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

Sec.  1.84  The Federal Highway Administration.

    Is responsible for:
    (a) Improving mobility on our Nation's highways through national
leadership, innovation, and program delivery.
    (b) Developing safety strategies using a data-driven, systematic
approach to address safety for motorists, bicyclists, and pedestrians
from engineering, education, enforcement, and emergency medical
services perspectives and coordinating with FMCSA and NHTSA as
appropriate.
    (c) Planning, in cooperation with the States, the nation's highway
system.
    (d) Improving, in cooperation with the States (via the provision of
grants), infrastructure condition, safety, mobility and freight
movement roads on the National Highway System, including the Interstate
System and to other federal-aid roads and other surface transportation
infrastructure.
    (e) Identifying and deploying innovation aimed at shortening
project delivery, enhancing the safety of our roadways, and protecting
the environment.
    (f) Surveying and constructing Federal lands transportation
facilities, Federal

lands access transportation facilities, tribal transportation
facilities, defense highways and access roads, and parkways and roads
in national parks and other federally-administered areas.
    (g) Developing and administering uniform State standards for
highway safety programs with respect to identification and surveillance
of crash locations; highway design, construction, and maintenance,
including context sensitive solutions, highway-related aspects of
pedestrian safety, and traffic control devices.
    (h) Administering the Department's National Bridge Inspection
Standards and the National Tunnel Inspection Standards to ensure the
Nation has safe, well-maintained bridges and tunnels for use by the
traveling public.
    (i) In coordination with NHTSA, RITA, and FMCSA, conducting
vehicle-to-vehicle and vehicle-to-infrastructure research.
    (j) Managing TIFIA funds, 23 U.S.C. 601-609, in conjunction with
the TIFIA Joint Program Office, including managing accounting and
budgeting activities, and procuring any necessary financial or
technical support services for the TIFIA program.
    (k) Maximizing the positive impacts on the U.S. economy by
encouraging domestic manufacturing on highway projects through the
enforcement of Buy America provisions.

Sec.  1.85  Delegations to the Federal Highway Administrator.

    (a) The Federal Highway Administrator is delegated authority to
administer the following provisions of title 23, U.S.C. (Highways):
    (1) Chapter 1, Federal-Aid Highways, except for:
    (i) Section 142 (as it relates to matters within the primary
responsibility of the Federal Transit Administrator);
    (ii) The following sections as they relate to matters within the
primary responsibility of the National Highway Traffic Safety
Administration: 153, 154, 158, 161, 163, and 164; and
    (iii) Section 167(f) (National Freight Strategic Plan).
    (2) Chapter 2, Other Highways, except for section 205.
    (3) Chapter 3, General Provisions (as it relates to matters within
the primary responsibility of the Federal Highway Administration),
except for section 322.
    (4) Section 409 of chapter 4, Highway Safety.
    (5) Chapter 5, Research, Technology, and Education, except for
section 508.
    (6) Chapter 6, Infrastructure Finance, subject to the limitations
set forth in Sec. Sec.  1.33 (Assistant Secretary for Budget and
Programs) and 1.21 (reservation to the Secretary of final approval of
TIFIA credit assistance applications).
    (b) The Federal Highway Administrator is delegated authority to
administer the following provisions of title 49, U.S.C.
(Transportation):
    (1) Section 20134(a) with respect to the laws administered by the
Federal Highway Administrator pertaining to highway safety and highway
construction; and
    (2) Sections 31111 and 31112 (as it relates to matters within the
primary responsibility of the Federal Highway Administration).
    (3) Section 31314 (as it relates to matters within the primary
responsibility of the Federal Highway Administration).
    (c) The Federal Highway Administrator is delegated authority to
administer the following laws relating generally to highways:
    (1) Section 502(c) of the General Bridge Act of 1946, as amended,
Public Law 79-601, tit. V, 60 Stat. 847, [33 U.S.C. 525(c)].
    (2) Reorganization Plan No. 7 of 1949 (63 Stat. 1070).
    (3) The Federal-Aid Highway Act of 1954, as amended (Pub. L. 83-
350, 68 Stat. 70).
    (4) The Federal-Aid Highway Act of 1956, as amended (Pub. L. 84-
627, tit. I, 70 Stat. 374).
    (5) The Highway Revenue Act of 1956, as amended (Pub. L. 84-627,
tit. II, 70 Stat. 374, 387).
    (6) The Alaska Omnibus Act, as amended (Pub. L. 86-70, 73 Stat.
141).
    (7) The Act of September 26, 1961, as amended (Pub. L. 87-307, 75
Stat. 670).
    (8) The Act of April 27, 1962 (Pub. L. 87-441, 76 Stat. 59).
    (9) The Federal-Aid Highway Act of 1962, as amended (Pub. L. 87-
866, 76 Stat. 1145).
    (10) The Joint Resolution of August 28, 1965, as amended (Pub. L.
89-139, 79 Stat. 578).
    (11) The Federal-Aid Highway Act of 1966, as amended (Pub. L. 889-
574, 80 Stat. 766).
    (12) The Federal-Aid Highway Act of 1968, as amended (Pub. L. 90-
495, 82 Stat. 815).
    (13) The Federal-Aid Highway Act of 1970, as amended (except
section 118) (Pub. L. 91-605, 84 Stat. 1713).
    (14) Sections 103, 104, 111(b), 128(b), 131, 135, 136, 141, 147,
149, 154, 158 through 161, 163, 203, 206, 401, and 402 of the Federal-
Aid Highway Act of 1973, as amended (Pub. L. 93-87, 87 Stat. 250; Pub.
L. 93-643, 88 Stat. 2281).
    (15) Sections 102(b) (except subparagraph (2)) and (c); 105 (b)(1)
and (c); 141; 146; 147; and 152 of the Federal-Aid Highway Act of 1976
(Pub. L. 94-280, 90 Stat. 425).
    (16) The Highway Beautification Act of 1965, as amended (Pub. L.
89-285, 79 Stat. 1028, 23 U.S.C. 131 et seq., notes).
    (17) The Federal-Aid Highway Act of 1982 (Pub. L. 97-327, 96 Stat.
1611), except section 6 as it relates to matters within the primary
responsibility of the Federal Transit Administrator.
    (18) The Surface Transportation Assistance Act of 1982, as amended,
(Pub. L. 97-424, 96 Stat. 2097) except:
    (i) Sections 165 and 531 as they relate to matters within the
primary responsibility of the Federal Transit Administrator;
    (ii) Sections 105(f), 413; 414(b)(2); 421, 426, and Title III; and
    (iii) Section 414(b)(1), unless with the concurrence of the
National Highway Traffic Safety Administrator.
    (19) Sections 103(e), 105(a) through (g), 106(a), and (b), 110(b),
114(d), 117(f), 120(c) and (d), 123(g) and (i), 133(f), 134, 136, 137,
139 through 145, 146(b), 147(c), 149(a) through (f), (h), (i), (k), 151
through 157, 164, and 208 of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Pub. L. 100-17, 101 Stat. 132).
    (20) Sections 105, 107(c) through (e), 123(a) and (b), 124(c),
126(d) through (g), 138(c), 142, 144, 147 through 154, 167, and 171,
Title IV, as amended (as it relates to matters within the primary
responsibility of the Federal Highway Administrator), and sections 502-
504 of Title V of the Surface Transportation Assistance Act of 1978
(Pub. L. 95-599, 92 Stat. 2689).
    (21) Sections 201 through 205, 327 through 336, 339, 340, 349, 352,
353, and 408 of the National Highway System Designation Act of 1995
(Pub. L. 104-59, 109 Stat. 568).
    (22) Sections 1002(e), 1006(h), 1009(c), 1012(b) and (d) through
(f), 1015, 1016(g), 1017(c), 1021(c) and (d), 1022(c), 1023(f) through
(g), 1032(d), 1038 through 1041, 1044, 1046(d), 1047, 1051, 1057
through 1060, 1072, 1073, 1105, and 6016 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Pub. L. 102-240, 105 Stat.
1914).
    (23) Sections 1108(f) and (g) and 1224 of the Transportation Equity
Act for the 21st Century (Pub. L. 105-178, 112 Stat. 107).
    (24) Sections 1101(a), 1102, 1109(f), 1111(b)(4), 1112, 1115(c),
1116(a) and (b), 1117, 1119(n), 1120(c), 1201, 1301, 1302, 1303, 1304,
1305, 1306, 1308, 1310, 1404, 1408, 1409(a) and (b), 1410, 1411, 1502,
1604, 1803, 1907, 1908, 1910, 1911, 1916, 1917, 1918, 1923, 1928, 1934,
1935, 1937, 1939, 1940, 1941, 1943, 1944, 1945, 1948, 1949, 1950, 1952,
1957, 1959, 1962, 1964, 4404 (as it relates to matters within the
primary responsibility of the Federal

Highway Administrator), 5101(b), 5202(b)(3)(B), (c), and (d), 5203(e)
and (f), 5204(g) and (i), 5304, 5305, 5306, 5307, 5308, 5309, 5502,
5504, 5508, 5511, 5512, 5513(b), (f), (k), and (m) (as (m) relates to
(b), (f), and (k)), 5514, 6009(b) (as they relate to matters within the
primary responsibility of the Federal Highway Administrator), 6017,
6018, 10210, and 10212 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Pub. L. 109-59, 119
Stat. 1144).
    (25) Sections 1101(a), 1102, 1106(b), 1112(b), 1113(c), 1116, 1123,
1201(b), 1315 (as it relates to matters within the primary
responsibility of the Federal Highway Administration), 1316 (as it
relates to matters within the primary responsibility of the Federal
Highway Administration), 1317 (as it relates to matters within the
primary responsibility of the Federal Highway Administration), 1318(a)
and (b) (as it relates to matters within the primary responsibility of
the Federal Highway Administration), 1323 (a) and (b), 1401(b), (c) and
(d), 1405, 1503(c), 1512(b), 1519(a), 1520, 1522, 1523, 1524, 1525,
1526, 1527 (as it relates to matters within the primary responsibility
of the Federal Highway Administration), 1528, 1529, 1530 (as it relates
to matters within the primary responsibility of the Federal Highway
Administration), 1533, 1534, 1535, 32801, 32802, and 51001 of the
Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126
Stat. 405).
    (d) The Federal Highway Administrator is delegated authority to:
    (1) Carry out the functions vested in the Secretary of
Transportation by section 601 of the Pipeline Safety Act of 1992 (Pub.
L. 102-508, 106 Stat. 3289) relating to construction of the Page Avenue
Extension Project in Missouri.
    (2) Carry out the functions of the Secretary under the Appalachian
Regional Development Act of 1965, 40 U.S.C. Subtitle IV.
    (3) Carry out the Act of September 21, 1966, Public Law 89-599,
relating to certain approvals concerned with a compact between the
States of Missouri and Kansas.
    (4) Carry out the functions vested in the Secretary by section 5
(as it relates to bridges, other than railroad bridges, not over
navigable waters), and section 8(a) (as it relates to all bridges other
than railroad bridges) of the International Bridge Act of 1972 (Pub. L.
92-434, 86 Stat. 731) [33 U.S.C. 535c and 535e(a)].
    (5) Carry out the Highway Safety Act of 1966, as amended (Pub. L.
89-564, 80 Stat. 731) for highway safety programs, research, and
development relating to highway design, construction and maintenance,
traffic control devices, identification and surveillance of crash
locations, and highway-related aspects of pedestrian safety.
    (6) Exercise the authority vested in the Secretary by 49 U.S.C.
20134(a) with respect to the laws administered by the Federal Highway
Administrator pertaining to highway safety and highway construction
    (7) Prescribe regulations, as necessary, at part 24 of this title,
to implement the Uniform Act, 42 U.S.C. Chapter 61, and to act as the
lead agency in carrying out all other functions vested in the Secretary
by the Uniform Act, in coordination with the Under Secretary.
    (8) Exercise the authority vested in the Secretary by sections 101,
118, 120(b), 123 and 124 of the Federal-Aid Highway Amendments of 1974
(Pub. L. 93-643, January 4, 1975, 88 Stat. 2281).
    (9) Carry out the functions vested in the Secretary of
Transportation by section 114 of Part C of the Paperwork Reduction
Reauthorization Act of 1986 (contained in the Act Making Continuing
Appropriations for Fiscal Year 1987 and for Other Purposes, Public Law
99-591, 100 Stat. 3341, 2241-349), relating to construction of
Interstate Highway H-3 in Hawaii.
    (10) Carry out the functions vested in the Secretary by Public Law
98-229, 98 Stat. 55, insofar as it relates to apportioning certain
funds for construction of the Interstate Highway System in Fiscal Year
1985, apportioning certain funds for Interstate substitute highway
projects, and increasing amounts available for emergency highway
relief.
    (11) Carry out all of the functions vested in the Secretary under
section 324 of the Fiscal Year 1986 Department of Transportation
Appropriations Act (Pub. L. 99-190, 99 Stat. 1288), notwithstanding the
reservation of authority under Sec.  1.21.
    (12) Carry out the functions vested in the Secretary of
Transportation by section 505 of the Railroad Revitalization and
Regulatory Reform Act of 1976, as amended, (Pub. L. 94-210, 90 Stat.
31) relating to the Alameda Corridor Project in consultation with the
Federal Railroad Administrator.
    (13) Act as the lead DOT agency in matters relating to the National
Environmental Policy Act of 1969, Public Law 91-190, 83 Stat. 852 [42
U.S.C. 4321 et seq.] pertinent to the authority vested in the Secretary
to establish, operate, and manage the Nationwide Differential Global
Positioning System (NDGPS) by section 346 of the Department of
Transportation and Related Agencies Appropriations Act, 1998 (Pub. L.
105-66, 111 Stat. 1425).
    (14) Exercise the responsibilities of the Secretary under 49 U.S.C.
309 (high speed ground transportation).
    (15) Carry out the functions vested in the Secretary by section
201(4)(d) and (e) of the Alaska National Interest Lands Conservation
Act, as amended (Pub. L. 96-487, 94 Stat. 2377) [16 U.S.C. 410hh(4)(d)
and (e)].

Sec.  1.86  The Federal Motor Carrier Safety Administration.

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

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

    The Federal Motor Carrier Safety Administrator is delegated
authority to:
    (a) Carry out the following functions and exercise the authority
vested in the Secretary by 49 U.S.C., Subtitle IV, part B:
    (1) Chapter 131, relating to general provisions on transportation
policy;
    (2) Chapter 133, relating to administrative provisions;
    (3) Chapter 135, relating to jurisdiction;
    (4) Sections 13704 and 13707 of chapter 137, relating to rates,
routes, and services;
    (5) Chapter 139, relating to registration and financial
responsibility requirements, except section 13907(d)(2);
    (6) Chapter 141, relating to operations of motor carriers;
    (7) Sections 14501, 14502, and 14504a relating to Federal-State
relations, and

section 14506 relating to identification of vehicles.
    (8) Sections 14701 through 14705, 14707, 14708, 14710, and 14711 of
chapter 147, relating to enforcement remedies, investigations and motor
carrier liability; and
    (9) Sections 14901 through 14913, 14915, and 14916 of chapter 149
relating to civil and criminal penalties for violations of 49 U.S.C.
subtitle IV, part B.
    (b) Carry out the functions vested in the Secretary by sections 104
and 204 of the ICC Termination Act of 1995, Public Law 104-88, 109
Stat. 803, relating to self-insurance rules and a savings clause.
    (c) Carry out the functions vested in the Secretary by 42 U.S.C.
4917, relating to procedures for the inspection, surveillance and
measurement of commercial motor vehicles for compliance with interstate
motor carrier noise emission standards and related enforcement
activities including the promulgation of necessary regulations.
    (d) Carry out the following functions and exercise the authority
vested in the Secretary by chapter 51 of title 49, U.S.C.:
    (1) Except as delegated to the Under Secretary of Transportation
for Policy by Sec.  1.25, carry out the functions vested in the
Secretary by 49 U.S.C. 5121(a), (b), (c), and (d), 5122, 5123, and
5124, relating to the transportation or shipment of hazardous materials
by highway.
    (2) Carry out the functions vested in the Secretary by 49 U.S.C.
5105(e), relating to inspections of motor vehicles carrying hazardous
material; 49 U.S.C. 5109, relating to motor carrier safety permits,
except subsection (f); 49 U.S.C. 5112, relating to highway routing of
hazardous materials; 49 U.S.C. 5113, relating to unsatisfactory safety
ratings of motor carriers; 49 U.S.C. 5119, relating to uniform forms
and procedures; and 49 U.S.C. 5125(a) and (c)-(f), relating to
preemption determinations or waivers of preemption of hazardous
materials highway routing requirements.
    (e) Carry out the functions vested in the Secretary by:
    (1) Chapter 313 of 49, U.S.C., relating to commercial motor vehicle
operators; and
    (2) Section 4123(c), (d) and (e) of SAFETEA-LU relating to grants,
funding, and contract authority and availability, respectively, for
commercial driver's license information system modernization.
    (f) Carry out the functions vested in the Secretary by subchapters
I, III, and IV of chapter 311, title 49, U.S.C., and 49 U.S.C. 31111,
relating to commercial motor vehicle programs, safety regulation, and
international activities, except that the authority to promulgate
safety standards for commercial motor vehicles and equipment subsequent
to initial manufacture is limited to standards that are not based upon
and similar to a Federal Motor Vehicle Safety Standard promulgated
under chapter 301 of title 49, U.S.C.
    (g) Carry out the functions vested in the Secretary by 49 U.S.C.
5701 relating to food transportation inspections of commercial motor
vehicles.
    (h) Carry out the functions and exercise the authority delegated to
the Secretary in section 2(d)(2) of Executive Order 12777, as amended,
with respect to highway transportation, relating to the approval of
means to ensure the availability of private personnel and equipment to
remove, to the maximum extent practicable, a worst case discharge, the
review and approval of response plans, and the authorization of motor
carriers, subject to the Federal Water Pollution Control Act, Pub. L.
87-88, as amended [33 U.S.C. 1321], to operate without approved
response plans.
    (i) Carry out chapter 315 of title 49, U.S.C., relating to motor
carrier safety.
    (j) Carry out 49 U.S.C. 502, 503, 504, 506, and 523 to the extent
they relate to motor carriers, motor carriers of migrant workers, and
motor private carriers; 49 U.S.C. 507 to the extent it relates to motor
carriers, motor carries of migrant workers, motor private carriers, or
freight forwarders; and 49 U.S.C. 505, 508, 521(b), and 525.
    (k) Carry out the functions and exercise the authority vested in
the Secretary by 23 U.S.C. 502(a)(1)(A).
    (l) Carry out the functions vested in the Secretary by the
following sections of SAFETEA-LU:
    (1) Section 4105(b)(1) relating to the study concerning predatory
tow truck operations;
    (2) Section 4126, relating to the commercial vehicle information
systems and networks deployment program;
    (3) Section 4127, relating to outreach and education;
    (4) Section 4128, relating to grants under the safety data
improvement program;
    (5) Section 4130-4133, amending section 229 of the Motor Carrier
Safety Improvement Act of 1999 (49 U.S.C. 31136 note) relating to the
operators of vehicles transporting agricultural commodities and farm
supplies, and hours of service for miscellaneous vehicle operators;
    (6) Section 4134 (49 U.S.C. 31301 note), relating to the grant
program for persons to train operators of commercial motor vehicles;
    (7) [Reserved]
    (8) Section 4136 relating to interstate vans;
    (9) Section 4138 relating to high risk carrier compliance (49
U.S.C. 31144 note);
    (10) Section 4139(a)(1), relating to the training of and outreach
to State personnel; section (b)(1) relating to a review of Canadian and
Mexican compliance with Federal motor vehicles safety standards; and
the first sentence of section (b)(2) relating to the report concerning
the findings and conclusions of the review required by section (b)(1)
(see 49 U.S.C. 31100 note);
    (11) Section 4143, granting authority to stop commercial motor
vehicles, 18 U.S.C. 3064;
    (12) Section 4144, relating to a motor carrier safety advisory
committee;
    (13) [Reserved]
    (14) Section 4147, relating to emergency conditions requiring
immediate response (amending section 229 of the Motor Carrier Safety
Improvement Act of 1999 (49 U.S.C. 31136 note);
    (15) Section 4213, relating to the establishment of a working group
for the development of practices and procedures to enhance Federal-
State relations (49 U.S.C. 14710 note);
    (16) Section 4214, relating to the establishment of a system for
collecting consumer complaint information and issuing regulations
related to reporting requirements under the system (49 U.S.C. 14701
note); and
    (17) Section 4308, granting authority to adopt regulations to carry
out SAFETEA-LU, Title IV, subtitle C (49 U.S.C. 13902 note).
    (m) Carry out the functions vested in the Secretary by the
following sections of the Moving Ahead for Progress in the 21st Century
Act (Pub. L. 112-141, 126 Stat. 405):
    (1) Section 32101(b) concerning proficiency examination (49 U.S.C.
13902 note).
    (2) Section 32101(c) concerning conforming amendments to
proficiency examinations (49 U.S.C. 31144 note).
    (3) Section 32101(d) concerning agricultural and farm
transportation exemption (49 U.S.C. 31136 note).
    (4) Section 32104 concerning a study of financial responsibility
requirements (49 U.S.C. 13903 note).
    (5) Section 32206 concerning a rental truck accident study.
    (6) Section 32301(a) requiring an hours of service study.
    (7) Section 32302(c)(2) regarding the establishment of state
licensing agency oversight (49 U.S.C. 31149 note).

    (8) Section 32303(b) relating to the establishment of a driver
record notification system (49 U.S.C. 31304 note).
    (9) Section 32303(c) relating to a plan for national notification
system.
    (10) Section 32308 regarding a study, plan, report and
implementation of accelerated veteran's licensing procedures (49 U.S.C.
31301 note).
    (11) Section 32603(i) relating to the administration of grant
programs (49 U.S.C. 31100).
    (12) Section 32605 related to a report on the commercial vehicle
information system and networks.
    (12) Sections 32702, 32707(b), 32708, 32709, 32710, and 32711
related to the Motorcoach Enhanced Safety Act of 2012 (49 U.S.C. 31136
note).
    (13) Section 32918(b) relating to broker and forwarder financial
responsibility rulemaking requirement (49 U.S.C. 13906 note).
    (14) Section 32934 related to exemptions from requirements for
covered farm vehicles (49 U.S.C. 31136 note).

Sec.  1.88  The Federal Railroad Administration.

    Is responsible for:
    (a) Regulating safety functions pertaining to railroads;
    (b) Conducting research and development activity in support of
safer and more efficient rail transportation;
    (c) Investigating and issuing reports concerning collisions,
derailments, and other railroad accidents resulting in serious injury
to persons or to the property of a railroad;
    (d) Developing safety strategies to combat the causes of
collisions, derailments, and other railroad accidents, as well as to
reduce overall risk in the Nation's rail systems;
    (e) Promoting and strengthening the national rail system, including
freight rail and high speed and higher performing intercity passenger
rail.
    (f) Providing financial assistance, including grants, loans and
loan guarantees, for rail freight and intermodal development, as well
as high-speed and intercity passenger rail development;
    (g) Maximizing the positive impacts on the U.S. economy by
encouraging domestic manufacturing on rail projects through the
enforcement of Buy America provisions; and
    (h) Strengthening local communities by supporting station-area
development and strong connections among rail passenger service,
intercity bus, local transit, bicycle/pedestrian, and airport
facilities.

Sec.  1.89  Delegations to the Federal Railroad Administrator.

    The Federal Railroad Administrator is delegated authority to:
    (a) Carry out the functions and exercise the authority vested in
the Secretary by 49 U.S.C. Subtitle V, Part A (Safety, chapter 201 et
seq.), Part B (Assistance, chapter 221 et seq.), Part C (Passenger
Transportation, chapter 241 et seq.), Part D (High-speed Rail, chapter
261), and section 28101 of Part E, relating to the law enforcement
authority of railroad police officers; except 49 U.S.C. 20134 with
respect to highway, traffic, and motor vehicle safety and highway
construction.
    (b) Carry out the functions and exercise the authority vested in
the Secretary by the Rail Safety Improvement Act of 2008 (Pub. L. 110-
432, Div. A, 122 Stat. 4848).
    (c) Carry out the functions and exercise the authority vested in
the Secretary by the Passenger Rail Investment and Improvement Act of
2008 (Pub. L. 110-432, Div. B, 122 Stat. 4907), except Title VI (122
Stat. 4968) as it relates to capital and preventive maintenance
projects for the Washington Metropolitan Area Transit Authority.
    (d) Carry out the functions vested in the Secretary by section 5
(as it relates to railroad bridges not over navigable waterways) and
section 8(a) (as it relates to railroad bridges) of the International
Bridge Act of 1972 (Pub. L. 92-434, 86 Stat. 731) (33 U.S.C. 535c and
535e(a)).
    (e) Exercise the administrative powers vested in the Secretary by
49 U.S.C. Subtitle I, Chapter 5 (section 501 et seq.) pertaining to
railroad safety and 49 U.S.C. 103 (Federal Railroad Administration).
    (f) Promote and undertake research and development relating to rail
matters generally (49 U.S.C. Chapter 3 (section 301 et seq). and 49
U.S.C. 102).
    (g) Carry out the functions vested in the Secretary by 45 U.S.C.
Ch. 15 (section 601 et seq.) with respect to emergency rail services,
except the authority to make findings required by 45 U.S.C. 662(a) and
the authority to sign guarantees of certificates issued by trustees.
    (h) Carry out the functions vested in the Secretary by 45 U.S.C.
chapter 17 (section 801 et seq.) with respect to railroad
revitalization and regulatory reform and the Railroad Rehabilitation
and Improvement Financing program.
    (i) Carry out the functions vested in the Secretary by 45 U.S.C.
chapter 21 (section 1201 et seq.) related to the Alaska Railroad
transfer.
    (j) Except as delegated to the Under Secretary of Transportation
for Policy by Sec.  1.25, carry out the functions vested in the
Secretary by 49 U.S.C. 5121-5124 relating to the transportation or
shipment of hazardous materials by railroad.
    (k) Carry out the functions vested in the Secretary by section 7 of
Executive Order 12580 (delegating sections 108 and 109, respectively,
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 as amended (49 U.S.C. 9615 et seq.), insofar as
they relate to rolling stock.
    (l) Carry out the functions vested in the Secretary by 33 U.S.C.
493, relating to disputes over the terms and compensation for use of
railroad bridges built under that statute.
    (m) Carry out the functions vested in the Secretary by 49 U.S.C.
5701 with respect to transportation of food and other products by
railroad.
    (n) Carry out the functions vested in the Secretary by 23 U.S.C.
322 (Magnetic Levitation Transportation Technology Deployment Program).
    (o) Carry out the functions vested in the Secretary by sections
1307 (see note to 23 U.S.C. 322), and 1946 of SAFETEA-LU as they relate
to deployment of magnetic levitation transportation projects and a
study of rail transportation and regulation.
    (p) Carry out the function vested in the Secretary by the
Bankruptcy Code (11 U.S.C. 1163), which relates to the nomination of
trustees for rail carriers in reorganization, with the concurrence of
the Office of the General Counsel.
    (q) Carry out the functions vested in the Secretary by 23 U.S.C.
327, as it relates to railroad projects.
    (r) Carry out the functions vested in the Secretary by the sections
1318(d) and 1534 of Moving Ahead for Progress in the 21st Century Act
(Pub. L. 112-141, 126 Stat. 405), as they relate to railroads.
    (s) Carry out the functions vested in the Secretary by section
2(d)(2) of Executive Order 12777, with respect to rail transportation,
relating to the approval of means to ensure the availability of private
personnel and equipment to remove, to the maximum extent practicable, a
worst case discharge, the review and approval of response plans, and
the authorization of railroads to operate without approved response
plans.

Sec.  1.90  The Federal Transit Administration.

    Is responsible for:
    (a) Providing grants that support the development of safe,
comprehensive and coordinated public transportation systems;

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

Sec.  1.91  Delegations to the Federal Transit Administrator.

    The Federal Transit Administrator is delegated authority to carry
out the following:
    (a) Chapter 53 of title 49, United States Code, and notes thereto.
    (b) Sections 3 and 9 through 15 of the National Capital
Transportation Act of 1969 (Pub. L. 91-143, 83 Stat. 320), as amended
(DC Code, section 9-1101.01 et seq.).
    (c) Sections of title 23, United States Code, and notes thereto
that involve public transportation projects, including those provisions
that pertain to planning, environmental reviews and use of historic
resources for public transportation projects.
    (d) Section 303 of title 49, United States Code, as it involves
public transportation projects.
    (e) The following sections of Moving Ahead for Progress in the 21st
Century Act (Pub. L. 112-141, 126 Stat. 405):
    (1) Sections 1315 [23 U.S.C. 109 note], 1316 [23 U.S.C. 109 note],
1317 [23 U.S.C. 109 note], 1318 [23 U.S.C. 109 note], and 1321, as they
relate to public transit projects; and
    (2) Sections 20005(b) [49 U.S.C. 5303 note], 20008(b) [49 U.S.C.
5309 note], 20013(b) [49 U.S.C. 5315 note], 20017(b) [49 U.S.C. 5324
note], 20021(b), and 20025(b) [49 U.S.C. 5335 note].
    (f) Section 601 of the Passenger Rail Investment and Improvement
Act of 2008 (Pub. L. 110-432, Div. B).

Sec.  1.92  The Maritime Administration.

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

Sec.  1.93  Delegations to the Maritime Administrator.

    The Maritime Administrator is delegated authority to:
    (a) Carry out the functions and exercise the authorities vested in
the Secretary under Subtitle V of title 46, U.S.C., except for 46
U.S.C. 51303 and 55601(c) and (d);
    (b) Carry out the functions and exercise the authorities vested in
the Secretary under Subtitle III of title 46, U.S.C.;
    (c) Carry out the functions and exercise the authorities vested in
the Secretary under the Merchant Ship Sales Act of 1946, as amended (50
U.S.C. App. 1735 et seq.);
    (d) Carry out the functions and exercise the authorities vested in
the Secretary under 50 U.S.C. App 1744 with respect to the National
Shipping Authority;
    (e) Exercise the authority vested in the Administrator of General
Services by the Act of June 1, 1948, Public Law 80-566, 62 Stat. 281,
40 U.S.C. 318-318c and the Federal Property and Administrative Services
Act of 1949, as amended, Public Law 81-152, 63 Stat. 377, and delegated
to the Secretary of Transportation by the Administrator of General
Services on March 23, 2000, relating to the enforcement of laws for the
protection of property and persons at the United States Merchant Marine
Academy, located in Kings Point, New York. This may be accomplished
through appointment of uniformed personnel as special police,
establishment of rules and regulations governing conduct on the
affected property, and execution of agreements with other Federal,
State, or local authorities.
    (f) Carry out the functions and exercise the authorities vested in
the Secretary by section 3(d) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1902(d)) as it relates to ships owned or operated by
the Maritime Administration when engaged in noncommercial service;
    (g) Carry out the functions vested in the Secretary by 40 U.S.C.
554 relating to authority to convey surplus real property to public
entities for use in the development or operation of port facilities;
    (h) Carry out the following powers and duties and exercise the
authorities vested in the Secretary by the Deepwater Port Act of 1974,
Public Law 93-627, as amended (33 U.S.C. 1501 et seq.):
    (1) Section 4: The authority to issue, transfer, amend, or
reinstate a license for the construction and operation of a deepwater
port (33 U.S.C. 1503(b));
    (2) Section 4: The authority to process applications for the
issuance, transfer, amendment, or reinstatement of a license for the
construction and operation of a deepwater port (33 U.S.C. 1503(b)), in
coordination with the Commandant of the Coast Guard;
    (3) Section 5(h)(2): Approval of fees charged by adjacent coastal
States for use of a deepwater port and directly related land-based
facilities (33 U.S.C. 1504(h)(2));
    (4) Section 4: Make Adjacent Coastal State designations pursuant to
33 U.S.C. 1508(a)(2);
    (5) Section 11: In collaboration with the Assistant Secretary for
Aviation and International Affairs and the Assistant Secretary for
Transportation Policy, consultation with the Secretary of State
relating to international actions and cooperation in the economic,
trade and general transportation policy aspects of the ownership and
operation of deepwater ports (33 U.S.C. 1510);
    (6) Section 16(b): Submission of notice of the commencement of a
civil suit (33 U.S.C. 1515(b));
    (7) Section 16(c): Intervention in any civil action to which the
Secretary is not a party (33 U.S.C. 1515(c));
    (8) Sections 8(b), 12: Authority to request the Attorney General to
seek the

suspension or termination of a deepwater port license and to initiate a
proceeding before the Surface Transportation Board (33 U.S.C. 1507,
1511);
    (i) Carry out the functions and exercise the authority vested in
the Secretary by section 109 of the Maritime Transportation Security
Act of 2002, Public Law 107-295, 116 Stat. 2064, 46 U.S.C. 70101 note,
to provide training for maritime security professionals;
    (j) Exercise all the powers of the Secretary under 49 U.S.C. 336
with respect to civil penalties;
    (k) Carry out all of the duties, authorities and powers of the
Secretary under the Reefs for Marine Life Conservation law, 16 U.S.C.
1220 et seq.;
    (l) In consultation and coordination with the Office of
Intelligence, Security and Emergency Response, carry out the functions
under the Defense Production Act of 1950, Public Law 81-774, 64 Stat.
798, as amended (50 U.S.C. app. 2061 et seq.), that were vested in the
Secretary by Executive Order 13603 (``National Defense Resources
Preparedness'') as such authorities relate to the use of sealift
support and port facilities, and other maritime industry related
facilities and services, and maritime-related voluntary agreements
pursuant to Section 708 of the Act;
    (m) Carry out the functions related to the National Defense Reserve
Fleet vested in the Secretary pursuant to 50 U.S.C. App. 1744;
    (n) Carry out all of the duties, authorities and powers of the
Secretary under the following statutes:
    (1) 10 U.S.C. 2218, the National Defense Sealift Fund;
    (2) 40 U.S.C. 3134, Bond waiver authority for certain contracts;
    (3) 46 U.S.C. 501(b), Waiver of navigation and vessel-inspection
laws and determination of non-availability of qualified U.S. flag
vessels;
    (4) 46 U.S.C. 3316, granting authority to appoint a representative
to Executive Board of the American Bureau of Shipping (ABS);
    (5) 46 U.S.C. 12119(a)(5), authority to waive or reduce the
qualified proprietary cargo requirements and determine citizenship;
    (6) 50 U.S.C. 196, Emergency foreign vessel acquisition; purchase
and requisition of vessels lying idle in United States waters;
    (7) 50 U.S.C. 197, Voluntary purchase or charter agreement;
    (8) 50 U.S.C. 198, granting authority over requisitioned vessels;
    (o) Carry out all of the duties, authorities and powers of the
Secretary with respect to 16 U.S.C. 1220 et seq. (use of obsolete ships
as reefs for marine life conservation);
    (p) Carry out all of the duties, powers and authorities delegated
to the Secretary of Transportation by the Administrator of General
Services with respect to the leasing and management of property under
41 CFR 102-72.30, Delegations of Authority;
    (q) Carry out all of the duties, authorities and powers vested in
the Secretary by 46 U.S.C. 70101 note, to provide training for maritime
security professionals;
    (r) Carry out the duties, authorities and powers of the Secretary
under the following statutes:
    (1) Title XV, Subtitle B of the Food, Agriculture, Conservation,
and Trade Act of 1990, Public Law 101-624 (104 Stat. 3359, 3665), 7
U.S.C. 1421 and Chapter 553 of Title 46, U.S.C., authorizing the
Secretary to designate ``American Great Lakes'' vessels that are exempt
from the restrictions relating to the carriage of preference cargoes;
    (2) 46 U.S.C. 2302(e) (determination of substandard vessels);
    (3) Section 304(a) of Coast Guard and Maritime Transportation Act
of 2006, 33 U.S.C. 1503(i), a program to promote liquefied natural gas
tanker transportation;
    (4) Section 306 of Public Law 111-281, concerning the phaseout of
vessels supporting oil and gas development;
    (s) Carry out the functions and exercise the authorities vested in
the President by Section 1019 of John Warner National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) and delegated
to the Secretary by the President;
    (t) Lead efforts pertaining to civil emergency planning for sealift
support for North Atlantic Treaty Organization (NATO) operations,
including coordinating DOT representation on sealift-related
committees, in coordination with the Office of Intelligence, Security
and Emergency Response;
    (u) Carry out the duties, functions, authorities, and powers of the
Secretary under 49 U.S.C. 109(e), (f), (h), (j)(3);
    (v) Carry out all of the duties, authorities, and powers of the
Secretary of Transportation, with respect to matters involving the
Clarification Act, Public Law 78-17, 57 Stat. 45, as amended (50 U.S.C.
App. 1291);
    (w) Carry out all of the duties, authorities, and powers of the
Secretary under 46 U.S.C. 12102(d).

Sec.  1.94  The National Highway Traffic Safety Administration.

    Is responsible for:
    (a) In highway safety, setting uniform guidelines for a coordinated
national highway safety formula grant program carried out by the States
and local communities; conducting research and development activities,
including demonstration projects and the collection and analysis of
highway and motor vehicle safety data and related information;
administering highway safety grant programs to encourage State efforts
in such areas as occupant protection, impaired and distracted driving,
traffic safety data information system improvements, motorcyclist
safety, child safety restraints, and graduated driver's licensing;
determining State compliance with highway traffic safety law
requirements; administering a nationwide high visibility enforcement
program; administering the National Driver Register; and leading and
coordinating efforts to establish, expand, and improve State, local,
tribal, and regional emergency medical services and 9-1-1 systems.
    (b) In motor vehicle safety, establishing and enforcing safety
standards and regulations for the manufacture and importation of motor
vehicles and motor vehicle equipment; conducting research, development,
and testing concerning motor vehicle safety, including vehicle-to-
vehicle and vehicle-to-infrastructure technologies and other new or
advanced vehicle technologies; and investigating safety-related defects
and non-compliance in motor vehicles and motor vehicle equipment and
administering related recalls.
    (c) In automobile fuel economy, establishing automobile fuel
economy standards for passenger and non-passenger automobiles and fuel
efficiency standards for medium and heavy vehicles.
    (d) In consumer protection and information, establishing
requirements and carrying out programs for passenger motor vehicle
information, such as the New Car Assessment Program; bumper standards
for passenger motor vehicles; odometer requirements; and passenger
motor vehicle theft prevention standards.

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

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

Administration pertaining to highway, traffic and motor vehicle safety.
    (c) Carry out, in coordination with the Federal Motor Carrier
Safety Administrator, the authority vested in the Secretary by
subchapter III of chapter 311 of title 49, U.S.C., to promulgate safety
standards for commercial motor vehicles and equipment subsequent to
initial manufacture when the standards are based upon and similar to a
Federal Motor Vehicle Safety Standard promulgated, either
simultaneously or previously, under chapter 301 of title 49, U.S.C.
    (d) Carry out the Highway Safety Act of 1966, as amended (Pub. L.
89-564, 80 Stat. 731), for highway safety programs, research, and
development except those relating to highway design, construction and
maintenance, traffic control devices, identification and surveillance
of crash locations, and highway-related aspects of pedestrian safety.
    (e) Exercise the authority vested in the Secretary under chapter 4
of title 23, U.S.C., except for 23 U.S.C. 409.
    (f) Carry out the functions and exercise the authority vested in
the Secretary for the following provisions of title 23, U.S.C. (with
respect to matters within the primary responsibility of the National
Highway Traffic Safety Administration): 153, 154, 158, 161, 163, 164,
and 313 (Buy America).
    (g) Carry out the consultation functions vested in the Secretary by
Executive Order 11912, as amended (``Delegation of Authorities Relating
to Energy Policy and Conservation'') relating to automobiles.
    (h) Exercise the authority vested in the Secretary by section
210(2) of the Clean Air Act, Public Law 90-148, as amended [42 U.S.C.
7544(2)].
    (i) Carry out the functions and exercise the authority vested in
the Secretary by the following sections of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users,
Public Law 109-59:
    (1) Section 1906 [23 U.S.C. 402 note], relating to the grant
program to prohibit racial profiling;
    (2) Section 2010 [23 U.S.C. 402 note], relating to motorcyclist
safety;
    (3) Section 2011 [23 U.S.C. 405 note], relating to child safety and
child booster seat incentive grants;
    (4) Section 10202 [42 U.S.C. 300d-4], relating to emergency medical
services, as amended by section 31108 of the Moving Ahead for Progress
in the 21st Century Act, Public Law 112-141;
    (5) Section 10305(b) [49 U.S.C. 30101 note], relating to the
publication of non-traffic incident data collection; and
    (6) Section 10309(a), relating to the testing of 15-passenger van
safety.
    (j) Carry out the following functions and exercise the authority
vested in the Secretary under the Energy Independence and Security Act
of 2007 (Pub. L. 110-140):
    (1) Section 106 [49 U.S.C. 32902 note], relating to the continued
applicability of existing standards;
    (2) Section 107 [49 U.S.C. 32902 note], relating to the National
Academy of Sciences studies;
    (3) Section 108, relating to the National Academy of Sciences study
of medium-duty and heavy-duty truck fuel economy;
    (4) Section 110 [49 U.S.C. 32908 note], relating to the periodic
review of accuracy of fuel economy labeling;
    (5) Section 113 [49 U.S.C. 32904 note], relating to the exemption
from separate calculation requirement;
    (6) Section 131(b)(2) and (c)(1) [42 U.S.C. 17011(b)(2), (c)(1)],
relating to the Plug-in Electric Drive Vehicle Program;
    (7) Section 225(a), relating to the study of optimization of
flexible fueled vehicles to use E-85 fuel;
    (8) Section 227(a), relating to the study of optimization of biogas
used in natural gas vehicles;
    (9) Section 242 [42 U.S.C. 17051], relating to renewable fuel
dispenser requirements; and
    (10) Section 248(a) [42 U.S.C. 17054(a)], relating to biofuels
distribution and advanced biofuels infrastructure.
    (k) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under section 7103 of the
Transportation Equity Act for the 21st Century, Public Law 105-178.
    (l) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under sections 3(d), 10, 11 and 13
through 17 [uncodified provisions] of the Transportation Recall
Enhancement, Accountability, and Documentation (TREAD) Act, Public Law
106-414.
    (m) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under Anton's Law, Public Law 107-
318.
    (n) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under the Cameron Gulbransen Kids
Transportation Safety Act of 2007 or the K.T. Safety Act of 2007,
Public Law 110-189.
    (o) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under the Pedestrian Safety
Enhancement Act of 2010, Public Law 111-373.
    (p) Carry out the functions and exercise the authority vested in
the Secretary by the following sections of the Moving Ahead for
Progress in the 21st Century Act, Public Law 112-141:
    (1) Sections 31101(d) and (f) (23 U.S.C. 402 note), Authorization
of Appropriations;
    (2) Sections 31203(b), Civil Penalty Criteria Rule, 31301, Public
Availability of Recall Information, 31302, NHTSA Outreach to
Manufacturer, Dealer, and Mechanic Personnel, 31309(a), Study of Crash
Data Collection, 31401, NHTSA Electronics, Software, and Engineering
Expertise, 31402, Electronics Systems Performance, 31501, Child Safety
Seats, 31502, Child Restraint Anchorage Systems, 31503, Rear Seat Belt
Reminders, 31504, Unattended Passenger Reminders, 31505, New Deadline,
and 31601, Rulemaking on Visibility of Agricultural Equipment;
    (3) Section 32201, Crashworthiness Standards; and
    (4) Sections 32703, Regulations for Improved Occupant Protection,
Passenger Evacuation, and Crash Avoidance, 32704, Fire Prevention and
Mitigation, 32705, Occupant Protection, Collision Avoidance, Fire
Causation, and Fire Extinguisher Research and Testing, and 32706,
Concurrence of Research and Rulemaking.
    (q) Carry out the functions and exercise the authority vested in
the Secretary to implement section 3(g)-(h) of the Automobile
Information Disclosure Act (Pub. L. 85-506, 72 Stat. 325), as amended
(15 U.S.C. 1232(g)-(h)).

Sec.  1.96  The Pipeline and Hazardous Materials Safety Administration.

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

negative consequences to public safety and the environment.
    (b) Hazardous materials. (1) Administering a national program of
safety, including security, in multi-modal hazardous materials
transportation including identifying hazardous materials safety
concerns, developing uniform safety standards, and promulgating and
enforcing safety and security regulations; and
    (2) Conducting outreach and provide available grants assistance to
increase awareness and emergency preparedness.

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

    The Pipeline and Hazardous Materials Safety Administrator is
delegated responsibility to:
    (a) Pipelines. (1) Exercise the authority vested in the Secretary
under chapter 601 of title 49, U.S.C.
    (2) Exercise the authority vested in the Secretary under section 28
of the Mineral Leasing Act, as amended (30 U.S.C. 185(a) and 30 U.S.C.
185(w)(3)).
    (3) Exercise the authority vested in the Secretary under section 21
of the Deepwater Port Act of 1974, as amended (33 U.S.C. 1520) relating
to the establishment, enforcement and review of regulations concerning
the safe construction, operation or maintenance of oil or natural gas
pipelines on Federal lands and the Outer Continental Shelf.
    (4) Carry out the functions vested in the Secretary by section 5
(as it relates to pipelines not over navigable waterways) and section
8(a) (as it relates to pipelines) of the International Bridge Act of
1972 (Pub. L. 92-434, 86 Stat. 731) (33 U.S.C. 535c and 535e(a)).
    (5) Exercise the authority vested in the Secretary under the Outer
Continental Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.) with
respect to the establishment, enforcement and review of regulations
concerning pipeline safety.
    (6) Carry out the functions vested in the Secretary by section 7 of
Executive Order 12580 (delegating sections 108 and 109, respectively,
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 as amended (49 U.S.C. 9615 et seq.), insofar as
they relate to pipelines.
    (7) Exercise the authority vested in the Secretary by 49 U.S.C.
60301 as it relates to pipeline safety user fees.
    (8) Exercise the authority vested in the Secretary by 49 U.S.C.
6101 et seq. as it relates to pipeline damage prevention One Call
programs.
    (9) Exercise the authority vested in the Secretary by the Pipeline
Safety Improvement Act of 2002 (Pub. L. 107-355, 116 Stat. 2985).
    (10) Exercise the authority vested in the Secretary by the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011 (Pub. L.
112-90).
    (b) Hazardous materials. Except as delegated to the Under Secretary
of Transportation for Policy by Sec.  1.25:
    (1) Carry out the functions vested in the Secretary by 49 U.S.C.
5121(a), (b), (c), (d) and (e), 5122, 5123, and 5124, with particular
emphasis on the shipment of hazardous materials and the manufacture,
fabrication, marking, maintenance, reconditioning, repair or test of
multi-modal containers that are represented, marked, certified, or sold
for use in the transportation of hazardous materials; and
    (2) Participate, with the Administrator of the Federal Aviation
Administration, in the Dangerous Goods Panel at the International Civil
Aviation Organization, under the authority vested in the Secretary by
49 U.S.C. 5120; and
    (3) Carry out, in coordination with the Administrators of the
Federal Aviation Administration (for matters relating to the transport
of hazardous materials by aircraft), the Federal Motor Carrier Safety
Administration (for matters relating to the transport of hazardous
materials by public highway), and the Federal Railroad Administration
(for matters relating to the transport of hazardous materials by rail),
the functions vested in the Secretary by all other provisions of the
Federal hazardous material transportation law (49 U.S.C. 5101 et seq.)
except as delegated by Sec. Sec.  1.83(d)(2) and (3) (FAA) and
1.87(d)(2) (FMCSA) and by paragraph 2(99) of Department of Homeland
Security Delegation No. 0170.
    (4) Exercise the authority vested in the Secretary by sections
33005 (49 U.S.C. 5121 note), 33006, 33008 (49 U.S.C. 5121 note),
33009(b)(2) (49 U.S.C. 5121 note), and 33012 (49 U.S.C. 5117 note) of
the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112-141,
126 Stat. 405).
    (c) Exercise the authority delegated to the Secretary in the
following sections of Executive Order 12777:
    (1) Section 2(b)(2) relating to the establishment of procedures,
methods, equipment and other requirements to prevent discharges from,
and to contain oil and hazardous substances in, pipelines, motor
carriers, and railroads; and
    (2) Section 2(d)(2) relating to the issuance of regulations
requiring the owners or operators of pipelines, motor carriers, and
railroads, subject to the Federal Water Pollution Control Act (33
U.S.C. 1321 et seq.), to prepare and submit response plans. For
pipelines subject to the Federal Water Pollution Control Act, this
authority includes the approval of means to ensure the availability of
private personnel and equipment to remove, to the maximum extent
practicable, a worst case discharge, the review and approval of
response plans, and the authorization of pipelines to operate without
approved response plans.

Sec.  1.98  The Research and Innovative Technology Administration.

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

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

    The Research and Innovative Technology Administrator is delegated
authority for the following:
    (a) Coordination of departmental research and development programs
and activities. (1) Coordinate, facilitate, and review all departmental
research and development programs and activities, except those carried
out by the National Highway Traffic Safety Administration, as described
in section 4(b) of the Norman Y. Mineta Research and Special Programs
Improvement Act (Pub. L. 108-426, 118 Stat. 2423).
    (2) After consultation with Operating Administration and OST
offices, RITA shall make recommendations to the

Secretary on all Operating Administration and OST research budgets.
    (b) Science and technology. (1) With respect to scientific and
technological matters, serve as principal advisor to the Secretary and
representative of the Department to the academic community, the private
sector, professional organizations, and other federal, state and local
government agencies.
    (2) Serve as principal liaison official for the Department of
Transportation with the Office of Science and Technology Policy in the
Executive Office of the President, the National Science and Technology
Council, and the President's Committee of Advisors on Science and
Technology.
    (3) Serve as primary official responsible for coordination and
oversight of the Department's implementation of section 2 of the
Federal Technology Transfer Act of 1986 (15 U.S.C. 3710a), relating to
the transfer of Federal technology to the marketplace; and section
12(d) of the National Technology Transfer and Advancement Act of 1996
(Pub. L. 104-113), as implemented by OMB Circular A-119: Federal
Participation in the Development and Use of Voluntary Consensus
Standards and in Conformity Assessment Activities.
    (4) Serve as Chair and Executive Secretary of the Department of
Transportation's Research, Development and Technology Planning Council
and Planning Team.
    (5) Advocate Department of Transportation policy and program
coordination efforts associated with transportation research.
    (6) Represent the Department of Transportation on departmental,
national and international committees and meetings dealing with
transportation research and development (R & D).
    (7) Manage the strategic planning process for transportation R & D
across the Department of Transportation and, through the National
Science and Technology Council, across the Federal Government.
    (8) Carry out the transportation research and development strategic
planning function vested in the Secretary by 23 U.S.C. 508.
    (9) Conduct transportation system-level assessments and policy
research.
    (10) Facilitate the creation of transportation public/private
partnerships.
    (11) Foster innovation in the transportation sector.
    (12) Disseminate information on departmental, national, and
international transportation R & D activities.
    (13) Provide legal support for Departmental intellectual property
and patent issues.
    (14) Manage department- and government-wide (inter/multimodal)
transportation R & D programs.
    (15) Oversee such advisory boards that deal with transportation
system-level R & D assessments and issues, such as the Transportation
Research Board Committee on the Federal Transportation R & D Strategic
Planning Process.
    (c) Advanced vehicle technology. Carry out the functions vested in
the Secretary by section 5111 of the Transportation Equity Act for the
21st Century (49 U.S.C. 5506), as extended by the Surface
Transportation Extension Act of 2004, Part V, Public Law 108-310,
September 30, 2004, 118 Stat. 1144, and section 5513(j) of SAFETEA-LU.
    (d) Remote sensing technology. Carry out the functions vested in
the Secretary by section 5113 of the Transportation Equity Act for the
21st Century (23 U.S.C. 502 Note), as extended by the Surface
Transportation Extension Act of 2004, Part V, Public Law 108-310,
September 30, 2004, 118 Stat. 1144, and section 5506 of SAFETEA-LU.
    (e) University transportation research. Carry out the functions
vested in the Secretary by section 5110 of the Transportation Equity
Act for the 21st Century (49 U.S.C. 5505), as extended by the Surface
Transportation Extension Act of 2004, Part V, Public Law 108-310,
September 30, 2004, 118 Stat. 1144, and sections 5401 and 5402 of
SAFETEA-LU.
    (f) Volpe National Transportation Systems Center. Exercise the
authority vested in the Secretary with respect to the activities of the
Volpe National Transportation Systems Center as described in 49 U.S.C.
112(d)(1)(E) and carry out the functions vested in the Secretary by 49
U.S.C. 328 with respect to the working capital fund for financing the
activities of the Volpe National Transportation Systems Center.
    (g) Exercise authority over the Transportation Safety Institute.
    (h) Carry out the functions vested in the Secretary by 49 U.S.C.
111 relating to transportation statistics, analysis, and reporting.
    (i) Carry out the functions vested in the Secretary by 49 U.S.C.
5503(d) (Office of Intermodalism).
    (j) Aviation information. (1) Carry out the functions vested in the
Secretary by 49 U.S.C. 329(b)(1) relating to the collection and
dissemination of information on civil aeronautics.
    (2) Carry out the functions vested in the Secretary by section
4(a)(7) of the Civil Aeronautics Board Sunset Act of 1984 (Pub. L. 98-
443) relating to the reporting of the extension of unsecured credit to
political candidates (section 401, Federal Election Campaign Act of
1971; 2 U.S.C. 451), in conjunction with the General Counsel and the
Assistant Secretary for Aviation and International Affairs.
    (3) Carry out the functions vested in the Secretary by: 49 U.S.C.
40113 (relating to taking such actions and issuing such regulations as
may be necessary to carry out its air commerce and safety
responsibilities), 49 U.S.C. 41702 (relating to the duty of carriers to
provide safe and adequate service), 49 U.S.C. 41708 and 41709 (relating
to the requirement to keep information and the forms in which it is to
be kept), and 49 U.S.C. 41701 (relating to establishing just and
reasonable classifications of carriers and rules to be followed by
each) as appropriate to carry out the responsibilities under this
paragraph in conjunction with the General Counsel and the Assistant
Secretary for Aviation and International Affairs.
    (k) Hazardous materials information. In coordination with the Under
Secretary, work with the Operating Administrations to determine data
needs, collection strategies, and analytical techniques appropriate for
implementing 49 U.S.C. 5101 et seq.
    (l) Carry out the functions vested in the Secretary by section
1801(e) of SAFETEA-LU (establishing and maintaining a national ferry
database).
    (m) Carry out the functions vested in the Secretary by section
5513(c), (d), (g), (h), (i), (l), and (m) of SAFETEA-LU (establishing
various research grants).
    (n) Carry out the functions vested in the Secretary by section
5201(m) of SAFETEA-LU (biobased transportation research program).
    (o) Carry out the functions vested in the Secretary by 23 U.S.C.
509 (establishing and supporting a national cooperative freight
transportation research program).
    (p) Positioning, navigation and timing (PNT) and spectrum
management. Carry out the functions described in the Secretarial memo
of August 1, 2007, ``Positioning, Navigation and Timing (PNT) and
Spectrum Management Realignment under the Research and Innovative
Technology Administration (RITA).''
    (q) Carry out the Secretary's authority to establish, operate and
manage the Nationwide Differential Global Positioning System (NDGPS) as
described in Section 346 of Public Law 105-66 (Department of
Transportation

and Related Agencies Appropriations Act of 1998).

Sec.  1.100  The Saint Lawrence Seaway Development Corporation.

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

Sec.  1.101  Delegations to the Saint Lawrence Seaway Development
Corporation Administrator.

    The Administrator of the Saint Lawrence Seaway Development
Corporation is delegated authority to:
    (a) Carry out the functions vested in the Secretary by sections 4,
5, 6, 7, 8, 12 and 13 of section 2 of the Port and Tanker Safety Act of
1978 (Pub. L. 95-474, 92 Stat. 1471) [33 U.S.C. 1223-1225, 1227, and
1231-1232] as they relate to the operation of the Saint Lawrence
Seaway.
    (b) Carry out the functions vested in the Secretary by section 5
and section 8(a) of the International Bridge Act of 1972 (Pub. L. 92-
434, 86 Stat. 731) [33 U.S.C. 535c and 535e(a)] as it relates to the
Saint Lawrence River.
    (c) Carry out the functions vested in the Secretary by section 3(d)
of the Act to Prevent Pollution from Ships [33 U.S.C. 1902e] as it
relates to ships owned or operated by the Corporation when engaged in
noncommercial service.

Appendix A to Part 1--Delegations and Redelegations by Secretarial
Officers

    1. Director of Budget. The Assistant Secretary for Budget and
Programs and CFO has redelegated to the Director of Budget authority
to--
    (a) Request apportionment and reapportionment of funds by the
Office of Management and Budget, provided that no request for
apportionment or reapportionment which anticipates the need for a
supplemental appropriation shall be submitted to the Office of
Management and Budget without appropriate certification by the
Secretary.
    (b) Issue allotments or allocations of funds to components of
the Department.
    2. Chief Counsels. The General Counsel has delegated to the
Chief Counsels the authority delegated to the General Counsel by
Amendment 1-41 to part 1 of title 49, Code of Federal Regulations,
35 FR 17658, November 17, 1970, as follows:
    Section 855 of the Revised Statutes, as amended by Public Law
91-393, 84 Stat. 835 (40 U.S.C. 255) authorizes the Attorney General
to delegate to other departments and agencies his authority to give
written approval of the sufficiency to the title to land being
acquired by the United States. The Attorney General has delegated to
the Assistant Attorney General in charge of the Land and Natural
Resources Division the authority to make delegations under that law
to other Federal departments and agencies (28 CFR 0.66). The
Assistant Attorney General, Land and Natural Resources Division, has
further delegated certain responsibilities in connection with the
approval of the sufficiency of the title to land to the Department
of Transportation as follows:

Delegation to the Department of Transportation for the Approval of
the Title to Lands Being Acquired for Federal Public Purposes

    Pursuant to the provision of Public Law 91-393, approved
September 1, 1970, 84 Stat. 835, amending R.S. 355 (40 U.S.C. 255),
and acting under the provisions of Order No. 440-70 of the Attorney
General, dated October 2, 1970, the responsibility for the approval
of the sufficiency of the title to land for the purpose for which
the property is being acquired by purchase or condemnation by the
United States for the use of your Department is, subject to the
general supervision of the Attorney General and to the following
conditions, hereby delegated to your Department.
    This delegation of authority is further subject to:
    1. Compliance with the regulations issued by the Assistant
Attorney General on October 2, 1970, a copy of which is enclosed.
    2. This delegation is limited to:
    (a) The acquisition of land for which the title evidence,
prepared in compliance with these regulations, consists of a
certificate of title, title insurance policy, or an owner's
duplicate Torrens certificate of title.
    (b) The acquisition of lands valued at $100,000 or less, for
which the title evidence consists of abstracts of title or other
types of title evidence prepared in compliance with said
regulations.
    As stated in the above-mentioned Act, any Federal department or
agency which has been delegated the responsibility to approve land
titles under the Act may request the Attorney General to render his
opinion as to the validity of the title to any real property or
interest therein, or may request the advice or assistance of the
Attorney General in connection with determinations as to the
sufficiency of titles.
    The Chief Counsels of the Federal Aviation Administration,
Federal Highway Administration, Federal Railroad Administration,
National Highway Traffic Safety Administration, Federal Transit
Administration, the Saint Lawrence Seaway Development Corporation,
Maritime Administration, and Research and Innovative Technology
Administration are hereby authorized to approve the sufficiency of
the title to land being acquired by purchase or condemnation by the
United States for the use of their respective organizations. This
delegation is subject to the limitations imposed by the Assistant
Attorney General, Land and Natural Resources Division, in his
delegation to the Department of Transportation. Redelegation of this
authority may only be made by the Chief Counsels to attorneys within
their respective organizations.
    If the organization does not have an attorney experienced and
capable in the examination of title evidence, a Chief Counsel may,
with the concurrence of the General Counsel, request the Attorney
General to (1) furnish an opinion as to the validity of a title to
real property or interest therein, or (2) provide advice or
assistance in connection with determining the sufficiency of the
title.

    Issued in Washington, DC, on February 10, 2016.
Anthony R. Foxx,
Secretary of Transportation.
[FR Doc. 2016-04230 Filed 4-4-16; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 77, Number 173 (Thursday, September 6, 2012)]
[Proposed Rules]
[Pages 54850-54854]
[FR Doc No: 2012-21931]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0864; Directorate Identifier 2011-NM-023-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain The Boeing Company Model 767 airplanes.
The existing AD currently requires sealing certain fasteners and
stiffeners in the fuel tank, changing certain wire bundle clamp
configurations on the fuel tank walls, inspecting certain fasteners in
the fuel tanks and determining the method of attachment of the vortex
generators, and performing corrective action if necessary. We issued
that AD to prevent possible ignition sources in the auxiliary (center)
fuel tank, main fuel tanks, and surge tanks caused by a wiring short or
lightning strike, which could result in fuel tank explosions and
consequent loss of the airplane. Since we issued that AD, another
possible ignition source location was identified. This proposed AD
would add a general visual inspection for the presence of a
polytetrafluoroethylene (TFE) sleeve at the clamp location on the rear
spar, and installation of a TFE sleeve if necessary. This proposed AD
would also add airplanes to the applicability. We are proposing this AD
to correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by October 22,
2012.

ADDRESSES: You may send comments by any of the following methods:

     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6509; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0864;
Directorate Identifier 2011-NM-023-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On August 7, 2009, we issued AD 2009-18-02, Amendment 39-15998 (74
FR 43621, August 27, 2009), for certain Model 767-200, -300, -300F, and
-400ER series airplanes. That AD requires sealing certain fasteners and
stiffeners in the fuel tank, changing certain wire bundle clamp
configurations on the fuel tank walls, inspecting certain fasteners in
the fuel tanks and determining the method of attachment of the vortex
generators, and corrective action if necessary. That AD resulted from
fuel system reviews conducted by the manufacturer. We issued that AD to
prevent possible ignition sources in the auxiliary (center) fuel tank,
main fuel tanks, and surge tanks caused by a wiring short or lightning
strike, which could result in fuel tank explosions and consequent loss
of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2009-18-02, Amendment 39-15998 (74 FR 43621,
August 27, 2009), another possible ignition source location was
identified that could also result in fuel tank explosions and
consequent loss of the airplane.

Relevant Service Information

    AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009),
refers to Boeing Service Bulletin 767-57A0102, Revision 01, dated
November 27, 2007, as the appropriate source of service information for
installing the wire bundle sleeve and clamp and applying fastener
sealant. Boeing has since revised this service bulletin. We have
reviewed Boeing Service Bulletin 767-57A0102, Revision 4, dated
September 20, 2011, which includes the following changes (introduced in
Boeing Service Bulletin 767-57A0102, Revision 3, dated December 2,
2010): the addition of work package 13, which includes a general visual
inspection of the clamp location on the rear spar to determine whether
a polytetrafluoroethylene (TFE) sleeve is installed between the clamp
and the plastic convoluted tubing, and the installation of a TFE sleeve
between the clamp and the plastic convoluted tubing, if necessary.
Boeing Service Bulletin 767-57A0102, Revision 4, dated September 20,
2011, also adds airplanes to the effectivity.
    AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009),
refers to Boeing Service Bulletin 767-57A0100, Revision 01, dated June
19, 2008, as the appropriate source of service information for sealing
certain bracket fasteners and rear spar stiffeners, and inspecting the
vortex generator attachment. Boeing has since revised this service
bulletin. We have reviewed Boeing Service Bulletin 767-57A0100,
Revision 3, dated July 28, 2011, which adds clarifications, but no new
actions.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2009-18-02,
Amendment 39-15998 (74 FR 43621, August 27, 2009). This proposed AD
would revise the applicability to include additional airplanes. This
proposed AD would also add a general visual inspection for the presence
of a TFE sleeve at the clamp location on the rear spar, and
installation of a TFE sleeve if necessary.

Change to Existing AD

    This proposed AD would retain all requirements of AD 2009-18-02,
Amendment 39-15998 (74 FR 43621, August 27, 2009). Since AD 2009-18-02
was issued, the AD format has been revised, and certain paragraphs have
been rearranged. As a result, the corresponding paragraph identifiers
have changed in this proposed AD, as listed in the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
 Requirement/information in AD 2009-18-02,
  Amendment 39-15998 (74 FR 43621, August   Corresponding requirement in
                 27, 2009)                        this proposed AD
------------------------------------------------------------------------
paragraph (f).............................  paragraph (g).
paragraph (g).............................  paragraph (h).
Note 1....................................  paragraph (i).
------------------------------------------------------------------------

Other Changes

    We have revised certain headings throughout this AD.

Costs of Compliance

    We estimate that this proposed AD affects 414 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
            Action                 Labor cost       Parts cost       Cost per       registered     Cost on U.S.
                                                                      product        airplanes       operators
----------------------------------------------------------------------------------------------------------------
Group 1--Seal ends of           6 work-hours x                $0            $510             367        $187,170
 fasteners--Boeing Service       $85 per hour =
 Bulletin 767-57A0100            $510.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 2--Seal ends of           114 work-hours x               0           9,690              37         358,530
 fasteners--Boeing Service       $85 per hour =
 Bulletin 767-57A0100            $9,690.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 3--Inspection--Boeing     1 work-hour x                  0              85               9             765
 Service Bulletin 767-57A0100    $85 per hour =
 (retained actions from AD       $85.
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 1--Change wire bundle     250 work-hours x           1,632          22,882             376       8,603,632
 clamp configurations, Boeing    $85 per hour =
 Service Bulletin 767-57A0102    $21,250.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 2--Change wire bundle     874 work-hours x           1,304          75,594              37       2,796,978
 clamp configurations, Boeing    $85 per hour =
 Service Bulletin 767-57A0102    $74,290.
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
Group 3--Change wire bundle     26 work-hours x              338           2,548               1           2,548
 clamp configuration and seal    $85 per hour =
 fasteners, Boeing Service       $2,210.
 Bulletin 767-57A0102
 (retained actions from AD
 2009-18-02, Amendment 39-
 15998 (74 FR 43621, August
 27, 2009)).
All airplanes--Inspection (new  1 work-hour x                  0              85             414          35,190
 proposed action).               $85 per hour =
                                 $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary repair that
would be required based on the results of the proposed inspection. We
have no way of determining the number of aircraft that might need this
repair:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost            Parts cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Seal ends of fasteners--Boeing Service   6 work-hours x $85 per                  $0  Up to $510.
 Bulletin 767-57A0100 (retained actions   hour = $510.
 from AD 2009[dash]18-02, Amendment 39-
 15998 (74 FR 43621, August 27, 2009)).
Installation of TFE sleeve--Boeing       1 work-hour x $85 per hour               0  $85.
 Service Bulletin 767-57A0102.            = $85.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2012-0864; Directorate Identifier
2011-NM-023-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by October 22,
2012.

(b) Affected ADs

    This AD supersedes AD 2009-18-02, Amendment 39-15998 (74 FR
43621, August 27, 2009).

(c) Applicability

    This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes; certificated in any category; as
identified in Boeing Service Bulletin 767-57A0100, Revision 3, dated
July 28, 2011; and Boeing Service Bulletin 767-57A0102, Revision 4,
dated September 20, 2011.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 57: Wings.

(e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent possible ignition
sources in the auxiliary (center) fuel tank, main fuel tanks, and
surge tanks caused by a wiring short or lightning strike, which
could result in fuel tank explosions and consequent loss of the
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Retained Fastener Sealant Application

    This paragraph restates the requirements of paragraph (f) of AD
2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), with
revised service information. For airplanes identified in Boeing
Service Bulletin 767-57A0100, Revision 1, dated June 19, 2008:
Within 60 months after October 1, 2009 (the effective date of AD
2009-18-02), do the actions in paragraphs (g)(1) and (g)(2) of this
AD, as applicable, in accordance with the Accomplishment
Instructions of Boeing Service Bulletin 767-57A0100, Revision 01,
dated June 19, 2008; or Boeing Service Bulletin 767-57A0100,
Revision 3, dated July 28, 2011. As of the effective date of this
AD, only Boeing Service Bulletin 767-57A0100, Revision 3, dated July
28, 2011, may be used to accomplish the requirements of this
paragraph.
    (1) For Groups 1 and 2 airplanes: Seal the ends of the fasteners
on the brackets that hold the vortex generators, and seal the ends
of the fasteners on certain stiffeners on the rear spar, as
applicable.
    (2) For Group 3 airplanes: Do a detailed inspection to determine
the method of attachment of the vortex generators and, before
further flight, do all applicable specified corrective actions.

(h) Retained Wire Bundle Sleeve and Clamp Installation and Fastener
Sealant Application for Currently Affected Airplanes

    This paragraph restates the requirements of paragraph (g) of AD
2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009), with
revised service information. For airplanes identified in Boeing
Service Bulletin 767-57A0102, Revision 01, dated November 27, 2007:
Within 60 months after October 1, 2009 (the effective date of AD
2009-18-02), do the actions specified in paragraphs (h)(1), (h)(2),
and (h)(3) of this AD, as applicable, in accordance with the
Accomplishment Instructions of Boeing Service Bulletin 767-57A0102,
Revision 01, dated November 27, 2007; or Boeing Service Bulletin
767-57A0102, Revision 4, dated September 20, 2011. As of the
effective date of this AD, only Boeing Service Bulletin 767-57A0102,
Revision 4, dated September 20, 2011, may be used to accomplish the
actions required by this paragraph.
    (1) Change the wire bundle clamp configurations at specified
locations on the fuel tank walls.
    (2) Seal the fasteners and certain stiffeners at specified
locations in the fuel tank.
    (3) Do a detailed inspection of the sealant of the fasteners in
the auxiliary tank center bay and rib 28 of the left and right main
fuel tanks. Seal any unsealed fasteners before further flight.

(i) Definition

    This paragraph restates the information specified in Note 1 of
AD 2009-18-02, Amendment 39-15998 (74 FR 43621, August 27, 2009).
For the purposes of this AD, a detailed inspection is: ``An
intensive examination of a specific item, installation, or assembly
to detect damage, failure, or irregularity. Available lighting is
normally supplemented with a direct source of good lighting at an
intensity deemed appropriate. Inspection aids such as mirror,
magnifying lenses, etc., may be necessary. Surface cleaning and
elaborate procedures may be required.''

(j) New Wire Bundle Sleeve and Clamp Installation and Fastener Sealant
Application for Newly Added Airplanes

    For airplanes identified in Boeing Service Bulletin 767-57A0102,
Revision 4, dated September 20, 2011, but not identified in
paragraph (h) of this AD: Do the actions required by paragraph (h)
of this AD within 60 months after the effective date of this AD.

(k) New Inspection and Sleeve Installation

    For airplanes identified as Groups 1 and 2 in Boeing Service
Bulletin 767-57A0102, Revision 4, dated September 20, 2011: Within
60 months after the effective date of this AD, do a general visual
inspection of the clamp location on the rear spar to determine
whether a polytetrafluoroethylene (TFE) sleeve is installed between
the clamp and the plastic convoluted tube, in accordance with Work
Package 13 of the Accomplishment Instructions of Boeing Service
Bulletin 767-57A0102, Revision 4, dated September 20, 2011.
    (1) If a TFE sleeve is not installed between the clamp and the
plastic convoluted tubing, before further flight, install a TFE
sleeve, in accordance with the Accomplishment Instructions of Boeing
Service Bulletin 767-57A0102, Revision 4, dated September 20, 2011.
    (2) If a TFE sleeve is installed between the clamp and the
plastic convoluted tubing, no more work is required by this
paragraph.

(l) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 767-57A0100,
dated August 21, 2006; Revision 1, dated June 19, 2008; or Revision
2, dated May 20, 2010.
    (2) This paragraph provides credit for the actions required by
paragraph (h) of this AD, if those actions were performed before the
effective date of this AD using Boeing Service Bulletin 767-57A0102,
Revision 01, dated November 27, 2007; Revision 2, dated January 7,
2010; or Revision 3, dated December 2, 2010.

(m) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) AMOCs approved previously in accordance with AD 2009-18-02,
Amendment 39-15998 (74 FR 43621, August 27, 2009), are approved as
AMOCs for the corresponding provisions of this AD.

(n) Related Information

    (1) For more information about this AD, contact Rebel Nichols,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA
98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You

may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 24, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-21931 Filed 9-5-12; 8:45 am]
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