« AnteriorContinuar »
transfer of Federal technology to the marketplace.
(i) Carry out the functions vested in the Secretary by sections 4, 5, 6, 7, and 8 of the Sanitary Food Transportation Act of 1990 (Pub. L. 101-500; 104 Stat. 1213).
(j) Section 8 of the Independent Safety Board Act Amendments of 1990 (Pub. L. 101-641; 104 Stat. 4654 (49 app. U.S.C. 1804 note)). (Amdt. 1-130, 43 FR 5516, Feb. 9, 1978, as amended by Amdt. 1-136, 43 FR 17360, Apr. 24, 1978; Amdt. 1-137, 44 FR 2395, Jan. 11, 1979; Amdt. 1-153, 45 FR 14576, Mar. 6, 1980; Amdt. 1-158, 46 FR 10919, Feb. 5, 1981; Amdt. 1-166, 46 FR 63294, Dec. 31, 1981; Amdt. 1-196, 49 FR 31290, Aug. 6, 1984; Amdt. 1-199, 49 FR 50996, Dec. 31, 1984; Amdt 1-234, 55 FR 40662, Oct. 4, 1990; Amdt. 1-234, 55 FR 47165, Nov. 9, 1990; Amdt. 1-239, 56 FR 6811, Feb. 20, 1991; Amdt. 1-242, 56 FR 18526, Apr. 23, 1991; Amdt. 1-245, 56 FR 31346, July 10, 1991)
8 1.54 Delegations to all Secretarial Offi.
tation Systems Center. (1) Section 207 of Pub. L. 96-254 (49 U.S.C. 1657(r)), authorizing the Secretary to establish a working capital fund for financing the activities of the Transportation Systems Center.
(g) Aviation information. (1) 49 U.S.C. 329(b)(1), relating to collection and dissemination of information on civil aeronautics;
(2) Section 4(a)(7) of the Civil Aeronautics Board Sunset Act of 1984 (October 4, 1984; Pub. L. 98-443), relating to the extension of unsecured credit to political candidates; and
(3) Sections 204 (relating to taking such actions and issuing such regulations as may be necessary to carry out responsibilities under the Act), 404 (relating to enforcing the duty of carriers to provide safe and adequate service), 407 (a) and (d) (relating to requiring the keeping of information and the forms in which it is to be kept), and 416 (relating to establishing just and reasonable classifications of carriers and rules to be followed by each) of the Federal Aviation Act of 1958, as amended, (49 U.S.C. 1324, 1374, 1377 (a) and (d), and 1386) as appropriate to carrying out the responsibilities under this paragraph.
(h) Science and technology. (1) With respect to scientific and technological matters, serve as principal advisor to the Secretary and representative of the Department to the academic community, the private sector, professional organizations, and other Government agencies.
(2) Serve as principal liaison official for the Department of Transportation with the Office of Science and Technology Policy in the Executive Office of the President.
(3) Serve as Chairperson of the Department of Transportation's Research and Development Coordinating Council.
(4) Serve as Chairperson of the Department of Transportation Navigation Council.
(5) Serve as primary official responsible for coordination and oversight of the Department's implementation of section 2 of the Federal Technology Transfer Act of 1986, (Pub. L. No. 99502; 15 U.S.C. 3710a), relating to the
(a) This section sets forth general delegations to the Deputy Secretary, the Deputy Under Secretary, the General Counsel, the Inspector General and the Assistant Secretaries.
(b) Each officer named in paragraph (a) of this section is delegated authority to:
(1) Redelegate and authorize successive redelegations of authority granted by the Secretary within their respective organizations, except as limited by law or specific administrative reservation, including authority to publish those redelegations in appendix A of this part.
(2) Authorize and approve official travel (except foreign travel) and transportation for themselves, their subordinates, and others performing services for, or in cooperation with, the Office of the Secretary. This authority may be redelegated in accordance with regulations issued by the Assistant Secretary for Administration.
(3) Communicate directly with chairmen of Field Coordination Groups provided such communications largely informational in character and do not conflict with program responsibilities of the operating administrations.
354) with regard to any rulemaking document for which issuance authority is delegated by other sections in this part. This authority may be redelegated to those officials to whom document issuance authority has been delegated. (49 U.S.C. 1657(e)(1)) (Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-114, 41 FR 1288, Jan. 7, 1976; Amdt. 1-157, 45 FR 83408, Dec. 18, 1980; Amdt. 1-159, 46 FR 22593, Apr. 20, 1981)
(4) Establish ad hoc committees for specific tasks within their assigned staff area.
(5) Establish, modify, extend, or terminate standing committees within their specific areas of responsibility when directed or authorized to do so by the Secretary.
(6) Designate members of interagency committees when such committees are specifically concerned with responsibilities of direct interest to their office.
(7) Exercise the following authorities with respect to executive level positions (GS-16, 17, or 18 or equivalent) within their respective areas of responsibility:
(i) Determine ho executive evel positions will be filled; i.e., by reassignment, promotion, appointment.
(ii) Establish selection criteria to be used in identifying eligible candidates.
(iii) Confer with the Administrators on selection criteria and candidates for an executive level position that is a counterpart of an activity or position in the Office of the Secretary.
(iv) Recommend final selection for executive level positions, subject to review by the Executive Committee of the Departmental Executive Personnel Board and approval by the Secretary and the Civil Service Commission.
(v) Serve as ad hoc member of the Departmental Executive Personnel Board at the call of the Chairman and serve on the Board's Executive Committee whenever matters involving their respective offices or a functional counterpart thereof in ar operating administration are presented to the Executive Committee for its consideration.
(8) Enter into inter- and intra-departmental 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 or other comparable levels and to contracting officers.
(9) Administer and perform the functions described in their respective functional statements.
(10) Exercise the authority of the Secretary to make certifications, findings and determinations under the Regulatory Flexibility Act (Pub. L. 96
8 1.55 Delegations to Deputy Secretary.
The Deputy Secretary may exercise the authority of the Secretary except where specifically limited by law, order, regulations, or instructions of the Secretary. In addition, the Deputy Secretary is delegated authority to:
(a) Exercise executive control over the Departmental Planning-Programming-Budgeting System.
(b) Serve as Chairman of the Departmental Executive Personnel Board and its Executive Committee.
(c) Originate direct correspondence to chairmen of Field Coordination Groups on overall Departmental matters.
(d) Approve the establishment, modification, extension, or termination of:
(1) Department-wide (intra-department) committees affecting more than one program.
(2) OST-sponsored interagency committees.
(3) All advisory committees (including industry advisory Committees) except those sponsored by field activities of the operating administrations.
(e) Approve the designation of:
(1) Departmental representatives and the chairman for interagency committees sponsored by the Office of the Secretary.
(2) Departmental representatives on all advisory committees except those sponsored by a field component of one of the operating administrations or the Materials Transportation Bureau.
(3) Departmental members for international committees.
(f) Authorize and approve official travel and transportation for self, subordinates, and others performing serv
ices for or in cooperation with the Office of the Secretary; and authorize and approve official foreign travel of all Departmental personnel and others performing travel for the Department.
(g) Serve as the representative of the Secretary on the board of directors of the National Railroad Passenger Corporation and carry out the functions vested in the Secretary as a member of the board by section 303 of the Rail Passenger Service Act of 1970 (84 Stat. 1330).
(h) Serve as the representative of the Secretary as incorporator, member of the acting board of directors, member of the board of directors, and member of the executive committee of the board of directors, of the United States Railway Association and when so serving carry out the functions vested in the Secretary in each capacity by title II of the Regional Rail Reorganization Act of 1973 (Pub. L. 93– 236), as amended.
(i) Serve as the representative of the Secretary as incorporator, member of the interim board of directors established by section 301(c) of the Regional Rail Reorganization Act of 1973 (Pub. L. 93-236), and member of the board of directors, of the Consolidated Rail Corporation and when so serving carry out the functions vested in the Secretary in each capacity by title III of the Regional Rail Reorganization Act of 1973 (Pub. L. 93-236).
1653) and concur in determinations under section 4(f) for certain major project actions.
(c) Represent the Secretary of Transportation on various interagency boards, committees, and commissions, to include: Architectural and Transportation Barriers Compliance Board; Advisory Council on Historic Preservation; Migratory Bird Conservation Commission; National Highway Safety Advisory Committee; Interagency Committee on Emergency Medical Services; the Federal Council on the Arts and the Humanities; and the Trade Policy Review Group.
(d) Except with respect to proceedings under section 4(e) of the Department of Transportation Act (80 Stat. 934) relating to safety fitness of an applicant, decide on requests to intervene or appear before administrative agencies to present the views of the Department subject to concurrence by the General Counsel.
(e) Carry out the functions of the Secretary pertaining to aircraft with respect to Transportation Orders T-1 and T-2 (32A CFR, chapter VII) under the Act of September 8, 1950, as amended (64 Stat. 798, 50 U.S.C. App. 2061 et seq.) and Executive Order 10480.
(f) Serve as Department of Transportation member of the Interagency Group on International Aviation and, pursuant to Executive Order 11382, serve as Chair of the Group.
(g) Serve as second alternate representing the Secretary of Transportation to the Water Resources Council, as mandated under the Department of Transportation Act of 1966, Pub. L. 89-670 and to the Trade Policy Committee as mandated by Reorganization Plan 3 of 1979 and Executive Order 12188.
(h) Carry out the functions vested in the Secretary by section 656 of the Department of Energy Organization Act which pertains to planning and implementing energy conservation matters with the Department of Energy. Serves as the Department's principal conservation officer.
(i) As supplemented by 14 CFR part 385, as limited below, and except as provided in $$ 1.53(g), 1.57a, and 1.61(d) of this title, carry out the func
(Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-114, 41 FR 1288, Jan. 7, 1976; Amdt. 1-116, 41 FR 20680, May 20, 1976; Amdt. 1-126, 41 FR 56327, Dec. 28, 1976; Amdt. 1-157, 45 FR 83408, Dec. 18, 1980; Amdt. 1-165, 46 FR 55266, Nov. 9, 1981)
8 1.56 Delegations to Assistant Secretary
for Policy and International Affairs. The Assistant Secretary for Policy and International Affairs is delegated authority to:
(a) Establish policy and maintain oversight of implementation of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 43214327) within the Department of Transportation.
(b) Oversee the implementation of section 4(f) of the Department of Transportation Act of 1969 (49 U.S.C.
cations of carriers and rules to be fol. lowed by each) of the Federal Aviation Act of 1958, as amended, (49 U.S.C. 1301(3), 1324, 1374, 1377 (a) and (e), 1381, and 1386) as appropriate to the consumer protection functions in this paragraph.
(k) Carry out the functions vested in the Secretary of Transportation by 49 U.S.C. 1607c (section 314 of the “Surface Transportation and Uniform Relocation Assistance Act of 1987", Pub. L. 100-17, April 2, 1987), relating to the Transportation Centers Grant Program, with concurrence of the Deputy Secretary. (Amdt. 1-157, 45 FR 83408, Dec. 18, 1980, as amended by Amdt. 1-199, 49 FR 50996, Dec. 31, 1984; Amdt. 1-205, 50 FR 52468, Dec. 24, 1985; Amdt. 1-208, 51 FR 20831, June 9, 1986; Amdt. 1-213, 51 FR 34219, Sept. 26, 1986; Amdt. 1-219, 52 FR 30688, Aug. 17, 1987)
tions transferred to the Department from the Civil Aeronautics Board under the following statutes:
(1) 49 U.S.C. 1551(b); and
(2) Section 4(a) (1) through (4), (6), and (8) through (10) of the Civil Aeronautics Board Sunset Act of 1984 (Pub. L. 98-443; October 4, 1984). Insofar as this delegation authorizes review of decisions of the Designated Senior Career Official in the Office of the Assistant Secretary for Policy and International Affairs under $ 1.56a of this title, the authority is limited to approving any such decision or remanding it for reconsideration by the Designated Senior Career Official, with a full written explanation of the basis for the remand.
(j) Carry out the functions vested in the Secretary by:
(1) 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(e)(1), in coordination with the General Counsel and the Federal Aviation Administrator; and paragraph 1115(e)(3), in coordination with the General Co sel, the Federal Aviation Administrator, the Assistant Secretary for Governmental Affairs, and the Assistant Secretary for Administration.
(2) Carry out the following statutory provisions relating to consumer protection:
(i) Section 4(a)(5) of the Civil Aeronautics Board Sunset Act of 1984 (October 4, 1984; Pub. L. 98-443), relating to enforcement of the Consumer Credit Protection Act;
(ii) Sections 101(3) (relating to relieving certain carriers from provisions of the Federal Aviation Act), 204 (relating to taking such actions and issuing such regulations as may be necessary to carry out responsibilities under the Act), 404 (relating to enforcing the duty of carriers to provide safe and adequate service), 407(a) (relating to requiring the production of information, entering carrier property, and inspecting records), 411 (relating to determining whether any carrier or ticket agent is engaged in unfair or deceptive practices or unfair methods of competition), and 416 (relating to establishing just and reasonable classifi
$ 1.56a Delegations to the Designated
Senior Career Official, Office of the
International Affairs. The Designated Senior Career Official in the Office of the Assistant Secretary for Policy and International Affairs is delegated exclusive authority to make decisions in all hearing cases to select a carrier for limited-designation international route authority, and in any other case that the Secretary designates, under the authority transferred to the Department from the Civil Aeronautics Board described in $$ 1.56(i) and 1.61(d) of this title; this includes the authority to adopt, reject, or modify recommended decisions of adminstrative law judges. (Amdt. 1-199, 49 FR 50996, Dec. 31, 1984)
8 1.57 Delegations to General Counsel.
The General Counsel is delegated authority to:
(a) Conduct all rule-making proceedings, except the issuance of final rules, under specific laws relating generally to standard time zones and daylight saving (advanced standard) time.
(b) Determine the practicability of applying the standard time of any standard time zone to the movements of any common carrier engaged in interstate or foreign commerce and
issue operating exceptions in any case in which the General Counsel determines that it is impractical to apply the standard time.
(c) Provide and coordinate the Department's counseling service to employees on questions of conflict of interest and other matters of legal import covered by Departmental regulations on employee responsibility and conduct. Assure that counseling and interpretations on these matters are available to designated Deputy Counselors of the Department. Serve as the Department's designee to the Civil Service Commission on these matters.
(d) Serve as the alternate representative of the Secretary on the Board of Directors of the National Railroad Passenger Corporation when so designated by the Secretary or Deputy Secretary and carry out the functions vested in the Secretary as a member of the board by section 303 of the Rail Passenger Service Act of 1970 (84 Stat. 1330).
(e) Review and take final action on referrals of the findings of the Board for Correction of Military Records of the Coast Guard (except with respect to those matters on which the Secretary's authority to take final action is exercised by the Board pursuant to 33 CFR 52.35-15) and the Coast Guard Discharge Review Board.
(f) Approve vacation of suspension of dismissal of military personnel (10 U.S.C. 872(b)).
(g) Grant permission, under specific circumstances, to deviate from a policy or procedure prescribed by part 9 of the regulations of the Office of the Secretary (part 9 of this subtitle) with respect to testimony of OST employees as witnesses in legal proceedings, the serving of legal process and pleadings in legal proceedings involving the Secretary or his Office, and the production of records of that Office pursuant to subpoena.
(h) Prepare proposed Executive orders and proclamations (including transmittal documents), effect appropriate Departmental coordination, and determine whether the transmittal to the Office of Management and Budget should be submitted over the Secretary's signature or the General Counsel's.
(i) Emboss and affix the official Departmental seal to appropriate documents and other materials, for all purposes for which authentication by seal is required.
(j) Except with respect to proceedings under section 4(e) of the Department of Transportation Act (80 Stat. 934) relating to safety fitness of an applicant, decide on requests to intervene or appear before courts or agencies to present the views of the Department, subject to the concurrence of other interested staff elements in the Office of the Secretary.
(k) Exercise the authority delegated to the Department by the Assistant Attorney General, Land and Natural Resources Division, in his order of October 2, 1970, to approve the sufficiency of the title to land being acquired by purchase or condemnation by the United States for the use of the Department. Redelegation and successive redelegations of this authority may only be made to attorneys within the Department.
(1) Issue regulations making editorial changes or corrections in the Regulations of the Office of the Secretary.
(m) Review and take final action on applications for reconsideration of initial decisions not to disclose unclassified records of the Office of the Secretary requested under 5 U.S.C. 552(a)(3).
(n) Consider, ascertain, adjust, determine, compromise, and settle for an amount not exceeding $25,000, any tort claim arising from the activities of any employee of the Office of the Secretary. Request the approval of the Attorney General for any such award, compromise, or settlement in excess of $25,000 (28 U.S.C. 2672).
(0) Conduct coordination with foreign governments under section 118 of the Deep Seabed Hard Mineral Resources Act (June 21, 1980).
(p) Grant or deny petitions for extension of time to file a document under part 202 of title 46.
(r) Exercise the review authority delegated to the Secretary by the President in Executive Order 12597 of May 13, 1987.