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maintain a vital statistics and related transportation information data base;

(2) Exercising for the Secretary the multimodal hazardous materials (HM) program and prescribing and enforcing 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 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 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,

a

the contract with the subsidy appli- (a) Secretary and Deputy Secretary. cant for the payment of the subsidy. The Secretary and Deputy Secretary

(2) Conducting hearings and making are assisted by the Executive Secretardeterminations antecedent to making, iat, the Contract Appeals Board, the amending, and terminating subsidy Departmental Office of Civil Rights, contracts, under the provisions of the Office of Small and Disadvantaged titles V, VI, and VII, and sections 301 Business Utilization and the Office of (except investigations, hearings, and Commercial Space Transportation, all determinations, including changes in of which report to the Secretary. The determinations, with respect to mini- Assistant Secretaries, the General mum manning scales, minimum wage Counsel, the Inspector General, and scales, and minimum working condi- the Regional Representatives of the tions), 708, 805(a), and 805(f) of the Secretary also report directly to the Merchant Marine Act, 1936, as amend- Secretary. ed (the “Act").

(b) Office of the Assistant Secretary (3) Approving the sale, assignment, for Policy and International Affairs. or transfer of any operating subsidy This Office is composed of the Offices contract under section 608 of the Act. of Transportation Regulatory Affairs;

(4) Performing so much of the func- International Transportation and tions with respect to adopting rules Trade; Economics; Aviation Operand regulations, subpoenaing wit- ations; International Aviation Relanesses, administering oaths, taking evi- tions; and Essential Air Service. dence, and requiring the production of (c) Office of the General Counsel. books, papers, and documents, under

This Office is composed of the Offices sections 204 and 214 of the Act, as

of Legislation; Litigation; Regulation they relate to the functions of the

and Enforcement; Environmental, Board.

Civil Rights, and General Law; Inter(5) Performing as much of the func

national Law; and the Board for Cortions specified in section 12 of the rection of Military Records. Shipping Act, 1916, as amended, as the

(d) Office of the Assistant Secretary same relate to the functions of the

for Budget and Programs. This Office Board under paragraphs (k) (1)

is composed of the Offices of Prothrough (4) of this section.

grams and Evaluation; and Budget. [Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as (e) Office of the Assistant Secretary amended by Amdt. 1-120, 41 FR 42956, Sept. for Governmental Affairs. This Office 29, 1976; Amdt. 1-125, 41 FR 53798, Dec. 9, is composed of the Offices of Congres1976; Amdt. 1-157, 45 FR 83403, Dec. 18, sional Affairs; and Intergovernmental 1980; Amdt. 1-164, 46 FR 47458, Sept. 28,

and Consumer Affairs. 1981; Amdt. 1-211, 51 FR 29471, Aug. 18, 1986)

(f) Office of the Assistant Secretary for Administration. This Office is

composed of the Offices of Personnel; Subpart B-Office of the Secretary

Management Planning; Information 8 1.21 Purpose.

Resource Management; Administrative

Services and Property Management; This subpart establishes the basic Hearings; Acquisition and Grant Manorganizational structure, spheres of agement; Security; and Financial Manprimary responsibility, and lines of au

agement. thority in the Office of the Secretary. (g) Office of the Assistant Secretary It also describes the relationships be

for Public Affairs. This Office is comtween the Office of the Secretary and posed of the Offices of Public Inforthe operating administrations, and mation; and TV, Film, and Publicaprovides for succession to the position tions. of Secretary in case of need.

(h) Office of the Inspector General.

The duties and responsibilities of the 8 1.22 Structure.

Office of Inspector General are carThe structure of the Office of the ried out by the Assistant Inspector Secretary, through the level of func- General for Auditing; the Assistant Intional offices, is as follows:

spector General for Investigations; and the Assistant Inspector General of efficient use of Departmental legal for Policy, Planning, and Resources. resources; recommendation, in con

(i) Regional Representatives of the junction with the Assistant Secretary Secretary. These officials represent for Administration, of legal career dethe Secretary in the field and consti- velopment programs within the Detute a principal point of contact for partment; review and final action on the exchange of information in region application for correction of military al interagency, and intergovernmental records of the United States Coast affairs.

Guard. (Amdt. 1-157, 45 FR 83403, Dec. 18, 1980, as

(d) Assistant Secretary for Budget amended by Amdt. 1-184, 48 FR 44078, Sept. and Programs. Preparation, review 27, 1983; Amdt. 1-213, 51 FR 34218, Sept. 26, and presentation of Department 1986; Amdt. 1-234, 55 FR 40662, Oct. 4, budget estimates; liaison with OMB 1990)

and Congressional Budget and Appro§ 1.23 Spheres of primary responsibility.

priations Committees; Departmental

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 legislative review; international policy and

mental Affairs. Coordination of legisla

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. (c) General Counsel. Legal services

and local government, industry and

labor, and with citizens and organizaas the chief legal officer of the De

tions representing consumers; and copartment, legal advisor to the Secretary, the Office of the Secretary, and

ordination intermodal planning

matters. final authority within the Department on questions of law; professional su- (f) Assistant Secretary for Adminispervision, including coordination and tration. Organization; delegations of review, over the legal work of the legal authority; personnel ceiling control; offices of the Department; drafting of

management studies; personnel manlegislation and review of legal aspects

agement; acquisition and grant manof legislative matters; point of coordi- agement (except for the responsibility nation for the Office of the Secretary

listed for the Office of Small and Disand Department Regulations Council;

advantaged Business Utilization in advice on questions of international this section); information resource law; exercise of functions, powers, and

management; financial management; duties as Judge Advocate General property management; paperwork under the Uniform Code of Military management; management informaJustice (chapter 47 of title 10, United tion; security; computer support; teleStates Code) with respect to the communications; and administrative United States Coast Guard; advice and support services for the Office of the assistance with respect to uniform Secretary and certain other compotime matters; review and final action nents of the Department. on applications for reconsideration of (g) Assistant Secretary for Public Afinitial decisions not to disclose unclas- fairs. Public information and Departsified records of the Office of the Sec- mental relations with the news media, retary requested under 5 U.S.C. the general public, and selected special 552(a)(3); promotion and coordination publics.

on

(h) Inspector General. Conduct, su- (Amdt. 1-157, 45 FR 83403, Dec. 18, 1980, as pervise, and coordinate audits and in- amended by Amdt. 1-184, 48 FR 44078, Sept. vestigations, review existing and pro

27, 1983; Amdt. 1-201, 50 FR 7782, Feb. 26, posed legislation and make recommen

1985; Amdt. 1-209, 51 FR 29232, Aug. 15,

1986; Amdt. 1-213, 51 FR 34219, Sept. 26, dations to the Secretary and Congress

1986; Amdt. 1-234, 55 FR 40662, Oct. 4, (Semi-annual reports) concerning

1990] their impact on the economy and efficiency of program administration, or

8 1.24 Authority. the prevention and detection of fraud and abuse; recommend policies for and

(a) The Deputy Secretary may exerconduct, supervise, or coordinate other

cise the authority of the Secretary, activities of the Department for the

except where specifically limited by purpose of promoting economy and ef

law, order, regulation, or instructions ficiency in program administration, or

of the Secretary. preventing and detecting fraud and

(b) Acting in his or her own name abuse.

and title, each Assistant Secretary, the (i) (Reserved)

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 (k) Contract Appeals Board. Hear- or revised Departmental policies, ings and decisions on appeals from de- plans, and proposals. Each of these ofcisions of Departmental contracting

ficers is authorized to issue Departofficers and on claims for extraordi. mental standards, criteria, systems nary relief under Public Law 85-804. and procedures that are consistent (1) Departmental Office of Civil

with applicable laws, Executive Rights. DOT director of equal employ

Orders, Government-wide regulations ment opportunity; Department-wide and policies established by the Secrecompliance officer; title VI (Civil tary, and to inspect, review, and evaluRights Act of 1964) coordinator; De

ate Departmental program performpartment-wide compliance with relat- ance and effectiveness and advise the ed laws, Executive Orders, regulations, Secretary regarding the adequacy and policies, and formal complaints of

thereof. discrimination.

(c) Except for nondelegable statuto(m) Regional Representatives of the ry duties, including those which deSecretary. Interagency, intergovern- volve as a result of succession to act as mental, and Departmental coordina- Secretary of Transportation, each tion in the field; membership on Re- Deputy Assistant Secretary, the gional Councils and Field Coordina- Deputy Inspector General, and the tion Groups.

Deputy General Counsel is authorized (n) Office of Small and Disadvan- to act for and perform the duties of taged Business Utilization. Responsi- his or her principal in the absence or ble for the Department's implementa- disability of the principal and as othtion and execution of the functions erwise directed by the principal. and duties under sections 8 and 15 of (d) Inspector General. The Inspector the Small Business Act, as amended, General shall report to and be under (15 U.S.C. 637 and 644) and for other the general supervision of the SecreDepartmental small and disadvan- tary and Deputy Secretary. In accordtaged business policy direction.

ance with the statutory intent of the (0) Office of Commercial Space Inspector General Act to create an inTransportation. Focal point within dependent and objective unit, the Inthe Federal government for private spector General is authorized to make sector space launch contacts and li- such investigations and reports relatcensing related to commercial expend- ing to the administration of the proable launch vehicle operations and for grams and operations of the Departpromotion and encouragement of com- ment as are, in the judgment of the mercial expendable launch vehicle in- Inspector General, necessary and dedustry.

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)

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 by 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 function or its stage of development

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)

Subpart C-Delegations

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 of the Department of Transportation are governed by applicable laws, Exec

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