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ing safety regulations for the transportation of gases or hazardous liquids by pipeline;
(3) Developing, managing, and evaluating programs and research activities for the security of passengers and cargo in the transportation systems and for the prevention of unlawful or other acts adversely affecting the efficiency or integrity of the Nation's transportation systems and providing leadership in the development and improvement of coordinated domestic and international transportation services;
(4) Providing leadership on all technical, navigation and communication, and systems engineering activities;
(5) Providing a point of contact for the Department with the academic community to encourage transportation research;
(6) Overseeing the effective discharge of the Secretary's statutory and administrative transportation responsibilities in all emergencies affecting the national defense and in national or regional crises; and
(7) Managing a Transportation Safety Institute which designs and conducts training programs responsible to the requirements of Government and industry as expressed by the operating elements of the Department.
(j) The Maritime Administration. Is responsible for:
(1) Fostering the development and maintenance of an American merchant marine sufficient to meet the needs of the national security and of the domestic and foreign commerce of the United States;
(2) Awarding and administering construction-differential subsidy contracts and operating-differential subsidy contracts to aid the American merchant marine, and trade-in allowances for new ship construction;
(3) Entering into and administering agreements for capital contruction funds (excepting fishing vessels) and construction reserve funds;
(4) Providing insurance on construction loans and ship mortgages or guarantees on ship financing obtained from private sources for ship construction and reconstruction (excepting fishing vessels);
(5) Providing assistance to the shipping industry to generate increased trade and cargo shipments on U.S. flag ships;
(6) Promoting development of ports and intermodal transportation systems;
(7) Promoting development of the domestic waterborne commerce of the United States;
(8) Overseeing the administration of cargo preference statutes;
(9) Entering into and administering charters and general agency agreements for operation of Governmentowned merchant ships;
(10) Maintaining custody of, and preserving, ships in the National Defense Reserve Fleet;
(11) Selling surplus Governmentowned ships;
(12) Supervising design and construction of ships for Government account;
(13) Furnishing war risk insurance on privately-owned merchant ships;
(14) Administering the foreign transfer program regarding ships and other maritime properties;
(15) Training merchant marine officers;
(16) Conducting research and development to improve and promote the waterborne commerce of the United States; and
(17) Issuing rules and regulations with respect to the foregoing functions.
(k) The Maritime Subsidy Board (within the Maritime Administration). Is responsible for:
(1) Making, amending, and terminating subsidy contracts, which shall be deemed to include, in the case of construction differential subsidy: (i) The contract for the construction, reconstruction, or reconditioning of a vessel, and (ii) the contract for the sale of the vessel to the subsidy applicant or the contract to pay a construction-differential subsidy and the cost of the national defense features, and, in the case of operating-differential subsidy, the contract with the subsidy applicant for the payment of the subsidy.
(2) Conducting hearings and making determinations antecedent to making, amending, and terminating subsidy contracts, under the provisions of Titles V, VI, and VII, and sections 301 (except investigations, hearings, and determinations, including changes in determinations, with respect to minimum manning scales, minimum wage scales, and minimum working conditions), 708, 805(a), and 805(f) of the Merchant Marine Act, 1936, as amended (the “Act”).
(3) Approving the sale, assignment, or transfer of any operating subsidy contract under section 608 of the Act.
(4) Performing so much of the functions with respect to adopting rules and regulations, subpoenaing witnesses, administering oaths, taking evidence, and requiring the production of books, papers, and documents, under sections 204 and 214 of the Act, as they relate to the functions of the Board.
(5) Performing as much of the functions specified in section 12 of the Shipping Act, 1916, as amended, as the same relate to the functions of the Board under paragraphs (k) (1) through (4) of this section. (Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-120, 41 FR 42956, Sept. 29, 1976; Amdt. 1-125, 41 FR 53798, Dec. 9, 1976; Amdt. 1-157, 45 FR 83403, Dec. 18, 1980; Amdt. 1-164, 46 FR 47458, Sept. 28, 1981; Amdt. 1-211, 51 FR 29471, Aug. 18, 1986)
Business Utilization and the Office of Commercial Space Transportation, all of which report to the Secretary. The Assistant Secretaries, the General Counsel, the Inspector General, and the Regional Representatives of the Secretary also report directly to the Secretary.
(b) Office of the Assistant Secretary for Policy and International Affairs. This Office is composed of the Offices of Transportation Regulatory Affairs; International Transportation and Trade; Economics; Aviation Operations; International Aviation Relations; and Essential Air Service.
(c) Office of the General Counsel. This Office is composed of the Offices of Legislation; Litigation; Regulation and Enforcement; Environmental, Civil Rights, and General Law; International Law; and the Board for Correction of Military Records.
(d) Office of the Assistant Secretary for Budget and Programs. This Office is composed of the Offices of Programs and Evaluation; and Budget.
(e) Office of the Assistant Secretary for Governmental Affairs. This Office is composed of the Offices of Congressional Affairs; Intergovernmental and Consumer Affairs; and Technology and Planning Assistance.
(f) Office of the Assistant Secretary for Administration. This Office is composed of the Offices of Personnel; Management Planning; Information Resource Management; Administrative Services and Property Management; Hearings; Acquisition and Grant Management; Security; and Financial Man. agement.
(g) Office of the Assistant Secretary for Public Affairs. This Office is composed of the Offices of Public Information; and TV, Film, and Publications.
(h) Office of the Inspector General. The duties and responsibilities of the Office of Inspector General are carried out by the Assistant Inspector General for Auditing; the Assistant Inspector General for Investigations; and the Assistant Inspector General for Policy, Planning, and Resources.
(i) Regional Representatives of the Secretary. These officials represent the Secretary in the field and constitute a principal point of contact for
Subpart B-Office of the Secretary
& 1.21 Purpose.
This subpart establishes the basic organizational structure, spheres of primary responsibility, and lines of authority in the Office of the Secretary. It also describes the relationships between the Office of the Secretary and the operating administrations, and provides for succession to the position of Secretary in case of need.
$ 1.22 Structure.
The structure of the Office of the Secretary, through the level of functional offices, is as follows:
(a) Secretary and Deputy Secretary. The Secretary and Deputy Secretary are assisted by the Science and Technology Advisor, Executive Secretariat, the Contract Appeals Board, the Departmental Office of Civil Rights, the Office of Small and Disadvantaged
the exchange of information in region- records of the United States Coast al interagency, and intergovernmental Guard. affairs.
(d) Assistant Secretary for Budget (Amdt. 1-157, 45 FR 83403, Dec. 18, 1980, as
and Programs. Preparation, review amended by Amdt. 1-184, 48 FR 44078, Sept.
and presentation of Department 27, 1983; Amdt. 1-213, 51 FR 34218, Sept. 26, budget estimates; liaison with OMB 1986)
and Congressional Budget and Appro
priations Committees; Departmental 8 1.23 Spheres of primary responsibility. financial plans, apportionments, reap
(a) Secretary and Deputy Secretary. portionments, reprogrammings, allotOverall planning, direction, and con- ments; program and systems evaluatrol of Departmental affairs including tion and analysis; program evaluation civil rights, contract appeals, small criteria; program resource plans; analand disadvantaged business participa- ysis and review of legislative proposals tion in Departmental programs, trans- and one-time reports and studies reportation research and technology, quired by the Congress; budgetary and and commercial space transportation. selected administrative matters relat
(b) Assistant Secretary for Policy ing to the immediate Office of the and International Affairs. Public Secretary. policy assessment and review; private (e) Assistant Secretary for Governsector evaluation; regulatory and legis- mental Affairs. Coordination of legislalative review; international policy and tive and non-legislative relationships; issues; economic regulation of the air- Congressional affairs; communications line industry; and essential air service and coordination with Federal, State program.
and local government, industry and (c) General Counsel. Legal services labor, and with citizens and organizaas the chief legal officer of the De- tions representing consumers; sharing partment, legal advisor to the Secre- of related technology in developing tary, the Office of the Secretary, and and promoting DOT programs; and cofinal authority within the Department ordination and technical assistance on on questions of law; professional su- intermodal planning matters. pervision, including coordination and (f) Assistant Secretary for Adminisreview, over the legal work of the legal tration. Organization; delegations of offices of the Department; drafting of authority; personnel ceiling control; legislation and review of legal aspects management studies; personnel man. of legislative matters; point of coordi- agement; acquisition and grant man. nation for the Office of the Secretary agement (except for the responsibility and Department Regulations Council; listed for the Office of Small and Disadvice on questions of international advantaged Business Utilization in law; exercise of functions, powers, and this section); information duties as Judge Advocate General management; financial management; under the Uniform Code of Military property management; paperwork Justice (Chapter 47 of Title 10, United management; management informaStates Code) with respect to the tion; security; computer support; teleUnited States Coast Guard; advice and communications; and administrative assistance with respect to uniform support services for the Office of the time matters; review and final action Secretary and certain other compoon applications for reconsideration of nents of the Department. initial decisions not to disclose unclas- (g) Assistant Secretary for Public Af. sified records of the Office of the Sec- fairs. Public information and Departretary requested under 5 U.S.C. mental relations with the news media, 552(a)(3); promotion and coordination the general public, and selected special of efficient use of Departmental legal publics. resources; recommendation, in con- (h) Inspector General. Conduct, sujunction with the Assistant Secretary pervise, and coordinate audits and infor Administration, of legal career de- vestigations, review existing and provelopment programs within the De- posed legislation and make recommenpartment; review and final action on dations to the Secretary and Congress application for correction of military (Semi-annual reports) concerning
their impact on the economy and effi- mercial expendable launch vehicle inciency of program administration, or dustry. the prevention and detection of fraud
(Amdt. 1-157, 45 FR 83403, Dec. 18, 1980, as and abuse; recommend policies for and
amended by Amdt. 1-184, 48 FR 44078, Sept. conduct, supervise, or coordinate other
27, 1983; Amdt. 1-201, 50 FR 7782, Feb. 26, activities of the Department for the 1985; Amdt. 1-209, 51 FR 29232, Aug. 15, purpose of promoting economy and ef- 1986; Amdt. 1-213, 51 FR 34219, Sept. 26, ficiency in program administration, or
1986) preventing and detecting fraud and
8 1.24 Authority. abuse.
(i) Science and Technology Advisor. (a) The Deputy Secretary may exerPrincipal advisor to the Secretary and cise the authority of the Secretary, Deputy Secretary on scientific and except where specifically limited by technical matters; scientific and tech- law, order, regulation, or instructions nological representative of the Depart
of the Secretary. ment to the academic community, pri
(b) Acting in his or her own name vate sector, professional organizations,
and title, each Assistant Secretary, the an Government cies.
Inspector General, or the General (j) Executive Secretary. Central fa
Counsel, within his or her sphere of cilitative staff for the Immediate
responsibility, is authorized to identify Office of the Secretary and Secretarial
and define the requirements for, and Officers.
to recommend to the Secretary, new
revised Departmental policies, (k) Contract Appeals Board. Hearings and decisions on appeals from de
plans, and proposals. Each of these of
ficers is authorized to issue Departcisions of Departmental contracting officers and on claims for extraordi
mental standards, criteria, systems
and procedures that are consistent nary relief under Pub. L. 85-804.
with applicable laws, Executive (1) Departmental Office of Civil
Orders, Government-wide regulations Rights. DOT director of equal employ
and policies established by the Secrement opportunity; Department-wide
tary, and to inspect, review, and evalucompliance officer; Title VI (Civil
ate Departmental program performRights Act of 1964) coordinator; De
ance and effectiveness and advise the partment-wide compliance with relat
Secretary regarding the adequacy ed laws, Executive Orders, regulations,
thereof. and policies, and formal complaints of
(c) Except for nondelegable statutodiscrimination.
ry duties, including those which de(m) Regional Representatives of the volve as a result of succession to act as Secretary. Interagency, intergovern- Secretary of Transportation, each mental, and Departmental coordina
Deputy Assistant Secretary, the tion in the field; membership on Re- Deputy Inspector General, and the gional Councils and Field Coordina
Deputy General Counsel is authorized tion Groups.
to act for and perform the duties of (n) Office of Small and Disadvan
his or her principal in the absence or taged Business Utilization. Responsi- disability of the principal and as othble for the Department's implementa- erwise directed by the principal. tion and execution of the functions (d) Inspector General. The Inspector and duties under sections 8 and 15 of General shall report to and be under the Small Business Act, as amended, the general supervision of the Secre(15 U.S.C. 637 and 644) and for other tary and Deputy Secretary. In accordDepartmental small and disadvan- ance with the statutory intent of the taged business policy direction.
Inspector General Act to create an in(0) Office of Commercial Space dependent and objective unit, the InTransportation. Focal point within spector General is authorized to make the Federal government for private such investigations and reports relatsector space launch contacts and li- ing to the administration of the procensing related to commercial expend- grams and operations of the Departable launch vehicle operations and for ment as are, in the judgment of the promotion and encouragement of com- Inspector General, necessary and de
sirable. Neither the Secretary nor the Deputy Secretary shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation. (Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-157, 45 FR 83404, Dec. 18, 1980)
function or its stage of development makes it untimely to effect assignment to an operating administration. (Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-157, 45 FR 83405, Dec. 18, 1980)
8 1.25 Relationships.
(a) Normal staff role. Normally, the functions of the Assistant Secretaries are staff and advisory in nature. In performing their functions, the Assistant Secretaries are responsible for continuing liaison and coordination among themselves and with the operating administrations to:
(1) Avoid unnecessary duplication of effort by or in conflict with the performance of similar activities hy the operating administrations and the other Assistant Secretaries pursuant to their Secretarial delegations of authority; and
(2) Assure that the views of the operating administrations are considered in developing Departmental policies, plans, and proposals. The Assistant Secretaries are also available to assist, as appropriate, the operating administrations in implementing Departmental policy and programs. As primary staff advisors to the Secretary, the Assistant Secretaries are concerned with transportation matters of the broadest scope, including modal, intermodal, and other matters of Secretarial interest.
(b) Exceptions. There are exceptions to the normal staff role described in paragraph (a) of this section. In selected instances, the Secretary has specifically delegated to Assistant Secretaries authority which they may exercise on the Secretary's behalf. For example, the Secretary has delegated authority to the Assistant Secretary for Policy and International Affairs to decide on most requests to intervene or appear before administrative agencies, subject to the concurrence of the General Counsel. Also, from time to time, activities of an operational character may be delegated to an Assistant Secretary when the nature of the
8 1.26 Secretarial succession.
(a) The following officials, in the order indicated, shall act as Secretary of Transportation, in case of the absence or disability of the Secretary, until the absence or disability ceases, or, in case of a vacancy, until a successor is appointed:
(1) Deputy Secretary. (2) General Counsel.
(3) Assistant Secretary for Policy and International Affairs.
(4) Assistant Secretary for Governmental Affairs.
(5) Assistant Secretary for Budget and Programs.
(6) Assistant Secretary for Public Affairs.
(7) Assistant Secretary for Administration.
(8) Saint Lawrence Seaway Development Corporation Administrator.
(b) Without regard to the foregoing, a person directed to perform the duties of the Secretary pursuant to 5 U.S.C. 3347 shall act as Secretary of Transportation. [Amdt. 1-157, 45 FR 83405, Dec. 18, 1980, as amended by Amdt. 1-184, 48 FR 44079, Sept. 27, 1983)
8 1.41 Purpose.
(a) Except as provided in paragraph (b) of this section, this subpart provides for the exercise of the powers and performance of the duties vested in the Secretary of Transportation by law.
(b) For delegations of authority vested in the Secretary by Executive Order 11652 originally to classify documents as secret or confidential, see $ 8.11 of this subtitle.
8 1.42 Exercise of authority.
In exercising powers and performing duties delegated by this subpart or redelegated pursuant thereto, officials