[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Notices]
[Pages 59844-59845]
[FR Doc No: 2020-20929]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-420, OMB Control No. 3235-0479]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 15c2-7

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995

(``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 15c2-7 (17 CFR 240.15c2-
7) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
The Commission plans to submit this existing collection of information
to the Office of Management and Budget (``OMB'') for extension and
approval.
    Rule 15c2-7 places disclosure requirements on broker-dealers who
have correspondent relationships, or agreements identified in the rule,
with other broker-dealers. Whenever any such broker-dealer enters a
quotation for a security through an inter-dealer quotation system, Rule
15c2-7 requires the broker-dealer to disclose these relationships and
agreements in the manner required by the rule. The inter-dealer
quotation system must also be able to make these disclosures public in
association with the quotation the broker-dealer is making.
    When rule 15c2-7 was adopted in 1964, the information it requires
was necessary for execution of the Commission's mandate under the
Securities Exchange Act of 1934 to prevent fraudulent, manipulative and
deceptive acts by broker-dealers. In the absence of the information
collection required under Rule 15c2-7, investors and broker-dealers
would have been unable to accurately determine the market depth of, and
demand for, securities in an inter-dealer quotation system.
    There are approximately 3,647 broker-dealers registered with the
Commission. Any of these broker-dealers could be potential respondents
for Rule 15c2-7, so the Commission is using that figure to represent
the number of respondents. Rule 15c2-7 applies only to quotations
entered into an inter-dealer quotation system, such as the OTC Bulletin
Board (``OTCBB''), or OTC Link, operated by OTC Markets Group Inc.
(``OTC Link'') or the electronic trading platform operated by Global
OTC. According to representatives of OTC Link, Global OTC and the
OTCBB, none of those entities has recently received, or anticipates
receiving any Rule 15c2-7 notices. However, because such notices could
be made, the Commission estimates that one filing is made annually
pursuant to Rule 15c2-7.
    Based on prior industry reports, the Commission estimates that the
average time required to enter a disclosure pursuant to the rule is .75
minutes, or 45 seconds. The Commission sees no reason to change this
estimate. We estimate that impacted respondents spend a total of .0125
hours per year to comply with the requirements of Rule 15c2-7 (1 notice
(x) 45 seconds/notice).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o
Cynthia Roscoe, 100 F Street NE, Washington, DC 20549, or send an email
to<EMAIL_ADDRESS>
    Dated: September 17, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-20929 Filed 9-22-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Pages 46980-46981]
[FR Doc No: 2017-21675]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC17-197-000.
    Applicants: Aspen Generating, LLC, Buchanan Generation, LLC,
Allegheny Energy Supply Company, LLC.
    Description: Joint Application of Aspen Generating, LLC, et al. for
Approval Under Section 203 of the Federal Power Act and Request for a
Shortened Comment Period.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5308.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: EC17-198-000.
    Applicants: West Penn Power Company.
    Description: Application for Authorization Pursuant to Section
203(a)(1)(b) of the Federal Power Act of West Penn Power Company.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5310.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: EC17-199-000.
    Applicants: Mid-Atlantic Interstate Transmission, LLC.
    Description: Application for Authorization Pursuant to Section 203
(a)(1)(b) of the Federal Power Act of Mid-Atlantic Interstate
Transmission, LLC.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5311.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: EC17-200-000.
    Applicants: The Potomac Edison Company.
    Description: Application for Authorization Pursuant to Section 203
(a)(1)(b) of the Federal Power Act of The Potomac Edison Company. Also
submitted Attachments 2 and 3.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5315; 20170929-5316; 20170929-5320.
    Comments Due: 5 p.m. ET 10/20/17.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2214-003.
    Applicants: Zion Energy LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective N/A.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5178.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER12-954-003.
    Applicants: Calpine Mid Merit, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective N/A.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5170.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER13-1589-001.
    Applicants: RockGen Energy, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective N/A.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5180.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER14-873-001.
    Applicants: Calpine New Jersey Generation, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective N/A.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5171.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER14-874-001.
    Applicants: Calpine Bethlehem, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective N/A.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5166.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER14-875-001.
    Applicants: Calpine Mid-Atlantic Generation, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective N/A.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5167.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER14-2762-003.
    Applicants: Pine Bluff Energy, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective N/A.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5182.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER15-2495-001.
    Applicants: Calpine New Jersey Generation, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective N/A.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5172.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER15-2735-003.
    Applicants: Garrison Energy Center LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective N/A.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5176.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2566-000.
    Applicants: Calpine Mid-Atlantic Generation, LLC.
    Description: Compliance filing: Informational Filing Regarding
Upstream Change in Control to be effective 12/31/9998.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5168.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ER17-2575-000.
    Applicants: Allegheny Energy Supply Company, LLC.
    Description: Compliance filing: Informational Filing re Planned
Transfer and eTariff record (original ER05-1417) to be effective 6/1/
2014.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5204.
    Comments Due: 5 p.m. ET 10/20/17.

    Take notice that the Commission received the following electric
securities filings:

    Docket Numbers: ES17-60-000.
    Applicants: Trans-Allegheny Interstate Line Company.

    Description: Application for Authorization Under Section 204(a) of
the Federal Power Act to Issue Short-Term Debt Securities of Trans-
Allegheny Interstate Line Company.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5297.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ES17-61-000.
    Applicants: The Potomac Edison Company.
    Description: Application for Authorization Under Section 204(a) of
the Federal Power Act to Issue Short-Term Debt Securities of The
Potomac Edison Company.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5298.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ES17-62-000.
    Applicants: Pennsylvania Power Company.
    Description: Application for Authorization Under Section 204(a) of
the Federal Power Act to Issue Short-Term Debt Securities of
Pennsylvania Power Company.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5299.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ES17-63-000.
    Applicants: Pennsylvania Electric Company.
    Description: Application for Authorization Under Section 204(a) of
the Federal Power Act to Issue Short-Term Debt Securities of
Pennsylvania Electric Company.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5300.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ES17-64-000.
    Applicants: Monongahela Power Company.
    Description: Application for Authorization Under Section 204(a) of
the Federal Power Act to Issue Short-Term Debt Securities of
Monongahela Power Company.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5301.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ES17-65-000.
    Applicants: Allegheny Generating Company.
    Description: Application for Authorization Under Section 204(a) of
the Federal Power Act to Issue Short-Term Debt Securities of Allegheny
Generating Company.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5302.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ES17-66-000.
    Applicants: Jersey Central Power & Light Company.
    Description: Application for Authorization Under Section 204(a) of
the Federal Power Act to Issue Short-Term Debt Securities of Jersey
Central Power & Light Company.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5303.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ES17-67-000.
    Applicants: Metropolitan Edison Company.
    Description: Application for Authorization Under Section 204(a) of
the Federal Power Act to Issue Short-Term Debt Securities of
Metropolitan Edison Company.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5304.
    Comments Due: 5 p.m. ET 10/20/17.

    Docket Numbers: ES17-68-000.
    Applicants: West Penn Power Company.
    Description: Application for Authorization Under Section 204(a) of
the Federal Power Act to Issue Short-Term Debt Securities of West Penn
Power Company.
    Filed Date: 9/29/17.
    Accession Number: 20170929-5307.
    Comments Due: 5 p.m. ET 10/20/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 2, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-21675 Filed 10-6-17; 8:45 am]
BILLING CODE 6717-01-P


detail, specific equipment requirements, or quality assurance/ quality control requirements. The two remaining voluntary consensus standards identified in the search were not available at the time the review was conducted because they are under development by a voluntary consensus body:

ASME/ BSR MFC 13M, " Flow Measurement by Velocity Traverse,"

for EPA Method 2 ( and possibly Method 1) and ASME/ BSR MFC 12M, " Flow in Closed Conduits Using Multiport Averaging Pitot Primary Flowmeters," for EPA Method 2. Therefore, EPA does not intend to adopt these standards for this purpose.

Detailed information on the EPA's search and review results National Emission Standards for Coke Oven Batteries: Proposed Amendments  page 95 of 112 95 is included in the docket.

Section 63.309 of the proposed amendments lists the EPA test methods that would be required. Under 40 CFR 63.7( f)

and 40 CFR 63.8( f), a source may apply to EPA for permission to use alternative test methods or monitoring requirements in place of any of the EPA test methods, performance specifications, or procedures.

List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control,

Hazardous substances, Reporting and recordkeeping requirements.

Dated:

Michael O. Leavitt, Administrator. 96 For the reasons stated in the preamble, title 40, chapter I,

part 63 of the Code of Federal Regulations is proposed to be amended as follows:

PART 63[ AMENDED]

1. The authority citation for part 63 continues to read as follows:

Authority: 42 U. S. C. 7401 et seq.

Subpart A   [ Amended]

2. Section 63.14 is amended by revising paragraph ( i)( 3) to read as follows:

§ 63.14 Incorporations by reference.

* * * * *

( i) * * *

( 3) ANSI/ ASME PTC 19.10 1981, " Flue and Exhaust Gas Analyses [ Part 10, Instruments and Apparatus]," IBR approved for § § 63.309( k)( 1)( iii), 63.685( b), 63.3360( e)( 1)( iii),

63.4166( a)( 3), 63.4965( a)( 3), and 63.5160( d)( 1)( iii).

* * * * *

Subpart L   [ Amended]

3. Section 63.300 is amended by:

a. Redesignating existing paragraphs ( a)( 3) through ( a)( 5) as ( a)( 5) through ( a)( 7); and b. Adding new paragraphs ( a)( 3) and ( a)( 4).

The additions read as follows: 97 § 63.300 Applicability.

( a) * * *

( 3) [ date 90 days after publication of the final rule amendments in the Federal Register], for existing by product coke oven batteries subject to emission limitations in § 63.302( a)( 3) and for non recovery coke oven batteries subject to the emission limitations and requirements in § 63.303( b)( 3) or ( c);

( 4) Upon startup for a new non recovery coke oven battery subject to the emission limitations and requirements in § 63.303( b), ( c), and ( d). A new non recovery coke oven battery subject to the requirements in § 63.303( d) is one for which construction or reconstruction commenced on or after [ insert date of publication in the Federal Register];

* * * * *

4. Section 63.302 is amended by adding new paragraph ( a)( 3) to read as follows:

§ 63.302 Standards for by product coke oven batteries.

( a) * * *

( 3) On and after [ date 90 days after publication of the final rule amendments in the Federal Register];

( i) 4.0 percent leaking coke oven doors for each tall by product coke oven battery and for each by product coke oven battery owned or operated by a foundry coke producer,

as determined by the procedures in § 63.309( d)( 1); ( ii) 3.3 percent leaking coke oven doors for each byproduct coke oven battery not subject to the emission limitation in paragraph ( a)( 3)( i) of this section, as determined by the procedures in § 63.309( d)( 1);

( iii) 0.4 percent leaking topside port lids, as determined by the procedures in § 63.309( d)( 1);

( iv) 2.5 percent leaking offtake system( s), as determined by the procedures in § 63.309( d)( 1); and ( v) 12 seconds of visible emissions per charge, as determined by the procedures in § 63.309( d)( 2).

* * * * *

5. Section 63.303 is amended by:

a. Redesignating paragraphs ( b)( 3) and ( b)( 4) as ( b)( 4) and ( b)( 5) and adding new paragraph ( b)( 3); and b. Adding new paragraphs ( c) and ( d).

The additions read as follows:

§ 63.303 Standards for non recovery coke oven batteries.

* * * * *

( b) * * *

( 3) For charging operations, the owner or operator shall implement, for each day of operation, the work practices specified in § 63.306( b)( 6) and record the performance of the work practices as required in § 63.306( b)( 7).

* * * * * ( c) Except as provided in § 63.304, the owner or operator of any non recovery coke oven battery shall meet the work practice standards in paragraphs ( c)( 1) and ( 2) of this section.

( 1) The owner or operator shall observe each coke oven door after charging and record the oven number of any door from which visible emissions occur. Emissions from coal spilled during charging or from material trapped within the seal area of the door are not considered to be a door leak if the owner or operator demonstrates that the oven is under negative pressure, and that no emissions are visible from the top of the door or from dampers on the door.

( 2) Except as provided in paragraphs ( c)( 2)( i) and ( ii) of this section, if a coke oven door leak is observed at any time during the coking cycle, the owner or operator shall take corrective action and stop the leak within 15 minutes from the time the leak is first observed. No additional leaks are allowed from doors on that oven for the remainder of that oven's coking cycle.

( i) For no more than two times per battery in any semiannual reporting period, the owner or operator may take corrective action and stop the leak within 45 minutes ( instead of 15 minutes) from the time the leak is first observed.

( ii) The limit of two occurrences per battery 100 specified in paragraph ( c)( 2)( i) of this section does not apply if a worker must enter a cokeside shed to stop a leaking door under the cokeside shed. The owner or operator shall take corrective action and stop the door leak within 45 minutes ( instead of 15 minutes) from the time the leak is first observed. The evacuation system and control device for the cokeside shed must be operated at all times there is a leaking door under the cokeside shed.

( d) The owner or operator of a new non recovery coke oven battery shall meet the emission limitations and work practice standards in paragraphs ( d)( 1) through ( 4) of this section.

( 1) The owner or operator shall not discharge or cause to be discharged to the atmosphere from charging operations any fugitive emissions that exhibit an opacity greater than 20 percent, as determined by the procedures in § 63.309( j).

( 2) The owner or operator shall not discharge or cause to be discharged to the atmosphere any emissions of particulate matter ( PM) from a charging emissions control device that exceed 0.0081 pounds per ton ( lbs/ ton) of dry coal charged, as determined by the procedures in § 63.309( k).

( 3) The owner or operator shall observe the exhaust stack of each charging emissions control device at least once during each day of operation to determine if visible emissions are present and shall record the results of each 101 daily observation or the reason why conditions did not permit a daily observation. If any visible emissions are observed, the owner or operator must:

( i) Take corrective action to eliminate the presence of visible emissions;

( ii) Record the cause of the problem creating the visible emissions and the corrective action taken;

( iii) Conduct visible emission observations according to the procedures in § 63.309( m) within 24 hours after detecting the visible emissions; and ( iv) Report any 6 minute average, as determined according to the procedures in § 63.309( m), that exceeds 10 percent opacity as a deviation in the semiannual compliance report required by § 63.311( d).

( 4) The owner or operator shall develop and implement written procedures for adjusting the oven uptake damper to maximize oven draft during charging and for monitoring the oven damper setting during each charge to ensure that the damper is fully open.

6. Section 63.309 is amended by adding new paragraphs ( j) through ( m) to read as follows:

§ 63.309 Performance tests and procedures.

* * * * *

( j) The owner or operator of a new non recovery coke oven battery shall conduct a performance test once each week 102 to demonstrate compliance with the opacity limit in § 63.303( d)( 1). The owner or operator shall conduct each performance test according to the procedures and requirements in paragraphs ( j)( 1) through ( 3) of this section.

( 1) Using a certified observer, determine the average opacity of five consecutive charges per week for each charging emissions capture system if charges can be observed according to the requirements of Method 9 ( 40 CFR part 60,

appendix A), except as specified in paragraphs ( j)( 1)( i) and ( ii) of this section.

( i) Instead of the procedures in section 2.4 of Method 9 ( 40 CFR part 60, appendix A), record observations to the nearest 5 percent at 15 second intervals for at least five consecutive charges.

( ii) Instead of the procedures in section 2.5 of Method 9 ( 40 CFR part 60, appendix A), determine and record the highest 3 minute block average opacity for each charge from the consecutive observations recorded at 15 second intervals.

( 2) Opacity observations are to start when the door is removed for charging and end when the door is replaced.

( 3) Using the observations recorded from each performance test, the certified observer shall compute and record the average of the five 3 minute block averages. 103 ( k) The owner or operator of a new non recovery coke oven battery shall conduct a performance test to demonstrate initial compliance with the emission limitations for a charging emissions control device in § 63.303( d)( 2) within 180 days of the compliance date that is specified for the affected source in § 63.300( a)( 4) and report the results in the notification of compliance status. The owner or operator shall prepare a site specific test plan according to the requirements in § 63.7( c) and shall conduct each performance test according to the requirements in § 63.7( e)( 1) and paragraphs ( k)( 1) through ( 4) of this section.

( 1) Determine the concentration of PM according to the following test methods in appendix A to 40 CFR part 60.

( i) Method 1 to select sampling port locations and the number of traverse points. Sampling sites must be located at the outlet of the control device and prior to any releases to the atmosphere.

( ii) Method 2, 2F, or 2G to determine the volumetric flow rate of the stack gas.

( iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas. You may also use as an alternative to Method 3B, the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas, ANSI/ ASME PTC 19.10 1981, " Flue and Exhaust Gas 104 E C Q T P K p = × × × ( Eq. 1) Analyses" ( incorporated by reference, see § 63.14).

( iv) Method 4 to determine the moisture content of the stack gas.

( v) Method 5 or 5D, as applicable, to determine the concentration of front half PM in the stack gas.

( 2) During each PM test run, sample only during periods of actual charging when the capture system fan and control device are engaged. Collect a minimum sample volume of 30 dry standard cubic feet ( dscf) during each test run.

Three valid test runs are needed to comprise a performance test. Each run must start at the beginning of a charge and finish at the end of a charge ( i. e., sample for an integral number of charges).

( 3) Determine and record the total combined weight of tons of dry coal charged during the duration of each test run.

( 4) Compute the process weighted mass emissions ( Ep)

for each test run using Equation 1 of this section as follows:

Where:

Ep = Process weighted mass emissions of PM, lb/ ton; C = Concentration of PM, grains per dry standard cubic foot ( gr/ dscf); 105 Q = Volumetric flow rate of stack gas, dscf/ hr; T = Total time during a run that a sample is withdrawn from the stack during charging, hr; P = Total amount of dry coal charged during the test run, tons; and K = Conversion factor, 7,000 grains per pound ( gr/ lb).

( l) The owner or operator of a new non recovery coke oven battery shall conduct subsequent performance tests for each charging emissions control device subject to the PM emissions limit in § 63.303( d)( 2) at least once during each term of their title V operating permit.

( m) Visible emission observations of a charging emissions control device required by § 63.303( d)( 3)( iii) must be performed by a certified observer according to Method 9 ( 40 CFR part 60, appendix A) for one 6 minute period.

7. Section 63.310 is amended by adding new paragraph ( j) to read as follows:

§ 63.310 Requirements for startups, shutdowns, and malfunctions.

* * * * *

( j) The owner or operator of a non recovery coke oven battery subject to the work practice standards for door leaks in § 63.303( c) shall include the information specified in paragraphs ( j)( 1) and ( 2) of this section in the startup,

shutdown, and malfunction plan.

( 1) Identification of potential malfunctions that will cause a door to leak, preventative maintenance procedures to 106 minimize their occurrence, and corrective action procedures to stop the door leak.

( 2) Identification of potential malfunctions that affect charging emissions, preventative maintenance procedures to minimize their occurrence, and corrective action procedures.

8. Section 63.311 is amended by:

a. Revising paragraph ( b)( 1) and adding new paragraphs ( b)( 3) through ( 7);

b. Revising paragraph ( c)( 1) and adding new paragraph ( c)( 3);

c. Revising paragraphs ( d)( 1) through ( 3) and adding new paragraphs ( d)( 4) through ( 9); and d. Revising paragraphs ( f)( 1)( i) and ( ii) and adding new paragraphs ( f)( 1)( iv) through ( ix).

The revisions and additions read as follows:

§ 63.311 Reporting and recordkeeping requirements.

* * * * *

( b) Initial compliance certification. * * *

( 1) Statement signed by the owner or operator,

certifying that a bypass/ bleeder stack flare system or an approved alternative control device or system has been installed as required in § 63.307.

( 2) * * *

( 3) Statement, signed by the owner or operator, 107 certifying that all work practice standards for charging operations have been met as required in § 63.303( b)( 3).

( 4) Statement, signed by the owner or operator,

certifying that all work practice standards for door leaks have been met as required in § 63.303( c).

( 5) Statement, signed by the owner or operator,

certifying that the information on potential malfunctions has been added to the startup, shutdown and malfunction plan as required in § 63.310( j).

( 6) Statement, signed by the owner or operator, that all applicable emission limitations in § 63.303( d)( 1) and ( 2)

for a new non recovery coke oven battery have been met. The owner or operator shall also include the results of the PM performance test required in § 63.309( k).

( 7) Statement, signed by the owner or operator,

certifying that all work practice standards in § 63.303( d)( 3)

and ( 4) for a new non recovery coke oven battery have been met.

( c) Notifications. * * *

( 1) Intention to construct a new coke oven battery ( including reconstruction of an existing coke oven battery and construction of a greenfield coke oven battery), a brownfield coke oven battery, or a padup rebuild coke oven battery, including the anticipated date of startup.

( 2) * * * 108 ( 3) Intention to conduct a PM performance test for a new non recovery coke oven battery subject to the requirements in § 63.303( d)( 2). The owner or operator shall provide written notification according to the requirements in § 63.7( b).

( d) Semiannual compliance report. * * *

( 1) Certification, signed by the owner or operator,

that no coke oven gas was vented, except through the bypass/ bleeder stack flare system of a by product coke oven battery during the reporting period or that a venting report has been submitted according to the requirements in paragraph ( e) of this section.

( 2) Certification, signed by the owner or operator,

that a startup, shutdown, or malfunction event did not occur for a coke oven battery during the reporting period or that a startup, shutdown, and malfunction event did occur and a report was submitted according to the requirements in § 63.310( e).

( 3) Certification, signed by the owner or operator,

that work practices were implemented if applicable under § 63.306.

( 4) Certification, signed by the owner or operator,

that all work practices for non recovery coke oven batteries were implemented as required in § 63.303( b)( 3).

( 5) Certification, signed by the owner or operator, 109 that all coke oven door leaks on a non recovery battery were stopped according to the requirements in § 63.303( c)( 2) and ( 3). If a coke oven door leak was not stopped according to the requirements in § 63.303( c)( 2) and ( 3), or if the door leak occurred again during the coking cycle, the owner or operator must report the information in paragraphs ( d)( 5)( i)

through ( iii) of this section.

( i) The oven number of each coke oven door for which a leak was not stopped according to the requirements in § 63.303( c)( 2) and ( 3) or for a door leak that occurred again during the coking cycle.

( ii) The total duration of the leak from the time the leak was first observed.

( iii) The cause of the leak ( including unknown cause,

if applicable) and the corrective action taken to stop the leak.

( 6) Certification, signed by the owner or operator,

that the opacity of emissions from charging operations for a new non recovery coke oven battery did not exceed 20 percent. If the opacity limit in § 63.303( d)( 1) was exceeded, the owner or operator must report the number,

duration, and cause of the deviation ( including unknown cause, if applicable), and the corrective action taken.

( 7) Results of any PM performance test for a charging emissions control device for a new non recovery coke oven 110 battery conducted during the reporting period as required in § 63.309( l).

( 8) Certification, signed by the owner or operator,

that all work practices for a charging emissions control device for a new non recovery coke oven battery were implemented as required in § 63.303( d)( 3). If a Method 9 visible emissions observation exceeds 10 percent, the owner or operator must report the duration and cause of the deviation ( including unknown cause, if applicable), and the corrective action taken.

( 9) Certification, signed by the owner or operator,

that all work practices for oven dampers on a new nonrecovery coke oven battery were implemented as required in § 63.303( d)( 4).

* * * * *

( f) Recordkeeping. * * *

( 1) * * *

( i) Records of daily pressure monitoring, if applicable according to § 63.303( a)( 1)( ii) or § 63.303( b)( 1)( ii).

( ii) Records demonstrating the performance of work practice requirements according to § 63.306( b)( 7). This requirement applies to non recovery coke oven batteries subject to the work practice requirements in § 63.303( a)( 2)

or § 63.303( b)( 3). 111 ( iii) * * *

( iv) Records to demonstrate compliance with the work practice requirement for door leaks in § 63.303( c). These records must include the oven number of each leaking door,

total duration of the leak from the time the leak was first observed, the cause of the leak ( including unknown cause, if applicable), the corrective action taken, and the amount of time taken to stop the leak from the time the leak was first observed.

( v) Records to demonstrate compliance with the work practice requirements for oven uptake damper monitoring and adjustments in § 63.303( c)( 1)( iv).

( vi) Records of weekly performance tests to demonstrate compliance with the opacity limit for charging operations in § 63.303( d)( 1). These records must include calculations of the highest 3 minute averages for each charge, the average opacity of five charges, and, if applicable, records demonstrating why five consecutive charges were not observed ( e. g., the battery was charged only at night).

( vii) Records of all PM performance tests for a charging emissions control device to demonstrate compliance with the limit in § 63.303( d)( 2).

( viii) Records of all daily visible emission observations for a charging emission control device to 112 demonstrate compliance with the requirements limit in § 63.303( d)( 3).

( ix) Records to demonstrate compliance with the work practice requirements for oven uptake damper monitoring and adjustments in § 63.303( d)( 4).

* * * * *


[Federal Register: February 14, 2006 (Volume 71, Number 30)]
[Notices]
[Page 7754]
[DOCID:fr14fe06-45]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ06-4-000]

Southwestern Power Administration; Notice of Filing

February 6, 2006.
    Take notice that on January 25, 2006, the Department of Energy,
Southwestern Power Administration tendered for filing revisions to its
non-jurisdictional open access transmission tariff filed with the
Commission on December 31, 1997, to conform to the terms and conditions
of an agreement dated March 31, 2005, between Southwestern and the
Regional Transmission Organization of the Southwest Power Pool, Inc.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on February 15, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-2027 Filed 2-13-06; 8:45 am]

BILLING CODE 6717-01-P


(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 1102, 1109(f), 1111(b)(4), 1112, 1115(c), 1116(a) and
(b), 1117, 1119(n), 1120(c), 1201, 1301, 1302, 1303, 1304, 1305, 1306,
1308, 1310, 1404, 1408, 1409(a) and (b), 1410, 1411, 1502, 1604, 1803,
1907, 1908, 1910, 1911, 1916, 1917, 1918, 1923, 1928, 1934, 1935, 1937,
1939, 1940, 1941, 1943, 1944, 1945, 1948, 1949, 1950, 1952, 1957, 1958,
1959, 1962, 1964, 4404 (as it relates to matters within the primary
responsibility of the Federal Highway Administrator), 5101(b),
5202(b)(3)(B), (c), and (d), 5203(e) and (f), 5204(g) and (i), 5304,
5305, 5306, 5307, 5308, 5309, 5502, 5504, 5508, 5511, 5512, 5513(b),
(f), (k), and (m) (as (m) relates to (b), (f), and (k)), 5514, 6009(b)
(as they relate to matters within the primary responsibility of the
Federal Highway Administrator), 6017, 6018, 10210, and 10212 of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Publ. L. 109-59, 119 Stat. 1144).
    (d) The Federal Highway Administrator is delegated authority to:
    (1) Carry out the functions vested in the Secretary of
Transportation by section 601 of the Pipeline Safety Act of 1992 (Pub.
L. 102-508, 106 Stat. 3289) relating to construction of the Page Avenue
Extension Project in Missouri.
    (2) Carry out the functions of the Secretary under the Appalachian
Regional Development Act of 1965, 40 U.S.C. Subtitle IV.
    (3) Carry out the Act of September 21, 1966, Public Law 89-599,
relating to certain approvals concerned with a compact between the
States of Missouri and Kansas.
    (4) Carry out the functions vested in the Secretary by section 5
(as it relates to bridges, other than railroad bridges, not over
navigable waters), and section 8(a) (as it relates to all bridges other
than railroad bridges) of the International Bridge Act of 1972 (Public
Law 92-434, 86 Stat. 731) [33 U.S.C. 535c and 535e(a)].
    (5) Carry out the Highway Safety Act of 1966, as amended (Pub. L.
89-564, 80 Stat. 731) and chapter 4 of title 23 U.S.C. as amended by
section 207 of the Surface Transportation Assistance Act of 1978 for
highway safety programs, research and development relating to highway
design, construction and maintenance, traffic control devices,
identification and surveillance of accident locations, and highway-
related aspects of pedestrian and bicycle safety.
    (6) Exercise the authority vested in the Secretary by 49 U.S.C.
20134(a) with respect to the laws administered by the Federal Highway
Administrator pertaining to highway safety and highway construction
    (7) Prescribe regulations, as necessary, at Part 24 of this title,
to implement the Uniform Act, 42 U.S.C. Chapter 61, and to act as the
lead agency in carrying out all other functions vested in the Secretary
by the Uniform Act, in coordination with the Under Secretary.
    (8) Exercise the authority vested in the Secretary by sections 101,
118, 120(b), 123 and 124 of the Federal-Aid Highway Amendments of 1974
(Pub. L. 93-643, January 4, 1975, 88 Stat. 2281).
    (9) Carry out the functions vested in the Secretary of
Transportation by section 114 of Part C of the Paperwork Reduction
Reauthorization Act of 1986 (contained in the Act Making Continuing
Appropriations for Fiscal Year 1987 and for Other Purposes, Pub. L. 99-
591, 100 Stat. 3341, 2241-349), relating to construction of Interstate
Highway H-3 in Hawaii.
    (10) Carry out the functions vested in the Secretary by Public Law
98-229, 98 Stat. 55, insofar as it relates to apportioning certain
funds for construction of the Interstate Highway System in Fiscal Year
1985, apportioning certain funds for Interstate substitute highway
projects, and increasing amounts available for emergency highway
relief.
    (11) Carry out all of the functions vested in the Secretary under
section 324 of the Fiscal Year 1986 Department of Transportation
Appropriations Act (Pub. L. 99-190, 99 Stat. 1288), notwithstanding the
reservation of authority under Sec.  1.21 of this part.
    (12) Carry out the functions vested in the Secretary of
Transportation by section 505 of the Railroad Revitalization and
Regulatory Reform Act of 1976, as amended, (Pub. L. 94-210, 90 Stat.
31) relating to the Alameda Corridor Project in consultation with the
Federal Railroad Administrator.
    (13) Act as the lead DOT agency in matters relating to the National
Environmental Policy Act of 1969, Public Law 91-190, 83 Stat. 852 [42
U.S.C. 4321 et seq.] pertinent to the authority vested in the Secretary
to establish, operate, and manage the Nationwide Differential Global
Positioning System (NDGPS) by section 346 of the Department of
Transportation and Related Agencies Appropriations Act, 1998 (Pub. L.
105-66, 111 Stat. 1425).
    (14) Exercise the responsibilities of the Secretary under 49 U.S.C.
309 (high speed ground transportation).

Sec.  1.86  The Federal Motor Carrier Safety Administration.

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

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

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

chapter 147, relating to enforcement remedies, investigations and motor
carrier liability; and
    (8) Sections 14901 through 14913 and 14915 of chapter 149 relating
to civil and criminal penalties for violations of 49 U.S.C. subtitle
IV, part B.
    (b) Carry out the functions vested in the Secretary by sections 104
and 204 of the ICC Termination Act of 1995, Public Law 104-88, 109
Stat. 803, relating to self-insurance rules and a savings clause.
    (c) Carry out the functions vested in the Secretary by 42 U.S.C.
4917, relating to procedures for the inspection, surveillance and
measurement of commercial motor vehicles for compliance with interstate
motor carrier noise emission standards and related enforcement
activities including the promulgation of necessary regulations.
    (d) Carry out the following functions and exercise the authority
vested in the Secretary by chapter 51 of title 49, U.S.C.:
    (1) Except as delegated to the Under Secretary of Transportation
for Policy by Sec.  1.25, carry out the functions vested in the
Secretary by 49 U.S.C. 5121(a), (b), (c), and (d), 5122, 5123, and
5124, relating to the transportation or shipment of hazardous materials
by highway.
    (2) Carry out the functions vested in the Secretary by 49 U.S.C.
5105(e), relating to inspections of motor vehicles carrying hazardous
material; 49 U.S.C. 5109, relating to motor carrier safety permits,
except subsection (f); 49 U.S.C. 5112, relating to highway routing of
hazardous materials; 49 U.S.C. 5113, relating to unsatisfactory safety
ratings of motor carriers; 49 U.S.C. 5119, relating to uniform forms
and procedures; and 49 U.S.C. 5125(a) and (c)-(f), relating to
preemption determinations or waivers of preemption of hazardous
materials highway routing requirements.
    (e) Carry out the functions vested in the Secretary by:
    (1) Chapter 313 of 49, U.S.C., relating to commercial motor vehicle
operators; and
    (2) Section 4123(c), (d) and (e) of SAFETEA-LU relating to grants,
funding, and contract authority and availability, respectively, for
commercial driver's license information system modernization.
    (f) Carry out the functions vested in the Secretary by subchapters
I, III, and IV of chapter 311, title 49, U.S.C., and 49 U.S.C. 31111,
relating to commercial motor vehicle programs, safety regulation, and
international activities, except that the authority to promulgate
safety standards for commercial motor vehicles and equipment subsequent
to initial manufacture is limited to standards that are not based upon
and similar to a Federal Motor Vehicle Safety Standard promulgated
under chapter 301 of title 49, U.S.C.
    (g) Carry out the functions vested in the Secretary by 49 U.S.C.
5701 relating to food transportation inspections of commercial motor
vehicles.
    (h) Carry out the functions and exercise the authority delegated to
the Secretary in section 2(d)(2) of Executive Order 12777 (3 CFR, 1992
Comp., p. 351), as amended, with respect to highway transportation,
relating to the approval of means to ensure the availability of private
personnel and equipment to remove, to the maximum extent practicable, a
worst case discharge, the review and approval of response plans, and
the authorization of motor carriers, subject to the Federal Water
Pollution Control Act, Public Law 87-88, as amended [33 U.S.C. 1321],
to operate without approved response plans.
    (i) Carry out chapter 315 of title 49, U.S.C., relating to motor
carrier safety.
    (j) Carry out 49 U.S.C. 502, 503, 504, 506, and 523 to the extent
they relate to motor carriers, motor carriers of migrant workers, and
motor private carriers; 49 U.S.C. 507 to the extent it relates to motor
carriers, motor carries of migrant workers, motor private carriers, or
freight forwarders; and 49 U.S.C. 505, 508, and 521(b).
    (k) Carry out the functions and exercise the authority vested in
the Secretary by 23 U.S.C. 502(a)(1)(A).
    (l) Carry out the functions vested in the Secretary by the
following sections of SAFETEA-LU:
    (1) Section 4105(b)(1) relating to the study concerning predatory
tow truck operations;
    (2) Section 4126, relating to the commercial vehicle information
systems and networks deployment program;
    (3) Section 4127, relating to outreach and education;
    (4) Section 4128, relating to grants under the safety data
improvement program;
    (5) Section 4130-4133, amending section 229 of the Motor Carrier
Safety Improvement Act of 1999 (49 U.S.C. 31136 note) relating to the
operators of vehicles transporting agricultural commodities and farm
supplies, and hours of service for miscellaneous vehicle operators;
    (6) Section 4134 (49 U.S.C. 31301 note), relating to the grant
program for persons to train operators of commercial motor vehicles;
    (7) [Reserved]
    (8) Section 4136 relating to interstate vans;
    (9) Section 4138 relating to high risk carrier compliance (49
U.S.C. 31100 note);
    (10) Section 4139(a)(1), relating to the training of and outreach
to State personnel; section (b)(1) relating to a review of Canadian and
Mexican compliance with Federal motor vehicles safety standards; and
the first sentence of section (b)(2) relating to the report concerning
the findings and conclusions of the review required by section (b)(1)
(see 49 U.S.C. 31100 note);
    (11) Section 4143, granting authority to stop commercial motor
vehicles, 18 U.S.C. 3064;
    (12) Section 4144, relating to a motor carrier safety advisory
committee;
    (13) [Reserved]
    (14) Section 4147, relating to emergency conditions requiring
immediate response (amending section 229 of the Motor Carrier Safety
Improvement Act of 1999 (49 U.S.C. 31136 note);
    (15) Section 4213, relating to the establishment of a working group
for the development of practices and procedures to enhance Federal-
State relations (49 U.S.C. 14710 note);
    (16) Section 4214, relating to the establishment of a system for
collecting consumer complaint information and issuing regulations
related to reporting requirements under the system (49 U.S.C. 14701
note); and
    (17) Section 4308, granting authority to adopt regulations to carry
out SAFETEA-LU, Title IV, subtitle C (49 U.S.C. 13902 note).

Sec.  1.88  The Federal Railroad Administration.

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

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

Sec.  1.89  Delegations to the Federal Railroad Adminstrator.

    The Federal Railroad Administrator is delegated authority to:
    (a) Carry out the functions and exercise the authority vested in
the Secretary by 49 U.S.C. Subtitle V, Part A (Safety, chapter 201 et
seq.,) Part B (Assistance, chapter 221 et seq.), Part C (Passenger
Transportation, chapter 241 et seq.), Part D (High Speed Rail, chapter
261), and section 28101 of Part E, relating to the law enforcement
authority of railroad police officers; except 49 U.S.C. 20134 with
respect to highway, traffic, and motor vehicle safety and highway
construction.
    (b) Carry out the functions and exercise the authority vested in
the Secretary by the Rail Safety Improvement Act of 2008 (Pub. L. 110-
432, Div. A, 122 Stat. 4848).
    (c) Carry out the functions and exercise the authority vested in
the Secretary by the Passenger Rail Investment and Improvement Act of
2008 (Pub. L. 110-432, Div. B, 122 Stat. 4907), except Title VI (122
Stat. 4968) as it relates to capital and preventive maintenance
projects for the Washington Metropolitan Area Transit Authority.
    (d) Carry out the functions vested in the Secretary by 33 U.S.C.
535c, as it relates to railroad bridges not over navigable waterways.
    (e) Exercise the administrative powers vested in the Secretary by
49 U.S.C. Subtitle I, Chapter 5 (section 501 et seq.) pertaining to
railroad safety and 49 U.S.C. 103 (Federal Railway Administration).
    (f) Promote and undertake research and development relating to rail
matters generally (49 U.S.C. Chapter 3 (section 301 et seq). and 49
U.S.C. 102).
    (g) Carry out the functions vested in the Secretary by 45 U.S.C.
Ch. 15 (Section 601 et seq.) with respect to emergency rail services,
except the authority to make findings required by 45 U.S.C. 662(a) and
the authority to sign guarantees of certificates issued by trustees.
    (h) Carry out the functions vested in the Secretary by 45 U.S.C.
chapter 17 (section 801 et seq.) with respect to railroad
revitalization and regulatory reform and the Railroad Rehabilitation
and Improvement Financing program.
    (i) Carry out the functions vested in the Secretary by 45 U.S.C.
chapter 21 (section 1201 et seq.) related to the Alaska Railroad
transfer.
    (j) Except as delegated to the Under Secretary of Transportation
for Policy by Sec.  1.25 of this part, carry out the functions vested
in the Secretary by 49 U.S.C. 5121-5124 relating to the transportation
or shipment of hazardous materials by railroad.
    (k) Carry out the functions vested in the Secretary by section 7 of
Executive Order 12580 (delegating sections 108 and 109, respectively,
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 as amended (49 U.S.C. 9615 et seq.), insofar as
they relate to rolling stock.
    (l) Carry out the functions vested in the Secretary by 33 U.S.C.
493, relating to disputes over the terms and compensation for use of
railroad bridges built under that statute.
    (m) Carry out the functions vested in the Secretary by 49 U.S.C.
5701 with respect to transportation of food and other products by
railroad.
    (n) Carry out the functions vested in the Secretary by 23 U.S.C.
322 (Magnetic Levitation Transportation Technology Deployment Program).
    (o) Carry out the functions vested in the Secretary by sections
1307 (see note to 23 U.S.C. 322), and 1946 of SAFETEA-LU as they relate
to deployment of magnetic levitation transportation projects and a
study of rail transportation and regulation.
    (p) Investigate and report on safety compliance records of
applicants seeking railroad operating authority from the Surface
Transportation Board, and to intervene and present evidence concerning
applicants' fitness in Board proceedings under 49 U.S.C. 307, relating
to railroads.
    (q) Carry out the function vested in the Secretary by the
Bankruptcy Code (11 U.S.C. 1163), which relates to the nomination of
trustee for rail carriers in reorganization, with the concurrence of
the Office of the General Counsel.

Sec.  1.90  The Federal Transit Administration.

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

Sec.  1.91  Delegations to the Federal Transit Administrator.

    The Secretary delegates to the Federal Transit Administrator the
authority vested in him to carry out the following:
    (a) Chapter 53 of title 49, United States Code.
    (b) Sections 3 and 9 through 15 of the National Capital
Transportation Assistance Act of 1969, as amended (DC Code, Sec.  9-
1101.01 et seq.).
    (c) Sections of title 23, United States Code, that involve public
transportation projects, including those provisions that pertain to
environmental reviews and use of historic resources for public
transportation projects.
    (d) Section 303 of title 49, United States Code, as it involves
public transportation projects.
    (e) The following sections of SAFETEA-LU:
    (1) [49 U.S.C. 5308 note], 3046 [49 U.S.C. 5338 note], 3048, 3049
[5 U.S.C. 7905 note], and 3050; and
    (2) Sections 6009(b) [23 U.S.C. 138 note] and (c), and 6010, as
they relate to public transit projects.
    (f) Section 601 of Title VI of the Passenger Rail Investment and
Improvement Act of 2008 (Pub. L. 110-432, Div. B).

Sec.  1.92  The Maritime Administration.

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

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

Sec.  1.93  Delegations to the Maritime Administrator.

    The Maritime Administrator is delegated authority to:
    (a) Carry out the functions and exercise the authorities vested in
the Secretary under Subtitle V of title 46, U.S.C., except for 46
U.S.C. 51303 and 55601(c) and (d);
    (b) Carry out the functions and exercise the authorities vested in
the Secretary under Subtitle III of title 46, U.S.C.;
    (c) Carry out the functions and exercise the authorities vested in
the Secretary under the Merchant Ship Sales Act of 1946, as amended (50
U.S.C. App. 1735 et seq.);
    (d) Carry out the functions and exercise the authorities vested in
the Secretary under 50 U.S.C. App 1744 with respect to the National
Shipping Authority;
    (e) Exercise the authority vested in the Administrator of General
Services by the Act of June 1, 1948, Public Law 80-566, 62 Stat. 281,
40 U.S.C. 318-318c and the Federal Property and Administrative Services
Act of 1949, as amended, 63 Stat. 377, and delegated to the Secretary
of Transportation by the Administrator of General Services on March 23,
2000, relating to the enforcement of laws for the protection of
property and persons at the United States Merchant Marine Academy,
located in Kings Point, New York. This may be accomplished through
appointment of uniformed personnel as special police, establishment of
rules and regulations governing conduct on the affected property, and
execution of agreements with other Federal, State, or local
authorities.
    (f) Carry out the functions and exercise the authorities vested in
the Secretary by section 3(d) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1902(d)) as it relates to ships owned or operated by
the Maritime Administration when engaged in noncommercial service;
    (g) Carry out the functions vested in the Secretary by 40 U.S.C.
554 relating to authority to convey surplus real property to public
entities for use in the development or operation of port facilities;
    (h) Carry out the following powers and duties and exercise the
authorities vested in the Secretary by the Deepwater Port Act of 1974,
Public Law 93-627, as amended (33 U.S.C. 1501 et seq.),
    (1) Section 4: The authority to issue, transfer, amend, or
reinstate a license for the construction and operation of a deepwater
port (33 U.S.C. 1503(b));
    (2) Section 4: The authority to process applications for the
issuance, transfer, amendment, or reinstatement of a license for the
construction and operation of a deepwater port (33 U.S.C. 1503(b)), in
coordination with the Commandant of the Coast Guard;
    (3) Section 5(h)(2): Approval of fees charged by adjacent coastal
States for use of a deepwater port and directly related land-based
facilities (33 U.S.C. 1504(h)(2));
    (4) Section 4: Make Adjacent Coastal State designations pursuant to
33 U.S.C. 1508(a)(2);
    (5) Section 11: In collaboration with the Assistant Secretary for
Aviation and International Affairs and the Assistant Secretary for
Transportation Policy, consultation with the Secretary of State
relating to international actions and cooperation in the economic,
trade and general transportation policy aspects of the ownership and
operation of deepwater ports (33 U.S.C. 1510);
    (6) Section 16(b): Submission of notice of the commencement of a
civil suit (33 U.S.C. 1515(b));
    (7) Section 16(c): Intervention in any civil action to which the
Secretary is not a party (33 U.S.C. 1515(c));
    (8) Sections 8(b), 12: Authority to request the Attorney General to
seek the suspension or termination of a deepwater port license and to
initiate a proceeding before the Surface Transportation Board (33
U.S.C. 1507, 1511);
    (i) Carry out the functions and exercise the authority vested in
the Secretary by section 109 of the Maritime Transportation Security
Act of 2002, Public Law 107-295, 116 Stat. 2064, 46 U.S.C. 70101 note,
to provide training for maritime security professionals.
    (j) Exercise all the powers of the Secretary under 49 U.S.C. 336
with respect to civil penalties;
    (k) Carry out all of the duties, authorities and powers of the
Secretary under the Reefs for Marine Life Conservation law, 16 U.S.C.
1220 et seq.;
    (l) In consultation and coordination with the Office of
Intelligence, Security and Emergency Response, carry out the functions
related to emergency preparedness and response vested in the Secretary
by the Defense Production Act of 1950, 50 U.S.C. App. 2061, et seq., as
such authorities relate to the use of sealift support and port
facilities, and other maritime industry related facilities and
services, and maritime-related voluntary agreements pursuant to Section
708;
    (m) Carry out the functions related to the National Defense Reserve
Fleet vested in the Secretary pursuant to 50 U.S.C App. 1744;
    (n) Carry out all of the duties, authorities and powers of the
Secretary under the following statutes:
    (1) 10 U.S.C. 2218, the National Defense Sealift Fund;
    (2) 40 U.S.C. 3134, Bond waiver authority for certain contracts;
    (3) 46 U.S.C. 501(b), Waiver of navigation and vessel-inspection
laws and determination of non-availability of qualified U.S. flag
vessels;
    (4) 46 U.S.C. 3316, granting authority to appoint a representative
to Executive Board of the American Bureau of Shipping (ABS);
    (5) 46 U.S.C. 12119(a)(5), authority to waive or reduce the
qualified proprietary cargo requirements and determine citizenship;
    (6) 50 U.S.C. 196, Emergency foreign vessel acquisition; purchase
and requisition of vessels lying idle in United States waters;
    (7) 50 U.S.C. 197, Voluntary purchase or charter agreement;
    (8) 50 U.S.C. 198, granting authority over requisitioned vessels;
    (o) Carry out all of the duties, authorities and powers of the
Secretary with respect to 16 U.S.C. 1220 et seq. (use of obsolete ships
as reefs for marine life conservation);
    (p) Carry out all of the duties, powers and authorities delegated
to the Secretary of Transportation by the Administrator of General
Services with respect to the leasing and management of property under
41 CFR 102-72.30, Delegations of Authority;

    (q) Carry out all of the duties, authorities and powers vested in
the Secretary by 46 U.S.C. 70101 note, to provide training for maritime
security professionals;
    (r) Carry out the duties, authorities and powers of the Secretary
under the following statutes:
    (i) Title XV, Subtitle B of the Food, Agriculture, Conservation,
and Trade Act of 1990, Public Law 101-624 (104 Stat. 3359, 3665), 7
U.S.C. 1421 and Chapter 553 of Title 46, U.S.C., authorizing the
Secretary to designate ``American Great Lakes'' vessels that are exempt
from the restrictions relating to the carriage of preference cargoes;
    (ii) 46 U.S.C. 2302(e) (determination of substandard vessels);
    (iii) Section 304(a) of Coast Guard and Maritime Transportation Act
of 2006, 33 U.S.C. 1503(i), a program to promote LNG tanker
transportation;
    (iv) Section 306 of Public Law 111-281, concerning the phaseout of
vessels supporting oil and gas development.
    (s) Carry out the functions and exercise the authorities vested in
the President by Section 1019 of John Warner National Defense
Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) and delegated
to the Secretary by the President;
    (t) Lead efforts pertaining to civil emergency planning for sealift
support for North Atlantic Treaty Organization (NATO) operations,
including coordinating DOT representation on sealift-related
committees, in coordination with the Office of Intelligence, Security
and Emergency Response.

Sec.  1.94  The National Highway Traffic Safety Administration.

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

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

    The National Highway Traffic Safety Administrator is delegated
authority to:
    (a) Exercise the authority vested in the Secretary under chapters
301, 303, 321, 323, 325, 327, 329, and 331, of Title 49, U.S.C., except
for 49 U.S.C. 32916(b).
    (b) Exercise the authority vested in the Secretary by 49 U.S.C.
20134(a) with respect to laws administered by the National Highway
Traffic Safety Administrator pertaining to highway, traffic and motor
vehicle safety.
    (c) Carry out, in coordination with the Federal Motor Carrier
Safety Administrator, the authority vested in the Secretary by
subchapter III of chapter 311 of title 49, U.S.C., to promulgate safety
standards for commercial motor vehicles and equipment subsequent to
initial manufacture when the standards are based upon and similar to a
Federal Motor Vehicle Safety Standard promulgated, either
simultaneously or previously, under chapter 301 of title 49, U.S.C.
    (d) Carry out the Highway Safety Act of 1966, as amended (23 U.S.C.
401 et seq.), except as it relates to highway safety programs, research
and development relating to highway design, construction and
maintenance; traffic control devices; identification and surveillance
of accident locations; and highway-related aspects of pedestrian and
bicycle safety.
    (e) Carry out the functions and exercise the authority vested in
the Secretary under 23 U.S.C. 406(e)(3), to engage in activities with
States and State legislators to consider proposals related to safety
belt use laws. The National Highway Traffic Safety Administrator may
further delegate this authority, including to other Administrators
within the Department.
    (f) Carry out the functions and exercise the authority vested in
the Secretary for the following provisions of Title 23, U.S.C. (with
respect to matters within the primary responsibility of the National
Highway Traffic Safety Administrator): 153, 154, 157, 158, 161, 163,
164, and 313 (Buy America).
    (g) Carry out the consultation functions vested in the Secretary by
Executive Order 11912, as amended (energy conservation) relating to
automobiles.
    (h) Exercise the authority vested in the Secretary by section
210(2) of the Clean Air Act, Public Law 90-148, as amended [42 U.S.C.
7544(2)].
    (i) Carry out the following functions and exercise the authority
vested in the Secretary under SAFETEA-LU:
    (1) Section 1906 [23 U.S.C. 402 note], relating to the grant
program to prohibit racial profiling;
    (2) Section 2001(d) [23 U.S.C. 401 note], relating to transfers of
funds;
    (3) Section 2003(c), relating to on-scene motor vehicle collision
causation;
    (4) Section 2003(d) [23 U.S.C. 403 note], relating to research on
distracted, inattentive, and fatigued drivers;
    (5) Section 2003(f), relating to refusal of intoxication testing;
    (6) Section 2003(g), relating to impaired motorcycle driving;
    (7) Section 2003(h), relating to reducing impaired driving
recidivism;
    (8) Section 2009(f) [23 U.S.C. 402 note], relating to the annual
evaluation, in regard to high visibility enforcement program;
    (9) Section 2010 [23 U.S.C. 402 note], relating to motorcyclist
safety;
    (10) Section 2011 [23 U.S.C. 405 note], relating to child safety
and child booster seat incentive grants;
    (11) Section 2012, relating to safety data;
    (12) Section 2013 [23 U.S.C. 403 note], relating to drug-impaired
driving enforcement;
    (13) Section 2014 [23 U.S.C. 402 note], relating to first responder
vehicle safety program;
    (14) Section 2015, relating to driver performance study;
    (15) Section 2016, relating to rural state emergency medical
services optimization pilot program;
    (16) Section 2017(a), relating to older driver safety and, (b) [23
U.S.C. 402 note], relating to law enforcement training;
    (17) Section 5513(e) [23 U.S.C. 502 note], relating to automobile
accident injury research;
    (18) Section 5513(m) [23 U.S.C. 502 note] as it relates to section
513(e);

    (19) Section 10202 [42 U.S.C. 300d-4], relating to emergency
medical services;
    (20) Section 10302, relating to side-impact crash protection
rulemaking;
    (21) Section 10303 [49 U.S.C. 30101 note], relating to tire
research;
    (22) Section 10305(b) [49 U.S.C. 30101 note], relating to the
publication of non-traffic incident data collection;
    (23) Section 10306, relating to the study of safety belt use
technologies;
    (24) Section 10307(b) [15 U.S.C. 1232 note], relating to the
issuing of regulations in regard to safety labeling requirements;
    (25) Section 10308, relating to power window switches; and
    (26) Section 10309(a), relating to the testing of 15-passenger van
safety.
    (j) Carry out the following functions and exercise the authority
vested in the Secretary under the Energy Independence and Security Act
of 2007 (Pub. L. 110-140):
    (1) Section 106 [49 U.S.C. 32902 note], relating to the continued
applicability of existing standards;
    (2) Section 107 [49 U.S.C. 32902 note], relating to the National
Academy of Sciences studies;
    (3) Section 108, relating to the National Academy of Sciences study
of medium-duty and heavy-duty truck fuel economy;
    (4) Section 110 [49 U.S.C. 32908 note], relating to the periodic
review of accuracy of fuel economy labeling;
    (5) Section 113 [49 U.S.C. 32904 note], relating to the exemption
from separate calculation requirement;
    (6) Section 131(b)(2) and (c)(1) [42 U.S.C. 17011(b)(2), (c)(1)],
relating to the Plug-in Electric Drive Vehicle Program;
    (7) Section 225(a), relating to the study of optimization of
flexible fueled vehicles to use E-85 fuel;
    (8) Section 227(a), relating to the study of optimization of biogas
used in natural gas vehicles;
    (9) Section 242[42 U.S.C. 17051], relating to renewable fuel
dispenser requirements; and
    (10) Section 248(a) [42 U.S.C. 17054(a)], relating to biofuels
distribution and advanced biofuels infrastructure.
    (k) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under Sec.  7103 of the
Transportation Equity Act for the 21st Century, Public Law 105-178.
    (l) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under Sec. Sec.  3(d), 10, 11 and 13
through 17 [uncodified provisions] of the Transportation Recall
Enhancement, Accountability, and Documentation (TREAD) Act, Public Law
106-414.
    (m) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under Anton's Law, Public Law 107-
318.
    (n) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under the Cameron Gulbransen Kids
Transportation Safety Act of 2007 or the K.T. Safety Act of 2007,
Public Law 110-189.
    (o) Carry out the functions and exercise the motor vehicle safety
authority vested in the Secretary under the Pedestrian Safety
Enhancement Act of 2010, Public Law 111-373.

Sec.  1.96  The Pipeline and Hazardous Materials Safety Administration.

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

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

    The Pipeline and Hazardous Materials Safety Administrator is
delegated responsibility to:
    (a) Pipelines. (1) Exercise the authority vested in the Secretary
under chapter 601 of title 49, U.S.C.
    (2) Exercise the authority vested in the Secretary under section 28
of the Mineral Leasing Act, as amended (30 U.S.C. 185(a) and 30 U.S.C.
185 (w)(3)).
    (3) Exercise the authority vested in the Secretary under section 21
of the Deepwater Port Act of 1974, as amended (33 U.S.C. 1520) relating
to the establishment, enforcement and review of regulations concerning
the safe construction, operation or maintenance of oil or natural gas
pipelines on Federal lands and the Outer Continental Shelf.
    (4) Exercise the authority vested in the Secretary under section 5
of the International Bridge Act of 1972 (33 U.S.C. 535) as it relates
to pipelines not over navigable waterways.
    (5) Exercise the authority vested in the Secretary under the Outer
Continental Shelf Lands Act, as amended (43 U.S.C. 1331 et seq.) with
respect to the establishment, enforcement and review of regulations
concerning pipeline safety.
    (6) Carry out the functions vested in the Secretary by section 7 of
Executive Order 12580 (delegating sections 108 and 109, respectively,
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 as amended (49 U.S.C. 9615 et seq.), insofar as
they relate to pipelines.
    (7) Exercise the authority vested in the Secretary by 49 U.S.C.
60301 as it relates to pipeline safety user fees.
    (8) Exercise the authority vested in the Secretary by 49 U.S.C.
6101 et seq. as it relates to pipeline damage prevention One Call
programs.
    (9) Exercise the authority vested in the Secretary by the Pipeline
Safety Improvement Act of 2002 (Pub. L. 107-355, 116 Stat. 2985).
    (10) Exercise the authority vested in the Secretary by the Pipeline
Safety, Regulatory Certainty, and Job Creation Act of 2011 (Pub. L.
112-90).
    (b) Hazardous materials. Except as delegated to the Under Secretary
of Transportation for Policy by Sec.  1.25:
    (1) Carry out the functions vested in the Secretary by 49 U.S.C.
5121(a), (b), (c), (d) and (e), 5122, 5123, and 5124, with particular
emphasis on the shipment of hazardous materials and the manufacture,
fabrication, marking, maintenance, reconditioning, repair or test of
multi-modal containers that are represented, marked, certified, or sold
for use in the transportation of hazardous materials; and
    (2) Carry out the functions vested in the Secretary by all other
provisions of the Federal hazardous material transportation law (49
U.S.C. 5101 et seq.) except as delegated by Sec. Sec.  1.83(d)(2) (FAA)
and 1.87(d)(2) (FMCSA) of this subpart and by paragraph 2(99) of
Department of Homeland Security Delegation No. 0170.

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

Sec.  1.100  The Saint Lawrence Seaway Development Corporation.

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

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

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

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

    1. Director of Budget. The Assistant Secretary for Budget and
Programs and CFO has redelegated to the Director of Budget authority
to--
    (a) Request apportionment and reapportionment of funds by the
Office of Management and Budget, provided that no request for
apportionment or reapportionment which anticipates the need for a
supplemental appropriation shall be submitted to the Office of
Management and Budget without appropriate certification by the
Secretary.
    (b) Issue allotments or allocations of funds to components of
the Department.
    2. Chief Counsels. The General Counsel has delegated to the
Chief Counsels the authority delegated to the General Counsel by
Amendment 1-41 to part 1 of title 49, Code of Federal Regulations,
35 FR 17653, November 17, 1970, as follows:
    Section 855 of the Revised Statutes, as amended by Public Law
91-393, 84 Stat. 835 (40 U.S.C. 255) authorizes the Attorney General
to delegate to other departments and agencies his authority to give
written approval of the sufficiency to the title to land being
acquired by the United States. The Attorney General has delegated to
the Assistant Attorney General in charge of the Land and Natural
Resources Division the authority to make delegations under that law
to other Federal departments and agencies (35 FR 16084; 28 CFR Sec.
0.66). The Assistant Attorney General, Land and Natural Resources
Division, has further delegated certain responsibilities in
connection with the approval of the sufficiency of the title to land
to the Department of Transportation as follows:

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

    Pursuant to the provision of Public Law 91-393, approved
September 1, 1970, 84 Stat. 835, amending R.S. 355 (40 U.S.C. 255),
and acting under the provisions of Order No. 440-70 of the Attorney
General, dated October 2, 1970, the responsibility for the approval
of the sufficiency of the title to land for the purpose for which
the property is being acquired by purchase or condemnation by the
United States for the use of your Department is, subject to the
general supervision of the Attorney General and to the following
conditions, hereby delegated to your Department.
    This delegation of authority is further subject to:
    1. Compliance with the regulations issued by the Assistant
Attorney General on October 2, 1970, a copy of which is enclosed.
    2. This delegation is limited to:
    (a) The acquisition of land for which the title evidence,
prepared in compliance with these regulations, consists of a
certificate of title, title insurance policy, or an owner's
duplicate Torrens certificate of title.
    (b) The acquisition of lands valued at $100,000 or less, for
which the title evidence consists of abstracts of title or other
types of title evidence prepared in compliance with said
regulations.
    As stated in the above-mentioned Act, any Federal department or
agency which has been delegated the responsibility to approve land
titles under the Act may request the Attorney General to render his
opinion as to the validity of the title to any real property or
interest therein, or may request the advice or assistance of the
Attorney General in connection with determinations as to the
sufficiency of titles.
    The Chief Counsels of the Federal Aviation Administration,
Federal Highway Administration, Federal Railroad Administration,
National Highway Traffic

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

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