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OF TRANSPORTE

2. This delegation is limited to:

SOURCE: Amdt. 33, 45 FR 75666, Nov. 17, (a) The acquisition of land for which the 1980, unless otherwise noted. title evidence, prepared in compliance with these regulations, consists of a certificate of 83.1 Description. title, title insurance policy, or an owner's duplicate Torrens certificate of title.

The official seal of the Department of (b) The acquisition of lands valued at Transportation is described as follows: $100,000 or less, for which the title evidence A white abstract triskelion figure sigconsists of abstracts of title or other types of nifying motion appears within a cirtitle evidence prepared in compliance with

cular blue field. The figure is symmetsaid regulations.

rical. The three branches of the figure As stated in the above-mentioned Act, any Federal department or agency which has

curve outward in a counter-clockwise been delegated the responsibility to approve

direction, each tapering almost to a land titles under the Act may request the point at the edge of the field. SurAttorney General to render his opinion as to rounding the blue circle is a circular the validity of the title to any real property ring of letters. The upper half of the or interest therein, or may request the ad

ring shows the words “Department of vice or assistance of the Attorney General in

Transportation". The lower half of the connection with determinations as to the sufficiency of titles.

ring shows the words “United States of The Chief Counsels of the United States America". The letters may be shown in Coast Guard, Federal Aviation Administra- either black or medium gray. The offition, Federal Highway Administration, Fed- cial seal of the Department is modified eral Railroad Administration, National when embossed. It appears below in Highway Traffic Safety Administration,

black and white. Urban Mass Transportation Administration, the St. Lawrence Seaway Development Corporation, Maritime Administration, and Research and Special Programs Administration are hereby authorized to approve the sufficiency of the title to land being acquired by purchase or condemnation by the United States for the use of their respective organizations. This delegation is subject to the limitations imposed by the Assistant Attorney General, Land and Natural Resources Division, in his delegation to the Department of Transportation. Redelegation of this authority may only be made by the Chief Counsels to attorneys within their respective organizations.

If his organization does not have an attorney experienced and capable in the examination of title evidence, a Chief Counsel may, with the concurrence the General Counsel, request the Attorney General to (1) furnish an opinion as to the validity of a title to real property or interest therein, or (2) provide advice or assistance in connection with determining the sufficiency of the title.

83.3 Authority to affix seal. (49 CFR 1.45(a) and 1.53(a); 49 U.S.C. 322)

(a) The following officials of the De(Amdt. 1-113, 40 FR 43901, Sept. 24, 1975)

partment of Transportation are auEDITORIAL NOTE: For FEDERAL REGISTER CI

thorized to affix the official seal of the tations affecting the Appendix to part 1, see

Department of Transportation to ap the List of CFR Sections Affected in the propriate documents and other mateFinding Aids section of this volume.

rials of the Department, for all pur

poses, including those authorized by 28 PART 3-OFFICIAL SEAL

U.S.C. 1733(b): The General Counsel,

the Assistant Secretary for AdminisSec.

tration, the Commandant of the Coast 3.1 Description.

Guard, the Federal Aviation Adminis3.3 Authority to affix seal.

trator, the Federal Highway Adminis3.5 Use of the Seal.

trator, the Federal Railroad AdminisAUTHORITY: Sec. 9(k), 49 U.S.C. 1657(k).

trator, the Urban Mass Transportation

ARTMENT OF

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DEPART

UNITED

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STATES OF A

nent display in connection with the permitted use.

(f) Falsely making, forging, counterfeiting, mutilating, or altering the Seal, or knowingly using or possessing with fraudulent intent any altered Seal is punishable under section 506 of title 18, United States Code.

PART 5-RULEMAKING

PROCEDURES

Subpart A-General

Sec. 5.1 Applicability. 5.3 Initiation of rulemaking. 5.5 Participation by interested persons. 5.7 Regulatory docket.

Subpart B-Petitions for Rulemaking or

Exemptions 5.11 Filing of petitions. 5.13 Processing of petitions.

Subpart C-Procedures

Administrator, the National Highway Traffic Safety Administrator, the Maritime Administrator, the Research and Special Programs Administrator, the Inspector General, and the Chairman, Board of Contract Appeals.

(b) The officers named in paragraph (a) of this section may redelegate, and authorize redelegations of, this authority. (Amdt. 33, 45 FR 75666, Nov. 17, 1980, as amended by Amdt. 34, 46 FR 42272, Aug. 20, 1981) $ 3.5 Use of the Seal.

(a) The Seal is the official emblem of the Department of Transportation and its use is therefore permitted only as provided in this part.

(b) Use by any person or organization outside of the Department may be made only with the Department's prior written approval.

(c) Requests by any person or organization outside of the Department for permission to use the Seal must be made in writing to the Assistant Secretary for Administration, 400 Seventh St., SW., Washington, DC 20590, and must specify, in detail, the exact use to be made. Any permission granted applies only to the specific use for which it was granted and is not to be construed as permission for any other use.

(d) Use of the Seal shall be essentially for informational purposes. The Seal may not be used on any article or in any manner which may discredit the Seal or reflect unfavorably upon the Department or which implies Departmental endorsement of commercial products or services, or of the user's policies or activities. Specifically, permission may not be granted under this section for use:

(1) On souvenir or novelty items of an expendable nature;

(2) On toys, gifts, or premiums;
(3) As a letterhead design;

(4) On menus, matchbook covers, covers, calendars, or similar items;

(5) To adorn civilian clothing; or

(6) On athletic clothing or equip ment.

(e) Where necessary to avoid any prohibited implication or confusion as to the Department's association with the user, an appropriate legend will be prescribed by the Department for promi

5.21 General. 5.23 Contents of notices. 5.25 Petitions for extension of time to com

ment. 5.27 Consideration of comments received. 5.29 Additional rulemaking proceedings. 5.31 Hearings. 5.33 Adoption of final rules. APPENDIX A TO PART 5

AUTHORITY: Sec. 9, 80 Stat. 944 (49 U.S.C. 1657).

SOURCE: 32 FR 10363, July 14, 1967, unless otherwise noted.

Subpart A-General

$5.1 Applicability.

(a) This part prescribes general rulemaking procedures that apply to the issue, amendment, and repeal of rules of the Secretary of Transportation. It does not apply to rules issued by the National Transportation Safety Board, U.S. Coast Guard, Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, Urban Mass Transportation Administration, National Highway Traffic Safety Administration, or St. Lawrence Seaway Development Corporation.

(b) For the purposes of this part, Secretary means the Secretary of Trans

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Subpart B-Petitions for

Rulemaking or Exemptions 85.11 Filing of petitions.

(a) Any person may petition the Secretary to issue, amend, or repeal a rule, or for a permanent or temporary exemption from any rule.

(b) Each petition filed under this section must:

(1) Be submitted in duplicate to the Docket Clerk, Office of the General Counsel, Department of Transportation, Washington, DC 20590;

(2) Set forth the text or substance of the rule or amendment proposed, or of the rule from which the exemption is sought, or specify the rule that the petitioner seeks to have repealed, as the case may be;

(3) Explain the interest of the petitioner in the action requested including, in the case of a petition for an exemption, the nature and extent of the relief sought and a description of the persons to be covered by the exemp tion;

(4) Contain any information and arguments available to the petitioner to support the action sought; and

(5) In the case of a petition for exemption, unless good cause is shown in that petition, be submitted at least 60 days before the proposed effective date of the exemption. 85.13 Processing of petitions.

(a) General. Each petition received under $5.11 of this part is referred to the head of the office responsible for the subject matter of that petition. No public hearing, argument, or other proceeding is held directly on a petition before its disposition under this section. · (b) Grants. If the Secretary determines that the petition contains adequate justification, he initiates rulemaking action under subpart C of this part or grants the exemption, as the case may be.

(c) Denials. If the Secretary determines that the petition does not justify initiating rule-making action or granting the exemption, he denies the petition.

(d) Notification. Whenever the Secretary determines that petition should be granted or denied, the office

Any person may participate in rulemaking proceedings by submitting written information or views. The Secretary may also allow any person to participate in additional rulemaking proceedings, such as informal appearances or hearings, held with respect to any rule.

85.7 Regulatory docket.

(a) Records of the Office of the Secretary of Transportation concerning rulemaking actions, including notices of proposed rule making, comments received in response to those notices, petitions for rulemaking or exemption, petitions for rehearing or reconsideration, grants and denials of exemptions, denials of petitions for rule making, and final rules are maintained in current docket form in the Office of the General Counsel.

(b) Any person may examine any docketed material at that office and may obtain a copy of any docketed material upon payment of the prescribed fee.

a

concerned and the Office of the General Counsel prepare a notice of that grant or denial for issuance to the petitioner, and the Secretary issues it to the petitioner.

Subpart C-Procedures

mit comments in response to a notice of proposed rulemaking. The petition must be submitted in duplicate not later than 3 days before expiration of the time stated in the notice. The filing of the petition does not automatically extend the time for petitioner's comments.

(b) The Secretary grants the petition only if the petitioner shows a substantive interest in the proposed rule and good cause for the extension, and if the extension is in the public interest. If an extension is granted, it is granted as to all persons and is published in the FEDERAL REGISTER.

85.27 Consideration of comments re

ceived. All timely comments are considered before final action is taken on a rulemaking proposal. Late filed comments may be considered so far as possible without incurring additional expense or delay,

85.21 General.

(a) Unless the Secretary finds, for good cause, that notice is impractical, unnecessary, or contrary to the public interest, a notice of proposed rule making is issued and interested persons are invited to participate in the rulemaking proceedings with respect to each substantive rule.

(b) Unless the Secretary determines that notice and public rulemaking proceedings are necessary or desirable, interpretive rules, general statements of policy, and rules relating to organization, procedure, or practice are prescribed as final without notice or other public rulemaking proceedings.

(c) In his discretion, the Secretary may invite interested persons to participate in the rulemaking proceedings described in $5.29 of this subpart. 8 5.23 Contents of notices.

(a) Each notice of proposed rulemaking is published in the FEDERAL REGISTER, unless all persons subject to it are named and are personally served with a copy of it.

(b) Each notice, whether published in the FEDERAL REGISTER or personally served, includes:

(1) A statement of the time, place, and nature of the proposed rule-making proceeding;

(2) A reference to the authority under which it is issued;

(3) A description of the subjects or issues involved or the substance or terms of the proposed rule;

(4) A statement of the time within which written comments must be submitted and the required number of cop ies; and

(5) A statement of how and to what extent interested persons may participate in the proceeding.

85.29 Additional rulemaking proceed

ings. The Secretary may initiate any further rulemaking proceedings that he finds necessary or desirable. For example, he may invite interested persons to present oral arguments, participate in conferences, appear at informal hearings, or participate in any other proceeding.

$5.31 Hearings.

(a) Sections 556 and 557 of title 5, United States Code, do not apply to hearings held under this part. As a fact-finding proceeding, each hearing is nonadversary and there are no formal pleadings or adverse parties. Any rule issued in a case in which a hearing is held is not necessarily based exclusively on the record of the hearing.

(b) The Secretary designates a representative to conduct any hearing held under this part. The General Counsel designates a member of his staff to serve as legal officer at the hearing.

$5.25 Petitions for extension of time to

comment. (a) Any person may petition the Secretary for an extension of time to sub

85.33 Adoption of final rules.

Final rules are prepared by rep resentatives of the office concerned and the Office of the General Counsel. The rule is then submitted to the Secretary for his consideration. If the Secretary adopts the rule, it is published in the FEDERAL REGISTER, unless all persons subject to it are named and are personally served with a copy of it.

6.37 Judicial review. 6.39 Payment of award.

AUTHORITY: Pub. L. 96 481, 94 Stat. 2325.

SOURCE: 48 FR 1070, Jan. 10, 1983, unless otherwise noted.

APPENDIX A TO PART 5

Subpart A-General Provisions

Pursuant to $5.1(b), the following officials of the Office of the Secretary of Transportation are authorized to conduct rulemaking proceedings under this part, as specified in this appendix:

(1) The General Counsel is authorized to conduct all rule-making proceedings, except the issuance of final rules, under the Act of March 19, 1918, ch. 24, as amended (15 U.S.C. 261-264); the Uniform Time Act of 1966 (80 Stat. 107, 15 U.S.C. 260-267); and section 6(e)(5) of the Department of Transportation Act (80 Stat. 939, 49 U.S.C. 1655 (e)(5)).

(2) The General Counsel is authorized to 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, under section 2 of the Act of March 19, 1918, ch. 24, as amended (15 U.S.C. 262), to issue operating exceptions in any case in which he determines that it is impractical to apply the standard time. (Amdt. 5-1, 32 FR 11473, Aug. 9, 1967)

86.1 Purpose of these rules.

The Equal Access to Justice Act, 5 U.S.C. 504 (called “the Act" in this part), provides for the award of attorney fees and other expenses to eligible individuals and entities who are parties to certain administrative proceedings (called “adversary adjudications") before government agencies, such as the Department of Transportation or any of its operating administrations. An eligible party may receive an award when it prevails over the Department of Transportation or any of its operating administrations unless the agency's position in the proceeding was substantially justified or special circumstances make an award unjust. The rules in this part describe the parties eligible for awards and the proceedings that are covered. They also explain how to apply for awards, and the procedures and standards that this agency will use to make them. The use of the term "Department”, in this rule, will be understood to mean the Department of Transportation or any of its operating administrations, unless otherwise specified. The term "agency counsel" will be understood to mean counsel for the Department of Transportation or any of its operating administrations. 86.3 When the Act applies.

The Act applies to any adversary adjudication pending before this agency at any time between October 1, 1981, and September 30, 1984. This includes proceedings begun before October 1, 1981, if final agency action has not been taken before that date, and proceedings pending on September 30, 1984.

PART 6-IMPLEMENTATION OF

EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS

Subpart A-General Provisions

Sec. 6.1 Purpose of these rules. 6.3 When the Act applies. 6.5 Proceedings covered. 6.7 Eligibility of applications. 6.9 Standards for awards. 6.11 Allowable fees and expenses. 6.13 Delegations of authority.

Subpart B-Information Required from

Applicants 6.17 Contents of application. 6.19 Net worth exhibit. 6.21 Documentation of fees and expenses.

Subpart C-Procedures for Considering

Applications 6.23 Filing and service of documents. 6.25 Answer to application. 6.27 Comments by other parties. 6.29 Settlement. 6.31 Further proceedings. 6.33 Decision. 6.35 Agency review.

86.5 Proceedings covered.

(a) The Act applies to adversary adjudications conducted by the Department of Transportation. These are adjudications under 5 U.S.C. 554 in which the position of the Department is rep resented by an attorney or other rep

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