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(Amdt. 1-157, 45 FR 83405, Dec. 18, 1980, as amended by Amdt. 1-199, 49 FR 50996, Dec. 31, 1984)

utive orders and regulations and by policies, objectives, plans, standards, procedures, and limitations as may be issued from time to time by or on behalf of the Secretary, or, with respect to matters under their jurisdictions, by or on behalf of the Deputy Secretary, an Assistant Secretary, the Inspector General, the General Counsel, or an Administrator. This includes, wherever specified, the requirement for advance notice to, prior coordination with, or prior approval by an authority other than that of the official proposing to act. (Amdt. 1-114, 41 FR 1288, Jan. 7, 1976, as amended by Amdt. 1-157, 45 FR 83405, Dec. 18, 1980)

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8 1.43 General limitations and

tions. (a) All powers and duties that are not delegated by the Secretary in this subpart, or otherwise vested in officials other than the Secretary, are reserved to the Secretary. Except as otherwise provided, the Secretary may exercise powers and duties delegated or assigned to officials other than the Secretary.

(b) Except as provided in 1.42 and subject to paragraph (a) of this section and $ 1.44, the Deputy Secretary, the Assistant Secretaries, the Inspector General, the General Counsel, and the Administrators exercise the powers and perform the duties delegated to them under this subpart.

(c) Notwithstanding the provisions of paragraph (a), the delegation of authority in $ 1.56a of this title to the Designated Senior Career Official in the Office of the Assistant Secretary for Policy and International Affairs to make decisions in certain aviation hearing cases is exclusive, and may not be exercised by any other Departmental official, including the Secretary.' The Secretary reserves (and delegates to the Assistant Secretary for Policy and International Affairs) only the authority to make discretionary review of any such decision and to approve it or to remand it for reconsideration by the Designated Senior Career Official, with a full written explanation of the basis for the remand.

8 1.44 Reservation of authority.

The delegations of authority in $$ 1.45 through 1.53 and $$ 1.66 and § 1.67 do not extend to the following actions, authority for which is reserved to the Secretary or the Secretary's delegatee within the Office of the Secretary:

(a) General transportation matters. (1) Transportation leadership authority under section 4(a) of the Department of Transportation Act (49 U.S.C. 1653(a)).

(2) Functions relating to transportation activities, plans, and programs under section 4(g) of the Department of Transportation Act (49 U.S.C. 1653(g)).

(3) Authority to develop, prepare, coordinate, transmit, and revise transportation investment standards and criteria under section 7 of the Department of Transportation Act (49 U.S.C. 1656).

(4) Authority relating to standard time zones and advanced (daylight) time (15 U.S.C. 260 et seq.).

(5) Authority related to national transportation policy under section 3 of the Airport and Airway Development Act of 1970 (84 Stat. 219).

(b) Legislation and reports. (1) Submission to the President, the Director of the Office of Management and Budget, or the Congress of proposals or recommendations for legislation, Executive orders, proclamations or reorganization plans or other Presidential action.

(2) Submission to Congress or the President of any report or any proposed transportation policy or investment standards or criteria, except with the prior written approval of the Secretary.

(3) Submission of the annual statement or ems of internal accounting and administrative control under the Federal Managers' Financial Integrity Act of 1982 (Pub. L. 97-255).

(c) Budget and finance. (1) Approval and submission to the Office of Management and Budget of original or amended budget estimates or requests

for allocations of personnel ceiling (31 (5) Approval of employment of exU.S.C. 22-24).

perts or consultants. (2) Approval of requests for legisla- (6) Authority relating to scientific tion which, if enacted, would author- and professional positions under secize subsequent appropriations for the tion 6(a) (5) of the Department of Department (31 U.S.C. 581b).

Transportation Act (49 U.S.C. (3) Transfer of the balance of an ap- 1655(a)(5)). propriation from one operating ele- (7) Authority to determine the maximent to another within the Depart

mum limit of age for appointment of ment (31 U.S.C. 581c).

air traffic controllers as provided by 5 (4) Submission to the Director of the

U.S.C. 3307(b) (86 Stat. 141). Office of Management and Budget of

(8) Authority to develop, coordinate, requests for the transfer of the bal

and issue wage schedules under the ance or portions of an appropriation

Federal Wage system, except as delefrom one element to another within

gated to the Commandant of the the Department (31 U.S.C. 665).

Coast Guard at $ 1.46. (d) Interventions and appearances. Except with respect to proceedings re

(f) Security. (1) Suspension or re

moval of an employee from a position lating to safety fitness of an applicant

in the Department for security rea(49 U.S.C. 1653(e)), the making of deci

sons under Executive Order 10450 (3 sions on requests to intervene or

CFR, 1949-53 Comp., p. 936) or the appear before courts and administrative agencies to present the views of

employment in the Department of a the Department.

person who was previously separated

for security reasons from any Federal (e) Personnel. (1) Recommendations to the Civil Service Commission of the

agency. allocation of a position to GS-16, 17,

(2) Authorizing the filling of a critior 18 or an equivalent level (5 U.S.C.

cal-sensitive position for a limited 5108).

period by a person on whom a preap(2) Recommendations to the Civil

pointment full field investigation has Service Commission of approval of the

not been completed (Executive Order

10450). qualifications of any candidate for a position at grade GS-16, 17, or 18 or

(3) Requesting Presidential approval an equivalent level (5 U.S.C. 3324), or

of a claim of executive privilege with to an executive level position.

respect to information requested by a (3) Recommendations to the Civil congressional committee or Member of Service Commission of a Lump-Sum

Congress. Incentive Award in Excess of $5,000 (5 (4) Making determinations preU.S.C. 4502).

scribed by sections 4(a)(2)(B), 4(b)(3), (4) Approval of the following actions 5(b), and 9 of Executive Order 10865 (3 relating to Schedules A, B, and C and CFR, 1959-63 Comp., p. 398) relating noncareer executive gnment posi- to the adjudication and final denial of tions or incumbents, except for actions access to classified information to inunder Schedules A and B limited to dustry personnel. one year or less at grade GS-9 or (5) Making those determinations or lower, or an equivalent level:

delegations prescribed by sections 2(B) (i) Establishment or abolition of po- (3), 5(E) (1) and (2) of Executive Order sitions;

11652 (37 FR 5209, March 10, 1972) (ii) Hires;

which are reserved to the head of the (iii) Promotions other than quality Department. and periodic within-grade promotions; (g) Procurement. Exercise of the ex

(iv) Transfer of personnel to Sched- traordinary authority for defense conule A, B, or C positions or non-career tracts provided for in Public Law 85executive assignment positions, either 804 (50 U.S.C. 1431-1435), and considpermanently or on detail; and

erations and decisions on contract ap(v) Transfer of personnel from peals and other matters pursuant to Schedule A, B, or C or non-career ex- the Department of Transportation ecutive assignment positions to career Contract Appeals Regulations (41 Civil Service positions.

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 state-wide basis and the waiver or compromise of such withholding or suspension, except for the administration of 23 U.S.C. 141 and 154, which are specifically delegated in $ 1.48(b) (23) and (28) and in $ 1.50(i) (1) and (2).

(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)).

(m) Coast Guard. The following 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 U.S. 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 Discharge Review Board under 10 U.S.C. 1553 and reviewing and taking final action on its findings in the following cases:

(i) Those cases in which a minority of the Board requests that their written opinion be forwarded to the Secretary for consideration;

(ii) Those cases selected by the Commandant to inform the Secretary of aspects of the Board's functions which may be of interest to the Secretary;

(iii) Any case in which the Secretary demonstrates an interest; and

(iv) Any case which the president of the Board believes is of significant interest to the Secretary.

(11) (Reserved)

(12) Substitute administrative discharge for dismissal of an officer under 10 U.S.C. 804 (a) and (b).

(13) Designation of commanding officers and officers in charge who may convene general, special and summary courts-martial. (10 U.S.C. 822(a)(6), 823(a)(7), and 824(a)(4).

(14) In time of war certify cases to President to extend statute of limitations until after termination of hostilities. (10 U.S.C. 843(e)).

(15) Direct Judge Advocate General to establish branch office. (10 U.S.C. 868).

(16) Designate officers authorized to remit or suspend any part of amount of unexecuted part of any sentence. (10 U.S.C. 874(a)).

(17) Substitute administrative form of discharge for discharge or dismissal executed in accordance with sentence of court-martial (10 U.S.C. 874(b)).

(18) Substitute administrative discharge for previously executed sentence of dismissal when dismissal not imposed at

trial. (10 U.S.C. 875(c)).

(19) Designate persons to convene courts of inquiry. (10 U.S.C. 935(a)).

(n) Automatic data processing. Approval authority relating to automatic data processing equipment and services as delimited by DOT 1370.2A, Procurement of Automatic Data Processing Equipment and Services, of 7.22.70.

(0) Deepwater ports. The following powers and duties relating to the Deepwater Port Act of 1974 (33 U.S.C. 1501-1524):

(1) The authority to issue, transfer, amend or renew a license for the construction and operation of a deepwater port (33 U.S.C. 1503(b)).

(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)).

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(3) 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).

(4) Prescription of regulations for the submission of notice of the commencement of a civil suit (33 U.S.C. 1515(b)(2)).

(5) Intervention in any civil action to which the Secretary is not a party (33 U.S.C. 1515(c)).

(6) Authority to recover for damages to natural resources (33 U.S.C. 1517(i) (3)).

(7) Authority to request the Attorney General to seek the suspension or termination of a deepwater port license and to initiate a proceeding before the Interstate Commerce Commission (33 U.S.C. 1507, 1511).

(p) Offshore Oil Pollution Compensation Fund. The following powers and duties included in title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Pub. L. 95-372):

(1) The authority to appoint three member panels to hear and decide disputes pursuant to section 307(h).

(2) The authority to refer a disputed claim to a three member panel for decision in accordance with section 307(i)(1).

(q) Review and finality of actions by Maritime Subsidy Board. (1) Review of any decision, report, and/or order of the Maritime Subsidy Board, as described in 46 CFR part 202, as amended.

(r) Approval of cash purchases of passenger transportation. The authority under FPMR G-72, as amended, to authorize and approve cash purchases for emergency passenger transportation services costing more than $100. (Amdt. 1-113, 40 FR 43901, Sept. 24, 1975]

EDITORIAL NOTE: For FEDERAL REGISTER citations affecting $ 1.44, see the List of CFR Sections Affected in the Finding Aids section of this volume.

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) Carry out the functions vested in the Secretary concerning environmental enhancement by 49 U.S.C. 303.

(5) Carry out the emergency preparedness functions assigned to the Secretary by Executive Order 12656 and by the Federal Emergency Management Agency, General Services Administration (FEMA/GSA) as they pertain to his administration, including those relating to continuity of operations, emergency resource management, associated Federal claimant procedures, facilities protection and warfare effects monitoring and reporting, research, stockpiling, financial aid, and training.

(6) Enter into inter- and intradepartmental reimbursable agreements other than with the head of another department or agency (31 U.S.C. 686). This authority may be redelegated only to Office Directors, Regional Directors, District Commanders or other comparable levels and Contracting Officers.

(7) Determine the existence and amount of indebtedness and the method of collecting repayments from employees and members within their respective administrations and collect repayments accordingly, as provided by 5 U.S.C. 5514. Redelegation of this authority may be made only to the principal officials responsible for financial management or such officials' principal assistants.

(8) Waive claims and make refunds in connection with claims of the United States for erroneous overpayment of

pay and allowances in amounts aggregating not more than $500 without regard to any repayments, and deny requests for waiver of such claims regardless of the aggregate amount of the claim, as provided by 4 CFR, parts 91, 92, and 93. Redelegation of this authority may be made

8 1.45 Delegations to all Administrators.

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

(1) Exercise the authority of the Secretary over and with respect to any

only to the level of Regional Director authorize successive redelegations of or District Commander.

that authority within the organization (9) Settle and pay claims by employ- under that official's jurisdiction. ees for personal property losses as pro- (c) Except as provided in $$ 1.48 and vided by 31 U.S.C. 3721. This author- 1.59 and 49 CFR 25.302, the functions, ity may be redelegated only to Office powers, and duties of the Secretary of Directors, Regional Directors, District Transportation, with respect to the Commanders, or other comparable Uniform Relocation Assistance and levels and to those individuals that Real Property Acquisition Act of 1970, report to the above officials.

Public Law 91-646, 84 Stat. 1984, are (10) Exercise the authority of the delegated to: Secretary to accept or reject internal (1) The head of each of the followcomplaints of discrimination on the ing Operating Administrations with basis of race, color, religion, sex, na- respect to programs administered by tional origin, or age arising within or their respective organizations: relating to his or her organization.

(i) U.S. Coast Guard; (11) Review and approve for pay- (ii) Federal Aviation Administration; ment any voucher for $25 or less the (iii) Federal Highway Administraauthority for payment of which is tion; questioned by a certifying or disburs- (iv) Federal Railroad Administraing officer.

tion; (12) Authorize and approve official (v) Urban Mass Transportation Adnon-foreign travel and transportation ministration; for themselves, their subordinates, and (vi) National Highway Traffic Safety others performing services for, or in Administration; cooperation with, their operating ad- (vii) St. Lawrence Seaway Developministrations. Additionally, heads of ment Corporation; and operating administrations, through à (viii) Maritime Administration. redelegation from the Deputy Secre- (2) (Reserved) tary, may authorize and approve rou- (d) Each office to whom authority is tine operational foreign travel, as de- delegated

by

either $ 1.45(c) fined in DOT 1500.6A, Travel Manual, $ 1.59(p) may redelegate and authorize of 1-2-85. These authorities may be re- successive redelegations of that audelegated in accordance with regula- thority within the organization under tions issued by the Assistant Secretary the Administrators' or Assistant Secrefor Administration.

tary for Administration's jurisdiction. (13) Exercise the authority of the (e) Each office to whom authority is Secretary to make certifications, find- delegated by either $ 1.45(c) or ings and determinations under the $ 1.59(p) may prescribe additional proRegulatory Flexibility Act (Pub. L. 96- cedures, requirements and regulations 354) with regard to any rulemaking that are appropriate to the particular document for which issuance author- programs administered by the preparity is delegated by other sections in ing official's organization, provided: this part. This authority may be re- (1) Any such additional guidance is delegated to those officials to whom not inconsistent with the Act, 49 CFR document issuance authority has been part 25 or subpart C of this manual; delegated.

(2) Any such additional guidance is (14) Carry out the functions vested

approved prior to issuance by the Fedin the Secretary by section 2 of the eral government's designated lead Federal Technology Transfer Act of agency, the Federal Highway Adminis1986, (Pub. L. No. 99-502; 15 U.S.C. tration (see $ 1.48(cc)), in coordination 3710a), which authorizes agencies to with the Assistant Secretary for Policy permit their laboratories to enter into and International Affairs. cooperative research and development

(Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as agreements.

amended by Amdt. 79-12, 44 FR 40641, July (b) Except as otherwise specifically

12, 1979; Amdt. 1-157, 45 FR 83405, Dec. 18, provided, each official to whom au

1980; Amdt. 1-159, 46 FR 22593, Apr. 20, thority is granted by $$ 1.45 through 1981; Amdt. 1-202, 50 FR 9036, Mar. 6, 1985; 1.53, 1.66, and 1.68 may redelegate and Amdt. 1-210, 51 FR 29233, Aug. 15, 1986;

or

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