
[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Rules and Regulations]
[Pages 19817-19845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04230]



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Vol. 81

Tuesday,

No. 65

April 5, 2016

Part III





 Department of Transportation





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49 CFR Part 1





Organization and Delegation of Powers and Duties; Final Rule

  Federal Register / Vol. 81 , No. 65 / Tuesday, April 5, 2016 / Rules 
and Regulations  

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[Docket No. DOT-OST-2012-0123]
RIN 2105-AE42


Organization and Delegation of Powers and Duties

AGENCY: Office of the Secretary (OST), U.S. Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The Office of the Secretary of Transportation is updating the 
regulations that govern the organization of the Department of 
Transportation and delegate authority from the Secretary to 
departmental officers, including the Deputy Secretary, the Under 
Secretary, the General Counsel, the Assistant Secretaries, the 
Inspector General, and the heads of the Department's Operating 
Administrations. This amendment responds to the Moving Ahead for 
Progress in the 21st Century Act and the Department of Transportation 
Appropriations Act, 2015, removes some delegations of authority that 
were unnecessary or inaccurate, and revises some delegations of 
authority to improve the description of current Department practice.

DATES: Effective April 5, 2016.

FOR FURTHER INFORMATION CONTACT: Michael A. Smith, Office of the 
General Counsel (C-10), 1200 New Jersey Avenue SE., Washington, DC 
20590, (202) 366-2917, michael.a.smith@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    This final rule updates the regulations that organize the 
Department of Transportation and delegate authority from the Secretary 
of Transportation to other departmental officials, including the Deputy 
Secretary, the Under Secretary, the General Counsel, the Assistant 
Secretaries, the Inspector General, and the heads of the Operating 
Administrations. The purpose of this rule is to describe to the public 
and other government officials how the Department operates, which 
offices within the Department are responsible for which activities, and 
what authority each office exercises.
    This rule updates part 1 on Organization and Delegation of Powers 
and Duties in two ways. First, the rule responds to the Moving Ahead 
for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 405) 
and the Department of Transportation Appropriations Act, 2015 (Pub. L. 
113-235 div. K, tit. I, 128 Stat. 2696). The rule adds delegations for 
new sources of authority from those laws. Second, the rule improves and 
simplifies the existing delegations of authority. It removes some 
delegations that were unnecessary or no longer described the exercise 
of authority within the Department. It revises and clarifies other 
delegations to more accurately describe current Department practice and 
ensure consistency with relevant statutory authorities.
    This final rule does not impose substantive requirements on the 
public. It is ministerial and relates only to the Department's 
organization, procedure, and practice. Therefore, the Department has 
determined that notice and comment are unnecessary and that the rule is 
exempt from prior notice and comment requirements under 5 U.S.C. 
553(b)(3)(A). As these changes will not have a substantive impact on 
the public, the Department does not expect to receive substantive 
comments on the rule. Accordingly, under 5 U.S.C. 553(d)(3), the 
Department finds good cause for this rule to be effective less than 30 
days after its publication in the Federal Register.

Regulatory Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The Department has determined that this final rule is not a 
significant regulatory action under Executive Order 12866 and DOT 
Regulatory Policies and Procedures (44 FR 11034). It was not reviewed 
by the Office of Management and Budget. There are no costs associated 
with this rule.

Executive Order 13132 (Federalism)

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does not have substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. Therefore, the consultation requirements of Executive 
Order 13132 do not apply.

Executive Order 13175 (Consultation and Coordination With Indian Tribal 
Governments)

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial or direct compliance 
costs, the funding and consultation requirements of Executive Order 
13175 do not apply.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this rule 
under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. We 
also do not believe this rule will impose any costs on small entities 
because it is merely organizational in nature. I hereby certify that 
this final rule will not have a significant economic impact on a 
substantial number of small entities.

Paperwork Reduction Act

    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) does 
not require a written statement for this final rule because the rule 
does not include a Federal mandate that may result in the expenditure 
in any one year of $155,000,000 or more by State, local, and tribal 
governments, or the private sector.

National Environmental Policy Act

    The agency has analyzed the environmental impacts of this action 
pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 
U.S.C. 4321 et seq.) and has determined that it is categorically 
excluded pursuant to DOT Order 5610.1C, Procedures for Considering 
Environmental Impacts (44 FR 56420, Oct. 1, 1979). Categorical 
exclusions are actions identified in an agency's NEPA implementing 
procedures that do not normally have a significant impact on the 
environment and therefore do not require either an environmental 
assessment (EA) or environmental impact statement (EIS). See 40 CFR 
1508.4. In analyzing the applicability of a categorical exclusion, the 
agency must also consider whether extraordinary circumstances are 
present that would warrant the preparation of an EA or EIS. Id. 
Paragraph 3.c.5 of DOT Order 5610.1C incorporates by reference the 
categorical exclusions for all DOT Operating Administrations. This 
action is covered by the categorical exclusion listed in the Federal 
Highway Administration's implementing

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procedures, ``[p]romulgation of rules, regulations, and directives.'' 
23 CFR 771.117(c)(20). The purpose of this rulemaking is to update the 
regulations that govern the organization of the Department and delegate 
authority from the Secretary to departmental officers and the heads of 
the Department's Operating Administrations. The agency does not 
anticipate any environmental impacts, and there are no extraordinary 
circumstances present in connection with this rulemaking.

List of Subjects in 49 CFR Part 1

    Authority delegations (Government agencies), Organization and 
functions (Government agencies).

    For the reasons stated in the preamble, the Department of 
Transportation revises 49 CFR part 1 to read as follows:

PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES

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

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an authority other than that of the official proposing to act.
    (b) Subject to the reservations of authority to the Secretary of 
Transportation in 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.

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    (f) Office of the Assistant Secretary for Governmental Affairs. 
This Office contains the following functional areas: Congressional 
Affairs and Intergovernmental Affairs; and includes a Deputy Assistant 
Secretary for Tribal Government Affairs.
    (g) Office of the Assistant Secretary for Administration. This 
Office is composed of:
    (1) The Office of Audit Relations;
    (2) The Office of Human Resource Management;
    (3) The Office of Hearings;
    (4) The Office of Security;
    (5) The Office of the Senior Procurement Executive;
    (6) The Office of Financial Management and Transit Benefit 
Programs; and
    (7) The Office of Facilities, Information and Asset Management.


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


