subsequent appropriations for the Department (31 U.S.C. 581b).

(3) Transfer of the balance of an appropriation from one operating element to another within the Department (31 U.S.C. 581c).

(4) Submission to the Director of the Bureau of the Budget of requests for the transfer of the balance or portions of an appropriation from one element to another within the Department (31 U.S.C. 665).

(d) Interventions and appearances. Except with respect to proceedings relating to safety fitness of an applicant (49 U.S.C. 1653 (e)), the making of decisions on requests to intervene or appear before courts and administrative agencies to present the views of the Department.

(e) Personnel. (1) Recommendations to the Civil Service Commission of the allocation of a position to GS-16, 17, or 18 or an equivalent level (5 U.S.C. 5108).

(2) Recommendations to the Civil Service Commission of approval of the qualifications of any candidate for a position at grade GS-16, 17, or 18 or an equivalent level (5 U.S.C. 3324), or to an executive level position.

(3) Recommendations to the Civil Service Commission of a Lump-Sum Incentive Award in Excess of $5,000 (5 U.S.C. 4502).

(4) Approval of the following actions relating to Schedules A, B, and C and noncareer executive assignment positions or incumbents, except for actions under Schedules A and B limited to one year or less at grade GS-9 or lower, or an equivalent level:

(i) Establishment or abolishment of positions;

(ii) Hires;

(iii) Promotions other than quality and periodic within grade promotions;

(iv) Transfer of personnel to Schedule A, B, or C positions or noncareer executive assignment positions, either permanently or on detail, and

(v) Transfer of personnel from Schedule A, B, or C or noncareer executive assignment positions to career Civil Service positions.

(5) Approval of employment of experts or consultants.

(6) Authority relating to scientific and professional positions under section 6(a) (5) of the Department of Transportation Act (49 U.S.C. 1655(a) (5)).

(f) Security. (1) Termination of an individual from employment in a position in the Department for security reasons

under Executive Order No. 10450 (18 F.R. 2489).

(2) Authorizing the filling of a critically sensitive position for a limited period by a person on whom a preappointment full-field investigation has not been completed (Executive Order No. 10450).

(3) Requesting Presidential approval of a claim of executive privilege with respect to information requested by any congressional committee or Member of Congress.

(4) Making of determinations prescribed by sections 4(a) (2) (B), 4(b) (3), 5(b), and 9 of Executive Order No. 10865 (3 CFR Ch. IV, 50 U.S.C. 401 (1960)) relating to the adjudication and final denial of access to classified information to industry personnel.

(g) Procurement. Exercise of the extraordinary authority for defense contracts provided for in Public Law 85-804 (50 U.S.C. 1431-1435), and considerations and decisions on contract appeals and other matters pursuant to the Department of Transportation Contract Appeals Regulations (41 CFR Part 12-60).

(h) Printing. Requesting approval of the Joint Committee on Printing for any procurement or other action requiring Committee approval.

(i) Interagency agreements. Execution of any written interdepartmental or interagency agreement with the head of another executive department or agency.

(j) Withholding of funds. Withholding or suspension of Federal-Aid Highway funds on a statewide basis and the waiver or compromise of such withholding or suspension.

(k) Alaska Railroad. Extension or abandonment of railroad service.

(1) National Highway Safety Advisory Committee. Directing the National Highway Safety Advisory Committee to meet (23 U.S.C. 404(c)).

following

(m) Coast Guard. The powers relating to the Coast Guard: (1) Appointment of Advisory Committee to the Academy (14 U.S.C. 193).

(2) Fixing date for visit to Academy by Board of Visitors (14 U.S.C. 194(b)). (3) Establishment of promotion zone for selection of rear admirals (14 U.S.C. 256(b)).

(4) Removal of an officer from active duty when recommended by a board convened under section 323 of title 14, United States Code (14 U.S.C. 326).

(5) Responsibility for supervising activities of Reserve components (10 U.S.C. 264 (b)).

(6) Convening General Courts-Martial under the personal authority granted by law (10 U.S.C. 822(a) (2)).

(7) Approval of execution of a sentence dismissing a commissioned officer or cadet (10 U.S.C. 871(b)).

(8) Approval of vacation of a suspension of dismissal (10 U.S.C. 872(b)).

(9) Establishing procedures for the correction of military records (10 U.S.C. 1552(a)).

(10) Establishing a board of review to review discharge or dismissal of former Coast Guard members (10 U.S.C. 1553 (a)).

(11) Reviewing findings of board established under section 1553(a) (10 U.S.C. 1553(b)).

(12) Reviewing findings of boards established under section 1554(a) to forward requests of officers released or retired from active duty without pay for physical disability (10 U.S.C. 1554(b)). [Amdt. 1-31, 35 F.R. 4955, Mar. 21, 1970, as amended by Amdt. 1-39, 35 F.R. 17044, Nov. 5, 1970]

§ 1.45

Delegations to all Administrators.

(a) Except as otherwise prescribed by the Secretary of Transportation, each Administrator is authorized to

(1) Exercise the authority of the Secretary over and with respect to any personnel within their respective organizations.

(2) Exercise the authority of the Secretary as executive head of a department, under any statute, Executive order or regulation.

(3) Request the Attorney General to approve the award, compromise, or settlement of any tort claim for an amount exceeding $25,000 (28 U.S.C. 2672).

(4) Exercise the authority to:

(i) Originate information and assign security classifications thereto with further power to redelegate this authority with respect to information in the Secret and Confidential categories, and (ii) Approve the release of any information classified as national defense information pursuant to Executive Order No. 10501 (3 CFR Ch. IV, 50 U.S.C. 401 (1953)) to any person outside the executive branch, including but not limited to releases under the Industrial Security regulations in accordance with Executive Order No. 10865 (3 CFR Ch. IV, 50 U.S.C. 401 (1960)).

(5) Approve systems of administrative control to restrict obligations or expenditures to the amount of apportionments and to fix responsibility for the creation of any such obligation which exceeds available funds (31 U.S.C. 665).

(b) Except as otherwise specifically provided, each official to whom authority is granted by §§ 1.45 through 1.51 may redelegate and authorize successive redelegations of that authority within the organization under his jurisdiction.

§ 1.46 Delegations to Commandant of the Coast Guard.

The Commandant of the Coast Guard is delegated authority to

(a) Carry out the Great Lakes Pilotage Act of 1960, as amended, except the authority to enter into, revise, or amend arrangements with Canada (74 Stat. 259, 46 U.S.C. 216 et seq.).

(b) Carry out all the activities of the Coast Guard, including, but not limited to, law enforcement, safety of life and property at sea, aids to navigation, search and rescue, ice breaking, oceanographic research and military readiness functions (49 U.S.C. 1655 (b) (1)).

(c) Carry out the following laws relating generally to water vessel anchorages, drawbridge operating regulations, obstructive bridges, pollution of the sea by oil and the locations and clearances of bridges and causeways over the navigable waters of the United States:

(1) Section 7 of the Act of March 4, 1915, as amended (38 Stat. 1053, 33 U.S.C. 471);

(2) Article 11 of section 1 of the Act of June 7, 1897, as amended (30 Stat. 98, 33 U.S.C. 180);

(3) Rule 9 of section 1 of the Act of February 8, 1895, as amended (28 Stat. 647, 33 U.S.C. 258);

(4) Rule numbered 13 of section 4233 of the Revised Statutes, as amended (33 U.S.C. 322);

(5) Section 5 of the Act of August 18, 1894, as amended (28 Stat. 362, 33 U.S.C. 499);

(6) The Act of June 21, 1940, as amended (54 Stat. 497, 33 U.S.C. 511 et seq.);

(7) The Oil Pollution Act, 1961, as amended (75 Stat. 402, 33 U.S.C. 1001 et seq.);

(8) Section 9 of the Act of March 3, 1899, as amended (30 Stat. 1151, 33 U.S.C. 401);

(9) The Act of March 23, 1906, as amended (34 Stat. 84, 33 U.S.C. 491 et seq.); and

(10) The General Bridge Act of 1946, as amended (60 Stat. 847, 33 U.S.C. 525 et seq.) except sections 502(c) and 503.

(d) Carry out Reorganization Plan No. 1 of 1967, relating to ship mortgages.

(e) Request the Secretary of the Navy to build at naval shipyards Coast Guard vessels not normally or economically obtainable from private contractors (14 U.S.C. 145 (a) (1)).

(f) Administer Executive Order 11459 (34 F.R. 5057), relating to approval of containers for transport under Customs seal.

(g) Exchange information, through the Secretary of State, with foreign governments on matters dealing with the safety of life and property at sea, other than radio communications, but not including the submission of suggestions to the Secretary of State on international collaboration and conferences (14 U.S.C. 142).

(h) Exchange personnel, vessels, facilities, and equipment with the Secretary of the Navy to facilitate operational readiness for wartime service with the Navy, and agree to undertake such assignments and functions for each other as are necessary and advisable, except with respect to those exchanges and agreements which, in the Commandant's judgment, may have substantial political impact or adversely affect mission performance (14 U.S.C. 145 (c)).

(1) Approve retention of a rear admiral on active duty for a period not exceeding 1 year (14 U.S.C. 290 (b)).

(j) Settle and pay claims of not more than $5,000 against the United States through the Chief Counsel, U.S. Coast Guard (10 U.S.C. 2733).

(k) Award life-saving medals and military decorations (except the Medal of Honor, the Distinguished Service Medal, and the Legion of Merit) and carry out the laws and Executive orders relating to those awards (14 U.S.C. 492a, 493, 494, 496, 497, 498, 500, 501, 502; Executive Order No. 4601, Mar. 1, 1926, as amended by Executive Order No. 7786 (3 F.R. 49); Executive Order No. 9158 (7 F.R. 3541), as amended by Executive Order No. 9242A (7 F.R. 7874); Executive Order No. 10637 (20 F.R. 7025); Executive Order No. 11016 (27 F.R. 4139); Executive Order No. 11046 (27 F.R. 8575); Executive Order No. 11448 (34 F.R. 915)).

(1) Carry out sections 11(b) (5) and 13 of the Water Pollution Control Act of 1956, added by the Water Quality Improvement Act of 1970 (84 Stat. 92, 100), relating to the assessment of civil penalties for the discharge of oil into the navigable waters of the United States and the control of sewage from vessels, respectively.

(m) Carry out the responsibilities and exercise the authorities delegated to the Secretary of Transportation by sections 1 (b), (e), and (g), 2 (a) through (d), and 5 of Executive Order No. 11548 (35 F.R. 11677), relating to the administration of the Water Quality Improvement Act of 1970 (84 Stat. 91).

(n) Exercise the powers and perform the duties of the Secretary under 18 U.S.C. 831-835, as those powers and duties pertain to marine safety in the shipment of hazardous materials by water.

(0) Carry out the responsibilities and exercise the authority vested in the Secretary by the following statutes:

(1) Federal Boat Safety Act of 1971 (85 Stat. 213).

(2) Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat. 164).

(Sec. 7, E.O. 11548 (35 F.R. 11679); secs. 3(e), 9(e), Department of Transportation Act, 49 U.S.C. 1652(e), 1657(e)) [Amdt. 1-31, 35 F.R. 4955, Mar. 21, 1970, as amended by Amdt. 1-32, 35 F.R. 9858, June 16, 1970; Amdt. 1-36, 35 F.R. 14509, Sept. 16, 1970; Amdt. 1-50, 36 F.R. 15122, Aug. 13, 1971; Amdt. 1-51, 36 F.R. 19593, Oct. 8, 1971]

§ 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 section 6(c)(1) of the Department of Transportation Act (49 U.S.C. 1655 (c) (1)), including those pertaining to aviation safety set forth in sections 306, 307, 308, 309, 312, 313, 314, 1101, 1105, and 1111, and titles VI, VII, IX, 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. 1931 et seq.), relating to War Risk Insurance.

(c) Carry out the civil administration of Wake Island under the agreement between the Secretary of Interior and the Secretary of Transportation of August 26, 1967.

(d) Provide for guaranties of private loans for the purchase of aircraft, in

cluding consultation with the Civil Aeronautics Board under the Act of September 7, 1957, as amended (49 U.S.C. 1324 (note)), and the Department of Transportation Act (49 U.S.C. 1655(a)(3) (A) and (B)).

Orders

(e) Administer Executive 11419 and 11322 relating to prohibited aviation operations and the prohibited carriage of commodities and products to and from Southern Rhodesia.

(f) Provide certain facilities and services to FAA employees and their dependents at remote locations (49 U.S.C. 1659).

(g) Carry out the functions vested in the Secretary by

(1) The Airport and Airway Development Act of 1970, except for the following:

(1) Sections 3 and 4 (84 Stat. 219, 220); and

(ii) Sections 16 (c) (1) (A), (c) (3), (c) (4), (d), (e), and (f) (84 Stat. 226) with respect to any project as to which opposition is stated, whether expressly or by proposed revision, by any Federal, State, or local government agency, or by a substantial number of persons, other than one of those agencies; and

(2) Sections 208 and 209 of the Airport and Airway Revenue Act of 1970 (84 Stat. 250, 253).

(h) Issue notices of proposed rule making and regulations implementing section 4(f) of the Department of Transportation Act (49 U.S.C. 1653 (f)) for programs administered by the Federal Aviation Administration.

(i) [Reserved]

(j) Carry out the functions vested in the Secretary by part B of title II of the Clean Air Act, as amended (84 Stat. 1703).

(Sec. 3, Executive Order 11538, 35 F.R. 10645) [Amdt. 1-31, 35 F.R. 4955, Mar. 21, 1970, as amended by Amdt. 1-39, 35 F.R. 17044, Nov. 5, 1970; 35 F.R. 17722, Nov. 18, 1970; Amdt. 1-48, 36 F.R. 8733, May 12, 1971; Amdt. 1–52, 36 F.R. 20162, Oct. 16, 1971]

§ 1.48 Delegations to Federal Highway Administrator.

The Federal Highway Administrator is delegated authority to

(a) Investigate and report on the safety compliance records of applicants seeking operating authority, or approval of transactions involving transfer of operating authority, from the Interstate Commerce Commission, and to intervene and present evidence concerning applicants' fitness in Commission proceedings

under 49 U.S.C. 1653 (e), so far as it relates to motor carriers.

(b) Administer the following laws related generally to highways:

(1) Chapters 1 (except sec. 134(b) and 138), 2, 3, and 5 of title 23, United States Code, including the apportionment of funds for Federal-Aid Highways once Congress approves estimates submitted by the Secretary;

(2) The Federal-Aid Highway Act of 1970 (except sec. 118) (84 Stat. 1713); (3) The Federal-Aid Highway Act of 1968, as amended (82 Stat. 815);

(4) The Federal-Aid Highway Act of 1966, as amended (80 Stat. 766);

(5) The Federal-Aid Highway Act of 1962, as amended (76 Stat. 1145, 23 U.S.C. 307 note);

(6) The Federal-Aid Highway Act of 1954, as amended (68 Stat. 70);

(7) The Act of September 26, 1961, as amended (75 Stat. 670);

(8) The Highway Revenue Act of 1956, as amended (70 Stat. 387, 23 U.S.C. 120 note);

(9) The Highway Beautification Act of 1965, as amended (79 Stat. 1028, 23 U.S.C. 131 et seq. notes);

(10) The Alaska Omnibus Act, as amended (73 Stat. 141, 48 U.S.C. 21, note prec.);

(11) The Joint Resolution of August 28, 1965, as amended (79 Stat. 578, 23 U.S.C. 101 et seq., notes);

(12) Section 502(c) of the General Bridge Act of 1946, as amended (60 Stat. 847, 33 U.S.C. 525(c));

(13) The Act of April 27, 1962 (76 Stat. 59); and

(14) Reorganization Plan No. 7 of 1949 (63 Stat. 1070).

(c) Carry out the Act of February 23, 1905, as amended (33 Stat. 743, 49 U.S.C. 1201 et seq.), relating to medals for heroism, so far as its pertains to motor vehicles.

(d) Carry out sections 831-835 of title 18, United States Code, relating generally to explosives and other dangerous articles, so far as they pertain to motor carriers.

(e) Carry out section 226 of the Interstate Commerce Act, as amended (49 U.S.C. 325), relating generally to investigation of motor vehicle sizes, weights, and services of employees.

(f) Carry out sections 204(a) (1), (2), (3), (3a), and (5) of the Interstate Commerce Act, as amended (49 U.S.C. 304), relating generally to qualifications and maximum hours of service of employees

and safety of operation and equipment of motor carriers.

(g) Carry out sections 221(a), 221(c), and 224 of the Interstate Commerce Act, as amended (49 U.S.C. 321 et seq.), 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 private carriers of property by motor vehicle and carriers of migrant workers by motor vehicle other than contract carriers.

(h) Exercise the administrative powers under the Interstate Commerce Act with respect to powers and duties pertaining to motor carrier safety transferred to the Secretary from the Interstate Commerce Commission (49 U.S.C. 1655(f) (2) (B) (ii)).

(1) 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 Department's responsibilities relating generally to the Appalachian Regional Development Act of 1965, as amended (79 Stat. 5, 40 U.S.C. App. 1 et seq.).

(k) Carry out section 212(a) of the Interstate Commerce Act, as amended (49 Stat. 555, 49 U.S.C. 312(a)), relating generally to the suspension, change, or revocation of motor carrier certificates, permits, or licenses.

(1) Carry out the Act of September 21, 1966, Public Law 89-599, relating generally 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) (including chapter 4 of title 23, United States Code) 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 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.

[Amdt. 1-31, 35 F.R. 4955, Mar. 21, 1970, as amended by Amdt. 1-47, 36 F.R. 6570, Apr. 7, 1971]

§ 1.49 Delegations to Federal Railroad Administrator.

The Federal Railroad Administrator is delegated authority to

(a) Investigate and report on safety compliance records of applicants seeking railroad operating authority from the Interstate Commerce Commission, and to intervene and present evidence concerning applicants' fitness in Commission proceedings under 49 U.S.C. 1653 (e), relating to railroads and pipelines other than water and gas.

(b) Carry out the Act of September 30, 1965, as amended (79 Stat. 893, 49 U.S.C. 1631 et seq.), relating generally to high-speed ground transportation.

(c) Carry out the following laws relating generally to safety appliances and equipment on railroad engines and cars, and protection of employees and travelers:

(1) The Act of March 2, 1893, as amended (27 Stat. 531, 45 U.S.C. 1 et seq.);

(2) The Act of amended (32 Stat. seq.);

March 2, 1903, as 943, 45 U.S.C. 8 et

(3) The Act of April 14, 1910, as amended (36 Stat. 298, 45 U.S.C. 11 et seq.);

(4) The Act of May 30, 1908, as amended (35 Stat. 476, 45 U.S.C. 17 et seq.);

(5) The Act of February 17, 1911, as amended (36 Stat. 913, 45 U.S.C. 22 et seq.);

(6) The Act of March 4, 1915, as amended (38 Stat. 1192, 45 U.S.C. 30); (7) Reorganization Plan No. 3 of 1965 (79 Stat. 1320, 45 U.S.C. 22 note);

(8) Joint Resolution of June 30, 1906, as amended (34 Stat. 838, 45 U.S.C. 35); (9) The Act of May 27, 1908, as amended (35 Stat. 325, 45 U.S.C. 36 et seq.).