[Federal Register Volume 77, Number 160 (Friday, August 17, 2012)]
[Rules and Regulations]
[Pages 49963-49990]
[FR Doc No: 2012-19397]

Vol. 77

Friday,

No. 160

August 17, 2012

Part V

Department of Transportation

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49 CFR Part 1

 Organization and Delegation of Powers and Duties; Final Rule

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

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2012-0123]

49 CFR Part 1

RIN 2105-AE19

Organization and Delegation of Powers and Duties

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: The Office of the Secretary of Transportation (OST) is
updating its regulations. These regulations govern the organization of
the Department of Transportation and delegations of authority from the
Secretary to Departmental officers including the Deputy Secretary, the
Under Secretary, the General Counsel, the Assistant Secretaries, the
Inspector General, and the heads of Operating Administrations. This
rule is a publication of delegations made by the Secretary to other
Departmental officials.

DATES: Effective Date: August 16, 2012.

FOR FURTHER INFORMATION CONTACT: Robert Gorman, Office of the General
Counsel, at<PHONE_NUMBER>, via email at<EMAIL_ADDRESS>or by
writing to: Robert Gorman, Office of General Law, C-10, 1200 New Jersey
Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

    This final rule updates the Code of Federal Regulations (CFR)
sections that set forth the organization of the Department of
Transportation and delegations of authority from the Secretary of
Transportation to other Departmental officials including the Deputy
Secretary, the Under Secretary, the General Counsel, the Assistant
Secretaries, the Inspector General, and the heads of the Operating
Administrations. The purpose of this rule is to provide a road map to
the public and government officials regarding how the Department
operates, which office is responsible for which tasks, and the
authority pursuant to which Departmental offices act.
    The regulations set forth in 49 CFR Part 1 are outdated and do not
accurately reflect how the Department operates. For example, Part 1
still references the Coast Guard and the Transportation Security
Administration; the Department is no longer responsible for these
entities, and their presence in Part 1 creates unnecessary confusion.
    This rule amends Part 1 in three ways. First, it removes items that
are outdated and are no longer the Department's responsibility. Second,
it updates the Secretary's delegations to reflect new statutory
responsibilities and organizational changes within the Department.
Third, it clarifies the text, updates citations, and reorganizes the
sections in Part 1 to increase transparency, accessibility, and
readability.
    This final rule does not impose substantive requirements. It simply
updates the CFR to represent the current statutory and organizational
posture of the Department. The final rule is ministerial in nature and
relates only to Departmental management, organization, procedure, and
practice. Therefore, the Department has determined that notice and
comment are unnecessary and that the rule is exempt from prior notice
and comment requirements under 5 U.S.C. 553 (b)(3)(A). As these changes
will not have a substantive impact on the public, the Department does
not expect to receive significant comments on the substance of the
rule. Therefore, the Department finds that there is good cause under 5
U.S.C. 553(d)(3) to make this rule effective less than 30 days after
publication in the Federal Register.
    These revisions do not reflect all changes to Secretarial
authorities or delegations that may arise under the Moving Ahead for
Progress in the 21st Century Act (``MAP-21''), Public Law 112-141
(enacted July 6, 2012). The Department anticipates future revisions to
Part 1 as a result of MAP-21.

Organization

    Part 1 of 49 CFR lays out the structure of the Department of
Transportation, describes the role of each Departmental component, and
contains delegations of authority from the Secretary. Part 1 is being
reorganized to make that information more accessible and easier to
navigate. For example, the prior rule set forth the ``key
responsibilities'' of the Office of the Secretary and the Operating
Administrations in one section, described the ``spheres of primary
responsibility'' for OST officers in a different section, and set forth
the Secretary's delegations to Departmental components in various
succeeding sections. In contrast, the amended rule describes each
Departmental component in its own section, and places any delegated
responsibilities to that component in an adjacent section. This final
rule also clarifies the position of the Office of Inspector General
within the Department.
    Subsection A describes fundamental elements of the Department as a
whole. Subsection B describes the organization of the Office of the
Secretary, the role of each OST component, and the Secretary's
delegations to OST officers. Subsection C relates to the Office of
Inspector General. Subsection D describes the role of each Operating
Administration, and sets forth the Secretary's delegations to Operating
Administrators.

Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

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

Executive Order 13132

    This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
final rule does not have a substantial direct effect on, or sufficient
federalism implications for, the States, nor would it limit the
policymaking discretion of the States. Therefore, the consultation
requirements of Executive Order 13132 do not apply.

Executive Order 13175

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

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this rule
under the Administrative Procedure Act, 5 U.S.C. 553, the provisions of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. We
also do not believe this rule would impose any costs on small entities
as it makes non-substantive corrections. Therefore, I certify this
final rule will not have a significant economic impact on a substantial
number of small entities.

Paperwork Reduction Act

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

Unfunded Mandates Reform Act

    The Office of the Secretary has determined that the requirements of
Title II of the Unfunded Mandates Reform Act of 1995 do not apply to
this rulemaking.

List of Subjects in 49 CFR Part 1

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

    In consideration of the foregoing, the Department revises Title 49,
Part 1 of the Code of Regulations to read as follows:

PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES

Subpart A--General.
Sec.
1.1 Overview.
1.2 Organization of the Department.
1.3 Exercise of authority.
Subpart B--Office of the Secretary
1.11 Overview.
1.13 OST key responsibilities.
1.15 OST structure.
1.17 OST line of secretarial succession.

OST Officials

1.20 Secretary of Transportation.
1.21 Reservations of Authority to the Secretary of Transportation.
1.22 Deputy Secretary.
1.23 Delegations to the Deputy Secretary.
1.24 Under Secretary of Transportation for Policy.
1.25 Delegations to the Under Secretary of Transportation for
Policy.
1.25a Redelegations by the Under Secretary of Transportation for
Policy.
1.26 General Counsel.
1.27 Delegations to the General Counsel.
1.27a Delegations to the Career Deputy General Counsel.
1.27b Delegations to the Assistant General Counsel for General Law.
1.30 Assistant Secretaries.
1.31 Assistant Secretary for Transportation Policy.
1.32 Assistant Secretary for Aviation and International Affairs.
1.33 Assistant Secretary for Budget and Programs and Chief Financial
Officer.
1.34 Delegations to the Assistant Secretary for Budget and Programs
and Chief Financial Officer.
1.35 Assistant Secretary for Governmental Affairs.
1.36 Delegations to the Assistant Secretary for Governmental
Affairs.
1.37 Assistant Secretary for Administration.
1.38 Delegations to the Assistant Secretary for Administration.
1.38a Redelegations by the Assistant Secretary for Administration.
1.39 Executive Secretariat.
1.40 Departmental Office of Civil Rights.
1.41 Delegations to the Director of the Departmental Office of Civil
Rights.
1.42. Office of Small and Disadvantaged Business Utilization.
1.43 Delegations to the Director of the Office of Small and
Disadvantaged Business Utilization.
1.44 Office of Intelligence, Security and Emergency Response.
1.45 Delegations to the Director of the Office of Intelligence,
Security and Emergency Response.
1.46 Office of Public Affairs.
1.47 Delegations to the Assistant to the Secretary and Director of
Public Affairs.
1.48 Office of the Chief Information Officer.
1.49 Delegations to the Chief Information Officer.
1.50 Office of Drug & Alcohol Policy & Compliance.
1.60 General Authorizations and Delegations to Secretarial Officers.
Subpart C--Office of Inspector General
1.70 Overview.
1.71 Key responsibilities.
1.72 Structure.
1.73 Authority of Inspector General.
1.74 Delegations to Inspector General.
Subpart D--Operating Administrations
1.80 Overview.
1.81 Delegations to all Administrators.
1.81a Redelegation by all Administrators.
1.82 The Federal Aviation Administration.
1.83 Delegations to the Federal Aviation Administrator.
1.84 The Federal Highway Administration.
1.85 Delegations to the Federal Highway Administrator.
1.86 The Federal Motor Carrier Safety Administration.
1.87 Delegations to the Federal Motor Carrier Safety Administrator.
1.88 The Federal Railroad Administration.
1.89 Delegations to the Federal Railroad Administrator.
1.90 The Federal Transit Administration.
1.91 Delegations to the Federal Transit Administrator.
1.92 The Maritime Administration.
1.93 Delegations to the Maritime Administrator.
1.94 The National Highway Traffic Safety Administration.
1.95 Delegations to the National Highway Traffic Safety
Administrator.
1.96 The Pipeline and Hazardous Materials Safety Administration.
1.97 Delegations to the Pipeline and Hazardous Materials Safety
Administrator.
1.98 The Research and Innovative Technology Administration.
1.99 Delegations to the Research and Innovative Technology
Administrator.
1.100 The Saint Lawrence Seaway Development Corporation.
1.101 Delegations to Saint Lawrence Seaway Development Corporation
Administrator.
Appendix A to Part I--Delegations and Redelegations by Secretarial
Officers

    Authority: 49 U.S.C. 322.

Subpart A--General

Sec.  1.1  Overview.

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

Sec.  1.2  Organization of the Department.

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

Sec.  1.3  Exercise of authority.

    (a) In exercising powers and performing duties delegated by this
part or redelegated pursuant thereto, officials of the Department of
Transportation are governed by applicable laws, Executive Orders and
regulations and by policies, objectives, plans, standards, procedures,
and limitations as may be issued from time to time by or on behalf of
the Secretary, or, with respect to matters under their jurisdictions,
by or on behalf of the Deputy Secretary, the Under Secretary, the
General Counsel, an Assistant Secretary, the Inspector General, or an
Administrator. This includes, wherever specified, the requirement for
advance notice to, prior coordination with, or prior approval by an
authority other than that of the official proposing to act.
    (b) Subject to the reservations of authority to the Secretary of
Transportation in section 1.21, the Deputy Secretary, the Under
Secretary, the General Counsel, the Assistant Secretaries, the
Inspector General, and the Administrators exercise the powers and
perform the duties delegated to them under this part.
    (c) For delegations of authority vested in the Secretary by
Executive Order

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

Subpart B--Office of the Secretary

Sec.  1.11  Overview.

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

Sec.  1.13  OST Key Responsibilities.

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

Sec.  1.15  OST Structure.

    (a) Secretary and Deputy Secretary. The Secretary and Deputy
Secretary are assisted by the following, all of which report directly
to the Secretary:
    (1) The Chief of Staff;
    (2) The Executive Secretariat;
    (3) The Departmental Office of Civil Rights;
    (4) The Office of Small and Disadvantaged Business Utilization;
    (5) The Office of Intelligence, Security and Emergency Response;
    (6) The Office of Public Affairs;
    (7) The Office of the Chief Information Officer; and
    (8) The Office of Drug & Alcohol Policy & Compliance.
    (b) The Under Secretary of Transportation for Policy, the General
Counsel, and the Assistant Secretaries for Administration, Budget and
Programs, and Governmental Affairs also report directly to the
Secretary.
    (c) Office of the Under Secretary of Transportation for Policy.
This Office is composed of:
    (1) The Office of the Assistant Secretary for Transportation
Policy, which includes:
    (i) The Office of Safety, Energy, and the Environment,
    (ii) The Office of Infrastructure Finance and Innovation, and
    (iii) The Office of Economic and Strategic Analysis.
    (2) The Office of the Assistant Secretary for Aviation and
International Affairs, which includes:
    (i) The Office of International Transportation and Trade,
    (ii) The Office of International Aviation, and
    (iii) The Office of Aviation Analysis.
    (d) Office of the General Counsel. This Office is composed of:
    (1) The Office of General Law,
    (2) The Office of International Law,
    (3) The Office of Litigation,
    (4) The Office of Legislation,
    (5) The Office of Regulation and Enforcement,
    (6) The Office of Operations, which includes the Freedom of
Information Act (FOIA) Office,
    (7) The Office of Aviation Enforcement and Proceedings, which
includes the Aviation Consumer Protection Division, and
    (8) The Center for Alternative Dispute Resolution.
    (e) Office of the Assistant Secretary for Budget and Programs and
Chief Financial Officer. This Office is composed of:
    (1) The Office of Budget and Program Performance,
    (2) The Office of Financial Management, and
    (3) The Office of the Chief Financial Officer for the Office of the
Secretary.
    (f) Office of the Assistant Secretary for Governmental Affairs.
This Office contains the following functional areas: Congressional
Affairs and Intergovernmental Affairs; and includes a Deputy Assistant
Secretary for Tribal Government Affairs.
    (g) Office of the Assistant Secretary for Administration. This
Office is composed of:
    (1) The Office of Audit Relations,
    (2) The Office of Human Resource Management,
    (3) The Office of Hearings,
    (4) The Office of Security,
    (5) The Office of the Senior Procurement Executive,
    (6) The Office of Financial Management and Transit Benefit
Programs, and
    (7) The Office of Facilities, Information and Asset Management.

Sec.  1.17  OST Line of Secretarial Succession.

    (a) The following officials, in the order indicated, shall act as
Secretary of Transportation, in case of the absence or disability of
the Secretary, until the absence or disability ceases, or in the case
of a vacancy, until a successor is appointed. Notwithstanding the
provisions of this section, the President retains discretion, to the
extent permitted by the law, to depart from this order in designating
an acting Secretary of Transportation.
    (1) Deputy Secretary.
    (2) Under Secretary of Transportation for Policy.
    (3) General Counsel.
    (4) Assistant Secretary for Budget and Programs and CFO.
    (5) Assistant Secretary for Transportation Policy.
    (6) Assistant Secretary for Governmental Affairs.
    (7) Assistant Secretary for Aviation and International Affairs.
    (8) Assistant Secretary for Administration.
    (9) Administrator of the Federal Highway Administration.
    (10) Administrator of the Federal Aviation Administration.
    (11) Administrator of the Federal Motor Carrier Safety
Administration.
    (12) Administrator of the Federal Railroad Administration.

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

OST Officials

Sec.  1.20  Secretary of Transportation.

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

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

    (a) All powers and duties that are not delegated by the Secretary
in 49 CFR Part 1, or otherwise vested in officials other than the
Secretary, are reserved to the Secretary. Except as otherwise provided,
the Secretary may exercise powers and duties delegated or assigned to
officials other than the Secretary.
    (b) The delegations of authority in this part do not extend to the
following actions, authority for which is reserved to the Secretary or
the Secretary's delegatee within the Office of the Secretary:
    (1) General transportation matters.
    (i) Transportation leadership authority pursuant to 49 U.S.C. 301
(Duties of the Secretary of Transportation: Leadership, consultation,
and cooperation).
    (ii) Functions relating to transportation activities, plans, and
programs under 49 U.S.C. 304 (Joint activities with the Secretary of
Housing and Urban Development).
    (iii) Authority to develop, prepare, coordinate, transmit, and
revise transportation investment standards and criteria under 49 U.S.C.
305 (Transportation investment standards and criteria).
    (iv) Authority relating to standard time zones and advanced
(daylight) time (15 U.S.C. 260 et seq.).
    (2) Legislation, rulemakings, and reports. (i) Submission to the
President, the Director of the Office of Management and Budget, or
Congress of proposals or recommendations for legislation, significant
rulemakings and related documents as authorized by law, Executive
Orders, proclamations or reorganization plans, or other Presidential
action.
    (ii) Submission to the President or Congress of any report or any
proposed transportation policy or investment standards or criteria,
except with the prior written approval of the Secretary.
    (iii) Submission of the annual statement on systems of internal
accounting and administrative control under the Federal Managers'
Financial Integrity Act of 1982 (FMFIA) (31 U.S.C. 3512 note).
    (3) Budget and finance. (i) Approval and submission to the Office
of Management and Budget of original or amended budget estimates or
requests for allocations of personnel ceiling (31 U.S.C. 1108).
    (ii) Approval of requests for legislation which, if enacted, would
authorize subsequent appropriations for the Department (31 U.S.C.
581b).
    (iii) Transfer of the balance of an appropriation from one
operating element to another within the Department (31 U.S.C. 581c).
    (iv) Submission to the Director of the Office of Management and
Budget of requests for the transfer of the balance or portions of an
appropriation from one element to another within the Department (31
U.S.C. 665).
    (4) Personnel. (i) Recommendations to the Office of Personnel
Management regarding the allocation of a position to the Senior
Executive Service (SES) or Senior Level (SL), or Scientific and
Professional Positions (ST) (5 U.S.C. 5108).
    (ii) Recommendations to the Office of Personnel Management of
approval of the qualifications of any candidate for a position in the
SES or SL.
    (iii) Recommendations to the Office of Personnel Management of a
Lump-Sum Incentive Award in Excess of $10,000 (5 U.S.C. 4502).
    (iv) Approval of the following actions relating to Schedules A, B,
C, or D and noncareer executive assignment positions or incumbents,
except for actions under Schedules A and B limited to one year or less
at grade GS-9 or lower, or an equivalent level:
    (A) Establishment or abolition of positions;
    (B) Hires;
    (C) Promotions other than quality and periodic within-grade
promotions;
    (D) Transfer of personnel to Schedule A, B, C, or D positions or
non-career executive assignment positions, either permanently or on
detail; and
    (E) Transfer of personnel from Schedule A, B, C, or D or non-career
executive assignment positions to career Civil Service positions.
    (v) Approval of employment of experts or consultants.
    (vi) Authority to determine the maximum limit of age for
appointment of air traffic controllers as provided by 5 U.S.C. 3307(b).
    (vii) Authority to develop, coordinate, and issue wage schedules
under the Federal Wage system.
    (5) Security. (i) Authorizing the filling of a critical-sensitive
position for a limited period by a person on whom a preappointment full
field investigation has not been completed (Executive Order 10450) as
amended and Executive Order 12968 as amended by Executive Order 13467.
    (ii) Requesting Presidential approval of a claim of executive
privilege with respect to information requested by a Congressional
committee or Member of Congress.
    (iii) Making determinations prescribed by Executive Order 12968 as
amended by Executive Order 13467 and 32 CFR Part 147 relating to the
adjudication and final denial of access to classified information to
industry personnel.
    (iv) Making those determinations or delegations prescribed by
Executive Order 13526 that are reserved to the head of the Department.
    (6) Procurement. Exercising the extraordinary authority for defense
contracts provided for in Public Law 85-804 [(50 U.S.C. 1431-1435)].
    (7) Printing. Requesting approval of the Joint Committee on
Printing for any procurement or other action requiring Committee
approval.
    (8) Interagency agreements. Executing any written interdepartmental
or interagency agreement with the head of another executive department
or agency.
    (9) Withholding of funds. Withholding or suspension of Federal-Aid
Highway funds on a state-wide basis and the waiver or compromise of
such withholding or suspension, except for the administration of 23
U.S.C. 141 and 154, which are specifically delegated in Sec.  1.85
(FHWA) and Sec.  1.95 (NHTSA).
    (10) National Highway Safety Advisory Committee. Directing the

National Highway Safety Advisory Committee to meet (23 U.S.C. 404(c)).
    (11) Maritime Subsidy Board. Reviewing decisions, reports, orders
and other actions of the Maritime Subsidy Board.
    (12) Cash purchases of passenger transportation. The authority
under Federal Property Management Regulation G-72, as amended, to
authorize and approve cash purchases for emergency passenger
transportation services costing more than $100.
    (13) Solicitation of gifts. The implied authority to solicit gifts
associated with 49 U.S.C. 326(a).
    (14) Foreign travel. Approving official travel outside of the
United States.
    (15) United States Merchant Marine Academy. Pursuant to 49 U.S.C.
51303, the authority to appoint each year without competition as cadets
at the United States Merchant Marine Academy not more than 40 qualified
individuals with qualities the Secretary considers to be of special
value to the Academy.
    (16) Challenges and Competitions. Approving any challenge or
competition administered by any office or Operating Administration of
the Department.
    (17) Committees. Approving the establishment, modification,
extension, or termination of all advisory committees (including
industry advisory committees) subject to the Federal Advisory Committee
Act (Pub. L. 92-463; 5 U.S.C. App.), and the designation of
Departmental representatives to those committees.
    (18) Credit assistance approval. Granting final approval of
applications for credit assistance under the Transportation
Infrastructure Finance and Innovation Act (TIFIA), 23 U.S.C. 601-609.

Sec.  1.22  Deputy Secretary.

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

Sec.  1.23  Delegations to the Deputy Secretary.

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

Sec.  1.24  Under Secretary of Transportation for Policy.

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

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

    The Under Secretary is delegated the following authorities:
    (a) Lead the development of transportation policy and serve as the
principal adviser to the Secretary on all transportation policy
matters.
    (b) Establish policy and ensure uniform departmental implementation
of the National Environmental Policy Act of 1969, Public Law 91-190, as
amended (42 U.S.C. 4321-4347) within the Department of Transportation.
    (c) Oversee the implementation of 49 U.S.C. 303 (Policy on lands,
wildlife and waterfowl refuges, and historic sites).
    (d) Represent the Secretary of Transportation on various
interagency boards, committees, and commissions to include the
Architectural and Transportation Barriers Compliance Board and the
Advisory Council on Historic Preservation and the Trade Policy Review
Group and the Trade Policy Staff Committee.
    (e) Serve as the Department's designated principal conservation
officer pursuant to section 656 of the Department of Energy
Organization Act, Public Law 94-91 [42 U.S.C. 7266], and carry out the
functions vested in the Secretary by section 656 of the Act, which
pertains to planning and implementing energy conservation matters with
the Department of Energy.
    (f) Carry out the functions of the Secretary pertaining to aircraft
with respect to Transportation Order T-1 (44 CFR chapter IV) under the
Defense Production Act of 1950, as amended, Public Law 81-774, 64 Stat.
798 [50 U.S.C. App. 2061 et seq.] and Executive Order 10480 (3 CFR,
1949-1953 comp., p. 962), as amended (see also Executive Order 10773
and 12919).
    (g) Serve as Department of Transportation member of the Interagency
Group on International Aviation, and pursuant to Executive Order No.
11382 (3 CFR, 1966-1970 comp., p. 691), as amended, serve as Chair of
the Group.
    (h) Serve as second alternate representing the Secretary of
Transportation to the Trade Policy Committee as mandated by
Reorganization Plan No. 3 of 1979 (5 U.S.C. App. at 1381), as amended,
and Executive Order No. 12188 (3 CFR, 1980 comp., p. 131), as amended.
    (i) As supplemented by 14 CFR Part 385, and except as provided in
Sec. Sec.  1.99(j) (RITA), and 1.27 (General Counsel) of this part,
carry out the functions transferred to the Department from the Civil
Aeronautics Board and other related functions and authority vested in
the Secretary under the following:
    (1) Sections 40103(a)(2) (relating to the consultation with the
Architectural and Transportation Barriers Compliance Board before
prescribing regulations or procedures that will have a significant
impact on accessibility of commercial airports for handicapped
individuals), and (c) (relating to foreign aircrafts); 40105 (relating
to international negotiations, agreements, and

obligations); 40109(a), (c), (g), 46301(b) (smoke alarm penalty), (d),
(f), (g) (relating to the authority to exempt certain air carriers) and
(h); 40113(a) and (c); 40114(a) (relating to reports and records);
40115 (relating to the withholding of information from public
disclosure) of Chapter 401 of 49 U.S.C.; and 40116 (relating to the
Anti-Head Tax Act);
    (2) The following chapters of title 49, U.S.C., except as related
to departmental regulation of airline consumer protection and civil
rights which is delegated to the General Counsel at Sec.  1.27:
    (i) Chapter 411 of title 49, U.S.C., relating to air carrier
certification;
    (ii) Chapter 413 of title 49, U.S.C., relating to foreign air
transportation;
    (iii) Chapter 415 of title 49, U.S.C., relating to pricing;
    (iv) Chapter 417 of title 49, U.S.C., relating to the operations of
air carriers, except sections 41721-41723;
    (v) Chapter 419 of title 49, U.S.C. and 39 U.S.C. 5402, relating to
the transportation of mail; and
    (vi) Section 42303 of 49 U.S.C., relating to the management of the
Web site regarding the use of insecticides in passenger aircraft.
    (3) Section 42111 of title 49, U.S.C. with respect to mutual aid
agreements as it relates to foreign air transportation;
    (4) Chapters 461 and 463 of title 49, U.S.C., relating to aviation
investigations, proceedings, and penalties under Part A of Subtitle VII
of title 49, U.S.C. except for those sections delegated to the General
Counsel under Sec.  1.27, and to the Federal Aviation Administrator
under Sec.  1.83 of this part;
    (5) Chapter 473 of title 49, U.S.C., relating to international
airport facilities.
    (6) Section 11 of the Clayton Act, Public Law 63-212 [15 U.S.C.
21], relating to air carriers and foreign air carriers.
    (7) Section 3 of An Act to Encourage Travel in the United States,
and for other purposes, 54 Stat. 773 [16 U.S.C. 18b].
    (8) Sections 108(a)(4), 621(b)(5), 704(a)(5), and 814(b)(5) of the
Consumer Credit Protection Act, Public Law 90-321 [15 U.S.C.
1607(a)(4), 1681s(b)(5), 1691c(a)(5), and 1692l(b)(5)].
    (j) Carry out the functions vested in the Secretary by 49 U.S.C.
44907(b)(1), (c), and (e) related to the security of foreign airports
in coordination with the General Counsel, the Federal Aviation
Administrator, and the Assistant Secretary for Administration.
    (k) Carry out section 101(a)(2) of the Air Transportation Safety
and System Stabilization Act, Public Law 107-42 [49 U.S.C. 40101 note],
as delegated to the Secretary of Transportation by the President
pursuant to a Presidential Memorandum dated September 25, 2001.
    (l) Exercise the authority vested in the Secretary by section 11143
of the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users, Public Law 109-59, 119 Stat. 1144 (SAFETEA-
LU), to manage the day-to-day activities associated with implementation
of section 11143 regarding private activity bonds and tax-exempt
financing of highway projects and rail-truck facilities.
    (m) In coordination with the General Counsel, to carry out the
duties of the Secretary under Executive Orders 12866 and 13563 to
establish the value of statistical life in connection with assessing
the costs and benefits of Departmental regulatory action.

Sec.  1.25a  Redelegations by the Under Secretary of Transportation for
Policy.

    (a) The Assistant Secretary for Transportation Policy is delegated
authority to:
    (1) Establish policy and maintain oversight of implementation of
the National Environmental Policy Act of 1969, Public Law 91-190, as
amended (42 U.S.C. 4321-4347) within the Department of Transportation.
    (2) Oversee the implementation of 49 U.S.C. 303 (Policy on lands,
wildlife and waterfowl refuges, and historic sites).
    (3) Represent the Secretary of Transportation on various
interagency boards, committees, and commissions to include the
Architectural and Transportation Barriers Compliance Board and the
Advisory Council on Historic Preservation and the Trade Policy Review
Group and the Trade Policy Staff Committee.
    (4) Serve as the Department's designated principal conservation
officer pursuant to section 656 of the Department of Energy
Organization Act, Public Law 94-91 [ 42 U.S.C. 7266], and carry out the
functions vested in the Secretary by section 656 of the Act, which
pertains to planning and implementing energy conservation matters with
the Department of Energy.
    (5) Carry out the functions of section 42303 of 49 U.S.C., relating
to the management of the Web site regarding the use of insecticides in
passenger aircraft.
    (6) In coordination with the General Counsel, to carry out the
duties of the Secretary under Executive Orders 12866 and 13563 to
establish the value of statistical life in connection with assessing
the costs and benefits of Departmental regulatory action.
    (7) Carry out the duties of the Secretary under Executive Orders
12866 and 13563 to establish the value of time in connection with
assessing the costs and benefits of Departmental regulatory action.
    (b) The Assistant Secretary for Aviation and International Affairs
is delegated authority to:
    (1) Carry out the functions of the Secretary pertaining to aircraft
with respect to Transportation Order T-1 (44 CFR chapter IV) under the
Defense Production Act of 1950, as amended, Public Law 81-774, 64 Stat.
798 [50 U.S.C. App. 2061 et seq.] and Executive Order 10480 (3 CFR,
1949-1953 comp., p. 962), as amended (see also Executive Order 10773
and 12919).
    (2) Serve as Department of Transportation member of the Interagency
Group on International Aviation, and pursuant to Executive Order No.
11382 (3 CFR, 1966-1970 comp., p. 691), serve as Chair of the Group.
    (3) Serve as second alternate representing the Secretary of
Transportation to the Trade Policy Committee as mandated by
Reorganization Plan No. 3 of 1979 (5 U.S.C. App. at 1381), as amended,
and Executive Order No. 12188 (3 CFR, 1980 comp., p. 131).
    (4) As supplemented by 14 CFR Part 385, and except as provided in
Sec. Sec.  1.99 (RITA), and 1.27 (General Counsel) of this part, carry
out the functions transferred to the Department from the Civil
Aeronautics Board and other related functions and authority vested in
the Secretary under the following provisions of Title 49, U.S.C.:
    (i) Sections 40103(a)(2) (relating to the consultation with the
Architectural and Transportation Barriers Compliance Board before
prescribing regulations or procedures that will have a significant
impact on accessibility of commercial airports for handicapped
individuals), and (c) (relating to foreign aircrafts); 40105 (relating
to international negotiations, agreements, and obligations); 40109(a),
(c), (g), 46301(b) (smoke alarm penalty), (d), (f), (g) (relating to
the authority to exempt certain air carriers) and (h); 40113(a) and
(c); 40114(a) (relating to reports and records); 40115 (relating to the
withholding of information from public disclosure; and 40116 (relating
to the Anti-Head Tax Act);
    (ii) The following chapters of title 49, U.S.C., except as related
to departmental regulation of airline consumer protection and civil
rights which is

delegated to the General Counsel at Sec.  1.27:
    (A) Chapter 411, relating to air carrier certification;
    (B) Chapter 413, relating to foreign air transportation;
    (C) Chapter 415, relating to pricing;
    (D) Chapter 417, relating to the operations of air carriers, except
section 41721-41723;
    (E) Chapter 419, and 39 U.S.C. 5402, relating to the transportation
of mail;
    (iii) Section 42111 of title 49, U.S.C. with respect to mutual aid
agreements as it relates to foreign air transportation;
    (iv) Chapters 461 and 463 of title 49, U.S.C., relating to aviation
investigations, proceedings, and penalties under Part A of 49 U.S.C.
Subtitle VII except for those sections delegated to the General Counsel
under Sec.  1.27, and to the Federal Aviation Administrator under Sec.
1.83 of this part;
    (v) Chapter 473 of title 49, U.S.C., relating to international
airport facilities.
    (vi) Section 11 of the Clayton Act, Public Law 63-212 [15 U.S.C.
21], relating to air carriers and foreign air carriers.
    (vii) Section 3 of An Act to Encourage Travel in the United States,
and for other purposes, 54 Stat. 773 [16 U.S.C. 18b].
    (viii) Sections 108(a)(4), 621(b)(5), 704(a)(5), and 814(b)(5) of
the Consumer Credit Protection Act, Public Law 90-321 [15 U.S.C.
1607(a)(4), 1681s(b)(5), 1691c(a)(5), and 1692l(b)(5)].
    (5) Carry out the functions vested in the Secretary by 49 U.S.C.
44907(b)(1), (c), and (e) related to the security of foreign airports
in coordination with the General Counsel, the Federal Aviation
Administrator, and the Assistant Secretary for Administration.
    (6) Carry out section 101(a)(2) of the Air Transportation Safety
and System Stabilization Act, Public Law 107-42 [49 U.S.C. 40101 note],
as delegated to the Secretary of Transportation by the President
pursuant to a Presidential Memorandum dated September 25, 2001.
    (7) Carry out the functions vested in the Secretary by 49 U.S.C.
47129, relating to resolution of disputes over the reasonableness of
fees imposed upon air carriers.

Sec.  1.26  General Counsel.

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

Sec.  1.27  Delegations to the General Counsel.

    The General Counsel is delegated authority to:
    (a) Conduct all rulemaking proceedings under the Americans with
Disabilities Act, the Disadvantaged Business Enterprise program, and
the Uniform Time Act, as amended (15 U.S.C. 260 et seq.).
    (b) Determine the practicability of applying the standard time of
any standard time zone to the movements of any common carrier engaged
in interstate or foreign commerce and issue operating exceptions in any
case in which the General Counsel determines that it is impractical to
apply the standard time (49 CFR 71.1).
    (c) Issue regulations making editorial changes or corrections to
the regulations of the Office of the Secretary.
    (d) Grant permission, under specific circumstances, to deviate from
a policy or procedure prescribed by the regulations of the Office of
the Secretary (49 CFR Part 9) with respect to the testimony of OST
employees as witnesses in legal proceedings, the serving of legal
process and pleadings in legal proceedings involving the Secretary or
his Office, and the production of records of that Office pursuant to
subpoena.
    (e) Respond to petitions for rulemaking or petitions for exemptions
in accordance with 49 CFR 5.13(c) (Processing of petitions), and notify
petitioners of decisions in accordance with 49 CFR 5.13(d).
    (f) Provide counsel to employees on questions of conflict of
interest covered by departmental regulations on employee responsibility
and conduct.
    (g) Coordinate the issuance of proposed Executive Orders and
proclamations for transmittal to the Office of Management and Budget
for action by the White House.
    (h) Except with respect to proceedings relating to safety fitness
of an applicant (49 U.S.C. 307), decide on requests to intervene or
appear before courts (with the consent of the Department of Justice) or
agencies to present the views of the Department, subject to the
concurrence of the Secretary.
    (i) Exercise the authority delegated to the Department by the
Assistant Attorney General, Land and Natural Resources Division, in his
order of October 2, 1970, to approve the sufficiency of the title to
land being acquired by purchase or condemnation by the United States
for the use of the Department. (See also Appendix 1 relating to
delegations to Operating Administration Chief Counsel).
    (j) Consider, ascertain, adjust, determine, compromise, and settle
for an amount not exceeding $100,000, any tort claim arising from the
activities of any employee of the Office of the Secretary; and request
the approval of the Attorney General for any such award, compromise, or
settlement in excess of $100,000 (28 CFR part 14.).
    (k) Compromise, suspend collection action on, or terminate claims
of the United States not exceeding $100,000 (excluding interest) that
are referred to, or arise out of the activities of the Office of the
Secretary of Transportation.
    (l) Conduct coordination with foreign governments under section 118
of the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1428).
    (m) Exercise review authority under 49 U.S.C. 41307 (related
actions about foreign air transportation) delegated to the Secretary by
the President in Executive Order 12597.
    (n) Assist and protect consumers in their dealings with the air
transportation industry and conduct all departmental regulation of
airline consumer protection and civil rights pursuant to chapters 401
(General Provisions), 411 (Air Carrier Certificates), 413 (Foreign Air
Transportation), 417 (Operations of Carriers), and 423 (Passenger Air
Service Improvements) of title 49 U.S.C.
    (o) Carry out the functions vested in the Secretary by 49 U.S.C.
40119(b) (Security and research and development activities), as
implemented by 49 CFR part 15 (Protection of Sensitive Security
Information), relating to the determination that information is

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

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

    The career Deputy General Counsel is delegated authority to:
    (a) Serve as the Department's Designated Agency Ethics Official in
accordance with 5 CFR 2638.202;
    (b) Serve as the Department's Dispute Resolution Specialist
pursuant to section 3(b) of the Alternative Dispute Resolution Act of
1996, Public Law 104-320, 5 U.S.C. App.; and
    (c) Serve as the Department's Chief FOIA Officer under 5 U.S.C.
552(j).

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

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

Sec.  1.30  Assistant Secretaries.

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

Sec.  1.31   Assistant Secretary for Transportation Policy.

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

Sec.  1.32  Assistant Secretary for Aviation and International Affairs.

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

Sec.  1.33  Assistant Secretary for Budget and Programs and Chief
Financial Officer.

    (a) The Assistant Secretary for Budget and Programs is the
principal budget and financial advisor to the Secretary and serves as
Chief Financial Officer (CFO) for the Department. The Assistant
Secretary for Budget and Programs and CFO provides oversight and policy
guidance for all budget, financial management, program performance, and
internal control activities of the

Department and its Operating Administrations.
    (b) The Assistant Secretary for Budget and Programs and CFO concurs
in the appointment and promotion of Chief Financial Officers, Budget
Officers, and Directors of Finance of the Department and its Operating
Administrations, and participates with each Administrator in the
performance reviews of Chief Financial Officers, Budget Officers, and
Directors of Finance in each of the Operating Administrations.
    (c) The Assistant Secretary for Budget and Programs and CFO, in
consultation with the Chief Information Officer, may designate any
information technology system as a financial management system under
the CFO's policy and oversight area of responsibility.
    (d) The Assistant Secretary for Budget and Programs and CFO serves
as the Vice Chair of the Department's Credit Council. The Office of the
Assistant Secretary supports the Department's Credit Council by
analyzing applications for the Department's various credit programs.
The CFO also oversees the TIFIA program and the TIFIA Joint Program
Office on behalf of the Secretary, including the evaluation of
individual projects, and provides overall policy direction and program
decisions for the TIFIA program.
    (e) The Office of the Assistant Secretary for Budget and Programs
and CFO is responsible for preparation, review, and presentation of
Department budget estimates; liaison with the Office of Management and
Budget and Congressional Budget and Appropriations Committees;
preparation of the Department's annual financial statements;
departmental financial plans, apportionments, reapportionments,
reprogrammings, and allotments; program and systems evaluation and
analysis; program evaluation criteria; program resource plans; analysis
and review of legislative proposals and one-time reports and studies
required by Congress; and budget and financial management relating to
the Office of the Secretary.

Sec.  1.34  Delegations to the Assistant Secretary for Budget and
Programs and Chief Financial Officer.

    The Assistant Secretary for Budget and Programs and CFO is
delegated authority to:
    (a) Serve as the Department's Chief Financial Officer pursuant to
31 U.S.C. 901 (Establishment of Agency Chief Financial Officers).
    (b) Exercise day-to-day operating management responsibility over
the Office of Budget and Program Performance, the Office of Financial
Management, and the Office of the CFO for the Office of the Secretary.
    (c) Direct and manage the Departmental planning, evaluation,
budget, financial management, and internal control activities.
    (d) Exercise oversight and provide exclusive policy guidance to the
Enterprise Services Center (ESC) regarding all financial management
activities conducted by ESC and financial systems operated by ESC. This
authority includes concurrence with any organizational changes within
the Federal Aviation Administration that may affect financial
management operations of the ESC.
    (e) Request apportionment or reapportionment of funds by the Office
of Management and Budget, provided that no request for apportionment or
reapportionment which anticipates the need for a supplemental
appropriation shall be submitted to the Office of Management and Budget
without appropriate certification by the Secretary.
    (f) Issue allotments or allocations of funds to components of the
Department.
    (g) Authorize and approve official travel and transportation for
staff members of the Immediate Office of the Secretary including
authority to sign and approve related travel orders and travel
vouchers, but not including requests for overseas travel.
    (h) Issue monetary authorizations for use of reception and
representation funds.
    (i) Act for the Secretary and Deputy Secretary with respect to
certain budgetary and administrative matters relating to the Immediate
Office of the Secretary.
    (j) Exercise the Secretary's authority under 31 U.S.C. 3711 to
collect, compromise, suspend collection action on, or terminate claims
of the United States not exceeding $100,000 (excluding interest) which
are referred to, or arise out of the activities of, the Office of the
Secretary (excluding claims pertaining to the Working Capital Fund).
    (k) Exercise the Secretary's authority under the Improper Payments
Elimination and Recovery Act of 2010 (Pub. L. 111-204) (33 U.S.C. 3301
note).
    (l) Exercise the Secretary's authority under the Improper Payments
Information Act of 2002 (Pub. L. 107-300) (31 U.S.C. 3321 note).
    (m) Exercise the Secretary's authority under the Recovery Auditing
Act (Section 831, Defense Authorization Act for FY 2002 (Pub. L. 107-
107).
    (n) Exercise the Secretary's authority under the Federal Financial
Management Improvement Act of 1996 (31 U.S.C. 3512 note).
    (o) Exercise the Secretary's authority under Federal Managers'
Financial Integrity Act of 1982 (FMFIA) (31 U.S.C. 3512 note).
    (p) Exercise the Secretary's authority under the Accounting and
Auditing Act of 1950 (31 U.S.C. 3512), as amended by FMFIA.
    (q) Exercise the Secretary's authority under the Government
Performance and Results Act (GPRA) (Pub. L. 103-623) (1993).
    (r) Exercise the Secretary's authority under the Accountability of
Tax Dollars Act of 2002, 31 U.S.C. 3515.
    (s) Exercise the Secretary's authority under the Government
Management Reform Act of 1994 (GMRA) (Pub. L. 103-356).

Sec.  1.35  Assistant Secretary for Governmental Affairs.

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

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

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

Sec.  1.37  Assistant Secretary for Administration.

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

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

Sec.  1.38  Delegations to the Assistant Secretary for Administration.

    The Assistant Secretary for Administration is delegated authority
for the following:
    (a) Acquisition. (1) Exercise procurement authority with respect to
requirements of the Office of the Secretary.
    (2) Make the required determinations with respect to mistakes in
bids relative to sales of personal property conducted by the Office of
the Secretary without power of redelegation.
    (3) Carry out the functions vested in the Secretary by sections 3
and 4(b) (as appropriate) of Executive Order 11912 (energy
conservation).
    (4) Carry out the functions delegated to the Secretary from time to
time by the Administrator of General Services to lease real property
for Department use.
    (5) Carry out the duties and responsibilities of agency head for
departmental procurement within the meaning of the Federal Acquisition
Regulation. This authority as agency head for departmental procurement
excludes duties, responsibilities, and powers expressly reserved for
the Secretary of Transportation.
    (6) Serve as Deputy Chief Acquisition Officer.
    (7) Provide departmental guidance on grants, cooperative
agreements, loans, and other transactions.
    (b) Personnel. (1) Conduct a personnel management program for the
Office of the Secretary of Transportation, with authority to take,
direct others to take, recommend or approve any personnel action with
respect to such authority.
    (2) Serve as Vice Chairman of the Departmental Executive Resources
Board.
    (3) Exercise emergency authority to hire without the prior approval
of the Deputy Secretary normally required by departmental procedures
implementing general employment limitations when in the judgment of the
Assistant Secretary immediate action is necessary to effect the hire
and avoid the loss of a well-qualified job applicant, and for similar
reasons.
    (4) Review proposals of the Office of the Secretary for each new
appointment or transfer to verify the essentiality of the position.
    (5) Approve employment of experts and consultants in accordance
with 5 U.S.C. 3109.
    (6) Provide policy and overall direction in the execution of the
DOT Labor-Management Relations Program, including issuing final
interpretations for the Department and its Operating Administrations on
matters arising under section 7117 of title VII of the Civil Service
Reform Act of 1978.
    (7) Develop and operate the Federal Employee Workplace Drug and
Alcohol Testing Program in accordance with Executive Order 12564 and
The Omnibus Transportation Employee Testing Act of 1991, Public Law
102-143, Title V.
    (8) Serve as the Chief Human Capital Officer:
    (i) Oversee, direct, and execute all authorities included in the
Chief Human Capital Officers Act of 2002 (5 U.S.C. 1401 et seq.); and
    (ii) Advise the Secretary on the Department's human capital needs
and obligations, and to implement all related rules and regulations of
the President and the Office of Personnel Management, and all laws
government human resource management as delineated in the Federal
Workforce Improvement Act of 2002.
    (c) Sustainability. Responsible for ensuring that the Department
meets its sustainability goals pursuant to the Energy Independence and
Security Act (EISA) of 2007 (Pub. L. 110-140); the Energy Policy Act of
2005 (Pub. L. 109-58); E.O. 13514 (Federal Leadership in Environmental,
Energy, and Economic Performance); and E.O. 14323 (Strengthening
Federal Environmental, Energy, and Transportation Management).
    (d) Finance. (1) Administer the financial and fiscal affairs of the
Office of the Secretary (other than those for which the Assistant
Secretary for Budget and Programs and CFO is responsible), in
accordance with 31 U.S.C. 3512.
    (2) Settle and pay claims by employees of the Office of the
Secretary for personal property losses, as provided by 31 U.S.C.
241(b).
    (3) Waive claims and make refunds in connection with claims of the
United States for erroneous Working Capital Fund (WCF) payments of pay
and allowances or of travel, transportation, and relocation expenses
and allowances to a WCF employee of the Office of the Secretary in
amounts aggregating not more than $1,500 without regard to any
repayments, and deny requests for waiver of such claims regardless of
the aggregate amount of the claim, as provided by 4 CFR parts 91, 92,
and 93. This authority may be redelegated only to the Director of
Financial Management.
    (4) Compromise, suspend collection action on, or terminate claims
of the United States not exceeding $100,000 (excluding interest) which
are referred to, or arise out of the activities of, the Working Capital
Fund.
    (5) Oversee the Working Capital Fund for the Office of the
Secretary, established by 49 U.S.C. 327.
    (6) Oversee a mass transportation and vanpool transportation fringe
benefit program under Executive Order 13150.
    (e) Special funds. Except as otherwise delegated, establish or
operate, or both, such special funds as may be required by statute or
by administrative determination. This excludes the Working Capital Fund
(49 U.S.C. 327).
    (f) Security. (1) Serves as the agency representative appointed by
the Secretary of Transportation to participate on the Interagency
Security Committee in accordance with Executive Order 12977, to
establish policies for the security in and protection of Federal
facilities.
    (2) Represents the department on the White House Communications
Agency Principal Communications Working Group and the Department of
State Overseas Security Policy Board.
    (3) Conducts an internal security management program for the
Department of Transportation with authority to take, direct others to
take, recommend, or approve security actions with respect to such
authorities related to personnel security, physical security, technical
security, and classified and sensitive information management.
    (4) Issues identification media as directed by Homeland Security
Presidential Directive 12, ``Policy for Common Identification Standard
for Federal Employees and Contractors'' and other identification media
(including credentials, passports and visas) by direction of the
Secretary.
    (5) Manages the Department's classified information program as
directed by Executive Order 13526, ``Classified National Security
Information.''

    (6) Takes certain classified actions on behalf of the Department in
connection with technical counter-surveillance programs as required by
Executive Order 13526, ``Classified National Security Information.''
    (7) In conjunction with the Office of Security, Intelligence and
Emergency Response, and the Office of the General Counsel, carries out
the functions vested in the Secretary by 49 U.S.C. 40119(b), as
implemented by 49 CFR part 15, related to the protection of information
designated as Sensitive Security Information.
    (8) Ensure Department-wide compliance with Executive Orders 12968
as amended, 13467, 13488, 13526, 13556, and related regulations and
issuances.
    (g) Printing. (1) Request approval of the Joint Committee on
Printing, Congress of the United States, for any procurement or other
action requiring Committee approval.
    (2) Certify the necessity for departmental periodicals and request
approval of the Director of the Office of Management and Budget (OMB
Circular No. A-3 Revised as of Sept. 8, 1960).
    (h) Building management. Carry out the functions vested in the
Secretary by sections 1(c) and 4(b) (as appropriate) of Executive Order
11912 (energy conservation).
    (i) Hearings. Provide logistical and administrative support to the
Department's Office of Hearings.
    (j) Federal real property management. Carry out the functions
assigned to the Secretary with respect to Executive Order 13327, as
amended.
    (k) The Uniform Act. Carry out the functions, powers, and duties of
the Secretary to implement the Uniform Act (42 U.S.C. Chapter 61) with
respect to programs administered by the Office of the Secretary. This
authority is subject to the requirements listed in Sec.  1.81 that
govern all Operating Administrations' authority with respect to the
Uniform Act.
    (l) Regulations. Issue Departmental procurement regulations,
subject to coordination with the General Counsel and interested
Operating Administrations. In commenting upon proposed provisions for
the procurement regulations, the Operating Administrations will
indicate the nature and purpose of any additional implementing or
supplementing policy guidance which they propose to issue at the
Operating Administration level.
    (m) Designated Agency Safety and Health Official. Serve as the
Designated Agency Safety and Health Official under 29 CFR 1960.6(a) to
represent the interest of, and support, the Department's occupational
safety and health program.
    (n) Senior Real Property Officer. Serve as the Senior Real Property
Officer for the Department pursuant to Executive Order 13327, Federal
Real Property Asset Management (as amended), and chair the Departmental
Real Property Planning Council.
    (o) Telework Managing Officer. Serve as the Telework Managing
Officer pursuant to 5 U.S.C. 6505.

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

    (a) The Director, Office of the Senior Procurement Executive is
redelegated the authority to:
    (1) Carry out the duties and responsibilities of agency head for
departmental procurement within the meaning of the Federal Acquisition
Regulation except for those duties expressly reserved for the Secretary
of Transportation.
    (2) Carry out the functions of the Chief Acquisition Officer (CAO)
except for those functions specifically reserved for the Deputy
Secretary. In carrying out these functions and in support of
requirements under Services Acquisition Reform Act (SARA), enacted as
part of the National Defense Authorization Act for 2004--Public Law
108-136, the Senior Procurement Executive (SPE) is expected to interact
directly, and without intervening authority, with the CAO on issues
related to strategic acquisition policy, implementation, and
management. The nature and frequency of interactions with the CAO will
be determined mutually between the SPE and the CAO.
    (3) Procure and authorize payment for property and services for the
Office of the Secretary, with power to re-delegate and authorize
successive re-delegations.
    (b) The Director of Human Resources Management is redelegated the
authority to:
    (1) Develop and oversee human resource policies for the Department
of Transportation, including concurrence in the appointment and
promotion of all HR Directors in each Operating Administration and
participation with each Administrator in the performance reviews of HR
Directors.
    (2) Conduct a personnel management program for the Office of the
Secretary with authority to take, direct others to take, recommend or
approve any personnel action with respect to such authority.
    (3) Develop, coordinate, and issue wage schedules for Department
employees under the Federal Wage System.
    (c) The Director of Financial Management is redelegated the
authority to:
    (1) Designate to the Treasury Department certifying officers and
designated agents for the Office of the Secretary and imprest fund
cashiers for the Departmental Headquarters.
    (2) Certify to the validity of obligations as required by 31 U.S.C.
200 and to the adequacy of bond coverage for the designations under
section 160(c)(2).
    (3) Sign reports on Budget Execution as required by OMB Circular A-
34 (Revised).
    (4) Review and approve for payment any voucher for $25 or less the
authority for payment of which is questioned by a certifying or
disbursing officer.
    (5) Process essential air service payments.
    (6) Approve claims of WCF employees allowable under 31 U.S.C. 3721
for amounts of $500 or less.

Sec.  1.39  Executive Secretariat.

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

Sec.  1.40  Departmental Office of Civil Rights.

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

meet applicable Federal civil rights requirements.

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

    The Director of the Departmental Office of Civil Rights is
delegated authority to conduct all stages of the formal employment
discrimination complaints process (including acceptance/dismissal,
investigation, and final adjudication); to provide guidance to the
Operating Administrations and Secretarial officers concerning the
implementation and enforcement of all civil rights laws, regulations
and Executive Orders for which the Department is responsible; to
otherwise perform activities to ensure compliance with external civil
rights programs; and to review and evaluate the Operating
Administrations' enforcement of these authorities. These authorities
include:
    (a) Title VI and VII of the Civil Rights Act of 1964, 42 U.S.C.
2000d et seq. and 2000e et seq.
    (b) Sections 501 and 504 of the Rehabilitation Act of 1973, 29
U.S.C. 791 and 794-794a.
    (c) Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et
seq.
    (d) Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq.
    (e) Americans with Disabilities Act of 1990, 42 U.S.C. 12101-
121213.
    (f) ADA Amendments Act of 2008 (Pub. L. 110-325) [42 U.S.C. 12101
Note].
    (g) Genetic Information Nondiscrimination Act of 2008, 42 U.S.C.
2000ff et seq.
    (h) Equal Pay Act of 1963, 29 U.S.C. 206(d).
    (i) Alcohol, Drug Abuse, and Mental Health Administration
Reorganization Act (Pub. L. 102-321)
    (j) Chapter XIV of Subtitle B, of Title 29 of the CFR (Equal
Employment Opportunity Commission Regulations).
    (k) Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284) [42
U.S.C. 3601 et seq].
    (l) 40 U.S.C. 476 (prohibition on sex discrimination).
    (m) Title IX of the Education Amendments of 1972, 20 U.S.C. 1681.
    (n) In coordination with the Assistant Secretary for Transportation
Policy, Executive Order No. 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (See also E.O. 12948).
    (o) 49 U.S.C. 306 (prohibition on discrimination in programs
receiving financial assistance), 5310 (transportation for elderly
persons and persons with disabilities), 5332 (nondiscrimination in mass
transportation), 41705 (discrimination by air carriers against
handicapped persons), 47113 (minority and disadvantaged business
participation), and 47123 (nondiscrimination in airport improvement
programs).
    (p) 23 U.S.C. 140, 324, and 402(b)(1)(D) (nondiscrimination in
highway programs).
    (q) The Intermodal Surface Transportation Efficiency Act of 1991,
Public Law 102-240, 105 Stat. 1919, section 1003.

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

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

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

    The Director of Small and Disadvantaged Business Utilization is
delegated authority to:
    (a) Exercise departmental responsibility for the implementation and
execution of functions and duties under sections 2[8] and 2[15] of the
Small Business Act (Public Law 85-836) [15 U.S.C. 637 and 644].
    (b) Carry out the functions vested in the Secretary by 49 U.S.C.
332 (Minority Resource Center).

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

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

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

    The Director of Intelligence, Security, and Emergency Response is
delegated authority to:
    (a) Carry out the functions related to emergency preparedness and
response vested in the Secretary by the following authorities: 49
U.S.C. 101 and 301; the Defense Production Act of 1950, 50 U.S.C. App.
2061 et seq., as such authorities are delegated to the Department under
Executive Order 13603, National Defense Resource Preparedness;
Executive Order 12148, as amended, Federal Emergency Management;
Executive Order 12656, Assignment of Emergency Preparedness
Responsibilities (as amended; see E.O. 13286); Executive Order 12742,
National Security Industrial Responsiveness; Executive Order 13434,
National Security Professional Development; Reorganization Plan No. 3
of 1978; and such other statutes, executive orders, and other
directives as may pertain to emergency preparedness and response.
    (b) Serve as the Department's Continuity Coordinator in accordance
with National Security Presidential Directive 51/Homeland Security
Presidential Directive 20, National Continuity Policy, and Federal
Continuity Directives (FCD) 1 Federal Executive Branch National
Continuity Program and Requirements and FCD 2 Federal Executive Branch
Mission Essential Function and Primary Mission Essential Function
Identification and Submission Process. Provide leadership for
departmental programs pertaining to intelligence related to the
transportation sector, transportation security policy, and civil
transportation emergency preparedness and response activities.
    (c) Lead departmental collaboration efforts with the Department of
Homeland Security and other Departments and Agencies related to
transportation security and transportation infrastructure protection as
required by Homeland Security Presidential Directive 7, Critical
Infrastructure Identification, Prioritization, and Protection.
    (d) Together with the Assistant Secretary for Administration, carry
out oversight and management of the duties pertaining to national
security professional development assigned to the Secretary under
Executive Order 13434, National Security Professional Development.
    (e) Together with the Office of the Assistant Secretary for
Aviation and International Affairs, coordinate the Department's
responsibilities under

National Security Presidential Directive 44, Management of Interagency
Efforts Concerning Reconstruction and Stabilization, and Presidential
Decision Directive 56, Managing Complex Contingency Operations,
pertaining to interagency reconstruction and stabilization assistance.
    (f) Lead departmental efforts pertaining to transportation-related
international civil emergency preparedness activities, including
coordinating DOT representation on North Atlantic Treaty Organization
committees, as directed under Executive Order 12656 (as amended; see
E.O. 13286).
    (g) Carry out the functions vested in the Secretary by 49 U.S.C
40119(b), as implemented by 49 CFR part 15, related to the designation
of information as Sensitive Security Information.
    (h) Oversee the Department's protective service program.
    (i) Serve as the Secretary's representative to the Transportation
Security Oversight Board, in accordance with 49 U.S.C 115, when so
designated.
    (j) Lead Departmental participation in internal and interagency
planning efforts related to preparedness in accordance with
Presidential Policy Directive 8, National Preparedness.
    (k) Serve as the Secretary's senior advisor on matters pertaining
to public health, biological, and medical matters.
    (l) Develop departmental plans to support the Department of Defense
Civil Reserve Air Fleet (CRAF) program and allocate civil air carrier
aircraft to CRAF based on Department of Defense requirements.
    (m) Oversee operation of the Department's Crisis Management Center.
    (n) Lead departmental efforts for all interaction with the Program
Manager, Information Sharing Environment to include appointing the
Associate Director for Intelligence as the DOT Information Sharing
Program Manager to coordinate day-to-day Information Sharing
Environment matters.
    (o) Carry out departmental responsibilities under Executive Order
13587, Structural Reforms to Improve the Security of Classified
Networks and the Responsible Sharing and Safeguarding of Classified
Information, including overseeing classified information sharing and
safeguarding efforts for DOT. Oversee the day-to-day activities for
monitoring the Top Secret and Secret classified network used by DOT.
    (p) Serve as the department's program manager responsible for
oversight of all intelligence programs, to include the DOT
Counterintelligence effort as it pertains to the DOT classified
networks, and coordinate intelligence matters throughout the
department. Nothing in this provision is intended to prohibit or limit
a component's ability to conduct intelligence activities authorized by
law.

Sec.  1.46  Office of Public Affairs.

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

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

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

Sec.  1.48  Office of the Chief Information Officer.

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

Sec.  1.49  Delegations to the Chief Information Officer.

    The Chief Information Officer is delegated authority to carry out
all functions and responsibilities:
    (a) Assigned to the Secretary with respect to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506);
    (b) Assigned to the Secretary with respect to the Clinger-Cohen Act
of 1996 (40 U.S.C. 11312 to 11314, and 11317);
    (c) Assigned to the Secretary with respect to the E-Government Act
of 2002, Public Law 107-347;
    (d) Necessary to ensure compliance with the Federal Information
Security Management Act of 2002 (44 U.S.C. 3534 and 3544);
    (e) To serve as the Chief Privacy Officer under the Privacy Act, 5
U.S.C. 552a (note; see Pub. L. 108-447) and to administer the Privacy
Act and 49 CFR part 10 (Maintenance of and Access to Records Pertaining
to Individuals) in connection with the records of the Office of the
Secretary;
    (f) Necessary to issue notices of Department of Transportation
systems of records as required by the Privacy Act; and
    (g) Assigned to the Secretary with respect to the Federal Records
Act (44 U.S.C. 3101-3102) and necessary to ensure compliance with the
regulations of the National Archives and Records Administration (36 CFR
1220 et seq.; 44 U.S.C. Chapters 21, 29, 31, and 33), in coordination
with the General Counsel.

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

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

Sec.  1.60  General Authorizations and Delegations to Secretarial
Officers.

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

effectiveness and advise the Secretary regarding the adequacy thereof.
    (b) Except for nondelegable statutory duties including those that
transfer as a result of succession to act as Secretary of
Transportation, each Deputy Assistant Secretary and Deputy General
Counsel is authorized to act for and perform the duties of his or her
principal in the absence or disability of the principal and as
otherwise directed by the principal.
    (c) The Deputy Secretary, the Under Secretary, the General Counsel,
and the Assistant Secretaries for Administration, Budget and Programs,
and Governmental Affairs are delegated authority to:
    (1) Redelegate and authorize successive redelegations of authority
granted by the Secretary within their respective organizations, except
as limited by law or specific administrative reservation, including
authority to publish those redelegations in appendix A of this part.
    (2) Authorize and approve official travel (except foreign travel)
and transportation for themselves, their subordinates, and others
performing services for, or in cooperation with, the Office of the
Secretary.
    (3) Establish ad hoc committees for specific tasks within their
assigned staff area.
    (4) Establish, modify, extend, or terminate standing committees
within their specific areas of responsibility when directed or
authorized to do so by the Secretary.
    (5) Designate members of interagency committees when such
committees are specifically concerned with responsibilities of direct
interest to their office.
    (6) Exercise the following authorities with respect to positions in
the Senior Executive Service and Senior Level within their respective
areas of responsibility:
    (i) Determine how executive level positions will be filled; i.e.,
by reassignment, promotion, or appointment.
    (ii) Establish selection criteria to be used in identifying
eligible candidates.
    (iii) Confer with the Administrators on selection criteria and
candidates for an executive level position that is a counterpart of an
activity or position in the Office of the Secretary.
    (iv) Recommend final selection for executive level positions,
subject to review by the Executive Committee of the Departmental
Executive Resources Board and approval by the Secretary and the Office
of Personnel Management.
    (7) Enter into inter- and intra-departmental reimbursable
agreements other than with the head of another department or agency (31
U.S.C. 686). This authority may be redelegated only to office directors
or other comparable levels and to contracting officers.
    (8) Administer and perform the functions described in their
respective functional statements.
    (9) Exercise the authority of the Secretary to make certifications,
findings and determinations under the Regulatory Flexibility Act (Pub.
L. 96-354) with regard to any rulemaking document for which issuance
authority is delegated by other sections in this part. This authority
may be redelegated to those officials to whom document issuance
authority has been redelegated.
    (10) Exercise the authority of the Secretary to resolve informal
allegations of discrimination arising in or relating to their
respective organizations through Equal Employment Opportunity
counseling or the Alternative Dispute Resolution process and to develop
and implement affirmative action and diversity plans within their
respective organizations.
    (11) Exercise the authority vested in the Secretary by 49 U.S.C.
326(a) and 31 U.S.C. 1353 to accept, in an amount not exceeding $1,000
in value and subject to the concurrence of the Designated Agency Ethics
Official, the following: gifts of property (other than real property),
gifts of services (in carrying out aviation duties and powers) or
reimbursement of travel expenses from non-federal sources. Acceptance
of such gifts or travel reimbursement exceeding $1,000 in value or
those that are otherwise significant may only take place with the
additional concurrence of the General Counsel. This delegation extends
only to the acceptance of gifts or travel expenses and does not
authorize the solicitation of gifts, which is reserved to the Secretary
at 49 CFR 1.21.

Subpart C--Office of Inspector General

Sec.  1.70  Overview.

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

Sec.  1.71  Key responsibilities.

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

Sec.  1.72  Structure.

    This Office is composed of:
    (a) The Office of the Deputy Inspector General;
    (b) The Office of the Principal Inspector General for
Investigations;
    (c) The Office of the Principal Inspector General for Auditing and
Evaluation;
    (d) The Office of the Assistant Inspector General for
Administration;
    (e) The Office of the Assistant Inspector General for Legal,
Legislative and External Affairs;
    (f) The Office of the Assistant Inspector General for Aviation and
Special Programs;
    (g) The Office of the Assistant Inspector General for Financial and
Information Technology Audits;
    (h) The Office of the Assistant Inspector General for Highway and
Transit Audits;
    (i) The Office of the Assistant Inspector General for Rail,
Maritime and Economic Analysis; and
    (j) The Office of the Assistant Inspector General for Acquisition
and Procurement Audits.

Sec.  1.73  Authority of Inspector General.

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

Sec.  1.74  Delegations to Inspector General.

    The Inspector General is delegated authority to:
    (a) Redelegate and authorize successive redelegations of authority
granted by the Secretary within the Office of Inspector General, except
as limited by law or specific administrative reservation.
    (b) Authorize and approve official travel, including foreign travel
and transportation for themselves, their subordinates, and others
performing services for, or in cooperation with, the Office of the
Secretary.
    (c) Exercise the authority of the Secretary to resolve informal
allegations of discrimination arising in or relating to the Inspector
General through Equal Employment Opportunity counseling or the
Alternative Dispute Resolution process and to develop and implement
affirmative action and diversity plans.
    (d) Exercise the authority vested in the Secretary by 49 U.S.C.
326(a) to accept gifts of property (other than real property) or
services (in carrying out aviation duties and powers), and the
authority to accept travel reimbursements from non-federal sources
under 31 U.S.C. 1353.
    (e) The implied authority to solicit gifts associated with 49
U.S.C. 326(a), notwithstanding the reservation of authority to the
Secretary in section 1.21.
    (f) Carry out the emergency preparedness functions assigned to the
Secretary by Executive Order 12656 (as amended; see E.O. 13286) and by
the Federal Emergency Management Agency and General Services
Administration (FEMA and GSA) as they pertain to the Office of
Inspector General, including those relating to continuity of
operations, emergency resource management, and training.
    (g) Determine the existence and amount of indebtedness and the
method of collecting repayments from employees and members within the
Office of Inspector General and collect repayments accordingly, as
provided by 5 U.S.C. 5514.
    (h) Waive claims and make refunds in connection with claims of the
United States for erroneous payment of pay and allowances or of travel,
transportation, and relocation expenses and allowances in amounts
aggregating not more than $1,500 without regard to any repayments, and
deny requests for waiver of such claims regardless of the aggregate
amount of the claim, as provided by 4 CFR parts 91, 92, and 93.
    (i) Settle and pay claims by employees for personal property losses
as provided by 31 U.S.C. 3721 (Claims of personnel of agencies and the
District of Columbia government for personal property damage or loss).
    (j) Review and approve for payment any voucher for $25 or less the
authority for payment of which is questioned by a certifying or
disbursing officer.
    (k) Request the Attorney General, after the concurrence of the
General Counsel, to approve the award, compromise, or settlement of any
tort claim for an amount exceeding $100,000 (excluding interest) (28
U.S.C. 2672).
    (l) Compromise, suspend collection action on, or terminate claims
of the United States not exceeding $100,000 (excluding interest) that
are referred to, or arise out of the activities of the Office of
Inspector General.
    (m) Compromise, suspend collection action on, or terminate tort
claims against the United States not exceeding $100,000 (excluding
interest) that are referred to, or arise out of the activities of the
Office of Inspector General provided that when the Inspector General
believes that a claim against the United States presents a novel
question of law or of policy, he or she shall coordinate with the
General Counsel to obtain the advice of the Assistant Attorney General
in charge of the Civil Division; and provided further that whenever he
or she settles any administrative claim against the United States for
an amount in excess of $50,000, the Inspector General shall prepare a
memorandum fully explaining the basis for the action taken and
coordinate with the General Counsel before sending a copy of the
memorandum to the Director, Federal Torts Claims Act Staff, Torts
Branch of the Civil Division, U.S. Department of Justice.
    (n) Make written requests under subsection (b)(7) of the Privacy
Act, 5 U.S.C. 552a(b)(7), for records maintained by other agencies that
are necessary to carry out an authorized law enforcement activity.

Subpart D--Operating Administrations

Sec.  1.80  Overview.

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

Sec.  1.81  Delegations to all Administrators.

    (a) Except as prescribed by the Secretary of Transportation, each
Administrator is authorized to:
    (1) Exercise the authority of the Secretary over and with respect
to any personnel within their respective organizations.
    (2) Exercise the authority of the Secretary as executive head of a
department, under any statute, Executive Order or regulation.
    (3) Exercise the authority vested in the Secretary to prescribe
regulations under 49 U.S.C. 322(a) with respect to statutory provisions
for which authority is delegated by other sections in this part.
    (4) Carry out the functions of the Secretary concerning
environmental enhancement by 49 U.S.C. 303 (Duties of the Secretary of
Transportation: Policy on lands, wildlife and waterfowl refuges, and
historic sites) and 23 U.S.C. 138 as they relate to matters within the
primary responsibility of each Operating Administration.
    (5) Carry out the functions of the Secretary under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section
176(c) of the Clean Air Act (42 U.S.C. 7506(c)), and related
environmental laws as they relate to matters within the primary
responsibility of each Operating Administration.
    (6) Carry out the functions of the Secretary under section 106 of
the Historic Preservation Act of 1966, 16 U.S.C. 470f, as they relate
to matters within the primary responsibility of each Operating
Administration.
    (7) Administer FOIA and 49 CFR part 7 (Public Availability of
Information) in connection with the records of the Operating
Administration.
    (8) Administer the Privacy Act, 5 U.S.C. 552a and 49 CFR part 10
(Maintenance of and Access to Records Pertaining to Individuals) in
connection with the records of the Operating Administration.
    (9) Make written requests under subsection (b)(7) of the Privacy
Act for records maintained by other agencies that are necessary to
carry out an authorized law enforcement activity.
    (10) Carry out the emergency preparedness functions assigned to the
Secretary by Executive Order 12656, (as amended; see E.O. 13286) and by
the Federal Emergency Management Agency and General Services
Administration (FEMA and GSA) as they pertain to his or her
administration, including those relating to continuity of operations,
emergency resource management, associated Federal claimant procedures,
facilities protection and warfare effects monitoring and reporting,
research, stockpiling, financial aid, and training.
    (11) Enter into inter- and intradepartmental reimbursable
agreements other than with the head of another department or agency.
This authority may be redelegated only to Office Directors, Regional
Directors, District Commanders or other

comparable levels and Contracting Officers.
    (12) Determine the existence and amount of indebtedness and the
method of collecting repayments from employees within their respective
administrations and collect repayments accordingly, as provided by 5
U.S.C. 5514. Redelegation of this authority may be made only to the
principal officials responsible for financial management or such
officials' principal assistants.
    (13) Waive claims and make refunds in connection with claims of the
United States for erroneous payment of pay and allowances or of travel,
transportation, and relocation expenses and allowances in amounts
aggregating not more than $1,500 without regard to any repayments, and
deny requests for waiver of such claims regardless of the aggregate
amount of the claim, as provided by 4 CFR parts 91, 92, and 93.
Redelegation of this authority may be made only to the level of
Regional Director or Regional Administrator.
    (14) Settle and pay claims by employees for personal property
losses as provided by 31 U.S.C. 3721 (Claims of personnel of agencies
and the District of Columbia government for personal property damage or
loss). This authority may be redelegated only to Office Directors,
Regional Directors, or other comparable levels and to those individuals
that report to the above officials.
    (15) Exercise the authority of the Secretary to resolve informal
allegations of discrimination arising in or relating to their
respective organizations through Equal Employment Opportunity
counseling or the Alternative Dispute Resolution process and to develop
and implement affirmative action and diversity plans within their
respective organizations. With regard to external civil rights
programs, each Administrator exercises authority pursuant to statutes,
regulations, Executive Orders, or delegations in this subpart to carry
out these programs, under the guidance of the Director of the
Departmental Office of Civil Rights, including conducting compliance
reviews and other activities relating to the enforcement of these
statutes, regulations, and Executive Orders.
    (16) Review and approve for payment any voucher for $25 or less the
authority for payment of which is questioned by a certifying or
disbursing officer.
    (17) Authorize and approve official non-foreign travel and
transportation for themselves, their subordinates, and others
performing services for, or in cooperation with, their Operating
Administrations.
    (18) Exercise the authority of the Secretary to make
certifications, findings and determinations under the Regulatory
Flexibility Act (5 U.S.C. 601, et seq. with regard to any rulemaking
document for which issuance authority is delegated by other sections in
this part. This authority may be redelegated to those officials to whom
document issuance authority has been delegated.
    (19) Carry out the functions vested in the Secretary by 15 U.S.C.
3710(a), which authorizes agencies to permit their laboratories to
enter into cooperative research and development agreements.
    (20) Request the Attorney General, after the concurrence of the
General Counsel, to approve the award, compromise, or settlement of any
tort claim for an amount exceeding $100,000 (excluding interest) (28
U.S.C. 2672).
    (21) Compromise, suspend collection action on, or terminate claims
of the United States not exceeding $100,000 (excluding interest) that
are referred to, or arise out of the activities of, his or her
Operating Administration.
    (22) Compromise, suspend collection action on, or terminate claims
against the United States under the Federal Tort Claims Act, not
exceeding $100,000 (excluding interest) that are referred to, or arise
out of the activities of, his or her Operating Administration; provided
that when the Administrator believes that a claim against the United
States presents a novel question of law or of policy, he or she shall
coordinate with the General Counsel to obtain the advice of the
Assistant Attorney General in charge of the Civil Division; and
provided further that whenever he or she settles any administrative
claim against the United States for an amount in excess of $50,000, the
Administrator shall prepare a memorandum fully explaining the basis for
the action taken and coordinate with the General Counsel before sending
a copy of the memorandum to the Director, Federal Torts Claims Act
Staff, Torts Branch of the Civil Division, U.S. Department of Justice.
    (23) Enter into memoranda of agreement with the Occupational Safety
and Health Administration (OSHA) in regard to setting and enforcing
occupational safety or health standards and whistleblower protection
for employees in DOT-regulated industries. The General Counsel shall
concur in each memorandum of understanding with OSHA prior to its
execution by the Administrator of the Operating Administration
concerned.
    (24) Enter into memoranda of agreement with the Mine Safety Health
Administration (MSHA) in regard to setting and enforcing safety
standards for employees in DOT-regulated industries while on mine
property. The General Counsel shall concur in each memorandum of
agreement with MSHA prior to its execution by the Administrator of the
Operating Administration concerned.
    (25) Exercise the authority vested in the Secretary by Section 329A
of the Department of Transportation and Related Agencies Appropriations
Act, 1995, Public Law 103-331, 329A, 108 Stat. 2471, 2493 (September
30, 1994), to enter into grants, cooperative agreements, and other
transactions with any person, agency, or instrumentality of the United
States, any unit of state or local government, any educational
institution, and any other entity in execution of the Technology
Reinvestment Project authorized under the Defense Conversion,
Reinvestment, and Transition Assistance Act of 1992, Public Law 102-
484, 106 Stat. 2658 (October 23, 1992), and related legislation.
    (26) Carry out the functions vested in the Secretary by 49 U.S.C.
40119(b), as implemented by 49 CFR part 15, in coordination with the
Office of the General Counsel and the Office of Intelligence, Security
and Emergency Response, relating to the determination that information
is Sensitive Security Information within their respective
organizations.
    (27) Exercise the authority vested in the Secretary by 49 U.S.C.
326(a) and 31 U.S.C. 1353 to accept, in an amount not exceeding $1,000
in value and subject to the concurrence of the Operating
Administration's Deputy Ethics Official, the following: Gifts of
property (other than real property), gifts of services (in carrying out
aviation duties and powers) or reimbursement of travel expenses from
non-federal sources. Acceptance of such gifts or travel reimbursement
exceeding $1,000 in value or those that are otherwise significant may
only take place with the additional concurrence of the General Counsel.
This delegation extends only to the acceptance of gifts or travel
expenses and does not authorize the solicitation of gifts, which is
reserved to the Secretary at 49 CFR 1.21.
    (28) Exercise the authority vested in the Secretary by the Federal
Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, 104
Stat. 890), as amended by the Debt Collection Improvement Act of 1996
(Pub. L. 104-134, 110 Stat. 1321), to promulgate rules that adjust
civil penalties.
    (29) Carry out the functions vested in the Secretary to implement
the Uniform Relocation Assistance and Real Property Acquisition Act of
1970 (Uniform Act),

42 U.S.C. Chapter 61, with respect to programs administered by their
respective Operating Administrations. Each Operating Administration may
prescribe additional Uniform Act guidance that is appropriate to those
particular programs, provided that such additional guidance must be
consistent with the Uniform Act and 49 CFR Part 24. The lead agency for
Uniform Act matters is the Federal Highway Administration (see section
1.85 and 49 CFR Part 24).

Sec.  1.81a  Redelegation by all Administrators.

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

Sec.  1.82  The Federal Aviation Administration.

    Is responsible for:
    (1) Promulgating and enforcing regulations on all safety matters
relating to the operation of airports, the manufacture, operation, and
maintenance of aircraft, and the efficiency of the National Airspace
System;
    (2) Planning and supporting the development of an integrated
national system of airports, with due consideration of safety,
capacity, efficiency, environmental compatibility and sustainability;
    (3) Administering federal financial assistance programs for
airports including airport grants-in-aid;
    (4) Preserving and enhancing the safety and efficiency of the
Nation's air transportation system by implementing NextGen and other
technologies, as appropriate;
    (5) Registering aircraft and recording rights in aircraft;
    (6) Developing, modifying, testing, and evaluating systems,
procedures, facilities, and devices needed for the safe and efficient
navigation and traffic control of aircraft;
    (7) Locating, constructing or installing, maintaining and operating
Federal aids to air navigation, wherever necessary;
    (8) Developing air traffic regulations, and administering air
navigation services for control of civil and military air operations
within U.S. airspace, as well as administering such air navigation
services as the FAA has accepted responsibility for providing in
international airspace and the airspace of foreign countries;
    (9) Promoting aviation safety and efficiency through technical
aviation assistance to foreign aviation authorities;
    (10) Developing strategies to improve runway safety at all
commercial service airports;
    (11) Administering the Continuous Lower Energy, Emissions and Noise
program, improving connections to surface transportation, and other
efforts to increase the environmental sustainability of the Nation's
air transportation systems;
    (12) Conducting an effective airport technology research program to
improve airport safety, efficiency, and sustainability;
    (13) Exercising the final authority for carrying out all functions,
powers, and duties of the Administration in accordance with 49 U.S.C.
106(f) and adjudication in accordance with 49 U.S.C. 40110(d) and that
such authorities supersede any conflicting provisions elsewhere in this
part.
    (14) Promoting and encouraging U.S. leadership in commercial space
activities, and promulgating and enforcing regulations on safety
matters relating to commercial space transportation.

Sec.  1.83  Delegations to the Federal Aviation Administrator.

    The Federal Aviation Administrator is delegated authority to:
    (a) Carry out the following functions vested in the Secretary by 49
U.S.C. Subtitle VII (Aviation Programs):
    (1) Sections 40103(a)(2), relating to the consultation with the
Architectural and Transportation Barriers Compliance Board before
prescribing regulations or procedures that will have a significant
impact on accessibility of commercial airports or commercial air
transportation for individuals with disabilities; 40109(c), but only as
it relates to the regulation of 49 U.S.C. 46301(b) (smoke alarm device
penalties), and 40109(e), relating to maximum flying hours 40113(a) as
it relates to the functions vested in the Secretary and delegated in
this section; 40114, relating to reports and records requirements;
40115, relating to withholding information from public disclosure;
40116, relating to the prohibition on State taxation as the prohibition
may affect an airport sponsor's grant assurances; 40117, relating to
passenger facility charges; 40119(b), relating to the issuance of
regulations on disclosure of information obtained or developed in
ensuring security; and 40127(b) of chapter 401, relating to prohibition
on discrimination by private airports;
    (2) Section 41723 of subchapter I of chapter 417, relating to
notice concerning aircraft assembly;
    (3) Section 44102(b) of chapter 441, relating to defining the term
``based and primarily used in the United States'';
    (4) Chapter 443, relating to insurance;
    (5) Chapter 445, relating to facilities, personnel, and research,
except section 44502(a)(3) as it relates to authorizing a department,
agency, or instrumentality of the United States Government to carry out
any duty or power under subsection 44502(a) with the consent of the
head of the department, agency, or instrumentality;
    (6) Chapter 447, relating to safety regulation;
    (7) Chapter 451, relating to alcohol and controlled substances
testing;
    (8) Subpart IV of Part A of 49 U.S.C. Subtitle VII (chapters 461-
465) relating to the Secretary's authority to enforce and impose
penalties under sections of Subtitle VII that have been delegated to
the Federal Aviation Administrator in this section;
    (9) Part B of 49 U.S.C. Subtitle VII (chapters 471-475) relating to
airport development and noise;
    (10) Part C of 49 U.S.C. Subtitle VII (chapters 481-483) relating
to financing; and
    (11) Part E of 49 U.S.C. Subtitle VII (chapter 501) relating to
Buy-American Preferences.
    (b) Carry out the functions vested in the Secretary by chapters 509
and 511 (commercial space) of title 51, U.S.C. and coordinate with the
Assistant Secretary for Aviation and International Affairs regarding
those functions related to the promotion of the aerospace industry.
    (c) Carry out the functions vested in the Secretary by part B of
title II of the Clean Air Act, as amended (84 Stat. 1703), and by 40
CFR part 87 as it relates to exemptions from aircraft air pollution
standards.
    (d)(1) Except as delegated to the Under Secretary of Transportation
for Policy by Sec.  1.25, carry out the functions vested in the
Secretary by 49 U.S.C. 5121(a), (b), (c), and (d), 5122, 5123, and
5124, relating to the transportation or shipment of hazardous materials
by air.
    (2) Carry out the functions vested in the Secretary by 49 U.S.C.
5114, relating to the establishment of procedures for monitoring and
enforcing regulations with respect to the transportation of radioactive
materials on passenger-carrying aircraft.
    (e) Serve, or designate a representative to serve, as Vice Chairman
and alternate Department of Transportation member of the Interagency
Group on International Aviation (IGIA) pursuant to interagency
agreement of December 9, 1960, and Executive Order 11382, and

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

Sec.  1.84  The Federal Highway Administration.

    Is responsible for:
    (a) Developing safety strategies using a data-driven, systematic
approach to address safety for motorists, bicyclists, and pedestrians
from engineering, education, enforcement, and emergency medical
services perspectives and coordinating with FMCSA and NHTSA as
appropriate.
    (b) Planning, in cooperation with the States, the national highway
system.
    (c) Improving, in cooperation with the States (via the provision of
grants), roads on the Federal-aid primary, secondary, and interstate
highway systems and urban extensions thereof, to increase the
percentage of highways in good condition.
    (d) Identifying and deploying innovation aimed at shortening
project delivery, enhancing the safety of our roadways, and protecting
the environment.
    (e) Surveying and constructing forest highway system roads, defense
highways and access roads, and parkways and roads in national parks and
other federally-administered areas.
    (f) Developing and administering uniform State standards for
highway safety programs with respect to identification and surveillance
of accident locations; highway design, construction, and maintenance,
including context sensitive solutions, highway-related aspects of
pedestrian safety, and traffic control devices.
    (g) Administering the Department's Highway Bridge Program to ensure
the Nation has safe, well-maintained bridges for use by the traveling
public.
    (h) In coordination with NHTSA, RITA, and FMCSA, conducting
vehicle-to-vehicle and vehicle-to-infrastructure research.
    (i) Managing TIFIA funds, 23 U.S.C. 601-609, in conjunction with
the TIFIA Joint Program Office, including managing accounting and
budgeting activities, and procuring any necessary financial or
technical support services for the TIFIA program.
    (j) Maximizing the positive impacts on the U.S. economy by
encouraging domestic manufacturing on highway projects through the
enforcement of Buy America provisions.

Sec.  1.85  Delegations to the Federal Highway Administrator.

    (a) The Federal Highway Administrator is delegated authority to
administer the following provisions of title 23, U.S.C. (Highways):
    (1) Chapter 1, Federal-Aid Highways, except for sections 142 (as it
relates to matters within the primary responsibility of the Federal
Transit Administrator), 153, 154, 158, 159, 161, and 164.
    (2) Chapter 2, Other Highways, except for section 205.
    (3) Chapter 3, General Provisions, except for section 322.
    (4) Section 409 of chapter 4, Highway Safety.
    (5) Chapter 5, Research, Technology, and Education, except for
sections 508 and 509.
    (6) Chapter 6, Infrastructure Finance, subject to the limitations
set forth in sections 1.33 (Assistant Secretary for Budget and
Programs) and 1.21 (reservation to the Secretary of final approval of
TIFIA credit assistance applications).
    (b) The Federal Highway Administrator is delegated authority to
administer the following provisions of title 49, U.S.C.
(Transportation):
    (1) Section 20134(a) with respect to the laws administered by the
Federal Highway Administrator pertaining to highway safety and highway
construction; and
    (2) Sections 31111 and 31112 (as it relates to matters within the
primary responsibility of the Federal Highway Administration).
    (c) The Federal Highway Administrator is delegated authority to
administer the following laws relating generally to highways:
    (1) Section 502(c) of the General Bridge Act of 1946, as amended,
60 Stat. 847, [33 U.S.C. 525(c)].
    (2) Reorganization Plan No. 7 of 1949 (63 Stat. 1070).
    (3) The Federal-Aid Highway Act of 1954, as amended (Pub. L. 83-
350, 68 Stat. 70).
    (4) The Federal-Aid Highway Act of 1956, as amended (Pub. L. 84-
627, 70 Stat. 374).
    (5) The Highway Revenue Act of 1956, as amended (Pub. L. 84-627, 70
Stat. 374, 387, 23 U.S.C.A. 120 note).
    (6) The Alaska Omnibus Act, as amended (Pub. L. 86-70, 73 Stat.
141, 48 U.S.C.A. 21 note.).
    (7) The Act of September 26, 1961, as amended (Pub. L. 87-307, 75
Stat. 670).
    (8) The Act of April 27, 1962 (Pub. L. 87-441, 76 Stat. 59).
    (9) The Federal-Aid Highway Act of 1962, as amended (Pub. L. 87-
866, 76 Stat. 1145).
    (10) The Joint Resolution of August 28, 1965, as amended (Pub. L.
89-139, 79 Stat. 578, 23 U.S.C.A. 101 et seq., notes).
    (11) The Federal-Aid Highway Act of 1966, as amended (Pub. L. 889-
574, 80 Stat. 766).
    (12) The Federal-Aid Highway Act of 1968, as amended (Pub. L. 90-
495, 82 Stat. 815).
    (13) The Federal-Aid Highway Act of 1970, as amended (except
section 118) (Pub. L. 91-605, 84 Stat. 1713).
    (14) Sections 103, 104, 111(b), 128(b), 131, 135, 136, 141, 147,
149, 154, 158 through 161, 163, 203, 206, 401, and 402 of the Federal-
Aid Highway Act of 1973, as amended (Pub. L. 93-87, 87 Stat. 250;
Public Law 93-643, 88 Stat. 2281).
    (15) Sections 102(b) (except subparagraph (2)) and (c); 105 (b)(1)
and (c); 141; 146; 147; and 152 of the Federal-Aid Highway Act of 1976
(Pub. L. 94-280, 90 Stat. 425).
    (16) The Highway Beautification Act of 1965, as amended (Pub. L.
89-285, 79 Stat. 1028, 23 U.S.C.A. 131 et seq., notes).
    (17) The Federal-Aid Highway Act of 1982 (Pub. L. 97-327, 96 Stat.
1611), except section 6 as it relates to matters within the primary
responsibility of the Federal Transit Administrator.