(3) Immediate removal action concerning releases or threats of releases at active or inactive "hazardous waste management facilities" only when the Coast Guard On-Scene Coordinator determines that such action must be taken pending the arrival on scene of an Environmental Protection Agency On-Scene Coordinator. Unless otherwise agreed upon by EPA and Coast Guard, this authority will not be exercised unless the EPA OSC is scheduled to arrive on scene within 48 hours of notification of the release or threat. As used in this paragraph, “immediate removal action" includes any removal action which, in the view of the Coast Guard On-Scene Coordinator, must be taken immediately to prevent or mitigate immediate and significant harm to human life or health, to the environment, or to real or personal off-site property. Situations in which such actions may be taken include, but are not limited to, fire, explosions, and other sudden releases; human, animal, or food chain exposure to acutely toxic substances; and the contamination of a drinking water supply. All functions listed in this paragraph include the authority to contract for, obligate monies for, and otherwise arrange for and coordinate the responses included within such functions. (hh) Carry out the functions vested in the Secretary by the Act to Prevent Pollution from Ships (October 21, 1980; Pub. L. 96-478; 94 Stat. 2297) except section 10(b) and (c) and except as limited by § 1.47(n), § 1.52(c), and § 1.66(u) of this title. (ii) Carry out the functions vested in the Secretary by the Deep Seabed Hard Mineral Resources Act (June 21, 1980; Pub. L. 96-283; 94 Stat. 553), except section 118. (jj) Carry out the functions vested in the Secretary to convene and approve a Coast Guard Reserve Policy Board as provided in 14 U.S.C. 703. (kk) Carry out the functions vested in the Secretary by the Fisheries Amendments of 1982 (Pub. L. 97-389; 96 Stat. 1949) relating to implementation of the Convention for the Conservation of Salmon in the North Atlantic Ocean and to documentation and certification of inspection of certain vessels. (11) Carry out the functions assigned to the Secretary by section 4 of Executive Order 12418 of May 3, 1983 (48 FR 20891; May 10, 1983), relating to demonstration of financial responsiblity for vessels carrying oil loaded from the Trans-Alaska pipeline. (mm)—(oo) [Reserved] (pp) Except as specifically reserved in 49 CFR § 1.44, carry out the responsibilities of, and exercise the authority of the Secretary contained in the Uniform Code of Military Justice, Chapter 47 of Title 10 United States Code, and the Manual for Courts-Martial, United States. (Sec. 9(e), Department of Transportation Act, 49 U.S.C. 1657(e); 49 CFR 1.57(1); 49 U.S.C. 322) [Amdt. 1-113, 40 FR 43901, Sept. 24, 1975] EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting § 1.46, see the List of CFR Sections Affected in the Finding Aids section of this volume. § 1.47 Delegations to Federal Aviation Administrator. The Federal Aviation Administrator is delegated authority to: (a) Carry out the powers and duties transferred to the Secretary of Transportation by, or subsequently vested in the Secretary by virtue of, section 6(c)(1) of the Department of Transportation Act (49 U.S.C. 1655(c)(1)), including those pertaining to aviation safety (except those related to transportation, packaging, marking, or description of hazardous materials) and vested in the Secretary by section 308(b) of title 49, U.S.C., and sections 306-309, 312-314, 1101, 1105, and 1111 and titles VI, VII, IX (excluding section 902(h)), and XII of the Federal Aviation Act of 1958, as amended. (b) Carry out Title XIII of the Federal Aviation Act of 1958, as amended (72 Stat. 800; 49 U.S.C. 1531 et seq.), relating to aviation insurance. (c) Carry out the functions vested in the Secretary by the Act of September 7, 1957 (71 Stat. 629; 49 U.S.C. 1324 note), as amended by section 6(a)(3)(B) of the Department of Transportation Act, relating to the guarantee of aircraft purchase loans, and those functions which relate to the issuance of obligations to finance the expenses of such guarantees. (d) Administer Executive Orders 11419 and 11322 relating to prohibited aviation operations and the prohibited carriage of commodities and products to and from Southern Rhodesia. Carry out the functions vested in the Secretary by Executive Order 12183. (e) Provide certain facilities and services to FAA employees and their dependents at remote locations (49 U.S.C. 1659). (f) Carry out the functions vested in the Secretary by: (1) The Airport and Airway Development Act of 1970, as amended (49 U.S.C. 1701 et seq.), except sections 3 and 4 (49 U.S.C. 1702, 1703). (2) Sections 208 and 209 of the Airport and Airway Revenue Act of 1970, as amended (49 U.S.C. 1742, 1742 note); and (3) Sections 21, 22, 23(b), 24, and 25 of the Airport and Airway Development Act Amendments of 1976 (49 U.S.C. 1346(a), 1348 note, 1713 note, 1356a, 1704). (g) Carry out the functions vested in the Secretary by Part B of Title II of the Clean Air Act, as amended (84 Stat. 1703), and by 40 CFR Part 87 as it relates to exemptions from aircraft air pollution standards. (h) Carry out the functions of the Secretary under section 208 of the Appalachian Regional Development Act of 1965 (85 Stat. 168; 40 U.S.C. App. 208). (i) Carry out the functions vested in the Secretary by section 902(h)(2) of the Federal Aviation Act of 1958, as amended, as it relates to enforcement of hazardous materials regulations as they apply to the transportation or shipment of such materials by air. (j) Carry out the functions vested in the Secretary by 49 U.S.C. 1807 as it relates to the establishment of procedures for monitoring and enforcing provisions of regulations with respect to the transportation of radioactive materials on passenger-carrying aircraft. (k) Carry out the functions vested in the Secretary by 49 U.S.C. 1808(a), (b), and (c), 1809, and 1810 relating to investigations, records, inspections, penalties, and specific relief so far as they apply to the transportation or shipment of hazardous materials by air. (1) Serve, or designate a representative to serve, as Vice Chairman and alternate Department of Transportation member of the Interagency Group on International Aviation (IGIA) pursuant to interagency agreement of December 9, 1960, and Executive Order 11382, and provide for the administrative operation of the IGIA Secretariat. (m) Carry out the functions vested in the Secretary by sections 4(a) and 5(c) of Executive Order 12316 of August 14, 1981 (46 FR 42237, August 20, 1981) (delegating sections 107(c)(1)(c) and 108(b), respectively, of the Comprehensive Environmental Response, Compensation, and Liability Act of 1981, Pub. L. 96-510), insofar as they relate to aircraft. (n) Carry out the functions 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 Federal Aviation Administration when engaged in noncommercial service. (o) [Reserved] (p) Carry out the functions vested in the Secretary by: (1) Section 553(b) of Pub. L. 99-83 (99 Stat. 226), which relates to the authority of Federal Air Marshals to carry firearms and make arrests, in coordination with the General Counsel; and (2) The following subsections of section 1115 of the Federal Aviation Act of 1958, as amended, which relates to the security of foreign airports: Subsection 1115(a), in coordination with the General Counsel and the Assistant Secretary for Policy and International Affairs; subsection 1115(b), in coordination with the Assistant Secretary for Policy and International Affairs; and subsection 1115(e)(2)(A)(ii), in coordination with the General Counsel and the Assistant Secretary for Policy and International Affairs. (Secs. 3(e), 6(c), and 9(e), Department of Transportation Act (49 U.S.C. 1652(e), 1655(c), and 1657(e)); 49 U.S.C. 322; 49 CFR 1.57(1)) [Amdt.1-113, 40 FR 43901, Sept.24, 1975] EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting § 1.47, see the List of CFR Sections Affected in the Finding Aids sec- § 1.48 Delegations to Federal Highway Ad- The Federal Highway Administrator (a) Investigate and report on the ers. (b) Administer the following sections (1)(i) 101(a); and (ii) 101(b), (c), (d), and (e), except as (2) 103, except as it involves the sub- (3) 104, including the apportionment (4) 105, except as subsections (a) and (5) 106, except subsections (a), (c), (6) 107; (7) 108, except as it involves mass (8) 109, except subsections (a), (g), (9) 110, except as it involves mass (11) 112, 113, 114, except as they in- (12) 115; (13) 116, except subsections (a) and (14) 117, except as it involves mass (16) 121 and 122, except as they in- (17) 123; (18) 124, except as it involves mass (20) 128, except as it involves mass (21) 129, 130, 131, 132, 134, 135, 136, (22) 140, except paragraph (a) of this (23) 141, with the concurrence of the (24) 142, except as it involves mass (25) 143 and 144; (26) 145, except as it involves mass (27) 146 through 152 and 155 (28) 154 and 158 each with the con- (29) 201 through 219 (Chapter 2); (31) 304, 305, 306, except as they in- (32) 307 through 314 inclusive; (33) 315 and 317, except as they in- (34) 318 through 322, inclusive; and 73-179 0-86--2 (c) Administer the following laws relating generally to highways: (1) Sections 105, 107(c)-(e), 123 (a) and (b), 124(c), 126(d)-(g), 138(c), 140145, 147-154, 167, and 171, and Title IV, as amended (as it relates to matters within the primary responsibility of the Federal Highway Administrator), of the Surface Transportation Assistance Act of 1978, Pub. L. 95-599, 92 Stat. 2689; and sections 502-504, Title V, of the Highway Revenue Act of 1978. (2) Sections 103, 104, 11(b), 128(b), 131, 133(b), 135, 136, 141, 147, 149, 154, 158, 159, 160, 161, 163, 203, 206, 401 and 402 of the Federal-Aid Highway Act of 1973, as amended (Pub. L. 9387, 87 Stat. 250; Pub. L. 93-643, 88 Stat. 2281). (3) The Federal-Aid Highway Act of 1970, as amended (except section 118) (84 Stat. 1713). (4) The Federal-Aid Highway Act of 1968, as amended (82 Stat. 815); (5) The Federal-Aid Highway Act of 1966, as amended (80 Stat. 766); (6) The Federal-Aid Highway Act of 1962, as amended (76 Stat. 1145, 23 U.S.C. 307 note); (7) The Federal-Aid Highway Act of 1956, as amended (70 Stat. 374); (8) The Federal-Aid Highway Act of 1954, as amended (68 Stat. 70); (9) The Act of September 26, 1961, as amended (75 Stat. 670); (10) The Highway Revenue Act of 1956, as amended (70 Stat. 387, 23 U.S.C. 120 note); (11) The Highway Beautification Act of 1965, as amended (79 Stat. 1028, 23 U.S.C. 131 et seq., notes); (12) The Alaska Omnibus Act, as amended (73 Stat. 141, 48 U.S.C. 21 note prec.); (13) The Joint Resolution of August 28, 1965, as amended (79 Stat. 578, 23 U.S.C. 101 et seq., notes); (14) Section 502(c) of the General Bridge Act of 1946, as amended (60 Stat. 847, 33 U.S.C. 525(c)); (15) The Act of April 27, 1962 (76 Stat. 59); (16) Reorganization Plan No. 7 of 1949 (63 Stat. 1070); and (17) Sections 102(b) (except subparagraph (2)) and (c); 105 (b)(1) and (c); 141; 146; 147; and 152 of the FederalAid Highway Act of 1976 (Pub. L. 94280; 90 Stat. 425). (18) The Federal-Aid Highway Act of 1982 (Pub. L. 97-327), except section 6 as it relates to matters within the primary responsibility of the Urban Mass Transportation Administrator. (19) The Surface Transportation Assistance Act of 1982, Pub. L. 97-424, as amended, (i) Except section 165 and 531 as they relate to matters within the primary responsibility of the Urban Mass Transportation Administrator; 105(f), 413; 414(b)(1) and (2); 421, 426, and Title III; and (ii) Section 414(b)(1), with the concurrence of the National Highway Traffic Safety Administration. (d) [Reserved] (e) Carry out 49 U.S.C. 3103 relating generally to investigation of the need for regulation of sizes, weights, and combinations of motor vehicles and qualifications and maximum hours of service of employees of motor carriers and motor private carriers. (f) Carry out 49 U.S.C. 3102 relating generally to qualifications and maximum hours of service of employees and safety of operation and equipment of motor carriers, motor private carriers and motor carriers of migrant workers. (g) Carry out 49 U.S.C. 503 and 3104 relating generally to service of process, designation of agents to receive service of process, and identification of interstate motor vehicles so far as they pertain to motor private carriers of property and motor carriers of migrant workers (except motor contract carriers). (h) [Reserved] (i) Administer the following laws relating generally to the reasonableness of tolls: (1) Section 4 of the Act of March 23, 1906, as amended (34 Stat. 85, 33 U.S.C. 494); (2) Section 503 of the General Bridge Act of 1946, as amended (60 Stat. 847, 33 U.S.C. 526); (3) Section 17 of the Act of June 10, 1930, as amended (46 Stat. 552, 33 U.S.C. 498a); (4) The Act of June 27, 1930, as amended (46 Stat. 821, 33 U.S.C. 498b); and (5) The Act of August 21, 1935, as amended (49 Stat. 670, 33 U.S.C. 503 et seq.). (j) Carry out the functions of the Secretary under the Appalachian Regional Development Act of 1965 (79 Stat. 5; 40 U.S.C. App.) except section 208. (k) Initiate proceedings as a complainant under 49 U.S.C. 10925 to revoke, suspend or amend the certificates, permits or licenses of a motor carrier. (1) Carry out the Act of September 21, 1966, Pub. L. 89-599, relating to certain approvals concerned with a compact between the States of Missouri and Kansas. (m) Carry out the law relating to the Chamizal border highway (80 Stat. 1477). (n) Carry out the Highway Safety Act of 1966, as amended (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. (0) Exercise the authority vested in the Secretary by Section 204(b) of the Federal Railroad Safety Act of 1970 (84 Stat. 972, 45 U.S.C. 433(b)) with respect to the laws administered by the Federal Highway Administrator pertaining to highway safety and highway construction. (p) Carry out the functions vested in the Secretary provided 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. (q) 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 sections 6 and 8(a) (as they relate to all bridges other than railroad bridges) of the International Bridge Act of 1972 (Pub. L. 92-434). (r) Carry out the functions vested in the Secretary by the following sections of the Urban Mass Transportation Act of 1964 as amended (78 Stat. 302, 49 U.S.C. 1601 et seq.): (1) Sections 3(a)(3), 3(e)(1), 5(g)(1), and 8 as they relate to urban planning (49 U.S.C. 1602 (a)(3) and (e)(1), 1603(a), and 1604(g)(1); and 1604(1)). (2) Section 12(c)(11) relating to approval of boundaries of urbanized areas (49 U.S.C. 1608(c)(11)); (3) Section 18 as it relates to the formula grant program for non-urbanized areas in the Commonwealth of Puerto Rico. (s) Exercise the authority vested in the Secretary by sections 101, 118, 119, 120(b), 123 and 124 of the Federal-Aid Highway Amendments of 1974 (Pub. L. 93-643, January 4, 1975; 88 Stat. 2281). (t) Carry out the functions vested in the Secretary by 49 U.S.C. 1804(b) relating to consultation and cooperation with the Interstate Commerce Commission (ICC) concerning regulations governing the routing of hazardous materials by highway. (u) Carry out the functions vested in the Secretary by 49 U.S.C. 1808 (a), (b), and (c), 1809 and 1810 relating to investigations, records, inspections, penalties, and specific relief so far as they apply to the transportation or shipment of hazardous materials by highway, including the manufacture, fabrication, marking, maintenance, reconditioning, repair or test of containers which are represented, marked, certified, or sold for use in the bulk transportaton of hazardous materials by highway. (v) [Reserved] (w) Cary out the functions vested in the Secretary by section 30 of the Motor Carrier Act of 1980 (Pub. L. 96296, 94 Stat. 820), as amended by § 108(b)(5) of Pub. L. 96-510, 94 Stat. 2767; section 406 of Pub. L. 97-424, 96 Stat. 2158; and section 222 of Pub. L. 98-554, 98 Stat. 2846 (49 U.S.C. 10927 note). (x) Carry out the functions vested in the Secretary by sections 4(a) and (5)(c) of Executive Order 12316 of August 14, 1981 (46 FR 42237, August |