advocates intermodal interests, and provides secretarial leadership and visibility on issues that involve or affect more than one Operating Administration. Sec. 1.25 Delegations to the Under Secretary of Transportation for Policy. The Under Secretary is delegated the following authorities: (a) Lead the development of transportation policy and serve as the principal adviser to the Secretary on all transportation policy matters. (b) Establish policy and ensure uniform departmental implementation of the National Environmental Policy Act of 1969, Pub. L. 91-190, as amended (42 U.S.C. 4321-4347) within the Department of Transportation. (c) Oversee the implementation of 49 U.S.C. 303 (Policy on lands, wildlife and waterfowl refuges, and historic sites). [[Page 19823]] (d) Represent the Secretary of Transportation on various interagency boards, committees, and commissions to include the Architectural and Transportation Barriers Compliance Board and the Advisory Council on Historic Preservation and the Trade Policy Review Group and the Trade Policy Staff Committee. (e) Serve as the Department's designated principal conservation officer pursuant to section 656 of the Department of Energy Organization Act, Pub. L. 94-91 [42 U.S.C. 7266], and carry out the functions vested in the Secretary by section 656 of the Act, which pertains to planning and implementing energy conservation matters with the Department of Energy. (f) Carry out the functions of the Secretary pertaining to aircraft with respect to Transportation Order T-1 (44 CFR chapter IV) under the Defense Production Act of 1950, as amended, Pub. L. 81-774, 64 Stat. 798 [50 U.S.C. App. 2061 et seq.] and Executive Order 10480, as amended (see also Executive Order 10773 and 12919). (g) Serve as Department of Transportation member of the Interagency Group on International Aviation, and pursuant to Executive Order 11382, as amended, serve as Chair of the Group. (h) Serve as second alternate representing the Secretary of Transportation to the Trade Policy Committee as mandated by Reorganization Plan No. 3 of 1979 (5 U.S.C. App. at 1381), as amended, and Executive Order 12188, as amended. (i) As supplemented by 14 CFR part 385, and except as provided in Sec. Sec. 1.99(j) (RITA), and 1.27 (General Counsel) of this part, carry out the functions transferred to the Department from the Civil Aeronautics Board and other related functions and authority vested in the Secretary under the following: (1) Sections 40103(a)(2) (relating to the consultation with the Architectural and Transportation Barriers Compliance Board before prescribing regulations or procedures that will have a significant impact on accessibility of commercial airports for handicapped individuals), and (c) (relating to foreign aircrafts); 40105 (relating to international negotiations, agreements, and obligations); 40109(a), (c), (g), 46301(b) (smoke alarm penalty), (d), (f), (g) (relating to the authority to exempt certain air carriers) and (h); 40113(a) and (c); 40114(a) (relating to reports and records); 40115 (relating to the withholding of information from public disclosure) of Chapter 401 of 49 U.S.C.; and 40116 (relating to the Anti-Head Tax Act); (2) The following chapters of title 49, U.S.C., except as related to departmental regulation of airline consumer protection and civil rights which is delegated to the General Counsel at Sec. 1.27: (i) Chapter 411 of title 49, U.S.C., relating to air carrier certification; (ii) Chapter 413 of title 49, U.S.C., relating to foreign air transportation; (iii) Chapter 415 of title 49, U.S.C., relating to pricing; (iv) Chapter 417 of title 49, U.S.C., relating to the operations of air carriers, except sections 41721-41723; (v) Chapter 419 of title 49, U.S.C. and 39 U.S.C. 5402, relating to the transportation of mail; and (vi) Section 42303 of 49 U.S.C., relating to the management of the Web site regarding the use of insecticides in passenger aircraft. (3) Section 42111 of title 49, U.S.C. with respect to mutual aid agreements as it relates to foreign air transportation; (4) Chapters 461 and 463 of title 49, U.S.C., relating to aviation investigations, proceedings, and penalties under Part A of Subtitle VII of title 49, U.S.C. except for those sections delegated to the General Counsel under Sec. 1.27, and to the Federal Aviation Administrator under Sec. 1.83; (5) Chapter 473 of title 49, U.S.C., relating to international airport facilities. (6) Section 11 of the Clayton Act, Pub. L. 63-212 [15 U.S.C. 21], relating to air carriers and foreign air carriers. (7) Section 3 of An Act to Encourage Travel in the United States, and for other purposes, Pub. L. 76-755, 54 Stat. 773 [16 U.S.C. 18b]. (8) Sections 108(a)(4), 621(b)(5), 704(a)(5), and 814(b)(5) of the Consumer Credit Protection Act, Pub. L. 90-321 [15 U.S.C. 1607(a)(4), 1681s(b)(5), 1691c(a)(5), and 1692l(b)(5)]. (j) Carry out the functions vested in the Secretary by 49 U.S.C. 44907(b)(1), (c), and (e) related to the security of foreign airports in coordination with the General Counsel, the Federal Aviation Administrator, and the Assistant Secretary for Administration. (k) Carry out section 101(a)(2) of the Air Transportation Safety and System Stabilization Act, Pub. L. 107-42 [49 U.S.C. 40101 note], as delegated to the Secretary of Transportation by the President pursuant to the Presidential Memorandum dated September 25, 2001, 3 CFR, 2001 Comp., p. 911. (l) Exercise the authority vested in the Secretary by section 11143 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Pub. L. 109-59, 119 Stat. 1144 (SAFETEA-LU), to manage the day-to-day activities associated with implementation of section 11143 regarding private activity bonds and tax-exempt financing of highway projects and rail-truck facilities. (m) In coordination with the General Counsel, carry out the duties of the Secretary under Executive Orders 12866 and 13563 to establish the values of time and statistical life in connection with assessing the costs and benefits of Departmental regulatory action. (n) Carry out the functions vested in the Secretary by 49 U.S.C. 47129, relating to resolution of disputes over the reasonableness of fees imposed upon air carriers. (o) Carry out the functions and exercise the authority vested in the Secretary by 23 U.S.C. 167(f) (National Freight Strategic Plan). Sec. 1.25a Redelegations by the Under Secretary of Transportation for Policy. (a) The Assistant Secretary for Transportation Policy is redelegated authority to: (1)(i) Redelegate and authorize successive redelegation of authority granted in this paragraph (a) to officials within the Office of the Assistant Secretary for Transportation Policy, except as limited by law or specific administrative reservation. (ii) Publish, in appendix A of this part, redelegations made under paragraph (a)(1)(i) of this section. (2) Establish policy and maintain oversight of implementation of the National Environmental Policy Act of 1969, Pub. L. 91-190, as amended (42 U.S.C. 4321-4347) within the Department of Transportation. (3) Oversee the implementation of 49 U.S.C. 303 (Policy on lands, wildlife and waterfowl refuges, and historic sites). (4) Represent the Secretary of Transportation on various interagency boards, committees, and commissions to include the Architectural and Transportation Barriers Compliance Board and the Advisory Council on Historic Preservation and the Trade Policy Review Group and the Trade Policy Staff Committee. (5) Serve as the Department's designated principal conservation officer pursuant to section 656 of the Department of Energy Organization Act, Pub. L. 94-91 [ 42 U.S.C. 7266], and carry out the functions vested in the Secretary by section 656 of the Act, which pertains to planning and implementing energy conservation matters with the Department of Energy. (6) Carry out the functions of section 42303 of 49 U.S.C., relating to the management of the Web site regarding [[Page 19824]] the use of insecticides in passenger aircraft. (7) In coordination with the General Counsel, carry out the duties of the Secretary under Executive Orders 12866 and 13563 to establish the value of statistical life in connection with assessing the costs and benefits of Departmental regulatory action. (8) Carry out the duties of the Secretary under Executive Orders 12866 and 13563 to establish the value of time in connection with assessing the costs and benefits of Departmental regulatory action. (b) The Assistant Secretary for Aviation and International Affairs is redelegated authority to: (1)(i) Redelegate and authorize successive redelegation of authority granted in this paragraph (b) to officials within the Office of the Assistant Secretary for Aviation and International Affairs, except as limited by law or specific administrative reservation. (ii) Publish, in appendix A of this part, redelegations made under paragraph (b)(1)(i) of this section. (2) Carry out the functions of the Secretary pertaining to aircraft with respect to Transportation Order T-1 (44 CFR chapter IV) under the Defense Production Act of 1950, as amended, Pub. L. 81-774, 64 Stat. 798 [50 U.S.C. App. 2061 et seq.] and Executive Order 10480, as amended (see also Executive Order 10773 and 12919). (3) Serve as Department of Transportation member of the Interagency Group on International Aviation, and pursuant to Executive Order 11382, serve as Chair of the Group. (4) Serve as second alternate representing the Secretary of Transportation to the Trade Policy Committee as mandated by Reorganization Plan No. 3 of 1979 (5 U.S.C. App. at 1381), as amended, and Executive Order 12188. (5) Represent the Department of Transportation at the Trade Policy Committee Review Group and the Trade Policy Staff Committee, which were established at 15 CFR part 2002 as subordinate bodies of the Trade Policy Committee. (6) As supplemented by 14 CFR part 385, and except as provided in Sec. Sec. 1.99 (RITA), and 1.27 (General Counsel), carry out the functions transferred to the Department from the Civil Aeronautics Board and other related functions and authority vested in the Secretary under the following provisions of Title 49, U.S.C.: (i) Sections 40103(a)(2) (relating to the consultation with the Architectural and Transportation Barriers Compliance Board before prescribing regulations or procedures that will have a significant impact on accessibility of commercial airports for handicapped individuals), and (c) (relating to foreign aircrafts); 40105 (relating to international negotiations, agreements, and obligations); 40109(a), (c), (g), 46301(b) (smoke alarm penalty), (d), (f), (g) (relating to the authority to exempt certain air carriers) and (h); 40113(a) and (c); 40114(a) (relating to reports and records); 40115 (relating to the withholding of information from public disclosure; and 40116 (relating to the Anti-Head Tax Act); (ii) The following chapters of title 49, U.S.C., except as related to departmental regulation of airline consumer protection and civil rights which is delegated to the General Counsel at Sec. 1.27: (A) Chapter 411, relating to air carrier certification; (B) Chapter 413, relating to foreign air transportation; (C) Chapter 415, relating to pricing; (D) Chapter 417, relating to the operations of air carriers, except section 41721-41723; (E) Chapter 419, and 39 U.S.C. 5402, relating to the transportation of mail; (iii) Section 42111 of title 49, U.S.C. with respect to mutual aid agreements as it relates to foreign air transportation; (iv) Chapters 461 and 463 of title 49, U.S.C., relating to aviation investigations, proceedings, and penalties under Part A of 49 U.S.C. Subtitle VII except for those sections delegated to the General Counsel under Sec. 1.27, and to the Federal Aviation Administrator under Sec. 1.83; (v) Chapter 473 of title 49, U.S.C., relating to international airport facilities. (vi) Section 11 of the Clayton Act, Pub. L. 63-212 [15 U.S.C. 21], relating to air carriers and foreign air carriers. (vii) Section 3 of An Act to Encourage Travel in the United States, and for other purposes, Pub. L. 76-755, 54 Stat. 773 [16 U.S.C. 18b]. (viii) Sections 108(a)(4), 621(b)(5), 704(a)(5), and 814(b)(5) of the Consumer Credit Protection Act, Pub. L. 90-321 [15 U.S.C. 1607(a)(4), 1681s(b)(5), 1691c(a)(5), and 1692l(b)(5)]. (7) Carry out the functions vested in the Secretary by 49 U.S.C. 44907(b)(1), (c), and (e) related to the security of foreign airports in coordination with the General Counsel, the Federal Aviation Administrator, and the Assistant Secretary for Administration. (8) Carry out section 101(a)(2) of the Air Transportation Safety and System Stabilization Act, Pub. L. 107-42 [49 U.S.C. 40101 note], as delegated to the Secretary of Transportation by the President pursuant to the Presidential Memorandum dated September 25, 2001, 3 CFR, 2001 Comp., p. 911. (9) Carry out the functions vested in the Secretary by 49 U.S.C. 47129, relating to resolution of disputes over the reasonableness of fees imposed upon air carriers. Sec. 1.26 General Counsel. The General Counsel is the chief legal officer of the Department, legal advisor to the Secretary, and final authority within the Department on questions of law. The Office of the General Counsel provides legal advice to the Secretary and secretarial offices, and supervision, coordination, and review of the legal work of the Chief Counsel Offices in the Department. The General Counsel participates with each Operating Administrator in the performance reviews of Chief Counsel. The General Counsel is responsible for retention of outside counsel, and for the approval of the hiring and promotion of departmental attorneys (other than in the Federal Aviation Administration). The General Counsel is also responsible for departmental regulation under statutes including the Air Carrier Access Act, statutes prohibiting unfair and deceptive practices in air transportation, the Americans with Disabilities Act, the Disadvantaged Business Enterprise program, and the Uniform Time Act. The General Counsel coordinates all international legal matters, and departmental participation in proceedings before other federal and state agencies. The General Counsel provides oversight of departmental litigation, regulation, legislation, Freedom of Information Act compliance, and administrative enforcement. Sec. 1.27 Delegations to the General Counsel. The General Counsel is delegated authority to: (a) Conduct all rulemaking proceedings under the Americans with Disabilities Act, the Disadvantaged Business Enterprise program, and the Uniform Time Act, as amended (15 U.S.C. 260 et seq.). (b) Determine the practicability of applying the standard time of any standard time zone to the movements of any common carrier engaged in interstate or foreign commerce and issue operating exceptions in any case in which the General Counsel determines that it is impractical to apply the standard time (49 CFR 71.1). (c) Issue regulations making editorial changes or corrections to the regulations of the Office of the Secretary. [[Page 19825]] (d) Grant permission, under specific circumstances, to deviate from a policy or procedure prescribed by the regulations of the Office of the Secretary (49 CFR part 9) with respect to the testimony of OST employees as witnesses in legal proceedings, the serving of legal process and pleadings in legal proceedings involving the Secretary or his Office, and the production of records of that Office pursuant to subpoena. (e) Respond to petitions for rulemaking or petitions for exemptions in accordance with 49 CFR 5.13(c) (Processing of petitions), and notify petitioners of decisions in accordance with 49 CFR 5.13(d). (f) Provide counsel to employees on questions of conflict of interest covered by departmental regulations on employee responsibility and conduct. (g) Coordinate the issuance of proposed Executive Orders and proclamations for transmittal to the Office of Management and Budget for action by the White House. (h) Except with respect to proceedings relating to safety fitness of an applicant (49 U.S.C. 307), decide on requests to intervene or appear before courts (with the consent of the Department of Justice) or agencies to present the views of the Department, subject to the concurrence of the Secretary. (i) Exercise the authority delegated to the Department by the Assistant Attorney General, Land and Natural Resources Division, in his order of October 2, 1970, to approve the sufficiency of the title to land being acquired by purchase or condemnation by the United States for the use of the Department. (See also Appendix 1 relating to delegations to Operating Administration Chief Counsel). (j) Exercise the Secretary's authority under 28 U.S.C. 2672 and 28 CFR part 14, related to the administrative disposition of federal tort claims, for claims involving the Office of the Secretary. (k) Compromise, suspend collection action on, or terminate claims of the United States that are referred to, or arise out of the activities of the Office of the Secretary of Transportation. (l) Conduct coordination with foreign governments under section 118 of the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1428). (m) Exercise review authority under 49 U.S.C. 41307 (related actions about foreign air transportation) delegated to the Secretary by the President in Executive Order 12597. (n) Assist and protect consumers in their dealings with the air transportation industry and conduct all departmental regulation of airline consumer protection and civil rights pursuant to chapters 401 (General Provisions), 411 (Air Carrier Certificates), 413 (Foreign Air Transportation), 417 (Operations of Carriers), and 423 (Passenger Air Service Improvements) of title 49 U.S.C. (o) Carry out the functions vested in the Secretary by 49 U.S.C. 40119(b) (Security and research and development activities), as implemented by 49 CFR part 15 (Protection of Sensitive Security Information), in consultation and coordination with the Office of Intelligence, Security and Emergency Response. (p) Appear on behalf of the Department on the record in hearing cases, and initiate and carry out enforcement actions on behalf of the Department, under the authority transferred to the Department from the Civil Aeronautics Board as described in Sec. Sec. 1.25 and 1.25a (delegations to and redelegations by the Under Secretary), and 1.99 (RITA). This includes the authority to compromise penalties under 49 U.S.C. 46301 (civil penalties); to issue appropriate orders, including cease and desist orders, under 49 U.S.C. 46101 (complaints and investigations); and to require the production of information, under 49 U.S.C. 41708, enter carrier property and inspect records, under 49 U.S.C. 41709, and inquire into the management of the business of a carrier under 49 U.S.C. 41711 (Air carrier management inquiry and cooperation with other authorities), as appropriate to the enforcement responsibilities. In the event that such an enforcement matter comes before the Secretary of Transportation for adjudication, the Deputy General Counsel shall advise the Secretary. (q) Initiate and carry out enforcement actions relating to: (1) Foreign airport security on behalf of the Department under 49 U.S.C. 44907; and (2) The Consumer Credit Protection Act under section 4(a)(5) of the Civil Aeronautics Board Sunset Act of 1984 (Pub. L. 98-443) [15 U.S.C. 1607(a)(4), 1681s(b)(5), 1691c(a)(5) and 1692l(b)(5)]. (r) Administer 5 U.S.C. 552 (FOIA) and 49 CFR part 7 (Public Availability of Information) in connection with the records of the Office of the Secretary and issue procedures to ensure uniform departmental implementation of statutes and regulations regarding public access to records. (s) Prepare reports by carriers on incidents involving animals during air transport pursuant to 49 U.S.C. 41721. (t) Exercise authority vested in the Secretary by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 890), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134, 110 Stat. 1321), to promulgate rules that adjust civil penalties with respect to aviation enforcement. (u) In coordination with the Under Secretary, to carry out the duties of the Secretary under Executive Orders 12866 and 13563 to establish the value of statistical life in connection with assessing the costs and benefits of Departmental regulatory action. (v) Approve the initiation of regulatory action, as defined in Executive Order 12866, by Secretarial offices and Operating Administrations in the event that the Deputy Secretary is absent or otherwise unavailable to exercise such authority (see Sec. 1.23(h)). (w) Approve requests to reclassify rulemakings as non-significant under DOT procedures. Sec. 1.27a Delegations to the Career Deputy General Counsel. The career Deputy General Counsel is delegated authority to: (a) Serve as the Department's Designated Agency Ethics Official in accordance with 5 CFR 2638.202; (b) Serve as the Department's Dispute Resolution Specialist pursuant to section 3(b) of the Alternative Dispute Resolution Act of 1996, Pub. L. 104-320, 5 U.S.C. App.; and (c) Serve as the Department's Chief FOIA Officer under 5 U.S.C. 552(j). Sec. 1.27b Delegations to the Assistant General Counsel for General Law. The Assistant General Counsel for General Law is delegated authority to serve as the Department's Alternate Agency Ethics Official in accordance with 5 CFR 2638.202. Sec. 1.30 Assistant Secretaries. (a) In performing their functions, the Assistant Secretaries are responsible for continuing liaison and coordination among themselves and with the Operating Administrations to: (1) Avoid unnecessary duplication of effort by or in conflict with the performance of similar activities by the Operating Administrations and the other Assistant Secretaries pursuant to their Secretarial delegations of authority or other legal authorities; and (2) Assure that the views of the Operating Administrations are considered in developing departmental policies, plans, and proposals. The Assistant Secretaries are also available to assist, as appropriate, the Operating Administrations in implementing departmental policy and programs. As primary staff advisors to the Secretary, [[Page 19826]] the Assistant Secretaries are concerned with transportation matters of the broadest scope, including modal, intermodal, and other matters of Secretarial interest. (b) There are exceptions to the normal staff role described in paragraph (a) of this section. In selected instances, the Secretary has specifically delegated to Assistant Secretaries authority which they may exercise on the Secretary's behalf. Sec. 1.31 Assistant Secretary for Transportation Policy. The Assistant Secretary for Transportation Policy provides policy advice to the Secretary, the Deputy Secretary, and the Under Secretary. The Office of the Assistant Secretary for Transportation Policy is responsible for: Public policy development, coordination, and evaluation for all aspects of transportation, except in the areas of aviation and international affairs, with the goal of making the Nation's transportation resources function as an integrated national system; evaluation of private transportation sector operating and economic issues; evaluation of public transportation sector operating and economic issues; regulatory and legislative initiatives and review; energy, environmental, disability, and safety policy and program development and review; and transportation infrastructure assessment and review. For delegations to the Assistant Secretary for Transportation Policy, see Sec. 1.25a(a). Sec. 1.32 Assistant Secretary for Aviation and International Affairs. The Office of the Assistant Secretary for Aviation and International Affairs is responsible for policy development, coordination, and evaluation of issues involving aviation, as well as international issues involving all areas of transportation; private sector evaluation; international transportation and transport-related trade policy and issues; regulatory and legislative initiatives and review of maritime/shipbuilding policies and programs; transport- related trade promotion; coordination of land transport relations with Canada and Mexico; economic regulation of the airline industry while placing maximum reliance on market forces and on actual and potential competition; the essential air service program and other rural air service programs; and, in coordination with the FAA, promotion of the aerospace industry. For delegations to the Assistant Secretary for Aviation and International Affairs, see Sec. 1.25a(b). Sec. 1.33 Chief Financial Officer and Assistant Secretary for Budget and Programs. (a) The Chief Financial Officer (CFO) is the principal budget and financial advisor to the Secretary and serves as Assistant Secretary for Budget and Programs. The CFO and Assistant Secretary for Budget and Programs provides oversight and policy guidance for all budget, financial management, program performance, and internal control activities of the Department and its Operating Administrations. (b) The CFO and Assistant Secretary for Budget and Programs concurs in the appointment and promotion of Chief Financial Officers, Budget Officers, and Directors of Finance of the Department and its Operating Administrations, and participates with each Administrator in the performance reviews of Chief Financial Officers, Budget Officers, and Directors of Finance in each of the Operating Administrations. (c) The CFO and Assistant Secretary for Budget and Programs, in consultation with the Chief Information Officer, may designate any information technology system as a financial management system under the CFO's policy and oversight area of responsibility. (d) The CFO and Assistant Secretary for Budget and Programs serves as the Vice Chair of the Department's Credit Council. The Office of the Assistant Secretary supports the Department's Credit Council by analyzing applications for the Department's various credit programs. The CFO also oversees the TIFIA program and the TIFIA Joint Program Office on behalf of the Secretary, including the evaluation of individual projects, and provides overall policy direction and program decisions for the TIFIA program. (e) The CFO and Assistant Secretary for Budget and Programs is responsible for preparation, review, and presentation of Department budget estimates; liaison with the Office of Management and Budget and Congressional Budget and Appropriations Committees; preparation of the Department's annual financial statements; departmental financial plans, apportionments, reapportionments, reprogrammings, and allotments; program and systems evaluation and analysis; program evaluation criteria; program resource plans; analysis and review of legislative proposals and one-time reports and studies required by Congress; and budget and financial management relating to the Office of the Secretary. Sec. 1.34 Delegations to the Chief Financial Officer and Assistant Secretary for Budget and Programs. The Chief Financial Officer and Assistant Secretary for Budget and Programs is delegated authority to: (a) Serve as the Department's Chief Financial Officer pursuant to 31 U.S.C. 901 (Establishment of Agency Chief Financial Officers). (b) Exercise day-to-day operating management responsibility over the Office of Budget and Program Performance, the Office of the OST Chief Financial Officer, the Office of Financial Management, and the Office of Credit Oversight and Risk Management. (c) Direct and manage the Departmental planning, evaluation, budget, financial management, and internal control activities. (d) Exercise oversight and provide exclusive policy guidance to the Enterprise Services Center (ESC) regarding all financial management activities conducted by ESC and financial systems operated by ESC. This authority includes concurrence with any organizational changes within the Federal Aviation Administration that may affect financial management operations of the ESC. (e) Request apportionment or reapportionment of funds by the Office of Management and Budget, provided that no request for apportionment or reapportionment which anticipates the need for a supplemental appropriation shall be submitted to the Office of Management and Budget without appropriate certification by the Secretary. (f) Issue allotments or allocations of funds to components of the Department. (g) Authorize and approve official travel and transportation for staff members of the Immediate Office of the Secretary including authority to sign and approve related travel orders and travel vouchers, but not including requests for overseas travel. (h) Issue monetary authorizations for use of reception and representation funds. (i) Except as otherwise delegated, establish or operate or both, any special funds that are required by statute or administrative determination. (j) Exercise the Secretary's authority under 31 U.S.C. 3711 to collect, compromise, suspend collection action on, or terminate claims of the United States which are referred to, or arise out of the activities of, the Office of the Secretary (excluding claims pertaining to the Working Capital Fund), subject to the limits on that authority imposed by 31 U.S.C. 3711 and the Federal Claims [[Page 19827]] Collection Standards, 31 CFR chapter IX. (k) Exercise the Secretary's authority under the Improper Payments Elimination and Recovery Act of 2010 (Pub. L. 111-204) (33 U.S.C. 3301 note). (l) Exercise the Secretary's authority under the Improper Payments Information Act of 2002 (Pub. L. 107-300) (31 U.S.C. 3321 note). (m) Exercise the Secretary's authority under the Recovery Auditing Act (Section 831, Defense Authorization Act for FY 2002 (Pub. L. 107- 107)). (n) Exercise the Secretary's authority under the Federal Financial Management Improvement Act of 1996 (31 U.S.C. 3512 note). (o) Exercise the Secretary's authority under Federal Managers' Financial Integrity Act of 1982 (FMFIA) (31 U.S.C. 3512 note). (p) Exercise the Secretary's authority under the Accounting and Auditing Act of 1950 (31 U.S.C. 3512), as amended by FMFIA. (q) Exercise the Secretary's authority under the Government Performance and Results Act (GPRA) (Pub. L. 103-623). (r) Exercise the Secretary's authority under the Accountability of Tax Dollars Act of 2002, 31 U.S.C. 3515. (s) Exercise the Secretary's authority under the Government Management Reform Act of 1994 (GMRA) (Pub. L. 103-356). (t) Exercise the Secretary's authority under 5 U.S.C. 5584 and the OMB memorandum, ``Determination with Respect to Transfer of Functions Pursuant to Public Law 104-316'' (December 17, 1996) to waive claims of the United States arising out of an erroneous payment to an employee of pay or allowances, or travel, transportation, or relocation expenses and allowances, and deny requests for waiver of such claims. (u) Serve as the Department's Performance Improvement Officer under 31 U.S.C. 1124. Sec. 1.35 Assistant Secretary for Governmental Affairs. The Assistant Secretary for Governmental Affairs serves as the Department's primary point of contact for Congressional offices, as well as State and locally elected officials; works with other departmental offices to ensure that Congressional mandates are fully implemented by the Department; and works with the White House, other Federal agencies, and Congress to fulfill the Department's legislative priorities. The Assistant Secretary coordinates congressional and intergovernmental activities with governmental affairs offices in the Operating Administrations. The Assistant Secretary participates with each Administrator in the performance reviews of the Operating Administrations' Directors of Governmental Affairs. The Assistant Secretary supervises the Deputy Assistant Secretary for Tribal Government Affairs who plans and coordinates the Department's policies and programs with respect to Indian tribes and tribal organizations. Sec. 1.36 Delegations to the Assistant Secretary for Governmental Affairs. The Assistant Secretary for Governmental Affairs is delegated authority to: (a) Establish procedures for responding to Congressional correspondence; and (b) Supervise the Deputy Assistant Secretary for Tribal Government Affairs. Sec. 1.37 Assistant Secretary for Administration. The Assistant Secretary for Administration is the principal advisor to the Secretary and Deputy Secretary on Department-wide administrative matters. The Assistant Secretary for Administration serves as the Designated Agency Safety and Health Official. The Office of the Assistant Secretary for Administration's responsibilities include: Strategic management of human capital; monitoring the progress of departmental offices related to sustainability goals; controls and standards to ensure that procurement and financial assistance programs are in accord with good business practice; follow-up and resolution of Government Accountability Office and Inspector General audit reviews; information resource management; property management information; facilities; and security. The Assistant Secretary for Administration is responsible for recommending performance objectives for the Operating Administrations' Directors of Human Resources. Sec. 1.38 Delegations to the Assistant Secretary for Administration. The Assistant Secretary for Administration is delegated authority for the following: (a) Acquisition. (1) Exercise procurement authority with respect to requirements of the Office of the Secretary or an Operating Administration, if requested under an agreement with that Operating Administration. (2) Make the required determinations with respect to mistakes in bids relative to sales of personal property conducted by the Office of the Secretary without power of redelegation. (3) Except as delegated to the National Highway Traffic Safety Administrator by Sec. 1.95, carry out the functions vested in the Secretary by section 3 of Executive Order 11912 (``Delegation of Authorities Relating to Energy Policy and Conservation''), as amended. (4) Carry out the functions delegated to the Secretary from time to time by the Administrator of General Services to lease real property for Department use. (5) Carry out the duties and responsibilities of agency head for departmental procurement within the meaning of the Federal Acquisition Regulation. This authority as agency head for departmental procurement excludes duties, responsibilities, and powers expressly reserved for the Secretary of Transportation. (6) Serve as Deputy Chief Acquisition Officer. (7) Provide departmental guidance on grants, cooperative agreements, and other financial assistance transactions, but not including loans, loan guarantees, interest subsidies, or insurance. (8) Issue departmental procurement regulations, subject to coordination with the General Counsel and interested Operating Administrations. In commenting upon proposed provisions for the procurement regulations, the Operating Administrations will indicate the nature and purpose of any additional implementing or supplementing policy guidance which they propose to issue at the Operating Administration level. (b) Personnel. (1) Conduct a personnel management program for the Office of the Secretary of Transportation, with authority to take, direct others to take, recommend or approve any personnel action with respect to such authority. (2) Serve as Vice Chair of the Departmental Executive Resources Board. (3) Exercise emergency authority to hire without the prior approval of the Deputy Secretary normally required by departmental procedures implementing general employment limitations when in the judgment of the Assistant Secretary immediate action is necessary to effect the hire and avoid the loss of a well-qualified job applicant, and for similar reasons. (4) Review proposals of the Office of the Secretary for each new appointment or transfer to verify the essentiality of the position. (5) Approve employment of experts and consultants in accordance with 5 U.S.C. 3109. (6) Provide policy and overall direction in the execution of the DOT Labor-Management Relations Program. [[Page 19828]] (7) Develop and operate the Federal Employee Workplace Drug and Alcohol Testing Program in accordance with Executive Order 12564 and The Omnibus Transportation Employee Testing Act of 1991, Public Law 102-143, Title V. (8) Serve as the Chief Human Capital Officer: (i) Oversee, direct, and execute all authorities included in the Chief Human Capital Officers Act of 2002 (5 U.S.C. 1401 et seq.); and (ii) Advise the Secretary on the Department's human capital needs and obligations, and implement all related rules and regulations of the President and the Office of Personnel Management, and all laws governing human resource management. (9) Serve as the Telework Managing Officer under 5 U.S.C. 6505. (c) Sustainability. (1) Responsible for ensuring that the Department meets its sustainability goals pursuant to the Energy Independence and Security Act (EISA) of 2007 (Pub. L. 110-140); the Energy Policy Act of 2005 (Pub. L. 109-58); and Executive Order 13693 (``Planning for Federal Sustainability in the Next Decade''). (2) Serve as the Chief Sustainability Officer under Executive Order 13693. (d) Finance. (1) Settle and pay claims by employees of the Office of the Secretary for personal property losses as provided by 31 U.S.C. 3721. (2) Oversee the Working Capital Fund for the Office of the Secretary, established by 49 U.S.C. 327. (3) Exercise the Secretary's authority under 31 U.S.C. 3711 to collect, compromise, suspend collection action on, or terminate claims of the United States which are referred to, or arise out of the activities of the Working Capital Fund, subject to the limits on that authority imposed by 31 U.S.C. 3711 and the Federal Claims Collection Standards, 31 CFR chapter IX. (e) Security. (1) Serves as the agency representative appointed by the Secretary of Transportation to participate on the Interagency Security Committee in accordance with Executive Order 12977, to establish policies for the security in and protection of Federal facilities. (2) Represents the department on the White House Communications Agency Principal Communications Working Group and the Department of State Overseas Security Policy Board. (3) Conducts an internal security management program for the Department of Transportation with authority to take, direct others to take, recommend, or approve security actions with respect to such authorities related to personnel security, physical security, technical security, and classified and sensitive information management. (4) Issues identification media as directed by Homeland Security Presidential Directive 12, ``Policy for Common Identification Standard for Federal Employees and Contractors'' and other identification media (including credentials, passports and visas) by direction of the Secretary. (5) Manages the Department's classified information program as directed by Executive Order 13526 (``Classified National Security Information''). (6) Takes certain classified actions on behalf of the Department in connection with technical counter-surveillance programs as required by Executive Order 13526 (``Classified National Security Information''). (7) In conjunction with the Office of Security, Intelligence and Emergency Response, and the Office of the General Counsel, carries out the functions vested in the Secretary by 49 U.S.C. 40119(b), as implemented by 49 CFR part 15, related to the protection of information designated as Sensitive Security Information. (8) Ensure Department-wide compliance with Executive Orders 12968 as amended, 13467, 13488, 13526, 13556, and related regulations and issuances. (f) Printing. Request approval of the Joint Committee on Printing, Congress of the United States, for any procurement or other action requiring Committee approval. (g) Hearings. Provide logistical and administrative support to the Department's Office of Hearings. (h) Federal real property management. Carry out the functions assigned to the Secretary with respect to Executive Order 13327, as amended. (i) The Uniform Act. Carry out the functions vested in the Secretary to implement the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Act), 42 U.S.C. Chapter 61, with respect to programs administered by the Office of the Secretary. The Assistant Secretary may prescribe additional Uniform Act guidance that is appropriate to those particular programs, provided that such additional guidance must be consistent with the Uniform Act and 49 CFR part 24. The lead agency for Uniform Act matters is the Federal Highway Administration (see Sec. 1.85 and 49 CFR part 24). (j) Designated Agency Safety and Health Official. Serve as the Designated Agency Safety and Health Official under 29 CFR 1960.6(a) to represent the interest of, and support, the Department's occupational safety and health program. (k) Senior Real Property Officer. Serve as the Senior Real Property Officer for the Department pursuant to Executive Order 13327 (``Federal Real Property Asset Management'') (as amended), and chair the Departmental Real Property Planning Council. (l) Transportation fringe benefits. (1) Oversee the Department's transportation fringe benefit program under 5 U.S.C. 7905 and 26 U.S.C. 132(f). (2) Consult with and provide guidance to other Federal agencies on transportation fringe benefit programs under 5 U.S.C. 7905 and 26 U.S.C. 132(f). (3) Establish and maintain uniform Federal Government standards for developing and supporting Federal agencies' transportation fringe benefit programs under 5 U.S.C. 7905 and 26 U.S.C. 132(f). Sec. 1.38a Redelegations by the Assistant Secretary for Administration. (a) The Director, Office of the Senior Procurement Executive is redelegated the authority to: (1) Carry out the duties and responsibilities of agency head for departmental procurement within the meaning of the Federal Acquisition Regulation except for those duties expressly reserved for the Secretary of Transportation. (2) Carry out the functions of the Chief Acquisition Officer (CAO) except for those functions specifically reserved for the Deputy Secretary. In carrying out these functions and in support of requirements under Services Acquisition Reform Act (SARA), enacted as part of the National Defense Authorization Act for 2004--Public Law 108-136, the Senior Procurement Executive (SPE) is expected to interact directly, and without intervening authority, with the CAO on issues related to strategic acquisition policy, implementation, and management. The nature and frequency of interactions with the CAO will be determined mutually between the SPE and the CAO. (3) Procure and authorize payment for property and services for the Office of the Secretary, with power to re-delegate and authorize successive re-delegations. (b) The Director of Human Resources Management is redelegated the authority to: (1) Develop departmental human capital policies and objectives, and monitor and oversee the implementation of those policies. [[Page 19829]] (2) Establish departmental human capital performance objectives and metrics. (3) Conduct a personnel management program for the Office of the Secretary with authority to take, direct others to take, recommend or approve any personnel action with respect to such authority. (4) Concur in the appointment and promotion of all Human Resources (HR) Directors in each Operating Administration and participate in the performance reviews of HR Directors. (5) Provide policy and overall direction in the execution of the DOT Labor-Management Relations Program. (6) Develop and operate the Federal Employee Workplace Drug and Alcohol Testing Program in accordance with Executive Order 12564 and The Omnibus Transportation Employee Testing Act of 1991, Public Law 102-143, Title V. (7) Develop, coordinate, and issue wage schedules for Department employees under the Federal Wage System. (c) The Director of Financial Management within the Office of the Assistant Secretary for Administration is redelegated the authority to: (1) Settle and pay claims by Working Capital Fund employees for personal property losses as provided by 31 U.S.C. 3721 if the amount of the payment does not exceed $500. (d) The Director, Transit Benefit Program is redelegated the authority to: (1) Oversee the Department's transportation fringe benefit program under 5 U.S.C. 7905 and 26 U.S.C. 132(f). (2) Consult with and provide guidance to other Federal agencies on transportation fringe benefit programs under 5 U.S.C. 7905 and 26 U.S.C. 132(f). (3) Establish and maintain uniform Federal Government standards for developing and supporting Federal agencies' transportation fringe benefit programs under 5 U.S.C. 7905 and 26 U.S.C. 132(f). Sec. 1.39 Executive Secretariat. The Executive Secretariat provides organized staff services to the Secretary and Deputy Secretary to assist them in carrying out their management functions and their responsibilities for formulating, coordinating and communicating major policy decisions. The Office controls and coordinates internal and external material directed to the Secretary and Deputy Secretary and ensures that their decisions and instructions are implemented. Sec. 1.40 Departmental Office of Civil Rights. The Departmental Office of Civil Rights serves as the Department's Equal Employment Opportunity (EEO) Officer and Title VI Coordinator. The Director also serves as principal advisor to the Secretary and the Deputy Secretary on the civil rights and nondiscrimination statutes, regulations, and Executive Orders applicable to the Department, including titles VI and VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Age Discrimination Act of 1975, as amended, section 504 of the Rehabilitation Act of 1973, as amended, the Americans with Disabilities Act of 1990, the Equal Pay Act of 1963, the ADA Amendments Act of 2008, and the Genetic Information Nondiscrimination Act of 2008. The Departmental Office of Civil Rights provides guidance to the Operating Administrations and Secretarial officers on these matters. The Office periodically reviews and evaluates the civil rights programs of the Operating Administrations to ensure that recipients of financial assistance meet applicable Federal civil rights requirements. Sec. 1.41 Delegations to the Director of the Departmental Office of Civil Rights. The Director of the Departmental Office of Civil Rights is delegated authority to conduct all stages of the formal employment discrimination complaints process (including acceptance/dismissal, investigation, and final adjudication); to provide guidance to the Operating Administrations and Secretarial officers concerning the implementation and enforcement of all civil rights laws, regulations and Executive Orders for which the Department is responsible; to otherwise perform activities to ensure compliance with external civil rights programs; and to review and evaluate the Operating Administrations' enforcement of these authorities. These authorities include: (a) Title VI and VII of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. and 2000e et seq. (b) Sections 501 and 504 of the Rehabilitation Act of 1973, 29 U.S.C. 791 and 794-794a. (c) Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq. (d) Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq. (e) Americans with Disabilities Act of 1990, 42 U.S.C. 12101- 121213. (f) ADA Amendments Act of 2008 (Pub. L. 110-325) [42 U.S.C. 12101 Note]. (g) Genetic Information Nondiscrimination Act of 2008, 42 U.S.C. 2000ff et seq. (h) Equal Pay Act of 1963, 29 U.S.C. 206(d). (i) Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act (Pub. L. 102-321) (j) Chapter XIV of subtitle B, of title 29 of the CFR (Equal Employment Opportunity Commission Regulations). (k) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284) [42 U.S.C. 3601 et seq.]. (l) 40 U.S.C. 476 (prohibition on sex discrimination). (m) Title IX of the Education Amendments of 1972, 20 U.S.C. 1681. (n) In coordination with the Assistant Secretary for Transportation Policy, Executive Order 12898 (``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations'') (See also Executive Order 12948). (o) 49 U.S.C. 306 (prohibition on discrimination in programs receiving financial assistance), 5310 (transportation for elderly persons and persons with disabilities), 5332 (nondiscrimination in mass transportation), 41705 (discrimination by air carriers against handicapped persons), 47113 (minority and disadvantaged business participation), and 47123 (nondiscrimination in airport improvement programs). (p) 23 U.S.C. 324 and 402(b)(1)(D) (nondiscrimination in highway programs). (q) The Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102-240, 105 Stat. 1919, section 1003. Sec. 1.42 Office of Small and Disadvantaged Business Utilization. The Director of the Office of Small and Disadvantaged Business Utilization ensures that the Department's small and disadvantaged business policies and programs are developed in a fair, efficient, and effective manner. The Office is responsible for the Department's implementation and execution of the functions and duties under the Small Business Act, and providing opportunities, technical assistance, and financial services to the small and disadvantaged business community. Sec. 1.43 Delegations to the Director of the Office of Small and Disadvantaged Business Utilization. The Director of Small and Disadvantaged Business Utilization is delegated authority to: (a) Exercise departmental responsibility for the implementation [[Page 19830]] and execution of functions and duties under sections 2[8] and 2[15] of the Small Business Act (Pub. L. 85-836) [15 U.S.C. 637 and 644]. (b) Carry out the functions vested in the Secretary by 49 U.S.C. 332 (Minority Resource Center). Sec. 1.44 Office of Intelligence, Security and Emergency Response. The Director of the Office of Intelligence, Security and Emergency Response is responsible for the development, coordination, and execution of plans and procedures for the Department to balance transportation security requirements with the safety, mobility and economic needs of the Nation through effective intelligence, security, preparedness and emergency response programs. The Director is the Department's principal Emergency Coordinator for the implementation of these programs. Sec. 1.45 Delegations to the Director of the Office of Intelligence, Security and Emergency Response. The Director of Intelligence, Security, and Emergency Response is delegated authority to: (a) Carry out the functions related to emergency preparedness and response vested in the Secretary by the following authorities: 49 U.S.C. 101 and 301; Executive Order 12148, as amended (``Federal Emergency Management''); Executive Order 12656 (``Assignment of Emergency Preparedness Responsibilities'') (as amended; see Executive Order 13286); Executive Order 12742 (``National Security Industrial Responsiveness''); Executive Order 13434 (``National Security Professional Development''); Reorganization Plan No. 3 of 1978 (5 U.S.C. app at 235 (2012); and such other statutes, executive orders, and other directives as may pertain to emergency preparedness and response. (b) Serve as the Department's Continuity Coordinator in accordance with National Security Presidential Directive 51/Homeland Security Presidential Directive 20, National Continuity Policy, and Federal Continuity Directives (FCD) 1 Federal Executive Branch National Continuity Program and Requirements and FCD 2 Federal Executive Branch Mission Essential Function and Primary Mission Essential Function Identification and Submission Process. Provide leadership for departmental programs pertaining to intelligence related to the transportation sector, transportation security policy, and civil transportation emergency preparedness and response activities. (c) Lead departmental collaboration efforts with the Department of Homeland Security and other Departments and Agencies related to transportation security and transportation infrastructure protection as required by Homeland Security Presidential Directive 7, Critical Infrastructure Identification, Prioritization, and Protection. (d) Together with the Assistant Secretary for Administration, carry out oversight and management of the duties pertaining to national security professional development assigned to the Secretary under Executive Order 13434 (``National Security Professional Development''). (e) Together with the Office of the Assistant Secretary for Aviation and International Affairs, coordinate the Department's responsibilities under National Security Presidential Directive 44, Management of Interagency Efforts Concerning Reconstruction and Stabilization, and Presidential Decision Directive 56, Managing Complex Contingency Operations, pertaining to interagency reconstruction and stabilization assistance. (f) Lead departmental efforts pertaining to transportation-related international civil emergency preparedness activities, including coordinating DOT representation on North Atlantic Treaty Organization committees, as directed under Executive Order 12656 (as amended; see Executive Order 13286). (g) Carry out the functions vested in the Secretary by 49 U.S.C. 40119(b), as implemented by 49 CFR part 15, in consultation and coordination with the General Counsel. (h) Oversee the Department's protective service program. (i) Serve as the Secretary's representative to the Transportation Security Oversight Board, in accordance with 49 U.S.C. 115, when so designated. (j) Lead Departmental participation in internal and interagency planning efforts related to preparedness in accordance with Presidential Policy Directive 8, National Preparedness, in coordination with the Under Secretary. (k) Serve as the Secretary's senior advisor on matters pertaining to public health, biological, and medical matters. (l) Develop departmental plans to support the Department of Defense Civil Reserve Air Fleet (CRAF) program and allocate civil air carrier aircraft to CRAF based on Department of Defense requirements. (m) Oversee operation of the Department's Crisis Management Center. (n) Lead departmental efforts for all interaction with the Program Manager, Information Sharing Environment to include appointing the Associate Director for Intelligence as the DOT Information Sharing Program Manager to coordinate day-to-day Information Sharing Environment matters. (o) Carry out departmental responsibilities under Executive Order 13587 (``Structural Reforms to Improve the Security of Classified Networks and the Responsible Sharing and Safeguarding of Classified Information'') including overseeing classified information sharing and safeguarding efforts for DOT. Oversee the day-to-day activities for monitoring the Top Secret and Secret classified network used by DOT and function as the Senior Official principally responsible for establishing and implementing the DOT Insider Threat Program. (p) Serve as the department's program manager responsible for oversight of all intelligence programs, to include the DOT Counterintelligence effort as it pertains to the DOT classified networks, and coordinate intelligence matters throughout the department. Nothing in this provision is intended to prohibit or limit a component's ability to conduct intelligence activities authorized by law. (q) Carry out the functions under the Defense Production Act of 1950, Public Law 81-774, 64 Stat. 798, as amended (50 U.S.C. app. 2061 et seq.), that were vested in the Secretary by Executive Order 13603 (``National Defense Resources Preparedness''). Sec. 1.46 Office of Public Affairs. The Director of Public Affairs is the principal advisor to the Secretary and Secretarial Officers on public affairs issues. The Office of Public Affairs prepares news releases and supporting media materials, and maintains a new media presence. The Office also provides information to the Secretary on opinions and reactions of the public and news media on programs and transportation issues. The Office of Public Affairs is responsible for the supervision, coordination, and review of the activities of the public affairs offices within the Operating Administrations. Sec. 1.47 Delegations to the Assistant to the Secretary and Director of Public Affairs. The Assistant to the Secretary and Director of Public Affairs is delegated authority to: (a) Monitor the overall public information program and review and approve departmental informational materials having policy-making ramifications before they are printed and disseminated. (b) Carry out the functions to promote carpooling and vanpooling transferred to the Department of Transportation by [[Page 19831]] section 310 of the Department of Energy Organization Act of 1977 (Pub. L. 95-91) [42 U.S.C. 7159]. Sec. 1.48 Office of the Chief Information Officer. The Chief Information Officer (CIO) is the principal information technology (IT), cyber security, privacy, and records management advisor to the Secretary. The Office of the CIO supports the Organizational Excellence Strategic Goal by providing leadership on all matters associated with the Department's $3.5 billion IT portfolio. Sec. 1.49 Delegations to the Chief Information Officer. The Chief Information Officer is delegated authority to: (a) Carry out all functions and responsibilities assigned to the Secretary with respect to the Paperwork Reduction Act of 1995 (44 U.S.C. 3506); (b) Carry out all functions and responsibilities assigned to the Secretary with respect to the Clinger-Cohen Act of 1996 (40 U.S.C. 11312 to 11314, and 11317); (c) Carry out all functions and responsibilities assigned to the Secretary with respect to the E-Government Act of 2002, Public Law 107- 347; (d) Carry out all functions and responsibilities necessary to ensure compliance with the Federal Information Security Management Act of 2002 (44 U.S.C. 3534 and 3544); (e) Serve as the Chief Privacy Officer, 42 U.S.C. 2000ee-2, and administer the Privacy Act of 1974, 5 U.S.C. 552a, and 49 CFR part 10 (Maintenance of and Access to Records Pertaining to Individuals) in connection with the records of the Office of the Secretary; (f) Carry out all functions and responsibilities necessary to issue notices of Department of Transportation systems of records as required by the Privacy Act; (g) Carry out all functions and responsibilities assigned to the Secretary with respect to the Federal Records Act (44 U.S.C. 3101-3102) and necessary to ensure compliance with the regulations of the National Archives and Records Administration (36 CFR parts 1220 through 1299; 44 U.S.C. Chapters 21, 29, 31, and 33), in coordination with the General Counsel; and (h) Serve as the Senior Agency Official for Geospatial Information under Office of Management and Budget Memorandum M-06-07, ``Designation of a Senior Agency Official for Geospatial Information'' (March 3, 2006). Sec. 1.50 Office of Drug & Alcohol Policy & Compliance. The Office of Drug & Alcohol Policy & Compliance advises the Secretary on national and international drug testing and control issues and is the principal advisor to the Secretary on rules related to the drug and alcohol testing of safety-sensitive transportation employees in aviation, trucking, railroads, mass transit, pipelines, and other transportation industries. The Office, in coordination with the Office of the General Counsel, publishes and provides interpretations of rules related to 49 CFR part 40 on the conduct of drug and alcohol tests, including how to conduct tests, and which procedures to use when testing. The Office coordinates with Federal Agencies and assists foreign governments in developing drug and alcohol testing programs and implementing the President's National Drug Control Strategy. Sec. 1.60 General Authorizations and Delegations to Secretarial Officers. (a) Acting in his or her own name and title, the Under Secretary, the General Counsel, and each Assistant Secretary, within his or her sphere of responsibility, is authorized to identify and define the requirements for, and to recommend to the Secretary, new or revised departmental policies, plans, and proposals. Each of these officers is authorized to issue departmental standards, criteria, systems and procedures that are consistent with applicable laws, Executive Orders, Government-wide regulations and policies established by the Secretary, and to inspect, review, and evaluate departmental program performance and effectiveness and advise the Secretary regarding the adequacy thereof. (b) Except for nondelegable statutory duties including those that transfer as a result of succession to act as Secretary of Transportation, each Deputy Assistant Secretary and Deputy General Counsel is authorized to act for and perform the duties of his or her principal in the absence or disability of the principal and as otherwise directed by the principal. (c) The Deputy Secretary, the Under Secretary, the General Counsel, and the Assistant Secretaries for Administration, Budget and Programs, and Governmental Affairs are delegated authority to: (1) Redelegate and authorize successive redelegations of authority granted by the Secretary within their respective organizations, except as limited by law or specific administrative reservation, including authority to publish those redelegations in appendix A of this part. (2) Authorize and approve official travel (except foreign travel) and transportation for themselves, their subordinates, and others performing services for, or in cooperation with, the Office of the Secretary. (3) Establish ad hoc committees for specific tasks within their assigned staff area. (4) Establish, modify, extend, or terminate standing committees within their specific areas of responsibility when directed or authorized to do so by the Secretary. (5) Designate members of interagency committees when such committees are specifically concerned with responsibilities of direct interest to their office. (6) Exercise the following authorities with respect to positions in the Senior Executive Service and Senior Level within their respective areas of responsibility: (i) Determine how executive level positions will be filled; i.e., by reassignment, promotion, or appointment. (ii) Establish selection criteria to be used in identifying eligible candidates. (iii) Confer with the Administrators on selection criteria and candidates for an executive level position that is a counterpart of an activity or position in the Office of the Secretary. (iv) Recommend final selection for executive level positions, subject to review by the Executive Committee of the Departmental Executive Resources Board and approval by the Secretary and the Office of Personnel Management. (7) Enter into inter- and intra-departmental reimbursable agreements other than with the head of another department or agency (31 U.S.C. 686). This authority may be redelegated only to office directors or other comparable levels and to contracting officers. (8) Administer and perform the functions described in their respective functional statements. (9) Exercise the authority of the Secretary to make certifications, findings and determinations under the Regulatory Flexibility Act (Pub. L. 96-354) with regard to any rulemaking document for which issuance authority is delegated by other sections in this part. This authority may be redelegated to those officials to whom document issuance authority has been redelegated. (10) Exercise the authority of the Secretary to resolve informal allegations of discrimination arising in or relating to their respective organizations through Equal Employment Opportunity [[Page 19832]] counseling or the Alternative Dispute Resolution process and to develop and implement affirmative action and diversity plans within their respective organizations. (11) Exercise the authority vested in the Secretary by 49 U.S.C. 326(a) and 31 U.S.C. 1353 to accept, subject to the concurrence of the Designated Agency Ethics Official, the following: Gifts of property (other than real property) not exceeding $1,000 in value, gifts of services (in carrying out aviation duties and powers) not exceeding $1,000 in value, and reimbursement of travel expenses from non-federal sources not exceeding $3,000 in value. Acceptance of gifts or travel reimbursement that exceed these limits in value or are otherwise significant may only take place with the additional concurrence of the General Counsel. This delegation extends only to the acceptance of gifts or travel expenses and does not authorize the solicitation of gifts, which is reserved to the Secretary at Sec. 1.21. Subpart C--Office of Inspector General Sec. 1.70 Overview. This subpart describes the key responsibilities of the Office of Inspector General, the structure of the office, and the authority of the Inspector General. Sec. 1.71 Key responsibilities. The Inspector General conducts, supervises, and coordinates audits and investigations; reviews existing and proposed legislation and makes recommendations to the Secretary and Congress concerning their effect on the economy and efficiency of program administration, or the prevention and detection of fraud and abuse; recommends policies for and conducts, supervises, or coordinates other activities of the Department for the purpose of promoting economy and efficiency in program administration, or preventing and detecting fraud and abuse; and keeps the Secretary and the Congress fully and currently informed. Sec. 1.72 Structure. This Office is composed of: (a) The Office of the Deputy Inspector General; (b) The Office of the Principal Assistant Inspector General for Investigations; (c) The Office of the Principal Assistant Inspector General for Auditing and Evaluation; (d) The Office of the Assistant Inspector General for Administration; and (e) The Office of the Assistant Inspector General for Legal, Legislative and External Affairs. Sec. 1.73 Authority of Inspector General. The Inspector General shall report to and be under the general supervision of the Secretary and Deputy Secretary. The Inspector General has such authority as is provided by the Inspector General Act of 1978, as amended, and as is otherwise provided by law. Authorities provided to the Inspector General by law are reserved to the Inspector General. In accordance with the statutory intent of the Inspector General Act to create an independent and objective unit, the Inspector General is authorized to make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the judgment of the Inspector General, necessary and desirable. Neither the Secretary nor the Deputy Secretary shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation. Sec. 1.74 Delegations to Inspector General. The Inspector General is delegated authority to: (a) Redelegate and authorize successive redelegations of authority granted by the Secretary within the Office of Inspector General, except as limited by law or specific administrative reservation. (b) Authorize and approve official travel, including foreign travel and transportation for themselves, their subordinates, and others performing services for, or in cooperation with, the Office of Inspector General. (c) Exercise the authority of the Secretary to resolve informal allegations of discrimination arising in or relating to the Office of Inspector General through Equal Employment Opportunity counseling or the Alternative Dispute Resolution process and to develop and implement affirmative action and diversity plans. (d) Exercise the authority vested in the Secretary by 49 U.S.C. 326(a) to accept gifts of property (other than real property) or services (in carrying out aviation duties and powers), and the authority to accept travel reimbursements from non-federal sources under 31 U.S.C. 1353. (e) Exercise the implied authority to solicit gifts associated with 49 U.S.C. 326(a), notwithstanding the reservation of authority to the Secretary in Sec. 1.21. (f) Carry out the emergency preparedness functions assigned to the Secretary by Executive Order 12656 (as amended; see Executive Order 13286) and by the Federal Emergency Management Agency and General Services Administration (FEMA and GSA) as they pertain to the Office of Inspector General, including those relating to continuity of operations, emergency resource management, and training. (g) Determine the existence and amount of indebtedness and the method of collecting repayments from employees and members within the Office of Inspector General and collect repayments accordingly, as provided by 5 U.S.C. 5514. (h) Waive claims of the United States arising out of an erroneous payment to an employee of the Office of Inspector General of pay or allowances, or travel, transportation, or relocation expenses and allowances, and deny requests for waiver of such claims, as authorized by 5 U.S.C. 5584 and the OMB memorandum, ``Determination with Respect to Transfer of Functions Pursuant to Public Law 104-316'' (December 17, 1996). But for claims arising from erroneous payments to current employees, this delegation of authority is limited to claims greater than $500. For claims arising from erroneous payments to former employees, this delegation of authority is not limited by claim amount. Redelegation of this authority may be made only to the principal officials responsible for financial management or such officials' principal assistants. (i) Settle and pay claims by employees of the Office of Inspector General for personal property losses as provided by 31 U.S.C. 3721 (Claims of personnel of agencies and the District of Columbia government for personal property damage or loss). (j) Review and approve for payment any voucher for $25 or less the authority for payment of which is questioned by a certifying or disbursing officer. (k) [Reserved] (l) Exercise the Secretary's authority under 31 U.S.C. 3711 to collect, compromise, suspend collection action on, or terminate claims of the United States which are referred to, or arise out of the activities of, the Office of Inspector General, subject to the limits on that authority imposed by 31 U.S.C. 3711 and the Federal Claims Collection Standards, 31 CFR chapter IX. (m) Exercise the Secretary's authority under 28 U.S.C. 2672 and 28 CFR part 14, related to the administrative disposition of federal tort claims, for claims involving the Office of Inspector General. The Inspector General may request the approval of the Attorney [[Page 19833]] General to adjust, compromise, and settle any such claim if the amount of the adjustment, compromise, or award exceeds $100,000, but only after the General Counsel concurs with the request. If the Inspector General believes that a pending claim presents a novel question of law or of policy, he or she shall coordinate with the General Counsel to obtain the advice of the Assistant Attorney General in charge of the Civil Division. If the Inspector General settles a claim for an amount greater than $50,000, the Inspector General shall prepare a memorandum fully explaining the basis for the action taken and coordinate with the General Counsel before sending a copy of the memorandum to the Director, Federal Torts Claims Act Staff, Torts Branch of the Civil Division, U.S. Department of Justice. (n) Make written requests under subsection (b)(7) of the Privacy Act of 1974, 5 U.S.C. 552a(b)(7), for records maintained by other agencies that are necessary to carry out an authorized law enforcement activity. (o) Administer the Freedom of Information Act, 5 U.S.C. 552, and 49 CFR part 7 (Public Availability of Information) in connection with the records of the Office of the Inspector General. (p) Administer the Privacy Act of 1974, 5 U.S.C. 552a, and 49 CFR part 10 (Maintenance of and Access to Records Pertaining to Individuals) in connection with the records of the Office of the Inspector General. (q) Exercise the authority of the Secretary over and with respect to any personnel within the Office of Inspector General, except as prescribed by the Secretary or limited by law. (r) Approve payment of recruitment, relocation, and retention incentives under 5 U.S.C. 5753 and 5754. (s) Administer 49 CFR part 9 (Testimony of Employees of the Department and Production of Records in Legal Proceedings) in connection with the records of the Office of Inspector General and testimony of current and former employees of the Office of Inspector General. Subpart D--Operating Administrations Sec. 1.80 Overview. This subpart sets forth the key responsibilities of the Operating Administrations, and the delegations of authority from the Secretary of Transportation to the Administrators. Sec. 1.81 Delegations to all Administrators. (a) Except as prescribed by the Secretary of Transportation, each Administrator is authorized to: (1) Exercise the authority of the Secretary over and with respect to any personnel within their respective organizations. (2) [Reserved] (3) Exercise the authority vested in the Secretary to prescribe regulations under 49 U.S.C. 322(a) with respect to statutory provisions for which authority is delegated by other sections in this part. (4) Carry out the functions of the Secretary concerning environmental enhancement by 49 U.S.C. 303 (Duties of the Secretary of Transportation: Policy on lands, wildlife and waterfowl refuges, and historic sites) and 23 U.S.C. 138 as they relate to matters within the primary responsibility of each Operating Administration. (5) Carry out the functions of the Secretary under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)), and related environmental laws as they relate to matters within the primary responsibility of each Operating Administration. (6) Carry out the functions of the Secretary under section 106 of the Historic Preservation Act of 1966, 16 U.S.C. 470f, as they relate to matters within the primary responsibility of each Operating Administration. (7) Administer FOIA and 49 CFR part 7 (Public Availability of Information) in connection with the records of the Operating Administration. (8) Administer the Privacy Act of 1974, 5 U.S.C. 552a, and 49 CFR part 10 (Maintenance of and Access to Records Pertaining to Individuals) in connection with the records of the Operating Administration. (9) Make written requests under subsection (b)(7) of the Privacy Act for records maintained by other agencies that are necessary to carry out an authorized law enforcement activity. (10) Carry out the emergency preparedness functions assigned to the Secretary by Executive Order 12656, (as amended; see Executive Order 13286) and by the Federal Emergency Management Agency and General Services Administration (FEMA and GSA) as they pertain to his or her administration, including those relating to continuity of operations, emergency resource management, associated Federal claimant procedures, facilities protection and warfare effects monitoring and reporting, research, stockpiling, financial aid, and training. (11) Enter into inter- and intradepartmental reimbursable agreements other than with the head of another department or agency. This authority may be redelegated only to Office Directors, Regional Directors, District Commanders or other comparable levels and Contracting Officers. (12) Determine the existence and amount of indebtedness and the method of collecting repayments from employees within their respective administrations and collect repayments accordingly, as provided by 5 U.S.C. 5514. Redelegation of this authority may be made only to the principal officials responsible for financial management or such officials' principal assistants. (13) Waive claims of the United States arising out of an erroneous payment to an employee of the Operating Administration of pay or allowances, or travel, transportation, or relocation expenses and allowances, and deny requests for waiver of such claims, as authorized by 5 U.S.C. 5584 and the OMB memorandum, ``Determination with Respect to Transfer of Functions Pursuant to Public Law 104-316'' (December 17, 1996). But for claims arising from erroneous payments to current employees, this delegation of authority is limited to claims greater than $500. For claims arising from erroneous payments to former employees, this delegation of authority is not limited by claim amount. Redelegation of this authority may be made only to the principal officials responsible for financial management or such officials' principal assistants. (14) Settle and pay claims by employees of the Operating Administration for personal property losses as provided by 31 U.S.C. 3721 (Claims of personnel of agencies and the District of Columbia government for personal property damage or loss). This authority may be redelegated only to Office Directors, Regional Directors, or other comparable levels and to those individuals that report to the above officials. (15) Exercise the authority of the Secretary to resolve informal allegations of discrimination arising in or relating to their respective organizations through Equal Employment Opportunity counseling or the Alternative Dispute Resolution process and to develop and implement affirmative action and diversity plans within their respective organizations. With regard to external civil rights programs, each Administrator exercises authority pursuant to statutes, regulations, Executive Orders, or delegations in this subpart to carry out these programs, under the guidance of the Director of the Departmental Office of Civil Rights, including conducting compliance reviews and other activities relating to [[Page 19834]] the enforcement of these statutes, regulations, and Executive Orders. (16) Review and approve for payment any voucher for $25 or less the authority for payment of which is questioned by a certifying or disbursing officer. (17) Authorize and approve official non-foreign travel and transportation for themselves, their subordinates, and others performing services for, or in cooperation with, their Operating Administrations. (18) Exercise the authority of the Secretary to make certifications, findings and determinations under the Regulatory Flexibility Act (5 U.S.C. 601, et seq.) with regard to any rulemaking document for which issuance authority is delegated by other sections in this part. This authority may be redelegated to those officials to whom document issuance authority has been delegated. (19) Carry out the functions vested in the Secretary by 15 U.S.C. 3710(a), which authorizes agencies to permit their laboratories to enter into cooperative research and development agreements. (20) [Reserved] (21) Exercise the Secretary's authority under 31 U.S.C. 3711 to collect, compromise, suspend collection action on, or terminate claims of the United States which are referred to, or arise out of the activities of, the Operating Administration, subject to the limits on that authority imposed by 31 U.S.C. 3711 and the Federal Claims Collection Standards, 31 CFR chapter IX. (22) Exercise the Secretary's authority under 28 U.S.C. 2672 and 28 CFR part 14, related to the administrative disposition of federal tort claims, for claims involving the Operating Administration. The Administrator may request the approval of the Attorney General to adjust, compromise, and settle any such claim if the amount of the adjustment, compromise, or award exceeds $100,000, but only after the General Counsel concurs with the request. If the Administrator believes that a pending claim presents a novel question of law or of policy, he or she shall coordinate with the General Counsel to obtain the advice of the Assistant Attorney General in charge of the Civil Division. If the Administrator settles a claim for an amount greater than $50,000, the Administrator shall prepare a memorandum fully explaining the basis for the action taken and coordinate with the General Counsel before sending a copy of the memorandum to the Director, Federal Torts Claims Act Staff, Torts Branch of the Civil Division, U.S. Department of Justice. (23) Enter into memoranda of agreement with the Occupational Safety and Health Administration (OSHA) in regard to setting and enforcing occupational safety or health standards and whistleblower protection for employees in DOT-regulated industries. The General Counsel shall concur in each memorandum of understanding with OSHA prior to its execution by the Administrator of the Operating Administration concerned. (24) Enter into memoranda of agreement with the Mine Safety Health Administration (MSHA) in regard to setting and enforcing safety standards for employees in DOT-regulated industries while on mine property. The General Counsel shall concur in each memorandum of agreement with MSHA prior to its execution by the Administrator of the Operating Administration concerned. (25) Exercise the authority vested in the Secretary by Section 329A of the Department of Transportation and Related Agencies Appropriations Act, 1995, Public Law 103-331, 329A, 108 Stat. 2471, 2493 (September 30, 1994), to enter into grants, cooperative agreements, and other transactions with any person, agency, or instrumentality of the United States, any unit of state or local government, any educational institution, and any other entity in execution of the Technology Reinvestment Project authorized under the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992, Public Law 102- 484, 106 Stat. 2658 (October 23, 1992), and related legislation. (26) Carry out the functions vested in the Secretary by 49 U.S.C. 40119(b), as implemented by 49 CFR part 15, in coordination with the Office of the General Counsel and the Office of Intelligence, Security and Emergency Response, relating to the determination that information is Sensitive Security Information within their respective organizations. (27) Exercise the authority vested in the Secretary by 49 U.S.C. 326(a) and 31 U.S.C. 1353 to accept, subject to the concurrence of the Operating Administration's Deputy Ethics Official, the following: Gifts of property (other than real property) not exceeding $1,000 in value, gifts of services (in carrying out aviation duties and powers) not exceeding $1,000 in value, and reimbursement of travel expenses from non-federal sources not exceeding $3,000. Acceptance of gifts or travel reimbursement that exceed these limits in value or are otherwise significant may only take place with the additional concurrence of the General Counsel. This delegation extends only to the acceptance of gifts or travel expenses and does not authorize the solicitation of gifts, which is reserved to the Secretary at Sec. 1.21. (28) Exercise the authority vested in the Secretary by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 890), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134, 110 Stat. 1321), to promulgate rules that adjust civil penalties. (29) Carry out the functions vested in the Secretary to implement the Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Uniform Act), 42 U.S.C. Chapter 61, with respect to programs administered by their respective Operating Administrations. Each Operating Administration may prescribe additional Uniform Act guidance that is appropriate to those particular programs, provided that such additional guidance must be consistent with the Uniform Act and 49 CFR part 24. The lead agency for Uniform Act matters is the Federal Highway Administration (see Sec. 1.85 and 49 CFR part 24). Sec. 1.81a Redelegation by all Administrators. Except as otherwise specifically provided in this part, each Administrator may redelegate and authorize successive redelegations of authority within the organization under that official's jurisdiction. Sec. 1.82 The Federal Aviation Administration. Is responsible for: (a) Promulgating and enforcing regulations on all safety matters relating to the operation of airports, the manufacture, operation, and maintenance of aircraft, and the efficiency of the National Airspace System; (b) Planning and supporting the development of an integrated national system of airports, with due consideration of safety, capacity, efficiency, environmental compatibility and sustainability; (c) Administering federal financial assistance programs for airports including airport grants-in-aid; (d) Preserving and enhancing the safety and efficiency of the Nation's air transportation system by implementing NextGen and other technologies, as appropriate; (e) Registering aircraft and recording rights in aircraft; (f) Developing, modifying, testing, and evaluating systems, procedures, facilities, and devices needed for the safe and efficient navigation and traffic control of aircraft; [[Page 19835]] (h) Locating, constructing or installing, maintaining and operating Federal aids to air navigation, wherever necessary; (i) Developing air traffic regulations, and administering air navigation services for control of civil and military air operations within U.S. airspace, as well as administering such air navigation services as the FAA has accepted responsibility for providing in international airspace and the airspace of foreign countries; (j) Promoting aviation safety and efficiency through technical aviation assistance to foreign aviation authorities; (k) Developing strategies to improve runway safety at all commercial service airports; (l) Administering the Continuous Lower Energy, Emissions and Noise program, improving connections to surface transportation, and other efforts to increase the environmental sustainability of the Nation's air transportation systems; (m) Conducting an effective airport technology research program to improve airport safety, efficiency, and sustainability; (n) Exercising the final authority for carrying out all functions, powers, and duties of the Administration in accordance with 49 U.S.C. 106(f) and adjudication in accordance with 49 U.S.C. 40110(d) and that such authorities supersede any conflicting provisions elsewhere in this part. (o) Promoting and encouraging U.S. leadership in commercial space activities, and promulgating and enforcing regulations on safety matters relating to commercial space transportation. Sec. 1.83 Delegations to the Federal Aviation Administrator. The Federal Aviation Administrator is delegated authority to: (a) Carry out the following functions vested in the Secretary by 49 U.S.C. Subtitle VII (Aviation Programs): (1) Sections 40103(a)(2), relating to the consultation with the Architectural and Transportation Barriers Compliance Board before prescribing regulations or procedures that will have a significant impact on accessibility of commercial airports or commercial air transportation for individuals with disabilities; 40109(c), but only as it relates to the regulation of 49 U.S.C. 46301(b) (smoke alarm device penalties), and 40109(e), relating to maximum flying hours 40113(a) as it relates to the functions vested in the Secretary and delegated in this section; 40114, relating to reports and records requirements; 40115, relating to withholding information from public disclosure; 40116, relating to the prohibition on State taxation as the prohibition may affect an airport sponsor's grant assurances; 40117, relating to passenger facility charges; 40119(b), relating to the issuance of regulations on disclosure of information obtained or developed in ensuring security; and 40127(b) of chapter 401, relating to prohibition on discrimination by private airports; (2) Section 41723 of subchapter I of chapter 417, relating to notice concerning aircraft assembly; (3) Section 44102(b) of chapter 441, relating to defining the term ``based and primarily used in the United States''; (4) Chapter 443, relating to insurance; (5) Chapter 445, relating to facilities, personnel, and research, except section 44502(a)(3) as it relates to authorizing a department, agency, or instrumentality of the United States Government to carry out any duty or power under subsection 44502(a) with the consent of the head of the department, agency, or instrumentality; (6) Chapter 447, relating to safety regulation; (7) Chapter 451, relating to alcohol and controlled substances testing; (8) Subpart IV of Part A of 49 U.S.C. Subtitle VII (chapters 461- 465) relating to the Secretary's authority to enforce and impose penalties under sections of Subtitle VII that have been delegated to the Federal Aviation Administrator in this section; (9) Part B of 49 U.S.C. Subtitle VII (chapters 471-475) relating to airport development and noise, except 49 U.S.C. 47129(a); (10) Part C of 49 U.S.C. Subtitle VII (chapters 481-483) relating to financing; and (11) Part E of 49 U.S.C. Subtitle VII (chapter 501) relating to Buy-American Preferences. (b) Carry out the functions vested in the Secretary by chapters 509 and 511 (commercial space) of title 51, U.S.C. and coordinate with the Assistant Secretary for Aviation and International Affairs regarding those functions related to the promotion of the aerospace industry. (c) Carry out the functions vested in the Secretary by part B of title II of the Clean Air Act, as amended (Pub. L. 91-604, sec. 11, 84 Stat. 1703), and by 40 CFR part 87 as it relates to exemptions from aircraft air pollution standards. (d)(1) Except as delegated to the Under Secretary of Transportation for Policy by Sec. 1.25, carry out the functions vested in the Secretary by 49 U.S.C. 5121(a), (b), (c), and (d), 5122, 5123, and 5124, relating to the transportation or shipment of hazardous materials by air. (2) Carry out the functions vested in the Secretary by 49 U.S.C. 5114, relating to the establishment of procedures for monitoring and enforcing regulations with respect to the transportation of radioactive materials on passenger-carrying aircraft. (3) Participate, with the Administrator of the Pipeline and Hazardous Materials Safety Administration, in the Dangerous Goods Panel at the International Civil Aviation Organization, under the authority vested in the Secretary by 49 U.S.C. 5120. (e) Serve, or designate a representative to serve, as Vice Chairman and alternate Department of Transportation member of the Interagency Group on International Aviation (IGIA) pursuant to the interagency agreement of December 9, 1960, and Executive Order 11382, and provide for the administrative operation of the IGIA Secretariat. (f) Carry out the functions assigned to the Secretary by Executive Order 12465 relating to commercial expendable launch vehicle activities. (g) Carry out the functions vested in the Secretary by the National Aeronautics and Space Administration Authorization Act, Fiscal Year 1993 (Pub. L. 102-588, 106 Stat 5119, November 4, 1992). Sec. 1.84 The Federal Highway Administration. Is responsible for: (a) Improving mobility on our Nation's highways through national leadership, innovation, and program delivery. (b) Developing safety strategies using a data-driven, systematic approach to address safety for motorists, bicyclists, and pedestrians from engineering, education, enforcement, and emergency medical services perspectives and coordinating with FMCSA and NHTSA as appropriate. (c) Planning, in cooperation with the States, the nation's highway system. (d) Improving, in cooperation with the States (via the provision of grants), infrastructure condition, safety, mobility and freight movement roads on the National Highway System, including the Interstate System and to other federal-aid roads and other surface transportation infrastructure. (e) Identifying and deploying innovation aimed at shortening project delivery, enhancing the safety of our roadways, and protecting the environment. (f) Surveying and constructing Federal lands transportation facilities, Federal [[Page 19836]] lands access transportation facilities, tribal transportation facilities, defense highways and access roads, and parkways and roads in national parks and other federally-administered areas. (g) Developing and administering uniform State standards for highway safety programs with respect to identification and surveillance of crash locations; highway design, construction, and maintenance, including context sensitive solutions, highway-related aspects of pedestrian safety, and traffic control devices. (h) Administering the Department's National Bridge Inspection Standards and the National Tunnel Inspection Standards to ensure the Nation has safe, well-maintained bridges and tunnels for use by the traveling public. (i) In coordination with NHTSA, RITA, and FMCSA, conducting vehicle-to-vehicle and vehicle-to-infrastructure research. (j) Managing TIFIA funds, 23 U.S.C. 601-609, in conjunction with the TIFIA Joint Program Office, including managing accounting and budgeting activities, and procuring any necessary financial or technical support services for the TIFIA program. (k) Maximizing the positive impacts on the U.S. economy by encouraging domestic manufacturing on highway projects through the enforcement of Buy America provisions. Sec. 1.85 Delegations to the Federal Highway Administrator. (a) The Federal Highway Administrator is delegated authority to administer the following provisions of title 23, U.S.C. (Highways): (1) Chapter 1, Federal-Aid Highways, except for: (i) Section 142 (as it relates to matters within the primary responsibility of the Federal Transit Administrator); (ii) The following sections as they relate to matters within the primary responsibility of the National Highway Traffic Safety Administration: 153, 154, 158, 161, 163, and 164; and (iii) Section 167(f) (National Freight Strategic Plan). (2) Chapter 2, Other Highways, except for section 205. (3) Chapter 3, General Provisions (as it relates to matters within the primary responsibility of the Federal Highway Administration), except for section 322. (4) Section 409 of chapter 4, Highway Safety. (5) Chapter 5, Research, Technology, and Education, except for section 508. (6) Chapter 6, Infrastructure Finance, subject to the limitations set forth in Sec. Sec. 1.33 (Assistant Secretary for Budget and Programs) and 1.21 (reservation to the Secretary of final approval of TIFIA credit assistance applications). (b) The Federal Highway Administrator is delegated authority to administer the following provisions of title 49, U.S.C. (Transportation): (1) Section 20134(a) with respect to the laws administered by the Federal Highway Administrator pertaining to highway safety and highway construction; and (2) Sections 31111 and 31112 (as it relates to matters within the primary responsibility of the Federal Highway Administration). (3) Section 31314 (as it relates to matters within the primary responsibility of the Federal Highway Administration). (c) The Federal Highway Administrator is delegated authority to administer the following laws relating generally to highways: (1) Section 502(c) of the General Bridge Act of 1946, as amended, Public Law 79-601, tit. V, 60 Stat. 847, [33 U.S.C. 525(c)]. (2) Reorganization Plan No. 7 of 1949 (63 Stat. 1070). (3) The Federal-Aid Highway Act of 1954, as amended (Pub. L. 83- 350, 68 Stat. 70). (4) The Federal-Aid Highway Act of 1956, as amended (Pub. L. 84- 627, tit. I, 70 Stat. 374). (5) The Highway Revenue Act of 1956, as amended (Pub. L. 84-627, tit. II, 70 Stat. 374, 387). (6) The Alaska Omnibus Act, as amended (Pub. L. 86-70, 73 Stat. 141). (7) The Act of September 26, 1961, as amended (Pub. L. 87-307, 75 Stat. 670). (8) The Act of April 27, 1962 (Pub. L. 87-441, 76 Stat. 59). (9) The Federal-Aid Highway Act of 1962, as amended (Pub. L. 87- 866, 76 Stat. 1145). (10) The Joint Resolution of August 28, 1965, as amended (Pub. L. 89-139, 79 Stat. 578). (11) The Federal-Aid Highway Act of 1966, as amended (Pub. L. 889- 574, 80 Stat. 766). (12) The Federal-Aid Highway Act of 1968, as amended (Pub. L. 90- 495, 82 Stat. 815). (13) The Federal-Aid Highway Act of 1970, as amended (except section 118) (Pub. L. 91-605, 84 Stat. 1713). (14) Sections 103, 104, 111(b), 128(b), 131, 135, 136, 141, 147, 149, 154, 158 through 161, 163, 203, 206, 401, and 402 of the Federal- Aid Highway Act of 1973, as amended (Pub. L. 93-87, 87 Stat. 250; Pub. L. 93-643, 88 Stat. 2281). (15) Sections 102(b) (except subparagraph (2)) and (c); 105 (b)(1) and (c); 141; 146; 147; and 152 of the Federal-Aid Highway Act of 1976 (Pub. L. 94-280, 90 Stat. 425). (16) The Highway Beautification Act of 1965, as amended (Pub. L. 89-285, 79 Stat. 1028, 23 U.S.C. 131 et seq., notes). (17) The Federal-Aid Highway Act of 1982 (Pub. L. 97-327, 96 Stat. 1611), except section 6 as it relates to matters within the primary responsibility of the Federal Transit Administrator. (18) The Surface Transportation Assistance Act of 1982, as amended, (Pub. L. 97-424, 96 Stat. 2097) except: (i) Sections 165 and 531 as they relate to matters within the primary responsibility of the Federal Transit Administrator; (ii) Sections 105(f), 413; 414(b)(2); 421, 426, and Title III; and (iii) Section 414(b)(1), unless with the concurrence of the National Highway Traffic Safety Administrator. (19) Sections 103(e), 105(a) through (g), 106(a), and (b), 110(b), 114(d), 117(f), 120(c) and (d), 123(g) and (i), 133(f), 134, 136, 137, 139 through 145, 146(b), 147(c), 149(a) through (f), (h), (i), (k), 151 through 157, 164, and 208 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Pub. L. 100-17, 101 Stat. 132). (20) Sections 105, 107(c) through (e), 123(a) and (b), 124(c), 126(d) through (g), 138(c), 142, 144, 147 through 154, 167, and 171, Title IV, as amended (as it relates to matters within the primary responsibility of the Federal Highway Administrator), and sections 502- 504 of Title V of the Surface Transportation Assistance Act of 1978 (Pub. L. 95-599, 92 Stat. 2689). (21) Sections 201 through 205, 327 through 336, 339, 340, 349, 352, 353, and 408 of the National Highway System Designation Act of 1995 (Pub. L. 104-59, 109 Stat. 568). (22) Sections 1002(e), 1006(h), 1009(c), 1012(b) and (d) through (f), 1015, 1016(g), 1017(c), 1021(c) and (d), 1022(c), 1023(f) through (g), 1032(d), 1038 through 1041, 1044, 1046(d), 1047, 1051, 1057 through 1060, 1072, 1073, 1105, and 6016 of the Intermodal Surface Transportation Efficiency Act of 1991 (Pub. L. 102-240, 105 Stat. 1914). (23) Sections 1108(f) and (g) and 1224 of the Transportation Equity Act for the 21st Century (Pub. L. 105-178, 112 Stat. 107). (24) Sections 1101(a), 1102, 1109(f), 1111(b)(4), 1112, 1115(c), 1116(a) and (b), 1117, 1119(n), 1120(c), 1201, 1301, 1302, 1303, 1304, 1305, 1306, 1308, 1310, 1404, 1408, 1409(a) and (b), 1410, 1411, 1502, 1604, 1803, 1907, 1908, 1910, 1911, 1916, 1917, 1918, 1923, 1928, 1934, 1935, 1937, 1939, 1940, 1941, 1943, 1944, 1945, 1948, 1949, 1950, 1952, 1957, 1959, 1962, 1964, 4404 (as it relates to matters within the primary responsibility of the Federal [[Page 19837]] Highway Administrator), 5101(b), 5202(b)(3)(B), (c), and (d), 5203(e) and (f), 5204(g) and (i), 5304, 5305, 5306, 5307, 5308, 5309, 5502, 5504, 5508, 5511, 5512, 5513(b), (f), (k), and (m) (as (m) relates to (b), (f), and (k)), 5514, 6009(b) (as they relate to matters within the primary responsibility of the Federal Highway Administrator), 6017, 6018, 10210, and 10212 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Pub. L. 109-59, 119 Stat. 1144). (25) Sections 1101(a), 1102, 1106(b), 1112(b), 1113(c), 1116, 1123, 1201(b), 1315 (as it relates to matters within the primary responsibility of the Federal Highway Administration), 1316 (as it relates to matters within the primary responsibility of the Federal Highway Administration), 1317 (as it relates to matters within the primary responsibility of the Federal Highway Administration), 1318(a) and (b) (as it relates to matters within the primary responsibility of the Federal Highway Administration), 1323 (a) and (b), 1401(b), (c) and (d), 1405, 1503(c), 1512(b), 1519(a), 1520, 1522, 1523, 1524, 1525, 1526, 1527 (as it relates to matters within the primary responsibility of the Federal Highway Administration), 1528, 1529, 1530 (as it relates to matters within the primary responsibility of the Federal Highway Administration), 1533, 1534, 1535, 32801, 32802, and 51001 of the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 405). (d) The Federal Highway Administrator is delegated authority to: (1) Carry out the functions vested in the Secretary of Transportation by section 601 of the Pipeline Safety Act of 1992 (Pub. L. 102-508, 106 Stat. 3289) relating to construction of the Page Avenue Extension Project in Missouri. (2) Carry out the functions of the Secretary under the Appalachian Regional Development Act of 1965, 40 U.S.C. Subtitle IV. (3) Carry out the Act of September 21, 1966, Public Law 89-599, relating to certain approvals concerned with a compact between the States of Missouri and Kansas. (4) Carry out the functions vested in the Secretary by section 5 (as it relates to bridges, other than railroad bridges, not over navigable waters), and section 8(a) (as it relates to all bridges other than railroad bridges) of the International Bridge Act of 1972 (Pub. L. 92-434, 86 Stat. 731) [33 U.S.C. 535c and 535e(a)]. (5) Carry out the Highway Safety Act of 1966, as amended (Pub. L. 89-564, 80 Stat. 731) for highway safety programs, research, and development relating to highway design, construction and maintenance, traffic control devices, identification and surveillance of crash locations, and highway-related aspects of pedestrian safety. (6) Exercise the authority vested in the Secretary by 49 U.S.C. 20134(a) with respect to the laws administered by the Federal Highway Administrator pertaining to highway safety and highway construction (7) Prescribe regulations, as necessary, at part 24 of this title, to implement the Uniform Act, 42 U.S.C. Chapter 61, and to act as the lead agency in carrying out all other functions vested in the Secretary by the Uniform Act, in coordination with the Under Secretary. (8) Exercise the authority vested in the Secretary by sections 101, 118, 120(b), 123 and 124 of the Federal-Aid Highway Amendments of 1974 (Pub. L. 93-643, January 4, 1975, 88 Stat. 2281). (9) Carry out the functions vested in the Secretary of Transportation by section 114 of Part C of the Paperwork Reduction Reauthorization Act of 1986 (contained in the Act Making Continuing Appropriations for Fiscal Year 1987 and for Other Purposes, Public Law 99-591, 100 Stat. 3341, 2241-349), relating to construction of Interstate Highway H-3 in Hawaii. (10) Carry out the functions vested in the Secretary by Public Law 98-229, 98 Stat. 55, insofar as it relates to apportioning certain funds for construction of the Interstate Highway System in Fiscal Year 1985, apportioning certain funds for Interstate substitute highway projects, and increasing amounts available for emergency highway relief. (11) Carry out all of the functions vested in the Secretary under section 324 of the Fiscal Year 1986 Department of Transportation Appropriations Act (Pub. L. 99-190, 99 Stat. 1288), notwithstanding the reservation of authority under Sec. 1.21. (12) Carry out the functions vested in the Secretary of Transportation by section 505 of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended, (Pub. L. 94-210, 90 Stat. 31) relating to the Alameda Corridor Project in consultation with the Federal Railroad Administrator. (13) Act as the lead DOT agency in matters relating to the National Environmental Policy Act of 1969, Public Law 91-190, 83 Stat. 852 [42 U.S.C. 4321 et seq.] pertinent to the authority vested in the Secretary to establish, operate, and manage the Nationwide Differential Global Positioning System (NDGPS) by section 346 of the Department of Transportation and Related Agencies Appropriations Act, 1998 (Pub. L. 105-66, 111 Stat. 1425). (14) Exercise the responsibilities of the Secretary under 49 U.S.C. 309 (high speed ground transportation). (15) Carry out the functions vested in the Secretary by section 201(4)(d) and (e) of the Alaska National Interest Lands Conservation Act, as amended (Pub. L. 96-487, 94 Stat. 2377) [16 U.S.C. 410hh(4)(d) and (e)]. Sec. 1.86 The Federal Motor Carrier Safety Administration. Is responsible for: (a) Managing program and regulatory activities, including administering laws and promulgating and enforcing regulations on safety matters relating to motor carrier safety; (b) Carrying out motor carrier registration and authority to regulate household goods transportation; (c) Developing strategies for improving commercial motor vehicle, operator, and carrier safety and administering grants to implement these strategies; (d) Inspecting records and equipment of commercial motor carriers, and investigating accidents and reporting violations of motor carrier safety regulations; (e) Carrying out research, development, and technology transfer activities to promote safety of operation and equipment of motor vehicles for the motor carrier transportation program; and (f) Carrying out an effective communications and outreach program which includes providing relevant safety data to the public. Sec. 1.87 Delegations to the Federal Motor Carrier Safety Administrator. The Federal Motor Carrier Safety Administrator is delegated authority to: (a) Carry out the following functions and exercise the authority vested in the Secretary by 49 U.S.C., Subtitle IV, part B: (1) Chapter 131, relating to general provisions on transportation policy; (2) Chapter 133, relating to administrative provisions; (3) Chapter 135, relating to jurisdiction; (4) Sections 13704 and 13707 of chapter 137, relating to rates, routes, and services; (5) Chapter 139, relating to registration and financial responsibility requirements, except section 13907(d)(2); (6) Chapter 141, relating to operations of motor carriers; (7) Sections 14501, 14502, and 14504a relating to Federal-State relations, and [[Page 19838]] section 14506 relating to identification of vehicles. (8) Sections 14701 through 14705, 14707, 14708, 14710, and 14711 of chapter 147, relating to enforcement remedies, investigations and motor carrier liability; and (9) Sections 14901 through 14913, 14915, and 14916 of chapter 149 relating to civil and criminal penalties for violations of 49 U.S.C. subtitle IV, part B. (b) Carry out the functions vested in the Secretary by sections 104 and 204 of the ICC Termination Act of 1995, Public Law 104-88, 109 Stat. 803, relating to self-insurance rules and a savings clause. (c) Carry out the functions vested in the Secretary by 42 U.S.C. 4917, relating to procedures for the inspection, surveillance and measurement of commercial motor vehicles for compliance with interstate motor carrier noise emission standards and related enforcement activities including the promulgation of necessary regulations. (d) Carry out the following functions and exercise the authority vested in the Secretary by chapter 51 of title 49, U.S.C.: (1) Except as delegated to the Under Secretary of Transportation for Policy by Sec. 1.25, carry out the functions vested in the Secretary by 49 U.S.C. 5121(a), (b), (c), and (d), 5122, 5123, and 5124, relating to the transportation or shipment of hazardous materials by highway. (2) Carry out the functions vested in the Secretary by 49 U.S.C. 5105(e), relating to inspections of motor vehicles carrying hazardous material; 49 U.S.C. 5109, relating to motor carrier safety permits, except subsection (f); 49 U.S.C. 5112, relating to highway routing of hazardous materials; 49 U.S.C. 5113, relating to unsatisfactory safety ratings of motor carriers; 49 U.S.C. 5119, relating to uniform forms and procedures; and 49 U.S.C. 5125(a) and (c)-(f), relating to preemption determinations or waivers of preemption of hazardous materials highway routing requirements. (e) Carry out the functions vested in the Secretary by: (1) Chapter 313 of 49, U.S.C., relating to commercial motor vehicle operators; and (2) Section 4123(c), (d) and (e) of SAFETEA-LU relating to grants, funding, and contract authority and availability, respectively, for commercial driver's license information system modernization. (f) Carry out the functions vested in the Secretary by subchapters I, III, and IV of chapter 311, title 49, U.S.C., and 49 U.S.C. 31111, relating to commercial motor vehicle programs, safety regulation, and international activities, except that the authority to promulgate safety standards for commercial motor vehicles and equipment subsequent to initial manufacture is limited to standards that are not based upon and similar to a Federal Motor Vehicle Safety Standard promulgated under chapter 301 of title 49, U.S.C. (g) Carry out the functions vested in the Secretary by 49 U.S.C. 5701 relating to food transportation inspections of commercial motor vehicles. (h) Carry out the functions and exercise the authority delegated to the Secretary in section 2(d)(2) of Executive Order 12777, as amended, with respect to highway transportation, relating to the approval of means to ensure the availability of private personnel and equipment to remove, to the maximum extent practicable, a worst case discharge, the review and approval of response plans, and the authorization of motor carriers, subject to the Federal Water Pollution Control Act, Pub. L. 87-88, as amended [33 U.S.C. 1321], to operate without approved response plans. (i) Carry out chapter 315 of title 49, U.S.C., relating to motor carrier safety. (j) Carry out 49 U.S.C. 502, 503, 504, 506, and 523 to the extent they relate to motor carriers, motor carriers of migrant workers, and motor private carriers; 49 U.S.C. 507 to the extent it relates to motor carriers, motor carries of migrant workers, motor private carriers, or freight forwarders; and 49 U.S.C. 505, 508, 521(b), and 525. (k) Carry out the functions and exercise the authority vested in the Secretary by 23 U.S.C. 502(a)(1)(A). (l) Carry out the functions vested in the Secretary by the following sections of SAFETEA-LU: (1) Section 4105(b)(1) relating to the study concerning predatory tow truck operations; (2) Section 4126, relating to the commercial vehicle information systems and networks deployment program; (3) Section 4127, relating to outreach and education; (4) Section 4128, relating to grants under the safety data improvement program; (5) Section 4130-4133, amending section 229 of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note) relating to the operators of vehicles transporting agricultural commodities and farm supplies, and hours of service for miscellaneous vehicle operators; (6) Section 4134 (49 U.S.C. 31301 note), relating to the grant program for persons to train operators of commercial motor vehicles; (7) [Reserved] (8) Section 4136 relating to interstate vans; (9) Section 4138 relating to high risk carrier compliance (49 U.S.C. 31144 note); (10) Section 4139(a)(1), relating to the training of and outreach to State personnel; section (b)(1) relating to a review of Canadian and Mexican compliance with Federal motor vehicles safety standards; and the first sentence of section (b)(2) relating to the report concerning the findings and conclusions of the review required by section (b)(1) (see 49 U.S.C. 31100 note); (11) Section 4143, granting authority to stop commercial motor vehicles, 18 U.S.C. 3064; (12) Section 4144, relating to a motor carrier safety advisory committee; (13) [Reserved] (14) Section 4147, relating to emergency conditions requiring immediate response (amending section 229 of the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 31136 note); (15) Section 4213, relating to the establishment of a working group for the development of practices and procedures to enhance Federal- State relations (49 U.S.C. 14710 note); (16) Section 4214, relating to the establishment of a system for collecting consumer complaint information and issuing regulations related to reporting requirements under the system (49 U.S.C. 14701 note); and (17) Section 4308, granting authority to adopt regulations to carry out SAFETEA-LU, Title IV, subtitle C (49 U.S.C. 13902 note). (m) Carry out the functions vested in the Secretary by the following sections of the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 405): (1) Section 32101(b) concerning proficiency examination (49 U.S.C. 13902 note). (2) Section 32101(c) concerning conforming amendments to proficiency examinations (49 U.S.C. 31144 note). (3) Section 32101(d) concerning agricultural and farm transportation exemption (49 U.S.C. 31136 note). (4) Section 32104 concerning a study of financial responsibility requirements (49 U.S.C. 13903 note). (5) Section 32206 concerning a rental truck accident study. (6) Section 32301(a) requiring an hours of service study. (7) Section 32302(c)(2) regarding the establishment of state licensing agency oversight (49 U.S.C. 31149 note). [[Page 19839]] (8) Section 32303(b) relating to the establishment of a driver record notification system (49 U.S.C. 31304 note). (9) Section 32303(c) relating to a plan for national notification system. (10) Section 32308 regarding a study, plan, report and implementation of accelerated veteran's licensing procedures (49 U.S.C. 31301 note). (11) Section 32603(i) relating to the administration of grant programs (49 U.S.C. 31100). (12) Section 32605 related to a report on the commercial vehicle information system and networks. (12) Sections 32702, 32707(b), 32708, 32709, 32710, and 32711 related to the Motorcoach Enhanced Safety Act of 2012 (49 U.S.C. 31136 note). (13) Section 32918(b) relating to broker and forwarder financial responsibility rulemaking requirement (49 U.S.C. 13906 note). (14) Section 32934 related to exemptions from requirements for covered farm vehicles (49 U.S.C. 31136 note). Sec. 1.88 The Federal Railroad Administration. Is responsible for: (a) Regulating safety functions pertaining to railroads; (b) Conducting research and development activity in support of safer and more efficient rail transportation; (c) Investigating and issuing reports concerning collisions, derailments, and other railroad accidents resulting in serious injury to persons or to the property of a railroad; (d) Developing safety strategies to combat the causes of collisions, derailments, and other railroad accidents, as well as to reduce overall risk in the Nation's rail systems; (e) Promoting and strengthening the national rail system, including freight rail and high speed and higher performing intercity passenger rail. (f) Providing financial assistance, including grants, loans and loan guarantees, for rail freight and intermodal development, as well as high-speed and intercity passenger rail development; (g) Maximizing the positive impacts on the U.S. economy by encouraging domestic manufacturing on rail projects through the enforcement of Buy America provisions; and (h) Strengthening local communities by supporting station-area development and strong connections among rail passenger service, intercity bus, local transit, bicycle/pedestrian, and airport facilities. Sec. 1.89 Delegations to the Federal Railroad Administrator. The Federal Railroad Administrator is delegated authority to: (a) Carry out the functions and exercise the authority vested in the Secretary by 49 U.S.C. Subtitle V, Part A (Safety, chapter 201 et seq.), Part B (Assistance, chapter 221 et seq.), Part C (Passenger Transportation, chapter 241 et seq.), Part D (High-speed Rail, chapter 261), and section 28101 of Part E, relating to the law enforcement authority of railroad police officers; except 49 U.S.C. 20134 with respect to highway, traffic, and motor vehicle safety and highway construction. (b) Carry out the functions and exercise the authority vested in the Secretary by the Rail Safety Improvement Act of 2008 (Pub. L. 110- 432, Div. A, 122 Stat. 4848). (c) Carry out the functions and exercise the authority vested in the Secretary by the Passenger Rail Investment and Improvement Act of 2008 (Pub. L. 110-432, Div. B, 122 Stat. 4907), except Title VI (122 Stat. 4968) as it relates to capital and preventive maintenance projects for the Washington Metropolitan Area Transit Authority. (d) Carry out the functions vested in the Secretary by section 5 (as it relates to railroad bridges not over navigable waterways) and section 8(a) (as it relates to railroad bridges) of the International Bridge Act of 1972 (Pub. L. 92-434, 86 Stat. 731) (33 U.S.C. 535c and 535e(a)). (e) Exercise the administrative powers vested in the Secretary by 49 U.S.C. Subtitle I, Chapter 5 (section 501 et seq.) pertaining to railroad safety and 49 U.S.C. 103 (Federal Railroad Administration). (f) Promote and undertake research and development relating to rail matters generally (49 U.S.C. Chapter 3 (section 301 et seq). and 49 U.S.C. 102). (g) Carry out the functions vested in the Secretary by 45 U.S.C. Ch. 15 (section 601 et seq.) with respect to emergency rail services, except the authority to make findings required by 45 U.S.C. 662(a) and the authority to sign guarantees of certificates issued by trustees. (h) Carry out the functions vested in the Secretary by 45 U.S.C. chapter 17 (section 801 et seq.) with respect to railroad revitalization and regulatory reform and the Railroad Rehabilitation and Improvement Financing program. (i) Carry out the functions vested in the Secretary by 45 U.S.C. chapter 21 (section 1201 et seq.) related to the Alaska Railroad transfer. (j) Except as delegated to the Under Secretary of Transportation for Policy by Sec. 1.25, carry out the functions vested in the Secretary by 49 U.S.C. 5121-5124 relating to the transportation or shipment of hazardous materials by railroad. (k) Carry out the functions vested in the Secretary by section 7 of Executive Order 12580 (delegating sections 108 and 109, respectively, of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended (49 U.S.C. 9615 et seq.), insofar as they relate to rolling stock. (l) Carry out the functions vested in the Secretary by 33 U.S.C. 493, relating to disputes over the terms and compensation for use of railroad bridges built under that statute. (m) Carry out the functions vested in the Secretary by 49 U.S.C. 5701 with respect to transportation of food and other products by railroad. (n) Carry out the functions vested in the Secretary by 23 U.S.C. 322 (Magnetic Levitation Transportation Technology Deployment Program). (o) Carry out the functions vested in the Secretary by sections 1307 (see note to 23 U.S.C. 322), and 1946 of SAFETEA-LU as they relate to deployment of magnetic levitation transportation projects and a study of rail transportation and regulation. (p) Carry out the function vested in the Secretary by the Bankruptcy Code (11 U.S.C. 1163), which relates to the nomination of trustees for rail carriers in reorganization, with the concurrence of the Office of the General Counsel. (q) Carry out the functions vested in the Secretary by 23 U.S.C. 327, as it relates to railroad projects. (r) Carry out the functions vested in the Secretary by the sections 1318(d) and 1534 of Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 405), as they relate to railroads. (s) Carry out the functions vested in the Secretary by section 2(d)(2) of Executive Order 12777, with respect to rail transportation, relating to the approval of means to ensure the availability of private personnel and equipment to remove, to the maximum extent practicable, a worst case discharge, the review and approval of response plans, and the authorization of railroads to operate without approved response plans. Sec. 1.90 The Federal Transit Administration. Is responsible for: (a) Providing grants that support the development of safe, comprehensive and coordinated public transportation systems; [[Page 19840]] (b) Creating and implementing a national public transportation safety program that includes the development of safety practices and standards; (c) Assisting public transportation systems to achieve and maintain their infrastructure, equipment and vehicles in a state of good repair; (d) Promoting the environmental benefits of public transportation through continuing, cooperative, and comprehensive planning that improves the performance of the intermodal transportation system. (e) Supporting research, development, demonstration, and deployment projects dedicated to assisting in the delivery of safe, efficient and effective public transportation service; (f) Supporting, in coordination with FHWA and FRA, strong connections between public transportation and other modes of transportation, including bicycle/pedestrian facilities and station- area development that strengthen local communities; and (g) Maximizing the positive impacts on the U.S. economy by encouraging domestic manufacturing on transit projects through the enforcement of Buy America provisions. Sec. 1.91 Delegations to the Federal Transit Administrator. The Federal Transit Administrator is delegated authority to carry out the following: (a) Chapter 53 of title 49, United States Code, and notes thereto. (b) Sections 3 and 9 through 15 of the National Capital Transportation Act of 1969 (Pub. L. 91-143, 83 Stat. 320), as amended (DC Code, section 9-1101.01 et seq.). (c) Sections of title 23, United States Code, and notes thereto that involve public transportation projects, including those provisions that pertain to planning, environmental reviews and use of historic resources for public transportation projects. (d) Section 303 of title 49, United States Code, as it involves public transportation projects. (e) The following sections of Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 405): (1) Sections 1315 [23 U.S.C. 109 note], 1316 [23 U.S.C. 109 note], 1317 [23 U.S.C. 109 note], 1318 [23 U.S.C. 109 note], and 1321, as they relate to public transit projects; and (2) Sections 20005(b) [49 U.S.C. 5303 note], 20008(b) [49 U.S.C. 5309 note], 20013(b) [49 U.S.C. 5315 note], 20017(b) [49 U.S.C. 5324 note], 20021(b), and 20025(b) [49 U.S.C. 5335 note]. (f) Section 601 of the Passenger Rail Investment and Improvement Act of 2008 (Pub. L. 110-432, Div. B). Sec. 1.92 The Maritime Administration. Is responsible for: (a) Fostering the development and maintenance of a United States merchant marine sufficient to meet the needs of the national security and of the domestic and foreign commerce of the United States; (b) Operating the U.S. Merchant Marine Academy in order to train officers for the Nation's merchant marine; (c) Promoting development of ports and intermodal transportation systems through investments in port infrastructure via grant programs and America's Marine Highway program; (d) Promoting the growth and modernization of the U.S. merchant marine and U.S. shipyards by administering loan and guarantee programs; (e) Overseeing the administration of cargo preference statutes; (f) Maintaining custody of, operating, and preserving ships in the National Defense Reserve Fleet as well as other vessels under the custody of MARAD and managing, maintaining and operating its Ready Reserve Force component; (g) Conducting research and development to improve and promote the waterborne commerce of the United States. Sec. 1.93 Delegations to the Maritime Administrator. The Maritime Administrator is delegated authority to: (a) Carry out the functions and exercise the authorities vested in the Secretary under Subtitle V of title 46, U.S.C., except for 46 U.S.C. 51303 and 55601(c) and (d); (b) Carry out the functions and exercise the authorities vested in the Secretary under Subtitle III of title 46, U.S.C.; (c) Carry out the functions and exercise the authorities vested in the Secretary under the Merchant Ship Sales Act of 1946, as amended (50 U.S.C. App. 1735 et seq.); (d) Carry out the functions and exercise the authorities vested in the Secretary under 50 U.S.C. App 1744 with respect to the National Shipping Authority; (e) Exercise the authority vested in the Administrator of General Services by the Act of June 1, 1948, Public Law 80-566, 62 Stat. 281, 40 U.S.C. 318-318c and the Federal Property and Administrative Services Act of 1949, as amended, Public Law 81-152, 63 Stat. 377, and delegated to the Secretary of Transportation by the Administrator of General Services on March 23, 2000, relating to the enforcement of laws for the protection of property and persons at the United States Merchant Marine Academy, located in Kings Point, New York. This may be accomplished through appointment of uniformed personnel as special police, establishment of rules and regulations governing conduct on the affected property, and execution of agreements with other Federal, State, or local authorities. (f) Carry out the functions and exercise the authorities vested in the Secretary by section 3(d) of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(d)) as it relates to ships owned or operated by the Maritime Administration when engaged in noncommercial service; (g) Carry out the functions vested in the Secretary by 40 U.S.C. 554 relating to authority to convey surplus real property to public entities for use in the development or operation of port facilities; (h) Carry out the following powers and duties and exercise the authorities vested in the Secretary by the Deepwater Port Act of 1974, Public Law 93-627, as amended (33 U.S.C. 1501 et seq.): (1) Section 4: The authority to issue, transfer, amend, or reinstate a license for the construction and operation of a deepwater port (33 U.S.C. 1503(b)); (2) Section 4: The authority to process applications for the issuance, transfer, amendment, or reinstatement of a license for the construction and operation of a deepwater port (33 U.S.C. 1503(b)), in coordination with the Commandant of the Coast Guard; (3) Section 5(h)(2): Approval of fees charged by adjacent coastal States for use of a deepwater port and directly related land-based facilities (33 U.S.C. 1504(h)(2)); (4) Section 4: Make Adjacent Coastal State designations pursuant to 33 U.S.C. 1508(a)(2); (5) Section 11: In collaboration with the Assistant Secretary for Aviation and International Affairs and the Assistant Secretary for Transportation Policy, consultation with the Secretary of State relating to international actions and cooperation in the economic, trade and general transportation policy aspects of the ownership and operation of deepwater ports (33 U.S.C. 1510); (6) Section 16(b): Submission of notice of the commencement of a civil suit (33 U.S.C. 1515(b)); (7) Section 16(c): Intervention in any civil action to which the Secretary is not a party (33 U.S.C. 1515(c)); (8) Sections 8(b), 12: Authority to request the Attorney General to seek the [[Page 19841]] suspension or termination of a deepwater port license and to initiate a proceeding before the Surface Transportation Board (33 U.S.C. 1507, 1511); (i) Carry out the functions and exercise the authority vested in the Secretary by section 109 of the Maritime Transportation Security Act of 2002, Public Law 107-295, 116 Stat. 2064, 46 U.S.C. 70101 note, to provide training for maritime security professionals; (j) Exercise all the powers of the Secretary under 49 U.S.C. 336 with respect to civil penalties; (k) Carry out all of the duties, authorities and powers of the Secretary under the Reefs for Marine Life Conservation law, 16 U.S.C. 1220 et seq.; (l) In consultation and coordination with the Office of Intelligence, Security and Emergency Response, carry out the functions under the Defense Production Act of 1950, Public Law 81-774, 64 Stat. 798, as amended (50 U.S.C. app. 2061 et seq.), that were vested in the Secretary by Executive Order 13603 (``National Defense Resources Preparedness'') as such authorities relate to the use of sealift support and port facilities, and other maritime industry related facilities and services, and maritime-related voluntary agreements pursuant to Section 708 of the Act; (m) Carry out the functions related to the National Defense Reserve Fleet vested in the Secretary pursuant to 50 U.S.C. App. 1744; (n) Carry out all of the duties, authorities and powers of the Secretary under the following statutes: (1) 10 U.S.C. 2218, the National Defense Sealift Fund; (2) 40 U.S.C. 3134, Bond waiver authority for certain contracts; (3) 46 U.S.C. 501(b), Waiver of navigation and vessel-inspection laws and determination of non-availability of qualified U.S. flag vessels; (4) 46 U.S.C. 3316, granting authority to appoint a representative to Executive Board of the American Bureau of Shipping (ABS); (5) 46 U.S.C. 12119(a)(5), authority to waive or reduce the qualified proprietary cargo requirements and determine citizenship; (6) 50 U.S.C. 196, Emergency foreign vessel acquisition; purchase and requisition of vessels lying idle in United States waters; (7) 50 U.S.C. 197, Voluntary purchase or charter agreement; (8) 50 U.S.C. 198, granting authority over requisitioned vessels; (o) Carry out all of the duties, authorities and powers of the Secretary with respect to 16 U.S.C. 1220 et seq. (use of obsolete ships as reefs for marine life conservation); (p) Carry out all of the duties, powers and authorities delegated to the Secretary of Transportation by the Administrator of General Services with respect to the leasing and management of property under 41 CFR 102-72.30, Delegations of Authority; (q) Carry out all of the duties, authorities and powers vested in the Secretary by 46 U.S.C. 70101 note, to provide training for maritime security professionals; (r) Carry out the duties, authorities and powers of the Secretary under the following statutes: (1) Title XV, Subtitle B of the Food, Agriculture, Conservation, and Trade Act of 1990, Public Law 101-624 (104 Stat. 3359, 3665), 7 U.S.C. 1421 and Chapter 553 of Title 46, U.S.C., authorizing the Secretary to designate ``American Great Lakes'' vessels that are exempt from the restrictions relating to the carriage of preference cargoes; (2) 46 U.S.C. 2302(e) (determination of substandard vessels); (3) Section 304(a) of Coast Guard and Maritime Transportation Act of 2006, 33 U.S.C. 1503(i), a program to promote liquefied natural gas tanker transportation; (4) Section 306 of Public Law 111-281, concerning the phaseout of vessels supporting oil and gas development; (s) Carry out the functions and exercise the authorities vested in the President by Section 1019 of John Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) and delegated to the Secretary by the President; (t) Lead efforts pertaining to civil emergency planning for sealift support for North Atlantic Treaty Organization (NATO) operations, including coordinating DOT representation on sealift-related committees, in coordination with the Office of Intelligence, Security and Emergency Response; (u) Carry out the duties, functions, authorities, and powers of the Secretary under 49 U.S.C. 109(e), (f), (h), (j)(3); (v) Carry out all of the duties, authorities, and powers of the Secretary of Transportation, with respect to matters involving the Clarification Act, Public Law 78-17, 57 Stat. 45, as amended (50 U.S.C. App. 1291); (w) Carry out all of the duties, authorities, and powers of the Secretary under 46 U.S.C. 12102(d). Sec. 1.94 The National Highway Traffic Safety Administration. Is responsible for: (a) In highway safety, setting uniform guidelines for a coordinated national highway safety formula grant program carried out by the States and local communities; conducting research and development activities, including demonstration projects and the collection and analysis of highway and motor vehicle safety data and related information; administering highway safety grant programs to encourage State efforts in such areas as occupant protection, impaired and distracted driving, traffic safety data information system improvements, motorcyclist safety, child safety restraints, and graduated driver's licensing; determining State compliance with highway traffic safety law requirements; administering a nationwide high visibility enforcement program; administering the National Driver Register; and leading and coordinating efforts to establish, expand, and improve State, local, tribal, and regional emergency medical services and 9-1-1 systems. (b) In motor vehicle safety, establishing and enforcing safety standards and regulations for the manufacture and importation of motor vehicles and motor vehicle equipment; conducting research, development, and testing concerning motor vehicle safety, including vehicle-to- vehicle and vehicle-to-infrastructure technologies and other new or advanced vehicle technologies; and investigating safety-related defects and non-compliance in motor vehicles and motor vehicle equipment and administering related recalls. (c) In automobile fuel economy, establishing automobile fuel economy standards for passenger and non-passenger automobiles and fuel efficiency standards for medium and heavy vehicles. (d) In consumer protection and information, establishing requirements and carrying out programs for passenger motor vehicle information, such as the New Car Assessment Program; bumper standards for passenger motor vehicles; odometer requirements; and passenger motor vehicle theft prevention standards. Sec. 1.95 Delegations to the National Highway Traffic Safety Administrator. The National Highway Traffic Safety Administrator is delegated authority to: (a) Exercise the authority vested in the Secretary under chapters 301, 303, 321, 323, 325, 327, 329, and 331, of Title 49, U.S.C., except for 49 U.S.C. 32916(b). (b) Exercise the authority vested in the Secretary by 49 U.S.C. 20134(a) with respect to laws administered by the National Highway Traffic Safety [[Page 19842]] Administration pertaining to highway, traffic and motor vehicle safety. (c) Carry out, in coordination with the Federal Motor Carrier Safety Administrator, the authority vested in the Secretary by subchapter III of chapter 311 of title 49, U.S.C., to promulgate safety standards for commercial motor vehicles and equipment subsequent to initial manufacture when the standards are based upon and similar to a Federal Motor Vehicle Safety Standard promulgated, either simultaneously or previously, under chapter 301 of title 49, U.S.C. (d) Carry out the Highway Safety Act of 1966, as amended (Pub. L. 89-564, 80 Stat. 731), for highway safety programs, research, and development except those relating to highway design, construction and maintenance, traffic control devices, identification and surveillance of crash locations, and highway-related aspects of pedestrian safety. (e) Exercise the authority vested in the Secretary under chapter 4 of title 23, U.S.C., except for 23 U.S.C. 409. (f) Carry out the functions and exercise the authority vested in the Secretary for the following provisions of title 23, U.S.C. (with respect to matters within the primary responsibility of the National Highway Traffic Safety Administration): 153, 154, 158, 161, 163, 164, and 313 (Buy America). (g) Carry out the consultation functions vested in the Secretary by Executive Order 11912, as amended (``Delegation of Authorities Relating to Energy Policy and Conservation'') relating to automobiles. (h) Exercise the authority vested in the Secretary by section 210(2) of the Clean Air Act, Public Law 90-148, as amended [42 U.S.C. 7544(2)]. (i) Carry out the functions and exercise the authority vested in the Secretary by the following sections of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Public Law 109-59: (1) Section 1906 [23 U.S.C. 402 note], relating to the grant program to prohibit racial profiling; (2) Section 2010 [23 U.S.C. 402 note], relating to motorcyclist safety; (3) Section 2011 [23 U.S.C. 405 note], relating to child safety and child booster seat incentive grants; (4) Section 10202 [42 U.S.C. 300d-4], relating to emergency medical services, as amended by section 31108 of the Moving Ahead for Progress in the 21st Century Act, Public Law 112-141; (5) Section 10305(b) [49 U.S.C. 30101 note], relating to the publication of non-traffic incident data collection; and (6) Section 10309(a), relating to the testing of 15-passenger van safety. (j) Carry out the following functions and exercise the authority vested in the Secretary under the Energy Independence and Security Act of 2007 (Pub. L. 110-140): (1) Section 106 [49 U.S.C. 32902 note], relating to the continued applicability of existing standards; (2) Section 107 [49 U.S.C. 32902 note], relating to the National Academy of Sciences studies; (3) Section 108, relating to the National Academy of Sciences study of medium-duty and heavy-duty truck fuel economy; (4) Section 110 [49 U.S.C. 32908 note], relating to the periodic review of accuracy of fuel economy labeling; (5) Section 113 [49 U.S.C. 32904 note], relating to the exemption from separate calculation requirement; (6) Section 131(b)(2) and (c)(1) [42 U.S.C. 17011(b)(2), (c)(1)], relating to the Plug-in Electric Drive Vehicle Program; (7) Section 225(a), relating to the study of optimization of flexible fueled vehicles to use E-85 fuel; (8) Section 227(a), relating to the study of optimization of biogas used in natural gas vehicles; (9) Section 242 [42 U.S.C. 17051], relating to renewable fuel dispenser requirements; and (10) Section 248(a) [42 U.S.C. 17054(a)], relating to biofuels distribution and advanced biofuels infrastructure. (k) Carry out the functions and exercise the motor vehicle safety authority vested in the Secretary under section 7103 of the Transportation Equity Act for the 21st Century, Public Law 105-178. (l) Carry out the functions and exercise the motor vehicle safety authority vested in the Secretary under sections 3(d), 10, 11 and 13 through 17 [uncodified provisions] of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act, Public Law 106-414. (m) Carry out the functions and exercise the motor vehicle safety authority vested in the Secretary under Anton's Law, Public Law 107- 318. (n) Carry out the functions and exercise the motor vehicle safety authority vested in the Secretary under the Cameron Gulbransen Kids Transportation Safety Act of 2007 or the K.T. Safety Act of 2007, Public Law 110-189. (o) Carry out the functions and exercise the motor vehicle safety authority vested in the Secretary under the Pedestrian Safety Enhancement Act of 2010, Public Law 111-373. (p) Carry out the functions and exercise the authority vested in the Secretary by the following sections of the Moving Ahead for Progress in the 21st Century Act, Public Law 112-141: (1) Sections 31101(d) and (f) (23 U.S.C. 402 note), Authorization of Appropriations; (2) Sections 31203(b), Civil Penalty Criteria Rule, 31301, Public Availability of Recall Information, 31302, NHTSA Outreach to Manufacturer, Dealer, and Mechanic Personnel, 31309(a), Study of Crash Data Collection, 31401, NHTSA Electronics, Software, and Engineering Expertise, 31402, Electronics Systems Performance, 31501, Child Safety Seats, 31502, Child Restraint Anchorage Systems, 31503, Rear Seat Belt Reminders, 31504, Unattended Passenger Reminders, 31505, New Deadline, and 31601, Rulemaking on Visibility of Agricultural Equipment; (3) Section 32201, Crashworthiness Standards; and (4) Sections 32703, Regulations for Improved Occupant Protection, Passenger Evacuation, and Crash Avoidance, 32704, Fire Prevention and Mitigation, 32705, Occupant Protection, Collision Avoidance, Fire Causation, and Fire Extinguisher Research and Testing, and 32706, Concurrence of Research and Rulemaking. (q) Carry out the functions and exercise the authority vested in the Secretary to implement section 3(g)-(h) of the Automobile Information Disclosure Act (Pub. L. 85-506, 72 Stat. 325), as amended (15 U.S.C. 1232(g)-(h)). Sec. 1.96 The Pipeline and Hazardous Materials Safety Administration. Is responsible for: (a) Pipelines. (1) Administering a national program of safety in natural gas and hazardous liquid pipeline transportation including identifying pipeline safety concerns, developing uniform safety standards, and promulgating and enforcing safety regulations; (2) Increasing the gas and liquid pipeline industry's focus on safety beyond compliance with minimum standards, with particular attention to developing strong safety cultures in regulated entities; (3) Enhancing information awareness systems at the State and local levels to reduce pipeline damage from excavation and providing grants to support these systems; and (4) Encouraging the timely replacement of aging and deteriorating pipelines in distribution systems, especially in areas with high potential [[Page 19843]] negative consequences to public safety and the environment. (b) Hazardous materials. (1) Administering a national program of safety, including security, in multi-modal hazardous materials transportation including identifying hazardous materials safety concerns, developing uniform safety standards, and promulgating and enforcing safety and security regulations; and (2) Conducting outreach and provide available grants assistance to increase awareness and emergency preparedness. Sec. 1.97 Delegations to the Pipeline and Hazardous Materials Safety Administrator. The Pipeline and Hazardous Materials Safety Administrator is delegated responsibility to: (a) Pipelines. (1) Exercise the authority vested in the Secretary under chapter 601 of title 49, U.S.C. (2) Exercise the authority vested in the Secretary under section 28 of the Mineral Leasing Act, as amended (30 U.S.C. 185(a) and 30 U.S.C. 185(w)(3)). (3) Exercise the authority vested in the Secretary under section 21 of the Deepwater Port Act of 1974, as amended (33 U.S.C. 1520) relating to the establishment, enforcement and review of regulations concerning the safe construction, operation or maintenance of oil or natural gas pipelines on Federal lands and the Outer Continental Shelf. (4) Carry out the functions vested in the Secretary by section 5 (as it relates to pipelines not over navigable waterways) and section 8(a) (as it relates to pipelines) of the International Bridge Act of 1972 (Pub. L. 92-434, 86 Stat. 731) (33 U.S.C. 535c and 535e(a)). (5) Exercise the authority vested in the Secretary under the Outer Continental Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.) with respect to the establishment, enforcement and review of regulations concerning pipeline safety. (6) Carry out the functions vested in the Secretary by section 7 of Executive Order 12580 (delegating sections 108 and 109, respectively, of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended (49 U.S.C. 9615 et seq.), insofar as they relate to pipelines. (7) Exercise the authority vested in the Secretary by 49 U.S.C. 60301 as it relates to pipeline safety user fees. (8) Exercise the authority vested in the Secretary by 49 U.S.C. 6101 et seq. as it relates to pipeline damage prevention One Call programs. (9) Exercise the authority vested in the Secretary by the Pipeline Safety Improvement Act of 2002 (Pub. L. 107-355, 116 Stat. 2985). (10) Exercise the authority vested in the Secretary by the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (Pub. L. 112-90). (b) Hazardous materials. Except as delegated to the Under Secretary of Transportation for Policy by Sec. 1.25: (1) Carry out the functions vested in the Secretary by 49 U.S.C. 5121(a), (b), (c), (d) and (e), 5122, 5123, and 5124, with particular emphasis on the shipment of hazardous materials and the manufacture, fabrication, marking, maintenance, reconditioning, repair or test of multi-modal containers that are represented, marked, certified, or sold for use in the transportation of hazardous materials; and (2) Participate, with the Administrator of the Federal Aviation Administration, in the Dangerous Goods Panel at the International Civil Aviation Organization, under the authority vested in the Secretary by 49 U.S.C. 5120; and (3) Carry out, in coordination with the Administrators of the Federal Aviation Administration (for matters relating to the transport of hazardous materials by aircraft), the Federal Motor Carrier Safety Administration (for matters relating to the transport of hazardous materials by public highway), and the Federal Railroad Administration (for matters relating to the transport of hazardous materials by rail), the functions vested in the Secretary by all other provisions of the Federal hazardous material transportation law (49 U.S.C. 5101 et seq.) except as delegated by Sec. Sec. 1.83(d)(2) and (3) (FAA) and 1.87(d)(2) (FMCSA) and by paragraph 2(99) of Department of Homeland Security Delegation No. 0170. (4) Exercise the authority vested in the Secretary by sections 33005 (49 U.S.C. 5121 note), 33006, 33008 (49 U.S.C. 5121 note), 33009(b)(2) (49 U.S.C. 5121 note), and 33012 (49 U.S.C. 5117 note) of the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 405). (c) Exercise the authority delegated to the Secretary in the following sections of Executive Order 12777: (1) Section 2(b)(2) relating to the establishment of procedures, methods, equipment and other requirements to prevent discharges from, and to contain oil and hazardous substances in, pipelines, motor carriers, and railroads; and (2) Section 2(d)(2) relating to the issuance of regulations requiring the owners or operators of pipelines, motor carriers, and railroads, subject to the Federal Water Pollution Control Act (33 U.S.C. 1321 et seq.), to prepare and submit response plans. For pipelines subject to the Federal Water Pollution Control Act, this authority includes the approval of means to ensure the availability of private personnel and equipment to remove, to the maximum extent practicable, a worst case discharge, the review and approval of response plans, and the authorization of pipelines to operate without approved response plans. Sec. 1.98 The Research and Innovative Technology Administration. Is responsible for: (a) Coordinating, facilitating, and reviewing the Department's research and development programs and activities, except as related to NHTSA; (b) After consultation with Operating Administration and OST offices, making recommendations to the Secretary on all Operating Administration and OST research budgets; (c) Providing leadership on technical, navigation, communication, and systems engineering activities, and spectrum management on behalf of the civil and civilian PNT communities; (d) Directing and administering university transportation research grants; (e) In coordination with FHWA, NHTSA, and FMCSA, conducting vehicle-to-vehicle and vehicle-to-infrastructure research; (f) Advancing Intelligent Transportation Systems (ITS) research and deployment of real-time multi-modal travel information for travelers, carriers, and public agencies; (g) Providing oversight of the activities of the Volpe National Transportation Systems Center, the ITS Joint Program Office, the Bureau of Transportation Statistics, and the Transportation Safety Institute; and (h) Providing technical support to advance the mission of the Secretary's Safety Council. Sec. 1.99 Delegations to the Research and Innovative Technology Administrator. The Research and Innovative Technology Administrator is delegated authority for the following: (a) Coordination of departmental research and development programs and activities. (1) Coordinate, facilitate, and review all departmental research and development programs and activities, except those carried out by the National Highway Traffic Safety Administration, as described in section 4(b) of the Norman Y. Mineta Research and Special Programs Improvement Act (Pub. L. 108-426, 118 Stat. 2423). (2) After consultation with Operating Administration and OST offices, RITA shall make recommendations to the [[Page 19844]] Secretary on all Operating Administration and OST research budgets. (b) Science and technology. (1) With respect to scientific and technological matters, serve as principal advisor to the Secretary and representative of the Department to the academic community, the private sector, professional organizations, and other federal, state and local government agencies. (2) Serve as principal liaison official for the Department of Transportation with the Office of Science and Technology Policy in the Executive Office of the President, the National Science and Technology Council, and the President's Committee of Advisors on Science and Technology. (3) Serve as primary official responsible for coordination and oversight of the Department's implementation of section 2 of the Federal Technology Transfer Act of 1986 (15 U.S.C. 3710a), relating to the transfer of Federal technology to the marketplace; and section 12(d) of the National Technology Transfer and Advancement Act of 1996 (Pub. L. 104-113), as implemented by OMB Circular A-119: Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities. (4) Serve as Chair and Executive Secretary of the Department of Transportation's Research, Development and Technology Planning Council and Planning Team. (5) Advocate Department of Transportation policy and program coordination efforts associated with transportation research. (6) Represent the Department of Transportation on departmental, national and international committees and meetings dealing with transportation research and development (R & D). (7) Manage the strategic planning process for transportation R & D across the Department of Transportation and, through the National Science and Technology Council, across the Federal Government. (8) Carry out the transportation research and development strategic planning function vested in the Secretary by 23 U.S.C. 508. (9) Conduct transportation system-level assessments and policy research. (10) Facilitate the creation of transportation public/private partnerships. (11) Foster innovation in the transportation sector. (12) Disseminate information on departmental, national, and international transportation R & D activities. (13) Provide legal support for Departmental intellectual property and patent issues. (14) Manage department- and government-wide (inter/multimodal) transportation R & D programs. (15) Oversee such advisory boards that deal with transportation system-level R & D assessments and issues, such as the Transportation Research Board Committee on the Federal Transportation R & D Strategic Planning Process. (c) Advanced vehicle technology. Carry out the functions vested in the Secretary by section 5111 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5506), as extended by the Surface Transportation Extension Act of 2004, Part V, Public Law 108-310, September 30, 2004, 118 Stat. 1144, and section 5513(j) of SAFETEA-LU. (d) Remote sensing technology. Carry out the functions vested in the Secretary by section 5113 of the Transportation Equity Act for the 21st Century (23 U.S.C. 502 Note), as extended by the Surface Transportation Extension Act of 2004, Part V, Public Law 108-310, September 30, 2004, 118 Stat. 1144, and section 5506 of SAFETEA-LU. (e) University transportation research. Carry out the functions vested in the Secretary by section 5110 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5505), as extended by the Surface Transportation Extension Act of 2004, Part V, Public Law 108-310, September 30, 2004, 118 Stat. 1144, and sections 5401 and 5402 of SAFETEA-LU. (f) Volpe National Transportation Systems Center. Exercise the authority vested in the Secretary with respect to the activities of the Volpe National Transportation Systems Center as described in 49 U.S.C. 112(d)(1)(E) and carry out the functions vested in the Secretary by 49 U.S.C. 328 with respect to the working capital fund for financing the activities of the Volpe National Transportation Systems Center. (g) Exercise authority over the Transportation Safety Institute. (h) Carry out the functions vested in the Secretary by 49 U.S.C. 111 relating to transportation statistics, analysis, and reporting. (i) Carry out the functions vested in the Secretary by 49 U.S.C. 5503(d) (Office of Intermodalism). (j) Aviation information. (1) Carry out the functions vested in the Secretary by 49 U.S.C. 329(b)(1) relating to the collection and dissemination of information on civil aeronautics. (2) Carry out the functions vested in the Secretary by section 4(a)(7) of the Civil Aeronautics Board Sunset Act of 1984 (Pub. L. 98- 443) relating to the reporting of the extension of unsecured credit to political candidates (section 401, Federal Election Campaign Act of 1971; 2 U.S.C. 451), in conjunction with the General Counsel and the Assistant Secretary for Aviation and International Affairs. (3) Carry out the functions vested in the Secretary by: 49 U.S.C. 40113 (relating to taking such actions and issuing such regulations as may be necessary to carry out its air commerce and safety responsibilities), 49 U.S.C. 41702 (relating to the duty of carriers to provide safe and adequate service), 49 U.S.C. 41708 and 41709 (relating to the requirement to keep information and the forms in which it is to be kept), and 49 U.S.C. 41701 (relating to establishing just and reasonable classifications of carriers and rules to be followed by each) as appropriate to carry out the responsibilities under this paragraph in conjunction with the General Counsel and the Assistant Secretary for Aviation and International Affairs. (k) Hazardous materials information. In coordination with the Under Secretary, work with the Operating Administrations to determine data needs, collection strategies, and analytical techniques appropriate for implementing 49 U.S.C. 5101 et seq. (l) Carry out the functions vested in the Secretary by section 1801(e) of SAFETEA-LU (establishing and maintaining a national ferry database). (m) Carry out the functions vested in the Secretary by section 5513(c), (d), (g), (h), (i), (l), and (m) of SAFETEA-LU (establishing various research grants). (n) Carry out the functions vested in the Secretary by section 5201(m) of SAFETEA-LU (biobased transportation research program). (o) Carry out the functions vested in the Secretary by 23 U.S.C. 509 (establishing and supporting a national cooperative freight transportation research program). (p) Positioning, navigation and timing (PNT) and spectrum management. Carry out the functions described in the Secretarial memo of August 1, 2007, ``Positioning, Navigation and Timing (PNT) and Spectrum Management Realignment under the Research and Innovative Technology Administration (RITA).'' (q) Carry out the Secretary's authority to establish, operate and manage the Nationwide Differential Global Positioning System (NDGPS) as described in Section 346 of Public Law 105-66 (Department of Transportation [[Page 19845]] and Related Agencies Appropriations Act of 1998). Sec. 1.100 The Saint Lawrence Seaway Development Corporation. Is responsible for the development, operation, and maintenance of that part of the Saint Lawrence Seaway within the territorial limits of the United States. Sec. 1.101 Delegations to the Saint Lawrence Seaway Development Corporation Administrator. The Administrator of the Saint Lawrence Seaway Development Corporation is delegated authority to: (a) Carry out the functions vested in the Secretary by sections 4, 5, 6, 7, 8, 12 and 13 of section 2 of the Port and Tanker Safety Act of 1978 (Pub. L. 95-474, 92 Stat. 1471) [33 U.S.C. 1223-1225, 1227, and 1231-1232] as they relate to the operation of the Saint Lawrence Seaway. (b) Carry out the functions vested in the Secretary by section 5 and section 8(a) of the International Bridge Act of 1972 (Pub. L. 92- 434, 86 Stat. 731) [33 U.S.C. 535c and 535e(a)] as it relates to the Saint Lawrence River. (c) Carry out the functions vested in the Secretary by section 3(d) of the Act to Prevent Pollution from Ships [33 U.S.C. 1902e] as it relates to ships owned or operated by the Corporation when engaged in noncommercial service. Appendix A to Part 1--Delegations and Redelegations by Secretarial Officers 1. Director of Budget. The Assistant Secretary for Budget and Programs and CFO has redelegated to the Director of Budget authority to-- (a) Request apportionment and reapportionment of funds by the Office of Management and Budget, provided that no request for apportionment or reapportionment which anticipates the need for a supplemental appropriation shall be submitted to the Office of Management and Budget without appropriate certification by the Secretary. (b) Issue allotments or allocations of funds to components of the Department. 2. Chief Counsels. The General Counsel has delegated to the Chief Counsels the authority delegated to the General Counsel by Amendment 1-41 to part 1 of title 49, Code of Federal Regulations, 35 FR 17658, November 17, 1970, as follows: Section 855 of the Revised Statutes, as amended by Public Law 91-393, 84 Stat. 835 (40 U.S.C. 255) authorizes the Attorney General to delegate to other departments and agencies his authority to give written approval of the sufficiency to the title to land being acquired by the United States. The Attorney General has delegated to the Assistant Attorney General in charge of the Land and Natural Resources Division the authority to make delegations under that law to other Federal departments and agencies (28 CFR 0.66). The Assistant Attorney General, Land and Natural Resources Division, has further delegated certain responsibilities in connection with the approval of the sufficiency of the title to land to the Department of Transportation as follows: Delegation to the Department of Transportation for the Approval of the Title to Lands Being Acquired for Federal Public Purposes Pursuant to the provision of Public Law 91-393, approved September 1, 1970, 84 Stat. 835, amending R.S. 355 (40 U.S.C. 255), and acting under the provisions of Order No. 440-70 of the Attorney General, dated October 2, 1970, the responsibility for the approval of the sufficiency of the title to land for the purpose for which the property is being acquired by purchase or condemnation by the United States for the use of your Department is, subject to the general supervision of the Attorney General and to the following conditions, hereby delegated to your Department. This delegation of authority is further subject to: 1. Compliance with the regulations issued by the Assistant Attorney General on October 2, 1970, a copy of which is enclosed. 2. This delegation is limited to: (a) The acquisition of land for which the title evidence, prepared in compliance with these regulations, consists of a certificate of title, title insurance policy, or an owner's duplicate Torrens certificate of title. (b) The acquisition of lands valued at $100,000 or less, for which the title evidence consists of abstracts of title or other types of title evidence prepared in compliance with said regulations. As stated in the above-mentioned Act, any Federal department or agency which has been delegated the responsibility to approve land titles under the Act may request the Attorney General to render his opinion as to the validity of the title to any real property or interest therein, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles. The Chief Counsels of the Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, National Highway Traffic Safety Administration, Federal Transit Administration, the Saint Lawrence Seaway Development Corporation, Maritime Administration, and Research and Innovative Technology Administration are hereby authorized to approve the sufficiency of the title to land being acquired by purchase or condemnation by the United States for the use of their respective organizations. This delegation is subject to the limitations imposed by the Assistant Attorney General, Land and Natural Resources Division, in his delegation to the Department of Transportation. Redelegation of this authority may only be made by the Chief Counsels to attorneys within their respective organizations. If the organization does not have an attorney experienced and capable in the examination of title evidence, a Chief Counsel may, with the concurrence of the General Counsel, request the Attorney General to (1) furnish an opinion as to the validity of a title to real property or interest therein, or (2) provide advice or assistance in connection with determining the sufficiency of the title. Issued in Washington, DC, on February 10, 2016. Anthony R. Foxx, Secretary of Transportation. [FR Doc. 2016-04230 Filed 4-4-16; 8:45 am] BILLING CODE 4910-9X-P
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DEPARTMENT OF TRANSPORTATION Department of Transportation Because this final rule does not
Appropriations Act, 2015 (Pub. L. 113– significantly or uniquely affect the
Office of the Secretary 235 div. K, tit. I, 128 Stat. 2696). The communities of the Indian tribal
rule adds delegations for new sources of governments and does not impose
49 CFR Part 1 authority from those laws. Second, the substantial or direct compliance costs,
[Docket No. DOT–OST–2012–0123] rule improves and simplifies the the funding and consultation
existing delegations of authority. It requirements of Executive Order 13175
RIN 2105–AE42 removes some delegations that were do not apply.
unnecessary or no longer described the
Organization and Delegation of Powers exercise of authority within the Regulatory Flexibility Act
and Duties Department. It revises and clarifies other Because no notice of proposed
AGENCY: Office of the Secretary (OST), delegations to more accurately describe rulemaking is required for this rule
U.S. Department of Transportation current Department practice and ensure under the Administrative Procedure
(DOT). consistency with relevant statutory Act, 5 U.S.C. 553, the provisions of the
ACTION: Final rule. authorities. Regulatory Flexibility Act (5 U.S.C. 601
This final rule does not impose et seq.) do not apply. We also do not
SUMMARY: The Office of the Secretary of substantive requirements on the public. believe this rule will impose any costs
Transportation is updating the It is ministerial and relates only to the on small entities because it is merely
regulations that govern the organization Department’s organization, procedure, organizational in nature. I hereby certify
of the Department of Transportation and and practice. Therefore, the Department that this final rule will not have a
delegate authority from the Secretary to has determined that notice and significant economic impact on a
departmental officers, including the comment are unnecessary and that the substantial number of small entities.
Deputy Secretary, the Under Secretary, rule is exempt from prior notice and
comment requirements under 5 U.S.C. Paperwork Reduction Act
the General Counsel, the Assistant
Secretaries, the Inspector General, and 553(b)(3)(A). As these changes will not This final rule contains no
the heads of the Department’s Operating have a substantive impact on the public, information collection requirements
Administrations. This amendment the Department does not expect to under the Paperwork Reduction Act of
responds to the Moving Ahead for receive substantive comments on the 1995 (44 U.S.C. 3501–3520).
Progress in the 21st Century Act and the rule. Accordingly, under 5 U.S.C. Unfunded Mandates Reform Act
Department of Transportation 553(d)(3), the Department finds good
cause for this rule to be effective less The Unfunded Mandates Reform Act
Appropriations Act, 2015, removes
than 30 days after its publication in the of 1995 (2 U.S.C. 1531–1538) does not
some delegations of authority that were
Federal Register. require a written statement for this final
unnecessary or inaccurate, and revises
rule because the rule does not include
some delegations of authority to Regulatory Analyses and Notices a Federal mandate that may result in the
improve the description of current
Executive Order 12866 (Regulatory expenditure in any one year of
Department practice.
Planning and Review) and DOT $155,000,000 or more by State, local,
DATES: Effective April 5, 2016.
Regulatory Policies and Procedures and tribal governments, or the private
FOR FURTHER INFORMATION CONTACT: sector.
Michael A. Smith, Office of the General The Department has determined that
Counsel (C–10), 1200 New Jersey this final rule is not a significant National Environmental Policy Act
Avenue SE., Washington, DC 20590, regulatory action under Executive Order The agency has analyzed the
(202) 366–2917, michael.a.smith@ 12866 and DOT Regulatory Policies and
environmental impacts of this action
dot.gov. Procedures (44 FR 11034). It was not
pursuant to the National Environmental
reviewed by the Office of Management
SUPPLEMENTARY INFORMATION: Policy Act of 1969 (NEPA) (42 U.S.C.
and Budget. There are no costs
4321 et seq.) and has determined that it
Background associated with this rule.
is categorically excluded pursuant to
This final rule updates the regulations Executive Order 13132 (Federalism) DOT Order 5610.1C, Procedures for
that organize the Department of This final rule has been analyzed in Considering Environmental Impacts (44
Transportation and delegate authority accordance with the principles and FR 56420, Oct. 1, 1979). Categorical
from the Secretary of Transportation to criteria contained in Executive Order exclusions are actions identified in an
other departmental officials, including 13132 (‘‘Federalism’’). This final rule agency’s NEPA implementing
the Deputy Secretary, the Under does not have substantial direct effects procedures that do not normally have a
Secretary, the General Counsel, the on the States, on the relationship significant impact on the environment
Assistant Secretaries, the Inspector between the national government and and therefore do not require either an
General, and the heads of the Operating the States, or on the distribution of environmental assessment (EA) or
Administrations. The purpose of this power and responsibilities among the environmental impact statement (EIS).
rule is to describe to the public and various levels of government. Therefore, See 40 CFR 1508.4. In analyzing the
other government officials how the the consultation requirements of applicability of a categorical exclusion,
Department operates, which offices Executive Order 13132 do not apply. the agency must also consider whether
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
within the Department are responsible extraordinary circumstances are present
for which activities, and what authority Executive Order 13175 (Consultation that would warrant the preparation of
each office exercises. and Coordination With Indian Tribal an EA or EIS. Id. Paragraph 3.c.5 of DOT
This rule updates part 1 on Governments) Order 5610.1C incorporates by reference
Organization and Delegation of Powers This final rule has been analyzed in the categorical exclusions for all DOT
and Duties in two ways. First, the rule accordance with the principles and Operating Administrations. This action
responds to the Moving Ahead for criteria contained in Executive Order is covered by the categorical exclusion
Progress in the 21st Century Act (Pub. 13175 (‘‘Consultation and Coordination listed in the Federal Highway
L. 112–141, 126 Stat. 405) and the with Indian Tribal Governments’’). Administration’s implementing
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![Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations 19819
procedures, ‘‘[p]romulgation of rules, 1.38 Delegations to the Assistant Secretary Administrator. Appendix A to Part 1—
regulations, and directives.’’ 23 CFR for Administration. Delegations and Redelegations by
771.117(c)(20). The purpose of this 1.38a Redelegations by the Assistant Secretarial Officers
rulemaking is to update the regulations Secretary for Administration.
Authority: 49 U.S.C. 322.
1.39 Executive Secretariat.
that govern the organization of the 1.40 Departmental Office of Civil Rights.
Department and delegate authority from PART 1—ORGANIZATION AND
1.41 Delegations to the Director of the
the Secretary to departmental officers Departmental Office of Civil Rights.
DELEGATION OF POWERS AND
and the heads of the Department’s 1.42 Office of Small and Disadvantaged DUTIES
Operating Administrations. The agency Business Utilization.
does not anticipate any environmental 1.43 Delegations to the Director of the Subpart A—General
impacts, and there are no extraordinary Office of Small and Disadvantaged
§ 1.1 Overview.
circumstances present in connection Business Utilization.
1.44 Office of Intelligence, Security and This part describes the organization of
with this rulemaking. the United States Department of
Emergency Response.
List of Subjects in 49 CFR Part 1 1.45 Delegations to the Director of the Transportation and provides for the
Office of Intelligence, Security and performance of duties imposed upon,
Authority delegations (Government Emergency Response. and the exercise of powers vested in, the
agencies), Organization and functions 1.46 Office of Public Affairs. Secretary of Transportation by law.
(Government agencies). 1.47 Delegations to the Assistant to the
Secretary and Director of Public Affairs. § 1.2 Organization of the Department.
For the reasons stated in the 1.48 Office of the Chief Information Officer.
preamble, the Department of (a) The Secretary of Transportation is
1.49 Delegations to the Chief Information the head of the Department.
Transportation revises 49 CFR part 1 to Officer.
read as follows: (b) The Department comprises the
1.50 Office of Drug & Alcohol Policy &
Compliance. Office of the Secretary of Transportation
PART 1—ORGANIZATION AND 1.60 General Authorizations and (OST), the Office of the Inspector
DELEGATION OF POWERS AND Delegations to Secretarial Officers. General (OIG), and the following
DUTIES Operating Administrations, each headed
Subpart C—Office of Inspector General
by an Administrator who reports
Subpart A—General 1.70 Overview. directly to the Secretary:
Sec. 1.71 Key responsibilities. (1) The Federal Aviation
1.1 Overview. 1.72 Structure. Administration (FAA).
1.2 Organization of the Department. 1.73 Authority of Inspector General. (2) The Federal Highway
1.3 Exercise of authority. 1.74 Delegations to Inspector General.
Administration (FHWA).
1.4 Construction. Subpart D—Operating Administrations (3) The Federal Motor Carrier Safety
Subpart B—Office of the Secretary 1.80 Overview. Administration (FMCSA).
1.11 Overview. 1.81 Delegations to all Administrators. (4) The Federal Railroad
1.13 OST key responsibilities. 1.81a Redelegation by all Administrators. Administration (FRA).
1.15 OST structure. 1.82 The Federal Aviation Administration. (5) The Federal Transit
1.17 OST line of secretarial succession. 1.83 Delegations to the Federal Aviation Administration (FTA).
Administrator. (6) The Maritime Administration
OST Officials 1.84 The Federal Highway Administration. (MARAD).
1.20 Secretary of Transportation. 1.85 Delegations to the Federal Highway (7) The National Highway Traffic
1.21 Reservations of Authority to the Administrator. Safety Administration (NHTSA).
Secretary of Transportation. 1.86 The Federal Motor Carrier Safety
(8) The Pipeline and Hazardous
1.22 Deputy Secretary. Administration.
1.23 Delegations to the Deputy Secretary. 1.87 Delegations to the Federal Motor Materials Safety Administration
1.24 Under Secretary of Transportation for Carrier Safety Administrator. (PHMSA).
Policy. 1.88 The Federal Railroad Administration. (9) The Research and Innovative
1.25 Delegations to the Under Secretary of 1.89 Delegations to the Federal Railroad Technology Administration (RITA).
Transportation for Policy. Administrator. (10) The Saint Lawrence Seaway
1.25a Redelegations by the Under Secretary 1.90 The Federal Transit Administration. Development Corporation (SLSDC).
of Transportation for Policy. 1.91 Delegations to the Federal Transit
1.26 General Counsel. Administrator. § 1.3 Exercise of authority.
1.27 Delegations to the General Counsel. 1.92 The Maritime Administration. (a) In exercising powers and
1.27a Delegations to the Career Deputy 1.93 Delegations to the Maritime performing duties delegated by this part
General Counsel. Administrator. or redelegated pursuant thereto, officials
1.27b Delegations to the Assistant General 1.94 The National Highway Traffic Safety of the Department of Transportation are
Counsel for General Law. Administration.
1.30 Assistant Secretaries. 1.95 Delegations to the National Highway
governed by applicable laws, Executive
1.31 Assistant Secretary for Transportation Traffic Safety Administrator. Orders and regulations and by policies,
Policy. 1.96 The Pipeline and Hazardous Materials objectives, plans, standards, procedures,
1.32 Assistant Secretary for Aviation and Safety Administration. and limitations as may be issued from
International Affairs. 1.97 Delegations to the Pipeline and time to time by or on behalf of the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
1.33 Chief Financial Officer and Assistant Hazardous Materials Safety Secretary, or, with respect to matters
Secretary for Budget and Programs. Administrator. under their jurisdictions, by or on behalf
1.34 Delegations to the Chief Financial 1.98 The Research and Innovative of the Deputy Secretary, the Under
Officer and Assistant Secretary for Technology Administration. Secretary, the General Counsel, an
Budget and Programs. 1.99 Delegations to the Research and
1.35 Assistant Secretary for Governmental Innovative Technology Administrator.
Assistant Secretary, the Inspector
Affairs. 1.100 The Saint Lawrence Seaway General, or an Administrator. This
1.36 Delegations to the Assistant Secretary Development Corporation. includes, wherever specified, the
for Governmental Affairs. 1.101 Delegations to the Saint Lawrence requirement for advance notice to, prior
1.37 Assistant Secretary for Administration. Seaway Development Corporation coordination with, or prior approval by
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an authority other than that of the § 1.13 OST key responsibilities. (1) The Chief of Staff;
official proposing to act. (a) The OST is responsible for: (2) The Executive Secretariat;
(b) Subject to the reservations of (1) Providing leadership in (3) The Departmental Office of Civil
authority to the Secretary of formulating and executing well- Rights;
Transportation in § 1.21, the Deputy balanced national and international (4) The Office of Small and
Secretary, the Under Secretary, the transportation objectives, policies, and Disadvantaged Business Utilization;
General Counsel, the Assistant programs to ensure the Nation has safe, (5) The Office of Intelligence, Security
Secretaries, the Inspector General, and economically competitive transportation and Emergency Response;
the Administrators exercise the powers systems that support U.S. interests, that (6) The Office of Public Affairs;
and perform the duties delegated to are maintained in a state of good repair, (7) The Office of the Chief Information
them under this part. that foster environmental sustainability, Officer; and
(c) For delegations of authority vested and that support livable communities; (8) The Office of Drug & Alcohol
in the Secretary by Executive Order (2) Chairing the Department’s Safety Policy & Compliance.
13526 (see also Executive Orders 12958 Council; (b) The Under Secretary of
and 12065) originally to classify (3) Stimulating and promoting Transportation for Policy, the General
documents as secret and confidential, research and development in all modes Counsel, and the Assistant Secretaries
see § 8.11 of this subtitle. Previous and types of transportation, with special for Administration, Budget and
delegations of authority to Department emphasis on transportation safety; Programs, and Governmental Affairs
of Transportation officials to originally (4) Coordinating the various also report directly to the Secretary.
classify information as secret and transportation programs of the Federal (c) Office of the Under Secretary of
confidential are hereby rescinded. Government; Transportation for Policy. This Office is
(5) Encouraging maximum private composed of:
§ 1.4 Construction. development of transportation services; (1) The Office of the Assistant
For the purposes of this part: (6) Providing responsive, timely, and Secretary for Transportation Policy,
(a) ‘‘Federal Aviation Administrator’’ effective liaison with Congress and which includes:
is synonymous with ‘‘Administrator of public and private organizations on (i) The Office of Policy Development,
the Federal Aviation Administration.’’ transportation matters; Strategic Planning and Performance;
(b) ‘‘Federal Highway Administrator’’ (7) Providing innovative approaches (ii) The Office of Infrastructure
is synonymous with ‘‘Administrator of to urban transportation and Finance and Innovation; and
the Federal Highway Administration.’’ environmental enhancement programs; (iii) The Office of the Chief
(c) ‘‘Federal Motor Carrier Safety (8) Overseeing the Department’s Economist.
Administrator’’ is synonymous with multimodal freight policy; (2) The Office of the Assistant
‘‘Administrator of the Federal Motor (9) Providing effective management of Secretary for Aviation and International
Carrier Safety Administration.’’ the Department as a whole to ensure it Affairs, which includes:
(d) ‘‘Federal Railroad Administrator’’ achieves organizational excellence; (i) The Office of International
is synonymous with ‘‘Administrator of (10) Leading Department-wide efforts Transportation and Trade;
the Federal Railroad Administration.’’ for greater transparency and (ii) The Office of International
(e) ‘‘Federal Transit Administrator’’ is accountability; Aviation; and
synonymous with ‘‘Administrator of the (11) Administering the Department’s (iii) The Office of Aviation Analysis.
Federal Transit Administration.’’ Livable Communities initiative to (d) Office of the General Counsel. This
(f) ‘‘Maritime Administrator’’ is increase access to convenient and Office is composed of:
synonymous with ‘‘Administrator of the affordable transportation choices and (1) The Office of General Law;
Maritime Administration.’’ improve transportation networks that (2) The Office of International Law;
(g) ‘‘National Highway Traffic Safety accommodate pedestrians and bicycles; (3) The Office of Litigation;
Administrator’’ is synonymous with (12) Coordinating the Department’s (4) The Office of Legislation;
‘‘Administrator of the National Highway credit and financial assistance programs (5) The Office of Regulation and
Traffic Safety Administration.’’ by leading the Credit Council to ensure Enforcement;
(h) ‘‘Pipeline and Hazardous Materials responsible financing for the Nation’s (6) The Office of Operations, which
Safety Administrator’’ is synonymous transportation projects; includes the Freedom of Information
with ‘‘Administrator of the Pipeline and (13) Formulating and executing Act (FOIA) Office;
Hazardous Materials Safety policies to ensure effective operation of (7) The Office of Aviation
Administration.’’ the Department’s aviation economic Enforcement and Proceedings, which
(i) ‘‘Saint Lawrence Seaway program including functions related to includes the Aviation Consumer
Development Corporation consumer protection and civil rights, Protection Division; and
Administrator’’ is synonymous with domestic airline licensing matters, (8) The Center for Alternative Dispute
‘‘Administrator of the Saint Lawrence competition oversight, airline data Resolution.
Seaway Development Corporation.’’ collection, and review of international (e) Office of the Chief Financial
route negotiations and route awards to Officer and Assistant Secretary for
Subpart B—Office of the Secretary carriers; and Budget and Programs. This Office is
composed of:
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(14) Leading and coordinating Federal
§ 1.11 Overview. (1) The Office of Budget and Program
Government transportation fringe
This subpart sets forth the OST’s key benefit programs. Performance;
responsibilities, its basic organizational (b) [Reserved] (2) The Office of Financial
structure, and the line of Secretarial Management;
succession in time of need. It also § 1.15 OST structure. (3) The Office of the Chief Financial
describes the key responsibilities of (a) Secretary and Deputy Secretary. Officer for the Office of the Secretary;
OST officials, and sets forth delegations The Secretary and Deputy Secretary are and
and reservations of authority to those assisted by the following, all of which (4) The Office of Credit Oversight and
officials. report directly to the Secretary: Risk Management.
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(D) Transfer of personnel to Schedule other actions of the Maritime Subsidy (b) Serve as Chairman of the
A, B, C, or D positions or non-career Board. Departmental Executive Resources
executive assignment positions, either (12) Cash purchases of passenger Board and its Executive Committee.
permanently or on detail; and transportation. The authority under 41 (c) Serve as the Chair of the
(E) Transfer of personnel from CFR 301–51.100 to authorize and Department’s Safety Council.
Schedule A, B, C, or D or non-career approve cash purchases for emergency (d) Serve as the Chair of the
executive assignment positions to career passenger transportation services Department’s Credit Council.
Civil Service positions. costing more than $100. (e) Approve the establishment,
(v) Approval of employment of (13) Solicitation of gifts. The implied modification, extension, or termination
experts or consultants. authority to solicit gifts associated with of:
(vi) Authority to determine the 49 U.S.C. 326(a). (1) Department-wide (intra-
maximum limit of age for appointment (14) Foreign travel. Approving official department) committees affecting more
of air traffic controllers as provided by travel outside of the United States. than one program.
(15) United States Merchant Marine (2) OST-sponsored interagency
5 U.S.C. 3307(b).
Academy. Pursuant to 49 U.S.C. 51303, committees.
(vii) Authority to develop, coordinate, (f) Approve the designation of:
the authority to appoint each year
and issue wage schedules under the (1) Departmental representatives and
without competition as cadets at the
Federal Wage system. the chairman for interagency
United States Merchant Marine
(5) Security. (i) Authorizing the filling Academy not more than 40 qualified committees sponsored by the Office of
of a critical-sensitive position for a individuals with qualities the Secretary the Secretary.
limited period by a person on whom a considers to be of special value to the (2) Departmental members for
preappointment full field investigation Academy. international committees.
has not been completed (Executive (16) Challenges and competitions. (g) Serve as the representative of the
Order 10450) as amended and Executive Approving any challenge or competition Secretary on the board of directors of
Order 12968 as amended by Executive administered by any office or Operating the National Railroad Passenger
Order 13467. Administration of the Department. Corporation and carry out the functions
(ii) Requesting Presidential approval (17) Committees. Approving the vested in the Secretary as a member of
of a claim of executive privilege with establishment, modification, extension, the board by 49 U.S.C. 24302.
respect to information requested by a or termination of all advisory (h) Approve the initiation of
Congressional committee or Member of committees (including industry regulatory action, as defined in
Congress. advisory committees) subject to the Executive Order 12866, by Secretarial
(iii) Making determinations Federal Advisory Committee Act (Pub. offices and Operating Administrations.
prescribed by Executive Order 12968 as L. 92–463; 5 U.S.C. App.), and the
amended by Executive Order 13467 and § 1.24 Under Secretary of Transportation
designation of Departmental for Policy.
32 CFR part 147 relating to the representatives to those committees.
adjudication and final denial of access (18) Credit assistance approval. The Under Secretary provides
to classified information to industry Granting final approval of applications leadership in the Department’s
personnel. for credit assistance under the development of policies and programs
(iv) Making those determinations or Transportation Infrastructure Finance to protect and enhance the safety,
delegations prescribed by Executive and Innovation Act (TIFIA), 23 U.S.C. adequacy, and efficiency of the
Order 13526 that are reserved to the 601–609. transportation system and services. The
head of the Department. Office of the Under Secretary serves as
(6) Procurement. Exercising the § 1.22 Deputy Secretary. the focal point within the Federal
extraordinary authority for defense Along with the Secretary, the Deputy Government for coordination of
contracts provided for in Pub. L. 85–804 Secretary exercises oversight of all of intermodal transportation policy, which
[(50 U.S.C. 1431–1435)]. the OST components, as well as each of brings together departmental intermodal
(7) Printing. Requesting approval of the Operating Administrations, and perspectives, advocates intermodal
the Joint Committee on Printing for any overall planning, direction, and control interests, and provides secretarial
procurement or other action requiring of the Department’s agenda. The Deputy leadership and visibility on issues that
Committee approval. Secretary: involve or affect more than one
(8) Interagency agreements. Executing (a) May exercise the authority of the Operating Administration.
any written interdepartmental or Secretary, except where specifically
§ 1.25 Delegations to the Under Secretary
interagency agreement with the head of limited by law, order, regulation, or
of Transportation for Policy.
another executive department or agency. instructions of the Secretary;
(b) Serves as the Chief Operating The Under Secretary is delegated the
(9) Withholding of funds. Withholding following authorities:
or suspension of Federal-Aid Highway Officer; and
(c) Serves as the Chief Acquisition (a) Lead the development of
funds on a state-wide basis and the transportation policy and serve as the
Officer.
waiver or compromise of such principal adviser to the Secretary on all
withholding or suspension, except for § 1.23 Delegations to the Deputy transportation policy matters.
the administration of 23 U.S.C. 141, 158, Secretary. (b) Establish policy and ensure
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
159, 161, and 163 which are specifically The Deputy Secretary may exercise uniform departmental implementation
delegated in §§ 1.85 (FHWA) and 1.95 the authority of the Secretary, except of the National Environmental Policy
(NHTSA). where specifically limited by law, order, Act of 1969, Pub. L. 91–190, as amended
(10) National Highway Safety regulations, or instructions of the (42 U.S.C. 4321–4347) within the
Advisory Committee. Directing the Secretary. In addition, the Deputy Department of Transportation.
National Highway Safety Advisory Secretary is delegated authority to: (c) Oversee the implementation of 49
Committee to meet (23 U.S.C. 404(c)). (a) Exercise executive control over U.S.C. 303 (Policy on lands, wildlife
(11) Maritime Subsidy Board. Departmental Budgeting and Program and waterfowl refuges, and historic
Reviewing decisions, reports, orders and Evaluation. sites).
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(d) Represent the Secretary of (2) The following chapters of title 49, day activities associated with
Transportation on various interagency U.S.C., except as related to departmental implementation of section 11143
boards, committees, and commissions to regulation of airline consumer regarding private activity bonds and tax-
include the Architectural and protection and civil rights which is exempt financing of highway projects
Transportation Barriers Compliance delegated to the General Counsel at and rail-truck facilities.
Board and the Advisory Council on § 1.27: (m) In coordination with the General
Historic Preservation and the Trade (i) Chapter 411 of title 49, U.S.C., Counsel, carry out the duties of the
Policy Review Group and the Trade relating to air carrier certification; Secretary under Executive Orders 12866
Policy Staff Committee. (ii) Chapter 413 of title 49, U.S.C., and 13563 to establish the values of
(e) Serve as the Department’s relating to foreign air transportation; time and statistical life in connection
designated principal conservation (iii) Chapter 415 of title 49, U.S.C., with assessing the costs and benefits of
officer pursuant to section 656 of the relating to pricing; Departmental regulatory action.
Department of Energy Organization Act, (iv) Chapter 417 of title 49, U.S.C., (n) Carry out the functions vested in
Pub. L. 94–91 [42 U.S.C. 7266], and relating to the operations of air carriers, the Secretary by 49 U.S.C. 47129,
carry out the functions vested in the except sections 41721–41723; relating to resolution of disputes over
Secretary by section 656 of the Act, (v) Chapter 419 of title 49, U.S.C. and the reasonableness of fees imposed
which pertains to planning and 39 U.S.C. 5402, relating to the upon air carriers.
implementing energy conservation transportation of mail; and (o) Carry out the functions and
matters with the Department of Energy. (vi) Section 42303 of 49 U.S.C., exercise the authority vested in the
(f) Carry out the functions of the relating to the management of the Web Secretary by 23 U.S.C. 167(f) (National
Secretary pertaining to aircraft with site regarding the use of insecticides in Freight Strategic Plan).
respect to Transportation Order T–1 (44 passenger aircraft.
CFR chapter IV) under the Defense (3) Section 42111 of title 49, U.S.C. § 1.25a Redelegations by the Under
Production Act of 1950, as amended, with respect to mutual aid agreements Secretary of Transportation for Policy.
Pub. L. 81–774, 64 Stat. 798 [50 U.S.C. as it relates to foreign air transportation; (a) The Assistant Secretary for
App. 2061 et seq.] and Executive Order (4) Chapters 461 and 463 of title 49, Transportation Policy is redelegated
10480, as amended (see also Executive U.S.C., relating to aviation authority to:
Order 10773 and 12919). investigations, proceedings, and (1)(i) Redelegate and authorize
(g) Serve as Department of penalties under Part A of Subtitle VII of successive redelegation of authority
Transportation member of the title 49, U.S.C. except for those sections granted in this paragraph (a) to officials
Interagency Group on International delegated to the General Counsel under within the Office of the Assistant
Aviation, and pursuant to Executive § 1.27, and to the Federal Aviation Secretary for Transportation Policy,
Order 11382, as amended, serve as Chair Administrator under § 1.83; except as limited by law or specific
of the Group. (5) Chapter 473 of title 49, U.S.C., administrative reservation.
(h) Serve as second alternate relating to international airport (ii) Publish, in appendix A of this
representing the Secretary of facilities. part, redelegations made under
Transportation to the Trade Policy (6) Section 11 of the Clayton Act, Pub. paragraph (a)(1)(i) of this section.
Committee as mandated by L. 63–212 [15 U.S.C. 21], relating to air (2) Establish policy and maintain
Reorganization Plan No. 3 of 1979 (5 carriers and foreign air carriers. oversight of implementation of the
U.S.C. App. at 1381), as amended, and (7) Section 3 of An Act to Encourage National Environmental Policy Act of
Executive Order 12188, as amended. Travel in the United States, and for 1969, Pub. L. 91–190, as amended (42
(i) As supplemented by 14 CFR part other purposes, Pub. L. 76–755, 54 Stat. U.S.C. 4321–4347) within the
385, and except as provided in §§ 1.99(j) 773 [16 U.S.C. 18b]. Department of Transportation.
(RITA), and 1.27 (General Counsel) of (8) Sections 108(a)(4), 621(b)(5), (3) Oversee the implementation of 49
this part, carry out the functions 704(a)(5), and 814(b)(5) of the Consumer U.S.C. 303 (Policy on lands, wildlife
transferred to the Department from the Credit Protection Act, Pub. L. 90–321 and waterfowl refuges, and historic
Civil Aeronautics Board and other [15 U.S.C. 1607(a)(4), 1681s(b)(5), sites).
related functions and authority vested 1691c(a)(5), and 1692l(b)(5)]. (4) Represent the Secretary of
in the Secretary under the following: (j) Carry out the functions vested in Transportation on various interagency
(1) Sections 40103(a)(2) (relating to the Secretary by 49 U.S.C. 44907(b)(1), boards, committees, and commissions to
the consultation with the Architectural (c), and (e) related to the security of include the Architectural and
and Transportation Barriers Compliance foreign airports in coordination with the Transportation Barriers Compliance
Board before prescribing regulations or General Counsel, the Federal Aviation Board and the Advisory Council on
procedures that will have a significant Administrator, and the Assistant Historic Preservation and the Trade
impact on accessibility of commercial Secretary for Administration. Policy Review Group and the Trade
airports for handicapped individuals), (k) Carry out section 101(a)(2) of the Policy Staff Committee.
and (c) (relating to foreign aircrafts); Air Transportation Safety and System (5) Serve as the Department’s
40105 (relating to international Stabilization Act, Pub. L. 107–42 [49 designated principal conservation
negotiations, agreements, and U.S.C. 40101 note], as delegated to the officer pursuant to section 656 of the
obligations); 40109(a), (c), (g), 46301(b) Secretary of Transportation by the Department of Energy Organization Act,
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(smoke alarm penalty), (d), (f), (g) President pursuant to the Presidential Pub. L. 94–91 [ 42 U.S.C. 7266], and
(relating to the authority to exempt Memorandum dated September 25, carry out the functions vested in the
certain air carriers) and (h); 40113(a) 2001, 3 CFR, 2001 Comp., p. 911. Secretary by section 656 of the Act,
and (c); 40114(a) (relating to reports and (l) Exercise the authority vested in the which pertains to planning and
records); 40115 (relating to the Secretary by section 11143 of the Safe, implementing energy conservation
withholding of information from public Accountable, Flexible, Efficient matters with the Department of Energy.
disclosure) of Chapter 401 of 49 U.S.C.; Transportation Equity Act: A Legacy for (6) Carry out the functions of section
and 40116 (relating to the Anti-Head Users, Pub. L. 109–59, 119 Stat. 1144 42303 of 49 U.S.C., relating to the
Tax Act); (SAFETEA–LU), to manage the day-to- management of the Web site regarding
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the use of insecticides in passenger Board before prescribing regulations or Secretary of Transportation by the
aircraft. procedures that will have a significant President pursuant to the Presidential
(7) In coordination with the General impact on accessibility of commercial Memorandum dated September 25,
Counsel, carry out the duties of the airports for handicapped individuals), 2001, 3 CFR, 2001 Comp., p. 911.
Secretary under Executive Orders 12866 and (c) (relating to foreign aircrafts); (9) Carry out the functions vested in
and 13563 to establish the value of 40105 (relating to international the Secretary by 49 U.S.C. 47129,
statistical life in connection with negotiations, agreements, and relating to resolution of disputes over
assessing the costs and benefits of obligations); 40109(a), (c), (g), 46301(b) the reasonableness of fees imposed
Departmental regulatory action. (smoke alarm penalty), (d), (f), (g) upon air carriers.
(8) Carry out the duties of the (relating to the authority to exempt
Secretary under Executive Orders 12866 § 1.26 General Counsel.
certain air carriers) and (h); 40113(a)
and 13563 to establish the value of time and (c); 40114(a) (relating to reports and The General Counsel is the chief legal
in connection with assessing the costs records); 40115 (relating to the officer of the Department, legal advisor
and benefits of Departmental regulatory withholding of information from public to the Secretary, and final authority
action. disclosure; and 40116 (relating to the within the Department on questions of
(b) The Assistant Secretary for Anti-Head Tax Act); law. The Office of the General Counsel
Aviation and International Affairs is (ii) The following chapters of title 49, provides legal advice to the Secretary
redelegated authority to: U.S.C., except as related to departmental and secretarial offices, and supervision,
(1)(i) Redelegate and authorize regulation of airline consumer coordination, and review of the legal
successive redelegation of authority protection and civil rights which is work of the Chief Counsel Offices in the
granted in this paragraph (b) to officials delegated to the General Counsel at Department. The General Counsel
within the Office of the Assistant § 1.27: participates with each Operating
Secretary for Aviation and International (A) Chapter 411, relating to air carrier Administrator in the performance
Affairs, except as limited by law or certification; reviews of Chief Counsel. The General
specific administrative reservation. (B) Chapter 413, relating to foreign air Counsel is responsible for retention of
(ii) Publish, in appendix A of this transportation; outside counsel, and for the approval of
part, redelegations made under (C) Chapter 415, relating to pricing; the hiring and promotion of
paragraph (b)(1)(i) of this section. (D) Chapter 417, relating to the departmental attorneys (other than in
(2) Carry out the functions of the operations of air carriers, except section the Federal Aviation Administration).
Secretary pertaining to aircraft with 41721–41723; The General Counsel is also responsible
respect to Transportation Order T–1 (44 (E) Chapter 419, and 39 U.S.C. 5402, for departmental regulation under
CFR chapter IV) under the Defense relating to the transportation of mail; statutes including the Air Carrier Access
Production Act of 1950, as amended, (iii) Section 42111 of title 49, U.S.C. Act, statutes prohibiting unfair and
Pub. L. 81–774, 64 Stat. 798 [50 U.S.C. with respect to mutual aid agreements deceptive practices in air transportation,
App. 2061 et seq.] and Executive Order as it relates to foreign air transportation; the Americans with Disabilities Act, the
10480, as amended (see also Executive (iv) Chapters 461 and 463 of title 49, Disadvantaged Business Enterprise
Order 10773 and 12919). U.S.C., relating to aviation program, and the Uniform Time Act.
(3) Serve as Department of investigations, proceedings, and The General Counsel coordinates all
Transportation member of the penalties under Part A of 49 U.S.C. international legal matters, and
Interagency Group on International Subtitle VII except for those sections departmental participation in
Aviation, and pursuant to Executive delegated to the General Counsel under proceedings before other federal and
Order 11382, serve as Chair of the § 1.27, and to the Federal Aviation state agencies. The General Counsel
Group. Administrator under § 1.83; provides oversight of departmental
(4) Serve as second alternate (v) Chapter 473 of title 49, U.S.C., litigation, regulation, legislation,
representing the Secretary of relating to international airport Freedom of Information Act
Transportation to the Trade Policy facilities. compliance, and administrative
Committee as mandated by (vi) Section 11 of the Clayton Act, enforcement.
Reorganization Plan No. 3 of 1979 (5 Pub. L. 63–212 [15 U.S.C. 21], relating
U.S.C. App. at 1381), as amended, and to air carriers and foreign air carriers. § 1.27 Delegations to the General Counsel.
Executive Order 12188. (vii) Section 3 of An Act to Encourage The General Counsel is delegated
(5) Represent the Department of Travel in the United States, and for authority to:
Transportation at the Trade Policy other purposes, Pub. L. 76–755, 54 Stat. (a) Conduct all rulemaking
Committee Review Group and the Trade 773 [16 U.S.C. 18b]. proceedings under the Americans with
Policy Staff Committee, which were (viii) Sections 108(a)(4), 621(b)(5), Disabilities Act, the Disadvantaged
established at 15 CFR part 2002 as 704(a)(5), and 814(b)(5) of the Consumer Business Enterprise program, and the
subordinate bodies of the Trade Policy Credit Protection Act, Pub. L. 90–321 Uniform Time Act, as amended (15
Committee. [15 U.S.C. 1607(a)(4), 1681s(b)(5), U.S.C. 260 et seq.).
(6) As supplemented by 14 CFR part 1691c(a)(5), and 1692l(b)(5)]. (b) Determine the practicability of
385, and except as provided in §§ 1.99 (7) Carry out the functions vested in applying the standard time of any
(RITA), and 1.27 (General Counsel), the Secretary by 49 U.S.C. 44907(b)(1), standard time zone to the movements of
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
carry out the functions transferred to the (c), and (e) related to the security of any common carrier engaged in
Department from the Civil Aeronautics foreign airports in coordination with the interstate or foreign commerce and issue
Board and other related functions and General Counsel, the Federal Aviation operating exceptions in any case in
authority vested in the Secretary under Administrator, and the Assistant which the General Counsel determines
the following provisions of Title 49, Secretary for Administration. that it is impractical to apply the
U.S.C.: (8) Carry out section 101(a)(2) of the standard time (49 CFR 71.1).
(i) Sections 40103(a)(2) (relating to the Air Transportation Safety and System (c) Issue regulations making editorial
consultation with the Architectural and Stabilization Act, Pub. L. 107–42 [49 changes or corrections to the regulations
Transportation Barriers Compliance U.S.C. 40101 note], as delegated to the of the Office of the Secretary.
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(d) Grant permission, under specific regulation of airline consumer L. 101–410, 104 Stat. 890), as amended
circumstances, to deviate from a policy protection and civil rights pursuant to by the Debt Collection Improvement Act
or procedure prescribed by the chapters 401 (General Provisions), 411 of 1996 (Pub. L. 104–134, 110 Stat.
regulations of the Office of the Secretary (Air Carrier Certificates), 413 (Foreign 1321), to promulgate rules that adjust
(49 CFR part 9) with respect to the Air Transportation), 417 (Operations of civil penalties with respect to aviation
testimony of OST employees as Carriers), and 423 (Passenger Air enforcement.
witnesses in legal proceedings, the Service Improvements) of title 49 U.S.C. (u) In coordination with the Under
serving of legal process and pleadings in (o) Carry out the functions vested in Secretary, to carry out the duties of the
legal proceedings involving the the Secretary by 49 U.S.C. 40119(b) Secretary under Executive Orders 12866
Secretary or his Office, and the (Security and research and development and 13563 to establish the value of
production of records of that Office activities), as implemented by 49 CFR statistical life in connection with
pursuant to subpoena. part 15 (Protection of Sensitive Security assessing the costs and benefits of
(e) Respond to petitions for Information), in consultation and Departmental regulatory action.
rulemaking or petitions for exemptions coordination with the Office of (v) Approve the initiation of
in accordance with 49 CFR 5.13(c) Intelligence, Security and Emergency regulatory action, as defined in
(Processing of petitions), and notify Response. Executive Order 12866, by Secretarial
petitioners of decisions in accordance (p) Appear on behalf of the offices and Operating Administrations
with 49 CFR 5.13(d). Department on the record in hearing in the event that the Deputy Secretary
(f) Provide counsel to employees on cases, and initiate and carry out is absent or otherwise unavailable to
questions of conflict of interest covered enforcement actions on behalf of the exercise such authority (see § 1.23(h)).
by departmental regulations on Department, under the authority (w) Approve requests to reclassify
employee responsibility and conduct. transferred to the Department from the rulemakings as non-significant under
(g) Coordinate the issuance of Civil Aeronautics Board as described in DOT procedures.
proposed Executive Orders and §§ 1.25 and 1.25a (delegations to and
proclamations for transmittal to the redelegations by the Under Secretary), § 1.27a Delegations to the Career Deputy
Office of Management and Budget for and 1.99 (RITA). This includes the General Counsel.
action by the White House. authority to compromise penalties The career Deputy General Counsel is
(h) Except with respect to proceedings under 49 U.S.C. 46301 (civil penalties); delegated authority to:
relating to safety fitness of an applicant to issue appropriate orders, including (a) Serve as the Department’s
(49 U.S.C. 307), decide on requests to cease and desist orders, under 49 U.S.C. Designated Agency Ethics Official in
intervene or appear before courts (with 46101 (complaints and investigations); accordance with 5 CFR 2638.202;
the consent of the Department of Justice) and to require the production of (b) Serve as the Department’s Dispute
or agencies to present the views of the information, under 49 U.S.C. 41708, Resolution Specialist pursuant to
Department, subject to the concurrence enter carrier property and inspect section 3(b) of the Alternative Dispute
of the Secretary. records, under 49 U.S.C. 41709, and Resolution Act of 1996, Pub. L. 104–
(i) Exercise the authority delegated to inquire into the management of the 320, 5 U.S.C. App.; and
the Department by the Assistant business of a carrier under 49 U.S.C. (c) Serve as the Department’s Chief
Attorney General, Land and Natural 41711 (Air carrier management inquiry FOIA Officer under 5 U.S.C. 552(j).
Resources Division, in his order of and cooperation with other authorities),
October 2, 1970, to approve the as appropriate to the enforcement § 1.27b Delegations to the Assistant
sufficiency of the title to land being General Counsel for General Law.
responsibilities. In the event that such
acquired by purchase or condemnation an enforcement matter comes before the The Assistant General Counsel for
by the United States for the use of the Secretary of Transportation for General Law is delegated authority to
Department. (See also Appendix 1 adjudication, the Deputy General serve as the Department’s Alternate
relating to delegations to Operating Counsel shall advise the Secretary. Agency Ethics Official in accordance
Administration Chief Counsel). (q) Initiate and carry out enforcement with 5 CFR 2638.202.
(j) Exercise the Secretary’s authority actions relating to: § 1.30 Assistant Secretaries.
under 28 U.S.C. 2672 and 28 CFR part (1) Foreign airport security on behalf
14, related to the administrative of the Department under 49 U.S.C. (a) In performing their functions, the
disposition of federal tort claims, for 44907; and Assistant Secretaries are responsible for
claims involving the Office of the (2) The Consumer Credit Protection continuing liaison and coordination
Secretary. Act under section 4(a)(5) of the Civil among themselves and with the
(k) Compromise, suspend collection Aeronautics Board Sunset Act of 1984 Operating Administrations to:
action on, or terminate claims of the (Pub. L. 98–443) [15 U.S.C. 1607(a)(4), (1) Avoid unnecessary duplication of
United States that are referred to, or 1681s(b)(5), 1691c(a)(5) and 1692l(b)(5)]. effort by or in conflict with the
arise out of the activities of the Office (r) Administer 5 U.S.C. 552 (FOIA) performance of similar activities by the
of the Secretary of Transportation. and 49 CFR part 7 (Public Availability Operating Administrations and the
(l) Conduct coordination with foreign of Information) in connection with the other Assistant Secretaries pursuant to
governments under section 118 of the records of the Office of the Secretary their Secretarial delegations of authority
Deep Seabed Hard Mineral Resources and issue procedures to ensure uniform or other legal authorities; and
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Act (30 U.S.C. 1428). departmental implementation of statutes (2) Assure that the views of the
(m) Exercise review authority under and regulations regarding public access Operating Administrations are
49 U.S.C. 41307 (related actions about to records. considered in developing departmental
foreign air transportation) delegated to (s) Prepare reports by carriers on policies, plans, and proposals. The
the Secretary by the President in incidents involving animals during air Assistant Secretaries are also available
Executive Order 12597. transport pursuant to 49 U.S.C. 41721. to assist, as appropriate, the Operating
(n) Assist and protect consumers in (t) Exercise authority vested in the Administrations in implementing
their dealings with the air transportation Secretary by the Federal Civil Penalties departmental policy and programs. As
industry and conduct all departmental Inflation Adjustment Act of 1990 (Pub. primary staff advisors to the Secretary,
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(2) Establish departmental human § 1.40 Departmental Office of Civil Rights. (g) Genetic Information
capital performance objectives and The Departmental Office of Civil Nondiscrimination Act of 2008, 42
metrics. Rights serves as the Department’s Equal U.S.C. 2000ff et seq.
(3) Conduct a personnel management Employment Opportunity (EEO) Officer (h) Equal Pay Act of 1963, 29 U.S.C.
program for the Office of the Secretary and Title VI Coordinator. The Director 206(d).
with authority to take, direct others to also serves as principal advisor to the (i) Alcohol, Drug Abuse, and Mental
take, recommend or approve any Secretary and the Deputy Secretary on Health Administration Reorganization
personnel action with respect to such the civil rights and nondiscrimination Act (Pub. L. 102–321)
authority. statutes, regulations, and Executive (j) Chapter XIV of subtitle B, of title
(4) Concur in the appointment and Orders applicable to the Department, 29 of the CFR (Equal Employment
promotion of all Human Resources (HR) including titles VI and VII of the Civil Opportunity Commission Regulations).
Directors in each Operating (k) Title VIII of the Civil Rights Act of
Rights Act of 1964, as amended, the Age
Administration and participate in the 1968 (Pub. L. 90–284) [42 U.S.C. 3601
Discrimination in Employment Act of
performance reviews of HR Directors. et seq.].
1967, as amended, the Age (l) 40 U.S.C. 476 (prohibition on sex
(5) Provide policy and overall Discrimination Act of 1975, as discrimination).
direction in the execution of the DOT amended, section 504 of the (m) Title IX of the Education
Labor-Management Relations Program. Rehabilitation Act of 1973, as amended, Amendments of 1972, 20 U.S.C. 1681.
(6) Develop and operate the Federal the Americans with Disabilities Act of (n) In coordination with the Assistant
Employee Workplace Drug and Alcohol 1990, the Equal Pay Act of 1963, the Secretary for Transportation Policy,
Testing Program in accordance with ADA Amendments Act of 2008, and the Executive Order 12898 (‘‘Federal
Executive Order 12564 and The Genetic Information Nondiscrimination Actions to Address Environmental
Omnibus Transportation Employee Act of 2008. The Departmental Office of Justice in Minority Populations and
Testing Act of 1991, Public Law 102– Civil Rights provides guidance to the Low-Income Populations’’) (See also
143, Title V. Operating Administrations and Executive Order 12948).
(7) Develop, coordinate, and issue Secretarial officers on these matters. The (o) 49 U.S.C. 306 (prohibition on
wage schedules for Department Office periodically reviews and discrimination in programs receiving
employees under the Federal Wage evaluates the civil rights programs of the financial assistance), 5310
System. Operating Administrations to ensure (transportation for elderly persons and
(c) The Director of Financial that recipients of financial assistance persons with disabilities), 5332
Management within the Office of the meet applicable Federal civil rights (nondiscrimination in mass
Assistant Secretary for Administration requirements. transportation), 41705 (discrimination
is redelegated the authority to: by air carriers against handicapped
§ 1.41 Delegations to the Director of the
(1) Settle and pay claims by Working Departmental Office of Civil Rights. persons), 47113 (minority and
Capital Fund employees for personal disadvantaged business participation),
property losses as provided by 31 U.S.C. The Director of the Departmental and 47123 (nondiscrimination in airport
3721 if the amount of the payment does Office of Civil Rights is delegated improvement programs).
not exceed $500. authority to conduct all stages of the (p) 23 U.S.C. 324 and 402(b)(1)(D)
(d) The Director, Transit Benefit formal employment discrimination (nondiscrimination in highway
Program is redelegated the authority to: complaints process (including programs).
(1) Oversee the Department’s acceptance/dismissal, investigation, and (q) The Intermodal Surface
transportation fringe benefit program final adjudication); to provide guidance Transportation Efficiency Act of 1991,
under 5 U.S.C. 7905 and 26 U.S.C. to the Operating Administrations and Public Law 102–240, 105 Stat. 1919,
132(f). Secretarial officers concerning the section 1003.
(2) Consult with and provide implementation and enforcement of all
civil rights laws, regulations and § 1.42 Office of Small and Disadvantaged
guidance to other Federal agencies on Business Utilization.
transportation fringe benefit programs Executive Orders for which the
Department is responsible; to otherwise The Director of the Office of Small
under 5 U.S.C. 7905 and 26 U.S.C. and Disadvantaged Business Utilization
132(f). perform activities to ensure compliance
with external civil rights programs; and ensures that the Department’s small and
(3) Establish and maintain uniform disadvantaged business policies and
to review and evaluate the Operating
Federal Government standards for programs are developed in a fair,
Administrations’ enforcement of these
developing and supporting Federal efficient, and effective manner. The
authorities. These authorities include:
agencies’ transportation fringe benefit Office is responsible for the
programs under 5 U.S.C. 7905 and 26 (a) Title VI and VII of the Civil Rights
Act of 1964, 42 U.S.C. 2000d et seq. and Department’s implementation and
U.S.C. 132(f). execution of the functions and duties
2000e et seq.
§ 1.39 Executive Secretariat. (b) Sections 501 and 504 of the under the Small Business Act, and
The Executive Secretariat provides Rehabilitation Act of 1973, 29 U.S.C. providing opportunities, technical
organized staff services to the Secretary 791 and 794–794a. assistance, and financial services to the
and Deputy Secretary to assist them in (c) Age Discrimination in small and disadvantaged business
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
carrying out their management Employment Act of 1967, 29 U.S.C. 621 community.
functions and their responsibilities for et seq. § 1.43 Delegations to the Director of the
formulating, coordinating and (d) Age Discrimination Act of 1975, Office of Small and Disadvantaged
communicating major policy decisions. 42 U.S.C. 6101 et seq. Business Utilization.
The Office controls and coordinates (e) Americans with Disabilities Act of The Director of Small and
internal and external material directed 1990, 42 U.S.C. 12101–121213. Disadvantaged Business Utilization is
to the Secretary and Deputy Secretary (f) ADA Amendments Act of 2008 delegated authority to:
and ensures that their decisions and (Pub. L. 110–325) [42 U.S.C. 12101 (a) Exercise departmental
instructions are implemented. Note]. responsibility for the implementation
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and execution of functions and duties Homeland Security and other include appointing the Associate
under sections 2[8] and 2[15] of the Departments and Agencies related to Director for Intelligence as the DOT
Small Business Act (Pub. L. 85–836) [15 transportation security and Information Sharing Program Manager
U.S.C. 637 and 644]. transportation infrastructure protection to coordinate day-to-day Information
(b) Carry out the functions vested in as required by Homeland Security Sharing Environment matters.
the Secretary by 49 U.S.C. 332 (Minority Presidential Directive 7, Critical (o) Carry out departmental
Resource Center). Infrastructure Identification, responsibilities under Executive Order
Prioritization, and Protection. 13587 (‘‘Structural Reforms to Improve
§ 1.44 Office of Intelligence, Security and
Emergency Response.
(d) Together with the Assistant the Security of Classified Networks and
Secretary for Administration, carry out the Responsible Sharing and
The Director of the Office of
oversight and management of the duties Safeguarding of Classified Information’’)
Intelligence, Security and Emergency
pertaining to national security including overseeing classified
Response is responsible for the
professional development assigned to information sharing and safeguarding
development, coordination, and
the Secretary under Executive Order efforts for DOT. Oversee the day-to-day
execution of plans and procedures for
13434 (‘‘National Security Professional activities for monitoring the Top Secret
the Department to balance
Development’’). and Secret classified network used by
transportation security requirements (e) Together with the Office of the DOT and function as the Senior Official
with the safety, mobility and economic Assistant Secretary for Aviation and
needs of the Nation through effective principally responsible for establishing
International Affairs, coordinate the and implementing the DOT Insider
intelligence, security, preparedness and
Department’s responsibilities under Threat Program.
emergency response programs. The
National Security Presidential Directive (p) Serve as the department’s program
Director is the Department’s principal
44, Management of Interagency Efforts manager responsible for oversight of all
Emergency Coordinator for the
Concerning Reconstruction and intelligence programs, to include the
implementation of these programs.
Stabilization, and Presidential Decision DOT Counterintelligence effort as it
§ 1.45 Delegations to the Director of the Directive 56, Managing Complex pertains to the DOT classified networks,
Office of Intelligence, Security and Contingency Operations, pertaining to and coordinate intelligence matters
Emergency Response. interagency reconstruction and throughout the department. Nothing in
The Director of Intelligence, Security, stabilization assistance. this provision is intended to prohibit or
and Emergency Response is delegated (f) Lead departmental efforts limit a component’s ability to conduct
authority to: pertaining to transportation-related intelligence activities authorized by law.
(a) Carry out the functions related to international civil emergency (q) Carry out the functions under the
emergency preparedness and response preparedness activities, including Defense Production Act of 1950, Public
vested in the Secretary by the following coordinating DOT representation on Law 81–774, 64 Stat. 798, as amended
authorities: 49 U.S.C. 101 and 301; North Atlantic Treaty Organization (50 U.S.C. app. 2061 et seq.), that were
Executive Order 12148, as amended committees, as directed under Executive vested in the Secretary by Executive
(‘‘Federal Emergency Management’’); Order 12656 (as amended; see Executive Order 13603 (‘‘National Defense
Executive Order 12656 (‘‘Assignment of Order 13286). Resources Preparedness’’).
Emergency Preparedness (g) Carry out the functions vested in
Responsibilities’’) (as amended; see the Secretary by 49 U.S.C. 40119(b), as § 1.46 Office of Public Affairs.
Executive Order 13286); Executive implemented by 49 CFR part 15, in The Director of Public Affairs is the
Order 12742 (‘‘National Security consultation and coordination with the principal advisor to the Secretary and
Industrial Responsiveness’’); Executive General Counsel. Secretarial Officers on public affairs
Order 13434 (‘‘National Security (h) Oversee the Department’s issues. The Office of Public Affairs
Professional Development’’); protective service program. prepares news releases and supporting
Reorganization Plan No. 3 of 1978 (5 (i) Serve as the Secretary’s media materials, and maintains a new
U.S.C. app at 235 (2012); and such other representative to the Transportation media presence. The Office also
statutes, executive orders, and other Security Oversight Board, in accordance provides information to the Secretary on
directives as may pertain to emergency with 49 U.S.C. 115, when so designated. opinions and reactions of the public and
preparedness and response. (j) Lead Departmental participation in news media on programs and
(b) Serve as the Department’s internal and interagency planning transportation issues. The Office of
Continuity Coordinator in accordance efforts related to preparedness in Public Affairs is responsible for the
with National Security Presidential accordance with Presidential Policy supervision, coordination, and review of
Directive 51/Homeland Security Directive 8, National Preparedness, in the activities of the public affairs offices
Presidential Directive 20, National coordination with the Under Secretary. within the Operating Administrations.
Continuity Policy, and Federal (k) Serve as the Secretary’s senior
Continuity Directives (FCD) 1 Federal advisor on matters pertaining to public § 1.47 Delegations to the Assistant to the
Executive Branch National Continuity health, biological, and medical matters. Secretary and Director of Public Affairs.
Program and Requirements and FCD 2 (l) Develop departmental plans to The Assistant to the Secretary and
Federal Executive Branch Mission support the Department of Defense Civil Director of Public Affairs is delegated
Essential Function and Primary Mission Reserve Air Fleet (CRAF) program and authority to:
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Essential Function Identification and allocate civil air carrier aircraft to CRAF (a) Monitor the overall public
Submission Process. Provide leadership based on Department of Defense information program and review and
for departmental programs pertaining to requirements. approve departmental informational
intelligence related to the transportation (m) Oversee operation of the materials having policy-making
sector, transportation security policy, Department’s Crisis Management ramifications before they are printed
and civil transportation emergency Center. and disseminated.
preparedness and response activities. (n) Lead departmental efforts for all (b) Carry out the functions to promote
(c) Lead departmental collaboration interaction with the Program Manager, carpooling and vanpooling transferred
efforts with the Department of Information Sharing Environment to to the Department of Transportation by
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section 310 of the Department of Energy § 1.50 Office of Drug & Alcohol Policy & publish those redelegations in appendix
Organization Act of 1977 (Pub. L. 95– Compliance. A of this part.
91) [42 U.S.C. 7159]. The Office of Drug & Alcohol Policy (2) Authorize and approve official
& Compliance advises the Secretary on travel (except foreign travel) and
§ 1.48 Office of the Chief Information national and international drug testing transportation for themselves, their
Officer. and control issues and is the principal subordinates, and others performing
The Chief Information Officer (CIO) is advisor to the Secretary on rules related services for, or in cooperation with, the
the principal information technology to the drug and alcohol testing of safety- Office of the Secretary.
(IT), cyber security, privacy, and records sensitive transportation employees in (3) Establish ad hoc committees for
management advisor to the Secretary. aviation, trucking, railroads, mass specific tasks within their assigned staff
The Office of the CIO supports the transit, pipelines, and other area.
Organizational Excellence Strategic Goal transportation industries. The Office, in (4) Establish, modify, extend, or
by providing leadership on all matters coordination with the Office of the terminate standing committees within
associated with the Department’s $3.5 General Counsel, publishes and their specific areas of responsibility
billion IT portfolio. provides interpretations of rules related when directed or authorized to do so by
to 49 CFR part 40 on the conduct of the Secretary.
§ 1.49 Delegations to the Chief Information (5) Designate members of interagency
Officer.
drug and alcohol tests, including how to
conduct tests, and which procedures to committees when such committees are
The Chief Information Officer is use when testing. The Office specifically concerned with
delegated authority to: coordinates with Federal Agencies and responsibilities of direct interest to their
(a) Carry out all functions and assists foreign governments in office.
responsibilities assigned to the developing drug and alcohol testing (6) Exercise the following authorities
Secretary with respect to the Paperwork programs and implementing the with respect to positions in the Senior
Reduction Act of 1995 (44 U.S.C. 3506); President’s National Drug Control Executive Service and Senior Level
(b) Carry out all functions and Strategy. within their respective areas of
responsibilities assigned to the responsibility:
Secretary with respect to the Clinger- § 1.60 General Authorizations and (i) Determine how executive level
Cohen Act of 1996 (40 U.S.C. 11312 to Delegations to Secretarial Officers. positions will be filled; i.e., by
11314, and 11317); (a) Acting in his or her own name and reassignment, promotion, or
(c) Carry out all functions and title, the Under Secretary, the General appointment.
responsibilities assigned to the Counsel, and each Assistant Secretary, (ii) Establish selection criteria to be
Secretary with respect to the E- within his or her sphere of used in identifying eligible candidates.
Government Act of 2002, Public Law responsibility, is authorized to identify (iii) Confer with the Administrators
107–347; and define the requirements for, and to on selection criteria and candidates for
(d) Carry out all functions and recommend to the Secretary, new or an executive level position that is a
responsibilities necessary to ensure revised departmental policies, plans, counterpart of an activity or position in
compliance with the Federal and proposals. Each of these officers is the Office of the Secretary.
Information Security Management Act authorized to issue departmental (iv) Recommend final selection for
of 2002 (44 U.S.C. 3534 and 3544); standards, criteria, systems and executive level positions, subject to
procedures that are consistent with review by the Executive Committee of
(e) Serve as the Chief Privacy Officer,
applicable laws, Executive Orders, the Departmental Executive Resources
42 U.S.C. 2000ee–2, and administer the
Government-wide regulations and Board and approval by the Secretary
Privacy Act of 1974, 5 U.S.C. 552a, and
policies established by the Secretary, and the Office of Personnel
49 CFR part 10 (Maintenance of and
and to inspect, review, and evaluate Management.
Access to Records Pertaining to (7) Enter into inter- and intra-
departmental program performance and
Individuals) in connection with the departmental reimbursable agreements
effectiveness and advise the Secretary
records of the Office of the Secretary; other than with the head of another
regarding the adequacy thereof.
(f) Carry out all functions and (b) Except for nondelegable statutory department or agency (31 U.S.C. 686).
responsibilities necessary to issue duties including those that transfer as a This authority may be redelegated only
notices of Department of Transportation result of succession to act as Secretary to office directors or other comparable
systems of records as required by the of Transportation, each Deputy levels and to contracting officers.
Privacy Act; Assistant Secretary and Deputy General (8) Administer and perform the
(g) Carry out all functions and Counsel is authorized to act for and functions described in their respective
responsibilities assigned to the perform the duties of his or her functional statements.
Secretary with respect to the Federal principal in the absence or disability of (9) Exercise the authority of the
Records Act (44 U.S.C. 3101–3102) and the principal and as otherwise directed Secretary to make certifications,
necessary to ensure compliance with the by the principal. findings and determinations under the
regulations of the National Archives and (c) The Deputy Secretary, the Under Regulatory Flexibility Act (Pub. L. 96–
Records Administration (36 CFR parts Secretary, the General Counsel, and the 354) with regard to any rulemaking
1220 through 1299; 44 U.S.C. Chapters Assistant Secretaries for Administration, document for which issuance authority
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
21, 29, 31, and 33), in coordination with Budget and Programs, and is delegated by other sections in this
the General Counsel; and Governmental Affairs are delegated part. This authority may be redelegated
(h) Serve as the Senior Agency authority to: to those officials to whom document
Official for Geospatial Information (1) Redelegate and authorize issuance authority has been redelegated.
under Office of Management and Budget successive redelegations of authority (10) Exercise the authority of the
Memorandum M–06–07, ‘‘Designation granted by the Secretary within their Secretary to resolve informal allegations
of a Senior Agency Official for respective organizations, except as of discrimination arising in or relating
Geospatial Information’’ (March 3, limited by law or specific administrative to their respective organizations through
2006). reservation, including authority to Equal Employment Opportunity
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counseling or the Alternative Dispute (e) The Office of the Assistant Secretary by Executive Order 12656 (as
Resolution process and to develop and Inspector General for Legal, Legislative amended; see Executive Order 13286)
implement affirmative action and and External Affairs. and by the Federal Emergency
diversity plans within their respective Management Agency and General
organizations. § 1.73 Authority of Inspector General. Services Administration (FEMA and
(11) Exercise the authority vested in The Inspector General shall report to GSA) as they pertain to the Office of
the Secretary by 49 U.S.C. 326(a) and 31 and be under the general supervision of Inspector General, including those
U.S.C. 1353 to accept, subject to the the Secretary and Deputy Secretary. The relating to continuity of operations,
concurrence of the Designated Agency Inspector General has such authority as emergency resource management, and
Ethics Official, the following: Gifts of is provided by the Inspector General Act training.
property (other than real property) not of 1978, as amended, and as is (g) Determine the existence and
exceeding $1,000 in value, gifts of otherwise provided by law. Authorities amount of indebtedness and the method
services (in carrying out aviation duties provided to the Inspector General by of collecting repayments from
and powers) not exceeding $1,000 in law are reserved to the Inspector employees and members within the
value, and reimbursement of travel General. In accordance with the Office of Inspector General and collect
expenses from non-federal sources not statutory intent of the Inspector General repayments accordingly, as provided by
exceeding $3,000 in value. Acceptance Act to create an independent and 5 U.S.C. 5514.
of gifts or travel reimbursement that objective unit, the Inspector General is (h) Waive claims of the United States
authorized to make such investigations arising out of an erroneous payment to
exceed these limits in value or are
and reports relating to the an employee of the Office of Inspector
otherwise significant may only take
administration of the programs and General of pay or allowances, or travel,
place with the additional concurrence of
operations of the Department as are, in transportation, or relocation expenses
the General Counsel. This delegation
the judgment of the Inspector General, and allowances, and deny requests for
extends only to the acceptance of gifts
necessary and desirable. Neither the waiver of such claims, as authorized by
or travel expenses and does not
Secretary nor the Deputy Secretary shall 5 U.S.C. 5584 and the OMB
authorize the solicitation of gifts, which
prevent or prohibit the Inspector memorandum, ‘‘Determination with
is reserved to the Secretary at § 1.21.
General from initiating, carrying out, or Respect to Transfer of Functions
Subpart C—Office of Inspector General completing any audit or investigation, Pursuant to Public Law 104–316’’
or from issuing any subpoena during the (December 17, 1996). But for claims
§ 1.70 Overview. course of any audit or investigation. arising from erroneous payments to
This subpart describes the key current employees, this delegation of
§ 1.74 Delegations to Inspector General. authority is limited to claims greater
responsibilities of the Office of
Inspector General, the structure of the The Inspector General is delegated than $500. For claims arising from
office, and the authority of the Inspector authority to: erroneous payments to former
General. (a) Redelegate and authorize employees, this delegation of authority
successive redelegations of authority is not limited by claim amount.
§ 1.71 Key responsibilities. granted by the Secretary within the Redelegation of this authority may be
The Inspector General conducts, Office of Inspector General, except as made only to the principal officials
supervises, and coordinates audits and limited by law or specific administrative responsible for financial management or
investigations; reviews existing and reservation. such officials’ principal assistants.
proposed legislation and makes (b) Authorize and approve official (i) Settle and pay claims by employees
recommendations to the Secretary and travel, including foreign travel and of the Office of Inspector General for
Congress concerning their effect on the transportation for themselves, their personal property losses as provided by
economy and efficiency of program subordinates, and others performing 31 U.S.C. 3721 (Claims of personnel of
administration, or the prevention and services for, or in cooperation with, the agencies and the District of Columbia
detection of fraud and abuse; Office of Inspector General. government for personal property
recommends policies for and conducts, (c) Exercise the authority of the damage or loss).
supervises, or coordinates other Secretary to resolve informal allegations (j) Review and approve for payment
activities of the Department for the of discrimination arising in or relating any voucher for $25 or less the authority
purpose of promoting economy and to the Office of Inspector General for payment of which is questioned by
efficiency in program administration, or through Equal Employment Opportunity a certifying or disbursing officer.
preventing and detecting fraud and counseling or the Alternative Dispute (k) [Reserved]
Resolution process and to develop and (l) Exercise the Secretary’s authority
abuse; and keeps the Secretary and the
implement affirmative action and under 31 U.S.C. 3711 to collect,
Congress fully and currently informed.
diversity plans. compromise, suspend collection action
§ 1.72 Structure. (d) Exercise the authority vested in on, or terminate claims of the United
This Office is composed of: the Secretary by 49 U.S.C. 326(a) to States which are referred to, or arise out
accept gifts of property (other than real of the activities of, the Office of
(a) The Office of the Deputy Inspector Inspector General, subject to the limits
property) or services (in carrying out
General; on that authority imposed by 31 U.S.C.
aviation duties and powers), and the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
(b) The Office of the Principal authority to accept travel 3711 and the Federal Claims Collection
Assistant Inspector General for reimbursements from non-federal Standards, 31 CFR chapter IX.
Investigations; sources under 31 U.S.C. 1353. (m) Exercise the Secretary’s authority
(c) The Office of the Principal (e) Exercise the implied authority to under 28 U.S.C. 2672 and 28 CFR part
Assistant Inspector General for Auditing solicit gifts associated with 49 U.S.C. 14, related to the administrative
and Evaluation; 326(a), notwithstanding the reservation disposition of federal tort claims, for
(d) The Office of the Assistant of authority to the Secretary in § 1.21. claims involving the Office of Inspector
Inspector General for Administration; (f) Carry out the emergency General. The Inspector General may
and preparedness functions assigned to the request the approval of the Attorney
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![Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations 19833
General to adjust, compromise, and (1) Exercise the authority of the authority may be redelegated only to
settle any such claim if the amount of Secretary over and with respect to any Office Directors, Regional Directors,
the adjustment, compromise, or award personnel within their respective District Commanders or other
exceeds $100,000, but only after the organizations. comparable levels and Contracting
General Counsel concurs with the (2) [Reserved] Officers.
request. If the Inspector General believes (3) Exercise the authority vested in (12) Determine the existence and
that a pending claim presents a novel the Secretary to prescribe regulations amount of indebtedness and the method
question of law or of policy, he or she under 49 U.S.C. 322(a) with respect to of collecting repayments from
shall coordinate with the General statutory provisions for which authority employees within their respective
Counsel to obtain the advice of the is delegated by other sections in this administrations and collect repayments
Assistant Attorney General in charge of part. accordingly, as provided by 5 U.S.C.
the Civil Division. If the Inspector (4) Carry out the functions of the 5514. Redelegation of this authority may
General settles a claim for an amount Secretary concerning environmental be made only to the principal officials
greater than $50,000, the Inspector enhancement by 49 U.S.C. 303 (Duties responsible for financial management or
General shall prepare a memorandum of the Secretary of Transportation: such officials’ principal assistants.
fully explaining the basis for the action Policy on lands, wildlife and waterfowl (13) Waive claims of the United States
taken and coordinate with the General refuges, and historic sites) and 23 U.S.C. arising out of an erroneous payment to
Counsel before sending a copy of the 138 as they relate to matters within the an employee of the Operating
memorandum to the Director, Federal primary responsibility of each Operating Administration of pay or allowances, or
Torts Claims Act Staff, Torts Branch of Administration. travel, transportation, or relocation
the Civil Division, U.S. Department of (5) Carry out the functions of the expenses and allowances, and deny
Justice. Secretary under the National requests for waiver of such claims, as
(n) Make written requests under Environmental Policy Act of 1969 (42 authorized by 5 U.S.C. 5584 and the
subsection (b)(7) of the Privacy Act of U.S.C. 4321 et seq.), section 176(c) of OMB memorandum, ‘‘Determination
1974, 5 U.S.C. 552a(b)(7), for records the Clean Air Act (42 U.S.C. 7506(c)), with Respect to Transfer of Functions
maintained by other agencies that are and related environmental laws as they Pursuant to Public Law 104–316’’
necessary to carry out an authorized law relate to matters within the primary (December 17, 1996). But for claims
enforcement activity. responsibility of each Operating arising from erroneous payments to
(o) Administer the Freedom of Administration. current employees, this delegation of
Information Act, 5 U.S.C. 552, and 49 (6) Carry out the functions of the authority is limited to claims greater
CFR part 7 (Public Availability of Secretary under section 106 of the than $500. For claims arising from
Information) in connection with the Historic Preservation Act of 1966, 16 erroneous payments to former
records of the Office of the Inspector U.S.C. 470f, as they relate to matters employees, this delegation of authority
General. within the primary responsibility of is not limited by claim amount.
(p) Administer the Privacy Act of each Operating Administration. Redelegation of this authority may be
1974, 5 U.S.C. 552a, and 49 CFR part 10 (7) Administer FOIA and 49 CFR part made only to the principal officials
(Maintenance of and Access to Records 7 (Public Availability of Information) in responsible for financial management or
Pertaining to Individuals) in connection connection with the records of the such officials’ principal assistants.
with the records of the Office of the Operating Administration. (14) Settle and pay claims by
Inspector General. (8) Administer the Privacy Act of employees of the Operating
(q) Exercise the authority of the 1974, 5 U.S.C. 552a, and 49 CFR part 10 Administration for personal property
Secretary over and with respect to any (Maintenance of and Access to Records losses as provided by 31 U.S.C. 3721
personnel within the Office of Inspector Pertaining to Individuals) in connection (Claims of personnel of agencies and the
General, except as prescribed by the with the records of the Operating District of Columbia government for
Secretary or limited by law. Administration. personal property damage or loss). This
(r) Approve payment of recruitment, (9) Make written requests under authority may be redelegated only to
relocation, and retention incentives subsection (b)(7) of the Privacy Act for Office Directors, Regional Directors, or
under 5 U.S.C. 5753 and 5754. records maintained by other agencies other comparable levels and to those
(s) Administer 49 CFR part 9 that are necessary to carry out an individuals that report to the above
(Testimony of Employees of the authorized law enforcement activity. officials.
Department and Production of Records (10) Carry out the emergency (15) Exercise the authority of the
in Legal Proceedings) in connection preparedness functions assigned to the Secretary to resolve informal allegations
with the records of the Office of Secretary by Executive Order 12656, (as of discrimination arising in or relating
Inspector General and testimony of amended; see Executive Order 13286) to their respective organizations through
current and former employees of the and by the Federal Emergency Equal Employment Opportunity
Office of Inspector General. Management Agency and General counseling or the Alternative Dispute
Services Administration (FEMA and Resolution process and to develop and
Subpart D—Operating Administrations implement affirmative action and
GSA) as they pertain to his or her
§ 1.80 Overview. administration, including those relating diversity plans within their respective
to continuity of operations, emergency organizations. With regard to external
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
This subpart sets forth the key
responsibilities of the Operating resource management, associated civil rights programs, each
Administrations, and the delegations of Federal claimant procedures, facilities Administrator exercises authority
authority from the Secretary of protection and warfare effects pursuant to statutes, regulations,
Transportation to the Administrators. monitoring and reporting, research, Executive Orders, or delegations in this
stockpiling, financial aid, and training. subpart to carry out these programs,
§ 1.81 Delegations to all Administrators. (11) Enter into inter- and under the guidance of the Director of the
(a) Except as prescribed by the intradepartmental reimbursable Departmental Office of Civil Rights,
Secretary of Transportation, each agreements other than with the head of including conducting compliance
Administrator is authorized to: another department or agency. This reviews and other activities relating to
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the enforcement of these statutes, (23) Enter into memoranda of This delegation extends only to the
regulations, and Executive Orders. agreement with the Occupational Safety acceptance of gifts or travel expenses
(16) Review and approve for payment and Health Administration (OSHA) in and does not authorize the solicitation
any voucher for $25 or less the authority regard to setting and enforcing of gifts, which is reserved to the
for payment of which is questioned by occupational safety or health standards Secretary at § 1.21.
a certifying or disbursing officer. and whistleblower protection for (28) Exercise the authority vested in
(17) Authorize and approve official employees in DOT-regulated industries. the Secretary by the Federal Civil
non-foreign travel and transportation for The General Counsel shall concur in Penalties Inflation Adjustment Act of
themselves, their subordinates, and each memorandum of understanding 1990 (Pub. L. 101–410, 104 Stat. 890), as
others performing services for, or in with OSHA prior to its execution by the amended by the Debt Collection
cooperation with, their Operating Administrator of the Operating Improvement Act of 1996 (Pub. L. 104–
Administrations. Administration concerned. 134, 110 Stat. 1321), to promulgate rules
(18) Exercise the authority of the (24) Enter into memoranda of that adjust civil penalties.
Secretary to make certifications, agreement with the Mine Safety Health (29) Carry out the functions vested in
findings and determinations under the Administration (MSHA) in regard to the Secretary to implement the Uniform
Regulatory Flexibility Act (5 U.S.C. 601, setting and enforcing safety standards Relocation Assistance and Real Property
et seq.) with regard to any rulemaking for employees in DOT-regulated Acquisition Act of 1970 (Uniform Act),
document for which issuance authority industries while on mine property. The 42 U.S.C. Chapter 61, with respect to
is delegated by other sections in this General Counsel shall concur in each programs administered by their
part. This authority may be redelegated memorandum of agreement with MSHA respective Operating Administrations.
to those officials to whom document prior to its execution by the Each Operating Administration may
issuance authority has been delegated. Administrator of the Operating prescribe additional Uniform Act
Administration concerned. guidance that is appropriate to those
(19) Carry out the functions vested in
(25) Exercise the authority vested in particular programs, provided that such
the Secretary by 15 U.S.C. 3710(a),
the Secretary by Section 329A of the additional guidance must be consistent
which authorizes agencies to permit
Department of Transportation and with the Uniform Act and 49 CFR part
their laboratories to enter into
Related Agencies Appropriations Act, 24. The lead agency for Uniform Act
cooperative research and development
1995, Public Law 103–331, 329A, 108 matters is the Federal Highway
agreements.
Stat. 2471, 2493 (September 30, 1994), Administration (see § 1.85 and 49 CFR
(20) [Reserved] to enter into grants, cooperative part 24).
(21) Exercise the Secretary’s authority agreements, and other transactions with
under 31 U.S.C. 3711 to collect, any person, agency, or instrumentality § 1.81a Redelegation by all Administrators.
compromise, suspend collection action of the United States, any unit of state or Except as otherwise specifically
on, or terminate claims of the United local government, any educational provided in this part, each
States which are referred to, or arise out institution, and any other entity in Administrator may redelegate and
of the activities of, the Operating execution of the Technology authorize successive redelegations of
Administration, subject to the limits on Reinvestment Project authorized under authority within the organization under
that authority imposed by 31 U.S.C. the Defense Conversion, Reinvestment, that official’s jurisdiction.
3711 and the Federal Claims Collection and Transition Assistance Act of 1992,
Standards, 31 CFR chapter IX. § 1.82 The Federal Aviation
Public Law 102–484, 106 Stat. 2658 Administration.
(22) Exercise the Secretary’s authority (October 23, 1992), and related
under 28 U.S.C. 2672 and 28 CFR part Is responsible for:
legislation. (a) Promulgating and enforcing
14, related to the administrative (26) Carry out the functions vested in regulations on all safety matters relating
disposition of federal tort claims, for the Secretary by 49 U.S.C. 40119(b), as to the operation of airports, the
claims involving the Operating implemented by 49 CFR part 15, in manufacture, operation, and
Administration. The Administrator may coordination with the Office of the maintenance of aircraft, and the
request the approval of the Attorney General Counsel and the Office of efficiency of the National Airspace
General to adjust, compromise, and Intelligence, Security and Emergency System;
settle any such claim if the amount of Response, relating to the determination (b) Planning and supporting the
the adjustment, compromise, or award that information is Sensitive Security development of an integrated national
exceeds $100,000, but only after the Information within their respective system of airports, with due
General Counsel concurs with the organizations. consideration of safety, capacity,
request. If the Administrator believes (27) Exercise the authority vested in efficiency, environmental compatibility
that a pending claim presents a novel the Secretary by 49 U.S.C. 326(a) and 31 and sustainability;
question of law or of policy, he or she U.S.C. 1353 to accept, subject to the (c) Administering federal financial
shall coordinate with the General concurrence of the Operating assistance programs for airports
Counsel to obtain the advice of the Administration’s Deputy Ethics Official, including airport grants-in-aid;
Assistant Attorney General in charge of the following: Gifts of property (other (d) Preserving and enhancing the
the Civil Division. If the Administrator than real property) not exceeding $1,000 safety and efficiency of the Nation’s air
settles a claim for an amount greater in value, gifts of services (in carrying transportation system by implementing
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
than $50,000, the Administrator shall out aviation duties and powers) not NextGen and other technologies, as
prepare a memorandum fully explaining exceeding $1,000 in value, and appropriate;
the basis for the action taken and reimbursement of travel expenses from (e) Registering aircraft and recording
coordinate with the General Counsel non-federal sources not exceeding rights in aircraft;
before sending a copy of the $3,000. Acceptance of gifts or travel (f) Developing, modifying, testing, and
memorandum to the Director, Federal reimbursement that exceed these limits evaluating systems, procedures,
Torts Claims Act Staff, Torts Branch of in value or are otherwise significant facilities, and devices needed for the
the Civil Division, U.S. Department of may only take place with the additional safe and efficient navigation and traffic
Justice. concurrence of the General Counsel. control of aircraft;
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lands access transportation facilities, the Secretary of final approval of TIFIA (16) The Highway Beautification Act
tribal transportation facilities, defense credit assistance applications). of 1965, as amended (Pub. L. 89–285, 79
highways and access roads, and (b) The Federal Highway Stat. 1028, 23 U.S.C. 131 et seq., notes).
parkways and roads in national parks Administrator is delegated authority to (17) The Federal-Aid Highway Act of
and other federally-administered areas. administer the following provisions of 1982 (Pub. L. 97–327, 96 Stat. 1611),
(g) Developing and administering title 49, U.S.C. (Transportation): except section 6 as it relates to matters
uniform State standards for highway (1) Section 20134(a) with respect to within the primary responsibility of the
safety programs with respect to the laws administered by the Federal Federal Transit Administrator.
identification and surveillance of crash Highway Administrator pertaining to (18) The Surface Transportation
locations; highway design, construction, highway safety and highway Assistance Act of 1982, as amended,
and maintenance, including context construction; and (Pub. L. 97–424, 96 Stat. 2097) except:
sensitive solutions, highway-related (2) Sections 31111 and 31112 (as it (i) Sections 165 and 531 as they relate
aspects of pedestrian safety, and traffic relates to matters within the primary to matters within the primary
control devices. responsibility of the Federal Highway responsibility of the Federal Transit
(h) Administering the Department’s Administration). Administrator;
National Bridge Inspection Standards (3) Section 31314 (as it relates to (ii) Sections 105(f), 413; 414(b)(2);
and the National Tunnel Inspection matters within the primary 421, 426, and Title III; and
Standards to ensure the Nation has safe, responsibility of the Federal Highway (iii) Section 414(b)(1), unless with the
well-maintained bridges and tunnels for Administration). concurrence of the National Highway
(c) The Federal Highway Traffic Safety Administrator.
use by the traveling public.
(i) In coordination with NHTSA, Administrator is delegated authority to (19) Sections 103(e), 105(a) through
RITA, and FMCSA, conducting vehicle- administer the following laws relating (g), 106(a), and (b), 110(b), 114(d),
generally to highways: 117(f), 120(c) and (d), 123(g) and (i),
to-vehicle and vehicle-to-infrastructure
(1) Section 502(c) of the General 133(f), 134, 136, 137, 139 through 145,
research.
Bridge Act of 1946, as amended, Public 146(b), 147(c), 149(a) through (f), (h), (i),
(j) Managing TIFIA funds, 23 U.S.C.
Law 79–601, tit. V, 60 Stat. 847, [33 (k), 151 through 157, 164, and 208 of the
601–609, in conjunction with the TIFIA
U.S.C. 525(c)]. Surface Transportation and Uniform
Joint Program Office, including (2) Reorganization Plan No. 7 of 1949
managing accounting and budgeting Relocation Assistance Act of 1987 (Pub.
(63 Stat. 1070). L. 100–17, 101 Stat. 132).
activities, and procuring any necessary (3) The Federal-Aid Highway Act of
financial or technical support services (20) Sections 105, 107(c) through (e),
1954, as amended (Pub. L. 83–350, 68 123(a) and (b), 124(c), 126(d) through
for the TIFIA program. Stat. 70).
(k) Maximizing the positive impacts (g), 138(c), 142, 144, 147 through 154,
(4) The Federal-Aid Highway Act of 167, and 171, Title IV, as amended (as
on the U.S. economy by encouraging 1956, as amended (Pub. L. 84–627, tit.
domestic manufacturing on highway it relates to matters within the primary
I, 70 Stat. 374). responsibility of the Federal Highway
projects through the enforcement of Buy (5) The Highway Revenue Act of
America provisions. Administrator), and sections 502–504 of
1956, as amended (Pub. L. 84–627, tit.
Title V of the Surface Transportation
II, 70 Stat. 374, 387).
§ 1.85 Delegations to the Federal Highway
(6) The Alaska Omnibus Act, as Assistance Act of 1978 (Pub. L. 95–599,
Administrator. 92 Stat. 2689).
amended (Pub. L. 86–70, 73 Stat. 141).
(a) The Federal Highway (7) The Act of September 26, 1961, as (21) Sections 201 through 205, 327
Administrator is delegated authority to amended (Pub. L. 87–307, 75 Stat. 670). through 336, 339, 340, 349, 352, 353,
administer the following provisions of (8) The Act of April 27, 1962 (Pub. L. and 408 of the National Highway
title 23, U.S.C. (Highways): 87–441, 76 Stat. 59). System Designation Act of 1995 (Pub. L.
(1) Chapter 1, Federal-Aid Highways, (9) The Federal-Aid Highway Act of 104–59, 109 Stat. 568).
except for: 1962, as amended (Pub. L. 87–866, 76 (22) Sections 1002(e), 1006(h),
(i) Section 142 (as it relates to matters Stat. 1145). 1009(c), 1012(b) and (d) through (f),
within the primary responsibility of the (10) The Joint Resolution of August 1015, 1016(g), 1017(c), 1021(c) and (d),
Federal Transit Administrator); 28, 1965, as amended (Pub. L. 89–139, 1022(c), 1023(f) through (g), 1032(d),
(ii) The following sections as they 79 Stat. 578). 1038 through 1041, 1044, 1046(d), 1047,
relate to matters within the primary (11) The Federal-Aid Highway Act of 1051, 1057 through 1060, 1072, 1073,
responsibility of the National Highway 1966, as amended (Pub. L. 889–574, 80 1105, and 6016 of the Intermodal
Traffic Safety Administration: 153, 154, Stat. 766). Surface Transportation Efficiency Act of
158, 161, 163, and 164; and (12) The Federal-Aid Highway Act of 1991 (Pub. L. 102–240, 105 Stat. 1914).
(iii) Section 167(f) (National Freight 1968, as amended (Pub. L. 90–495, 82 (23) Sections 1108(f) and (g) and 1224
Strategic Plan). Stat. 815). of the Transportation Equity Act for the
(2) Chapter 2, Other Highways, except (13) The Federal-Aid Highway Act of 21st Century (Pub. L. 105–178, 112 Stat.
for section 205. 1970, as amended (except section 118) 107).
(3) Chapter 3, General Provisions (as (Pub. L. 91–605, 84 Stat. 1713). (24) Sections 1101(a), 1102, 1109(f),
it relates to matters within the primary (14) Sections 103, 104, 111(b), 128(b), 1111(b)(4), 1112, 1115(c), 1116(a) and
responsibility of the Federal Highway 131, 135, 136, 141, 147, 149, 154, 158 (b), 1117, 1119(n), 1120(c), 1201, 1301,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Administration), except for section 322. through 161, 163, 203, 206, 401, and 402 1302, 1303, 1304, 1305, 1306, 1308,
(4) Section 409 of chapter 4, Highway of the Federal-Aid Highway Act of 1973, 1310, 1404, 1408, 1409(a) and (b), 1410,
Safety. as amended (Pub. L. 93–87, 87 Stat. 250; 1411, 1502, 1604, 1803, 1907, 1908,
(5) Chapter 5, Research, Technology, Pub. L. 93–643, 88 Stat. 2281). 1910, 1911, 1916, 1917, 1918, 1923,
and Education, except for section 508. (15) Sections 102(b) (except 1928, 1934, 1935, 1937, 1939, 1940,
(6) Chapter 6, Infrastructure Finance, subparagraph (2)) and (c); 105 (b)(1) and 1941, 1943, 1944, 1945, 1948, 1949,
subject to the limitations set forth in (c); 141; 146; 147; and 152 of the 1950, 1952, 1957, 1959, 1962, 1964,
§§ 1.33 (Assistant Secretary for Budget Federal-Aid Highway Act of 1976 (Pub. 4404 (as it relates to matters within the
and Programs) and 1.21 (reservation to L. 94–280, 90 Stat. 425). primary responsibility of the Federal
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![Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations 19837
Highway Administrator), 5101(b), highway design, construction and Act, 1998 (Pub. L. 105–66, 111 Stat.
5202(b)(3)(B), (c), and (d), 5203(e) and maintenance, traffic control devices, 1425).
(f), 5204(g) and (i), 5304, 5305, 5306, identification and surveillance of crash (14) Exercise the responsibilities of
5307, 5308, 5309, 5502, 5504, 5508, locations, and highway-related aspects the Secretary under 49 U.S.C. 309 (high
5511, 5512, 5513(b), (f), (k), and (m) (as of pedestrian safety. speed ground transportation).
(m) relates to (b), (f), and (k)), 5514, (6) Exercise the authority vested in (15) Carry out the functions vested in
6009(b) (as they relate to matters within the Secretary by 49 U.S.C. 20134(a) with the Secretary by section 201(4)(d) and
the primary responsibility of the Federal respect to the laws administered by the (e) of the Alaska National Interest Lands
Highway Administrator), 6017, 6018, Federal Highway Administrator Conservation Act, as amended (Pub. L.
10210, and 10212 of the Safe, pertaining to highway safety and 96–487, 94 Stat. 2377) [16 U.S.C.
Accountable, Flexible, Efficient highway construction 410hh(4)(d) and (e)].
Transportation Equity Act: A Legacy for (7) Prescribe regulations, as necessary,
Users (Pub. L. 109–59, 119 Stat. 1144). at part 24 of this title, to implement the § 1.86 The Federal Motor Carrier Safety
(25) Sections 1101(a), 1102, 1106(b), Uniform Act, 42 U.S.C. Chapter 61, and Administration.
1112(b), 1113(c), 1116, 1123, 1201(b), to act as the lead agency in carrying out Is responsible for:
1315 (as it relates to matters within the all other functions vested in the (a) Managing program and regulatory
primary responsibility of the Federal Secretary by the Uniform Act, in activities, including administering laws
Highway Administration), 1316 (as it coordination with the Under Secretary. and promulgating and enforcing
relates to matters within the primary (8) Exercise the authority vested in regulations on safety matters relating to
responsibility of the Federal Highway the Secretary by sections 101, 118, motor carrier safety;
Administration), 1317 (as it relates to 120(b), 123 and 124 of the Federal-Aid (b) Carrying out motor carrier
matters within the primary Highway Amendments of 1974 (Pub. L. registration and authority to regulate
responsibility of the Federal Highway 93–643, January 4, 1975, 88 Stat. 2281). household goods transportation;
Administration), 1318(a) and (b) (as it (9) Carry out the functions vested in (c) Developing strategies for
relates to matters within the primary the Secretary of Transportation by improving commercial motor vehicle,
responsibility of the Federal Highway section 114 of Part C of the Paperwork operator, and carrier safety and
Administration), 1323 (a) and (b), Reduction Reauthorization Act of 1986 administering grants to implement these
1401(b), (c) and (d), 1405, 1503(c), (contained in the Act Making strategies;
1512(b), 1519(a), 1520, 1522, 1523, Continuing Appropriations for Fiscal (d) Inspecting records and equipment
1524, 1525, 1526, 1527 (as it relates to Year 1987 and for Other Purposes, of commercial motor carriers, and
matters within the primary Public Law 99–591, 100 Stat. 3341, investigating accidents and reporting
responsibility of the Federal Highway 2241–349), relating to construction of violations of motor carrier safety
Administration), 1528, 1529, 1530 (as it Interstate Highway H–3 in Hawaii. regulations;
relates to matters within the primary (10) Carry out the functions vested in (e) Carrying out research,
responsibility of the Federal Highway the Secretary by Public Law 98–229, 98 development, and technology transfer
Administration), 1533, 1534, 1535, Stat. 55, insofar as it relates to activities to promote safety of operation
32801, 32802, and 51001 of the Moving apportioning certain funds for and equipment of motor vehicles for the
Ahead for Progress in the 21st Century construction of the Interstate Highway motor carrier transportation program;
Act (Pub. L. 112–141, 126 Stat. 405). System in Fiscal Year 1985, and
(d) The Federal Highway apportioning certain funds for Interstate (f) Carrying out an effective
Administrator is delegated authority to: substitute highway projects, and communications and outreach program
(1) Carry out the functions vested in increasing amounts available for which includes providing relevant
the Secretary of Transportation by emergency highway relief. safety data to the public.
section 601 of the Pipeline Safety Act of (11) Carry out all of the functions
1992 (Pub. L. 102–508, 106 Stat. 3289) vested in the Secretary under section § 1.87 Delegations to the Federal Motor
324 of the Fiscal Year 1986 Department Carrier Safety Administrator.
relating to construction of the Page
Avenue Extension Project in Missouri. of Transportation Appropriations Act The Federal Motor Carrier Safety
(2) Carry out the functions of the (Pub. L. 99–190, 99 Stat. 1288), Administrator is delegated authority to:
Secretary under the Appalachian notwithstanding the reservation of (a) Carry out the following functions
Regional Development Act of 1965, 40 authority under § 1.21. and exercise the authority vested in the
U.S.C. Subtitle IV. (12) Carry out the functions vested in Secretary by 49 U.S.C., Subtitle IV, part
(3) Carry out the Act of September 21, the Secretary of Transportation by B:
1966, Public Law 89–599, relating to section 505 of the Railroad (1) Chapter 131, relating to general
certain approvals concerned with a Revitalization and Regulatory Reform provisions on transportation policy;
compact between the States of Missouri Act of 1976, as amended, (Pub. L. 94– (2) Chapter 133, relating to
and Kansas. 210, 90 Stat. 31) relating to the Alameda administrative provisions;
(4) Carry out the functions vested in Corridor Project in consultation with the (3) Chapter 135, relating to
the Secretary by section 5 (as it relates Federal Railroad Administrator. jurisdiction;
to bridges, other than railroad bridges, (13) Act as the lead DOT agency in (4) Sections 13704 and 13707 of
not over navigable waters), and section matters relating to the National chapter 137, relating to rates, routes,
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
8(a) (as it relates to all bridges other Environmental Policy Act of 1969, and services;
than railroad bridges) of the Public Law 91–190, 83 Stat. 852 [42 (5) Chapter 139, relating to
International Bridge Act of 1972 (Pub. L. U.S.C. 4321 et seq.] pertinent to the registration and financial responsibility
92–434, 86 Stat. 731) [33 U.S.C. 535c authority vested in the Secretary to requirements, except section
and 535e(a)]. establish, operate, and manage the 13907(d)(2);
(5) Carry out the Highway Safety Act Nationwide Differential Global (6) Chapter 141, relating to operations
of 1966, as amended (Pub. L. 89–564, 80 Positioning System (NDGPS) by section of motor carriers;
Stat. 731) for highway safety programs, 346 of the Department of Transportation (7) Sections 14501, 14502, and 14504a
research, and development relating to and Related Agencies Appropriations relating to Federal-State relations, and
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section 14506 relating to identification 49 U.S.C. 31111, relating to commercial persons to train operators of commercial
of vehicles. motor vehicle programs, safety motor vehicles;
(8) Sections 14701 through 14705, regulation, and international activities, (7) [Reserved]
14707, 14708, 14710, and 14711 of except that the authority to promulgate (8) Section 4136 relating to interstate
chapter 147, relating to enforcement safety standards for commercial motor vans;
remedies, investigations and motor vehicles and equipment subsequent to (9) Section 4138 relating to high risk
carrier liability; and initial manufacture is limited to carrier compliance (49 U.S.C. 31144
(9) Sections 14901 through 14913, standards that are not based upon and note);
14915, and 14916 of chapter 149 similar to a Federal Motor Vehicle (10) Section 4139(a)(1), relating to the
relating to civil and criminal penalties Safety Standard promulgated under training of and outreach to State
for violations of 49 U.S.C. subtitle IV, chapter 301 of title 49, U.S.C. personnel; section (b)(1) relating to a
part B. (g) Carry out the functions vested in review of Canadian and Mexican
(b) Carry out the functions vested in the Secretary by 49 U.S.C. 5701 relating compliance with Federal motor vehicles
the Secretary by sections 104 and 204 of to food transportation inspections of safety standards; and the first sentence
the ICC Termination Act of 1995, Public commercial motor vehicles. of section (b)(2) relating to the report
Law 104–88, 109 Stat. 803, relating to (h) Carry out the functions and concerning the findings and conclusions
self-insurance rules and a savings exercise the authority delegated to the of the review required by section (b)(1)
clause. Secretary in section 2(d)(2) of Executive (see 49 U.S.C. 31100 note);
(c) Carry out the functions vested in Order 12777, as amended, with respect (11) Section 4143, granting authority
the Secretary by 42 U.S.C. 4917, relating to highway transportation, relating to to stop commercial motor vehicles, 18
to procedures for the inspection, the approval of means to ensure the U.S.C. 3064;
surveillance and measurement of availability of private personnel and (12) Section 4144, relating to a motor
commercial motor vehicles for equipment to remove, to the maximum carrier safety advisory committee;
compliance with interstate motor carrier extent practicable, a worst case (13) [Reserved]
noise emission standards and related discharge, the review and approval of (14) Section 4147, relating to
enforcement activities including the response plans, and the authorization of emergency conditions requiring
promulgation of necessary regulations. motor carriers, subject to the Federal immediate response (amending section
(d) Carry out the following functions Water Pollution Control Act, Pub. L. 87– 229 of the Motor Carrier Safety
and exercise the authority vested in the 88, as amended [33 U.S.C. 1321], to Improvement Act of 1999 (49 U.S.C.
Secretary by chapter 51 of title 49, operate without approved response 31136 note);
U.S.C.: plans. (15) Section 4213, relating to the
(1) Except as delegated to the Under (i) Carry out chapter 315 of title 49, establishment of a working group for the
Secretary of Transportation for Policy by U.S.C., relating to motor carrier safety. development of practices and
§ 1.25, carry out the functions vested in (j) Carry out 49 U.S.C. 502, 503, 504, procedures to enhance Federal-State
the Secretary by 49 U.S.C. 5121(a), (b), 506, and 523 to the extent they relate to relations (49 U.S.C. 14710 note);
(c), and (d), 5122, 5123, and 5124, motor carriers, motor carriers of migrant (16) Section 4214, relating to the
relating to the transportation or workers, and motor private carriers; 49 establishment of a system for collecting
shipment of hazardous materials by U.S.C. 507 to the extent it relates to consumer complaint information and
highway. motor carriers, motor carries of migrant issuing regulations related to reporting
(2) Carry out the functions vested in workers, motor private carriers, or requirements under the system (49
the Secretary by 49 U.S.C. 5105(e), freight forwarders; and 49 U.S.C. 505, U.S.C. 14701 note); and
relating to inspections of motor vehicles 508, 521(b), and 525. (17) Section 4308, granting authority
carrying hazardous material; 49 U.S.C. (k) Carry out the functions and to adopt regulations to carry out
5109, relating to motor carrier safety exercise the authority vested in the SAFETEA–LU, Title IV, subtitle C (49
permits, except subsection (f); 49 U.S.C. Secretary by 23 U.S.C. 502(a)(1)(A). U.S.C. 13902 note).
5112, relating to highway routing of (l) Carry out the functions vested in (m) Carry out the functions vested in
hazardous materials; 49 U.S.C. 5113, the Secretary by the following sections the Secretary by the following sections
relating to unsatisfactory safety ratings of SAFETEA–LU: of the Moving Ahead for Progress in the
of motor carriers; 49 U.S.C. 5119, (1) Section 4105(b)(1) relating to the 21st Century Act (Pub. L. 112–141, 126
relating to uniform forms and study concerning predatory tow truck Stat. 405):
procedures; and 49 U.S.C. 5125(a) and operations; (1) Section 32101(b) concerning
(c)–(f), relating to preemption (2) Section 4126, relating to the proficiency examination (49 U.S.C.
determinations or waivers of commercial vehicle information systems 13902 note).
preemption of hazardous materials and networks deployment program; (2) Section 32101(c) concerning
highway routing requirements. (3) Section 4127, relating to outreach conforming amendments to proficiency
(e) Carry out the functions vested in and education; examinations (49 U.S.C. 31144 note).
the Secretary by: (4) Section 4128, relating to grants (3) Section 32101(d) concerning
(1) Chapter 313 of 49, U.S.C., relating under the safety data improvement agricultural and farm transportation
to commercial motor vehicle operators; program; exemption (49 U.S.C. 31136 note).
and (5) Section 4130–4133, amending (4) Section 32104 concerning a study
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(2) Section 4123(c), (d) and (e) of section 229 of the Motor Carrier Safety of financial responsibility requirements
SAFETEA–LU relating to grants, Improvement Act of 1999 (49 U.S.C. (49 U.S.C. 13903 note).
funding, and contract authority and 31136 note) relating to the operators of (5) Section 32206 concerning a rental
availability, respectively, for vehicles transporting agricultural truck accident study.
commercial driver’s license information commodities and farm supplies, and (6) Section 32301(a) requiring an
system modernization. hours of service for miscellaneous hours of service study.
(f) Carry out the functions vested in vehicle operators; (7) Section 32302(c)(2) regarding the
the Secretary by subchapters I, III, and (6) Section 4134 (49 U.S.C. 31301 establishment of state licensing agency
IV of chapter 311, title 49, U.S.C., and note), relating to the grant program for oversight (49 U.S.C. 31149 note).
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![19840 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations
(b) Creating and implementing a § 1.92 The Maritime Administration. relating to the enforcement of laws for
national public transportation safety Is responsible for: the protection of property and persons
program that includes the development (a) Fostering the development and at the United States Merchant Marine
of safety practices and standards; maintenance of a United States Academy, located in Kings Point, New
(c) Assisting public transportation merchant marine sufficient to meet the York. This may be accomplished
systems to achieve and maintain their needs of the national security and of the through appointment of uniformed
infrastructure, equipment and vehicles domestic and foreign commerce of the personnel as special police,
in a state of good repair; United States; establishment of rules and regulations
(d) Promoting the environmental (b) Operating the U.S. Merchant governing conduct on the affected
benefits of public transportation through Marine Academy in order to train property, and execution of agreements
continuing, cooperative, and officers for the Nation’s merchant with other Federal, State, or local
comprehensive planning that improves marine; authorities.
the performance of the intermodal (c) Promoting development of ports (f) Carry out the functions and
transportation system. and intermodal transportation systems exercise the authorities vested in the
(e) Supporting research, development, through investments in port Secretary by section 3(d) of the Act to
demonstration, and deployment projects infrastructure via grant programs and Prevent Pollution from Ships (33 U.S.C.
dedicated to assisting in the delivery of America’s Marine Highway program; 1902(d)) as it relates to ships owned or
safe, efficient and effective public (d) Promoting the growth and operated by the Maritime
transportation service; modernization of the U.S. merchant Administration when engaged in
(f) Supporting, in coordination with marine and U.S. shipyards by noncommercial service;
FHWA and FRA, strong connections administering loan and guarantee (g) Carry out the functions vested in
between public transportation and other programs; the Secretary by 40 U.S.C. 554 relating
modes of transportation, including (e) Overseeing the administration of to authority to convey surplus real
bicycle/pedestrian facilities and station- cargo preference statutes; property to public entities for use in the
area development that strengthen local (f) Maintaining custody of, operating, development or operation of port
communities; and and preserving ships in the National facilities;
(g) Maximizing the positive impacts Defense Reserve Fleet as well as other (h) Carry out the following powers
on the U.S. economy by encouraging vessels under the custody of MARAD and duties and exercise the authorities
domestic manufacturing on transit and managing, maintaining and vested in the Secretary by the
projects through the enforcement of Buy operating its Ready Reserve Force Deepwater Port Act of 1974, Public Law
America provisions. component; 93–627, as amended (33 U.S.C. 1501 et
§ 1.91 Delegations to the Federal Transit (g) Conducting research and seq.):
Administrator. development to improve and promote (1) Section 4: The authority to issue,
The Federal Transit Administrator is the waterborne commerce of the United transfer, amend, or reinstate a license
delegated authority to carry out the States. for the construction and operation of a
following: deepwater port (33 U.S.C. 1503(b));
§ 1.93 Delegations to the Maritime (2) Section 4: The authority to process
(a) Chapter 53 of title 49, United Administrator.
States Code, and notes thereto. applications for the issuance, transfer,
(b) Sections 3 and 9 through 15 of the The Maritime Administrator is amendment, or reinstatement of a
National Capital Transportation Act of delegated authority to: license for the construction and
1969 (Pub. L. 91–143, 83 Stat. 320), as (a) Carry out the functions and operation of a deepwater port (33 U.S.C.
amended (DC Code, section 9–1101.01 exercise the authorities vested in the 1503(b)), in coordination with the
et seq.). Secretary under Subtitle V of title 46, Commandant of the Coast Guard;
(c) Sections of title 23, United States U.S.C., except for 46 U.S.C. 51303 and (3) Section 5(h)(2): Approval of fees
Code, and notes thereto that involve 55601(c) and (d); charged by adjacent coastal States for
public transportation projects, including (b) Carry out the functions and use of a deepwater port and directly
those provisions that pertain to exercise the authorities vested in the related land-based facilities (33 U.S.C.
planning, environmental reviews and Secretary under Subtitle III of title 46, 1504(h)(2));
use of historic resources for public U.S.C.; (4) Section 4: Make Adjacent Coastal
transportation projects. (c) Carry out the functions and State designations pursuant to 33 U.S.C.
(d) Section 303 of title 49, United exercise the authorities vested in the 1508(a)(2);
States Code, as it involves public Secretary under the Merchant Ship (5) Section 11: In collaboration with
transportation projects. Sales Act of 1946, as amended (50 the Assistant Secretary for Aviation and
(e) The following sections of Moving U.S.C. App. 1735 et seq.); International Affairs and the Assistant
Ahead for Progress in the 21st Century (d) Carry out the functions and Secretary for Transportation Policy,
Act (Pub. L. 112–141, 126 Stat. 405): exercise the authorities vested in the consultation with the Secretary of State
(1) Sections 1315 [23 U.S.C. 109 note], Secretary under 50 U.S.C. App 1744 relating to international actions and
1316 [23 U.S.C. 109 note], 1317 [23 with respect to the National Shipping cooperation in the economic, trade and
U.S.C. 109 note], 1318 [23 U.S.C. 109 Authority; general transportation policy aspects of
note], and 1321, as they relate to public (e) Exercise the authority vested in the the ownership and operation of
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transit projects; and Administrator of General Services by deepwater ports (33 U.S.C. 1510);
(2) Sections 20005(b) [49 U.S.C. 5303 the Act of June 1, 1948, Public Law 80– (6) Section 16(b): Submission of
note], 20008(b) [49 U.S.C. 5309 note], 566, 62 Stat. 281, 40 U.S.C. 318–318c notice of the commencement of a civil
20013(b) [49 U.S.C. 5315 note], 20017(b) and the Federal Property and suit (33 U.S.C. 1515(b));
[49 U.S.C. 5324 note], 20021(b), and Administrative Services Act of 1949, as (7) Section 16(c): Intervention in any
20025(b) [49 U.S.C. 5335 note]. amended, Public Law 81–152, 63 Stat. civil action to which the Secretary is not
(f) Section 601 of the Passenger Rail 377, and delegated to the Secretary of a party (33 U.S.C. 1515(c));
Investment and Improvement Act of Transportation by the Administrator of (8) Sections 8(b), 12: Authority to
2008 (Pub. L. 110–432, Div. B). General Services on March 23, 2000, request the Attorney General to seek the
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![19842 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations
Administration pertaining to highway, (6) Section 10309(a), relating to the (p) Carry out the functions and
traffic and motor vehicle safety. testing of 15-passenger van safety. exercise the authority vested in the
(c) Carry out, in coordination with the (j) Carry out the following functions Secretary by the following sections of
Federal Motor Carrier Safety and exercise the authority vested in the the Moving Ahead for Progress in the
Administrator, the authority vested in Secretary under the Energy 21st Century Act, Public Law 112–141:
the Secretary by subchapter III of Independence and Security Act of 2007 (1) Sections 31101(d) and (f) (23
chapter 311 of title 49, U.S.C., to (Pub. L. 110–140): U.S.C. 402 note), Authorization of
promulgate safety standards for (1) Section 106 [49 U.S.C. 32902 Appropriations;
commercial motor vehicles and note], relating to the continued (2) Sections 31203(b), Civil Penalty
equipment subsequent to initial applicability of existing standards; Criteria Rule, 31301, Public Availability
manufacture when the standards are (2) Section 107 [49 U.S.C. 32902 of Recall Information, 31302, NHTSA
based upon and similar to a Federal note], relating to the National Academy Outreach to Manufacturer, Dealer, and
Motor Vehicle Safety Standard of Sciences studies; Mechanic Personnel, 31309(a), Study of
promulgated, either simultaneously or (3) Section 108, relating to the Crash Data Collection, 31401, NHTSA
previously, under chapter 301 of title National Academy of Sciences study of Electronics, Software, and Engineering
49, U.S.C. medium-duty and heavy-duty truck fuel Expertise, 31402, Electronics Systems
(d) Carry out the Highway Safety Act economy; Performance, 31501, Child Safety Seats,
of 1966, as amended (Pub. L. 89–564, 80 (4) Section 110 [49 U.S.C. 32908 31502, Child Restraint Anchorage
Stat. 731), for highway safety programs, note], relating to the periodic review of Systems, 31503, Rear Seat Belt
research, and development except those accuracy of fuel economy labeling; Reminders, 31504, Unattended
relating to highway design, construction (5) Section 113 [49 U.S.C. 32904 Passenger Reminders, 31505, New
and maintenance, traffic control note], relating to the exemption from Deadline, and 31601, Rulemaking on
devices, identification and surveillance separate calculation requirement; Visibility of Agricultural Equipment;
of crash locations, and highway-related (6) Section 131(b)(2) and (c)(1) [42
(3) Section 32201, Crashworthiness
aspects of pedestrian safety. U.S.C. 17011(b)(2), (c)(1)], relating to the
Standards; and
(e) Exercise the authority vested in the Plug-in Electric Drive Vehicle Program;
(7) Section 225(a), relating to the (4) Sections 32703, Regulations for
Secretary under chapter 4 of title 23, Improved Occupant Protection,
study of optimization of flexible fueled
U.S.C., except for 23 U.S.C. 409. Passenger Evacuation, and Crash
vehicles to use E–85 fuel;
(f) Carry out the functions and Avoidance, 32704, Fire Prevention and
(8) Section 227(a), relating to the
exercise the authority vested in the Mitigation, 32705, Occupant Protection,
study of optimization of biogas used in
Secretary for the following provisions of Collision Avoidance, Fire Causation,
natural gas vehicles;
title 23, U.S.C. (with respect to matters (9) Section 242 [42 U.S.C. 17051], and Fire Extinguisher Research and
within the primary responsibility of the relating to renewable fuel dispenser Testing, and 32706, Concurrence of
National Highway Traffic Safety requirements; and Research and Rulemaking.
Administration): 153, 154, 158, 161, (10) Section 248(a) [42 U.S.C. (q) Carry out the functions and
163, 164, and 313 (Buy America). 17054(a)], relating to biofuels exercise the authority vested in the
(g) Carry out the consultation distribution and advanced biofuels Secretary to implement section 3(g)–(h)
functions vested in the Secretary by infrastructure. of the Automobile Information
Executive Order 11912, as amended (k) Carry out the functions and Disclosure Act (Pub. L. 85–506, 72 Stat.
(‘‘Delegation of Authorities Relating to exercise the motor vehicle safety 325), as amended (15 U.S.C. 1232(g)–
Energy Policy and Conservation’’) authority vested in the Secretary under (h)).
relating to automobiles. section 7103 of the Transportation
(h) Exercise the authority vested in § 1.96 The Pipeline and Hazardous
Equity Act for the 21st Century, Public Materials Safety Administration.
the Secretary by section 210(2) of the Law 105–178.
Clean Air Act, Public Law 90–148, as (l) Carry out the functions and Is responsible for:
amended [42 U.S.C. 7544(2)]. exercise the motor vehicle safety (a) Pipelines. (1) Administering a
(i) Carry out the functions and authority vested in the Secretary under national program of safety in natural gas
exercise the authority vested in the sections 3(d), 10, 11 and 13 through 17 and hazardous liquid pipeline
Secretary by the following sections of [uncodified provisions] of the transportation including identifying
the Safe, Accountable, Flexible, Transportation Recall Enhancement, pipeline safety concerns, developing
Efficient Transportation Equity Act: A Accountability, and Documentation uniform safety standards, and
Legacy for Users, Public Law 109–59: (TREAD) Act, Public Law 106–414. promulgating and enforcing safety
(1) Section 1906 [23 U.S.C. 402 note], (m) Carry out the functions and regulations;
relating to the grant program to prohibit exercise the motor vehicle safety (2) Increasing the gas and liquid
racial profiling; authority vested in the Secretary under pipeline industry’s focus on safety
(2) Section 2010 [23 U.S.C. 402 note], Anton’s Law, Public Law 107–318. beyond compliance with minimum
relating to motorcyclist safety; (n) Carry out the functions and standards, with particular attention to
(3) Section 2011 [23 U.S.C. 405 note], exercise the motor vehicle safety developing strong safety cultures in
relating to child safety and child booster authority vested in the Secretary under regulated entities;
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seat incentive grants; the Cameron Gulbransen Kids (3) Enhancing information awareness
(4) Section 10202 [42 U.S.C. 300d–4], Transportation Safety Act of 2007 or the systems at the State and local levels to
relating to emergency medical services, K.T. Safety Act of 2007, Public Law reduce pipeline damage from excavation
as amended by section 31108 of the 110–189. and providing grants to support these
Moving Ahead for Progress in the 21st (o) Carry out the functions and systems; and
Century Act, Public Law 112–141; exercise the motor vehicle safety (4) Encouraging the timely
(5) Section 10305(b) [49 U.S.C. 30101 authority vested in the Secretary under replacement of aging and deteriorating
note], relating to the publication of non- the Pedestrian Safety Enhancement Act pipelines in distribution systems,
traffic incident data collection; and of 2010, Public Law 111–373. especially in areas with high potential
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![Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations 19845
and Related Agencies Appropriations (b) Issue allotments or allocations of funds title, title insurance policy, or an owner’s
Act of 1998). to components of the Department. duplicate Torrens certificate of title.
2. Chief Counsels. The General Counsel has (b) The acquisition of lands valued at
§ 1.100 The Saint Lawrence Seaway delegated to the Chief Counsels the authority $100,000 or less, for which the title evidence
Development Corporation. delegated to the General Counsel by consists of abstracts of title or other types of
Is responsible for the development, Amendment 1–41 to part 1 of title 49, Code title evidence prepared in compliance with
operation, and maintenance of that part of Federal Regulations, 35 FR 17658, said regulations.
of the Saint Lawrence Seaway within November 17, 1970, as follows: As stated in the above-mentioned Act, any
the territorial limits of the United States. Section 855 of the Revised Statutes, as Federal department or agency which has
amended by Public Law 91–393, 84 Stat. 835 been delegated the responsibility to approve
§ 1.101 Delegations to the Saint Lawrence (40 U.S.C. 255) authorizes the Attorney land titles under the Act may request the
Seaway Development Corporation General to delegate to other departments and Attorney General to render his opinion as to
Administrator. agencies his authority to give written the validity of the title to any real property
The Administrator of the Saint approval of the sufficiency to the title to land or interest therein, or may request the advice
Lawrence Seaway Development being acquired by the United States. The or assistance of the Attorney General in
Attorney General has delegated to the connection with determinations as to the
Corporation is delegated authority to: sufficiency of titles.
(a) Carry out the functions vested in Assistant Attorney General in charge of the
Land and Natural Resources Division the The Chief Counsels of the Federal Aviation
the Secretary by sections 4, 5, 6, 7, 8, 12 Administration, Federal Highway
authority to make delegations under that law
and 13 of section 2 of the Port and to other Federal departments and agencies Administration, Federal Railroad
Tanker Safety Act of 1978 (Pub. L. 95– (28 CFR 0.66). The Assistant Attorney Administration, National Highway Traffic
474, 92 Stat. 1471) [33 U.S.C. 1223– General, Land and Natural Resources Safety Administration, Federal Transit
1225, 1227, and 1231–1232] as they Division, has further delegated certain Administration, the Saint Lawrence Seaway
relate to the operation of the Saint responsibilities in connection with the Development Corporation, Maritime
Lawrence Seaway. approval of the sufficiency of the title to land Administration, and Research and Innovative
(b) Carry out the functions vested in to the Department of Transportation as Technology Administration are hereby
the Secretary by section 5 and section follows: authorized to approve the sufficiency of the
8(a) of the International Bridge Act of title to land being acquired by purchase or
Delegation to the Department of condemnation by the United States for the
1972 (Pub. L. 92–434, 86 Stat. 731) [33 Transportation for the Approval of the Title use of their respective organizations. This
U.S.C. 535c and 535e(a)] as it relates to to Lands Being Acquired for Federal Public delegation is subject to the limitations
the Saint Lawrence River. Purposes imposed by the Assistant Attorney General,
(c) Carry out the functions vested in Pursuant to the provision of Public Law Land and Natural Resources Division, in his
the Secretary by section 3(d) of the Act 91–393, approved September 1, 1970, 84 Stat. delegation to the Department of
to Prevent Pollution from Ships [33 835, amending R.S. 355 (40 U.S.C. 255), and Transportation. Redelegation of this authority
U.S.C. 1902e] as it relates to ships acting under the provisions of Order No. may only be made by the Chief Counsels to
owned or operated by the Corporation 440–70 of the Attorney General, dated attorneys within their respective
when engaged in noncommercial October 2, 1970, the responsibility for the organizations.
service. approval of the sufficiency of the title to land If the organization does not have an
for the purpose for which the property is attorney experienced and capable in the
Appendix A to Part 1—Delegations and being acquired by purchase or condemnation examination of title evidence, a Chief
Redelegations by Secretarial Officers by the United States for the use of your Counsel may, with the concurrence of the
Department is, subject to the general General Counsel, request the Attorney
1. Director of Budget. The Assistant General to (1) furnish an opinion as to the
Secretary for Budget and Programs and CFO supervision of the Attorney General and to
the following conditions, hereby delegated to validity of a title to real property or interest
has redelegated to the Director of Budget therein, or (2) provide advice or assistance in
authority to— your Department.
This delegation of authority is further connection with determining the sufficiency
(a) Request apportionment and
subject to: of the title.
reapportionment of funds by the Office of
Management and Budget, provided that no 1. Compliance with the regulations issued Issued in Washington, DC, on February 10,
request for apportionment or by the Assistant Attorney General on October 2016.
reapportionment which anticipates the need 2, 1970, a copy of which is enclosed. Anthony R. Foxx,
for a supplemental appropriation shall be 2. This delegation is limited to:
(a) The acquisition of land for which the Secretary of Transportation.
submitted to the Office of Management and
Budget without appropriate certification by title evidence, prepared in compliance with [FR Doc. 2016–04230 Filed 4–4–16; 8:45 am]
the Secretary. these regulations, consists of a certificate of BILLING CODE 4910–9X–P
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Document Created: 2018-02-07 13:53:51
Document Modified: 2018-02-07 13:53:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective April 5, 2016. | |
| Contact | Michael A. Smith, Office of the General Counsel (C-10), 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 366-2917, [email protected] | |
| FR Citation | 81 FR 19818 | |
| RIN Number | 2105-AE42 | |
| CFR Associated | Authority Delegations (government Agencies) and Organization and Functions (government Agencies) |
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