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 a 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 a 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 sys

tems;

(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,

the contract with the subsidy appliacant for the payment of the subsidy.

де

1

(2) Conducting hearings and making determinations antecedent to making, ing amending, and terminating subsidy contracts, under the provisions of ip titles V, VI, and VII, and sections 301 ed (except investigations, hearings, and determinations, including changes in determinations, with respect to minimum manning scales, minimum wage scales, and minimum working conditions), 708, 805(a), and 805(f) of the Merchant Marine Act, 1936, as amended (the "Act").

ts

(3) Approving the sale, assignment, or transfer of any operating subsidy contract under section 608 of the Act. (4) Performing so much of the functions with respect to adopting rules and regulations, subpoenaing witnesses, administering oaths, taking evidence, and requiring the production of books, papers, and documents, under sections 204 and 214 of the Act, as they relate to the functions of the Board.

(5) Performing as much of the functions specified in section 12 of the Shipping Act, 1916, as amended, as the same relate to the functions of the Board under paragraphs (k) (1) through (4) of this section.

[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975, as amended by Amdt. 1-120, 41 FR 42956, Sept. 29, 1976; Amdt. 1-125, 41 FR 53798, Dec. 9, 1976; Amdt. 1-157, 45 FR 83403, Dec. 18, 1980; Amdt. 1-164, 46 FR 47458, Sept. 28, 1981; Amdt. 1-211, 51 FR 29471, Aug. 18, 1986]

Subpart B-Office of the Secretary § 1.21 Purpose.

This subpart establishes the basic organizational structure, spheres of primary responsibility, and lines of authority in the Office of the Secretary. It also describes the relationships between the Office of the Secretary and the operating administrations, and provides for succession to the position of Secretary in case of need.

§ 1.22 Structure.

The structure of the Office of the Secretary, through the level of functional offices, is as follows:

(a) Secretary and Deputy Secretary. The Secretary and Deputy Secretary are assisted by the Executive Secretariat, the Contract Appeals Board, the Departmental Office of Civil Rights, the Office of Small and Disadvantaged Business Utilization and the Office of Commercial Space Transportation, all of which report to the Secretary. The Assistant Secretaries, the General Counsel, the Inspector General, and the Regional Representatives of the Secretary also report directly to the Secretary.

(b) Office of the Assistant Secretary for Policy and International Affairs. This Office is composed of the Offices of Transportation Regulatory Affairs; International Transportation and Trade; Economics; Aviation Operations; International Aviation Relations; and Essential Air Service.

(c) Office of the General Counsel. This Office is composed of the Offices of Legislation; Litigation; Regulation and Enforcement; Environmental, Civil Rights, and General Law; International Law; and the Board for Correction of Military Records.

(d) Office of the Assistant Secretary for Budget and Programs. This Office is composed of the Offices of Programs and Evaluation; and Budget.

(e) Office of the Assistant Secretary for Governmental Affairs. This Office is composed of the Offices of Congressional Affairs; and Intergovernmental and Consumer Affairs.

(f) Office of the Assistant Secretary for Administration. This Office is composed of the Offices of Personnel; Management Planning; Information Resource Management; Administrative Services and Property Management; Hearings; Acquisition and Grant Management; Security; and Financial Management.

(g) Office of the Assistant Secretary for Public Affairs. This Office is composed of the Offices of Public Information; and TV, Film, and Publications.

(h) Office of the Inspector General. The duties and responsibilities of the Office of Inspector General are carried out by the Assistant Inspector General for Auditing; the Assistant Inspector General for Investigations;

and the Assistant Inspector General for Policy, Planning, and Resources.

(1) Regional Representatives of the Secretary. These officials represent the Secretary in the field and constitute a principal point of contact for the exchange of information in regional interagency, and intergovernmental affairs.

[Amdt. 1-157, 45 FR 83403, Dec. 18, 1980, as amended by Amdt. 1-184, 48 FR 44078, Sept. 27, 1983; Amdt. 1-213, 51 FR 34218, Sept. 26, 1986; Amdt. 1-234, 55 FR 40662, Oct. 4, 1990]

§ 1.23 Spheres of primary responsibility.

(a) Secretary and Deputy Secretary. Overall planning, direction, and control of Departmental affairs including civil rights, contract appeals, small and disadvantaged business participation in Departmental programs, transportation research and technology, and commercial space transportation.

(b) Assistant Secretary for Policy and International Affairs. Public policy assessment and review; private sector evaluation; regulatory and legislative review; international policy and issues; economic regulation of the airline industry; and essential air service program.

(c) General Counsel. Legal services as the chief legal officer of the Department, legal advisor to the Secretary, the Office of the Secretary, and final authority within the Department on questions of law; professional supervision, including coordination and review, over the legal work of the legal offices of the Department; drafting of legislation and review of legal aspects of legislative matters; point of coordination for the Office of the Secretary and Department Regulations Council; advice on questions of international law; exercise of functions, powers, and duties as Judge Advocate General under the Uniform Code of Military Justice (chapter 47 of title 10, United States Code) with respect to the United States Coast Guard; advice and assistance with respect to uniform time matters; review and 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); promotion and coordination

of efficient use of Departmental legal resources; recommendation, in conjunction with the Assistant Secretary for Administration, of legal career development programs within the Department; review and final action on application for correction of military records of the United States Coast Guard.

(d) Assistant Secretary for Budget and Programs. Preparation, review and presentation of Department budget estimates; liaison with OMB and Congressional Budget and Appropriations Committees; Departmental financial plans, apportionments, reapportionments, reprogrammings, allotments; program and systems evaluation and analysis; program evaluation criteria; program resource plans; analysis and review of legislative proposals and one-time reports and studies required by the Congress; budgetary and selected administrative matters relating to the immediate Office of the Secretary.

(e) Assistant Secretary for Governmental Affairs. Coordination of legislative and non-legislative relationships; Congressional affairs; communications and coordination with Federal, State and local government, industry and labor, and with citizens and organizations representing consumers; and coordination on intermodal planning matters.

(f) Assistant Secretary for Administration. Organization; delegations of authority; personnel ceiling control; management studies; personnel management; acquisition and grant management (except for the responsibility listed for the Office of Small and Disadvantaged Business Utilization in this section); information resource management; financial management; property management; paperwork management; management information; security; computer support; telecommunications; and administrative support services for the Office of the Secretary and certain other components of the Department.

(g) Assistant Secretary for Public Affairs. Public information and Departmental relations with the news media, the general public, and selected special publics.

(h) Inspector General. Conduct, supervise, and coordinate audits and investigations, review existing and proposed legislation and make recommendations to the Secretary and Congress (Semi-annual reports) concerning their impact on the economy and efficiency of program administration, or the prevention and detection of fraud and abuse; recommend policies for and conduct, supervise, or coordinate other activities of the Department for the purpose of promoting economy and efficiency in program administration, or preventing and detecting fraud and abuse.

(i) [Reserved]

(j) Executive Secretary. Central facilitative staff for the Immediate Office of the Secretary and Secretarial Officers.

(k) Contract Appeals Board. Hearings and decisions on appeals from decisions of Departmental contracting officers and on claims for extraordinary relief under Public Law 85-804.

(1) Departmental Office of Civil Rights. DOT director of equal employment opportunity; Department-wide compliance officer; title VI (Civil Rights Act of 1964) coordinator; Department-wide compliance with related laws, Executive Orders, regulations, and policies, and formal complaints of discrimination.

(m) Regional Representatives of the Secretary. Interagency, intergovernmental, and Departmental coordination in the field; membership on Regional Councils and Field Coordination Groups.

(n) Office of Small and Disadvantaged Business Utilization. Responsible for the Department's implementation and execution of the functions and duties under sections 8 and 15 of the Small Business Act, as amended, (15 U.S.C. 637 and 644) and for other Departmental small and disadvantaged business policy direction.

(0) Office of Commercial Space Transportation. Focal point within the Federal government for private sector space launch contacts and licensing related to commercial expendable launch vehicle operations and for promotion and encouragement of commercial expendable launch vehicle industry.

[Amdt. 1-157, 45 FR 83403, Dec. 18, 1980, as amended by Amdt. 1-184, 48 FR 44078, Sept. 27, 1983; Amdt. 1-201, 50 FR 7782, Feb. 26, 1985; Amdt. 1-209, 51 FR 29232, Aug. 15, 1986; Amdt. 1-213, 51 FR 34219, Sept. 26, 1986; Amdt. 1-234, 55 FR 40662, Oct. 4, 1990]

§ 1.24 Authority.

(a) The Deputy Secretary may exercise the authority of the Secretary, except where specifically limited by law, order, regulation, or instructions of the Secretary.

or

(b) Acting in his or her own name and title, each Assistant Secretary, the Inspector General, or the General Counsel, within his or her sphere of responsibility, is authorized to identify and define the requirements for, and to recommend to the Secretary, new revised Departmental policies, plans, and proposals. Each of these officers is authorized to issue Departmental standards, criteria, systems and procedures that are consistent with applicable laws, Executive Orders, Government-wide regulations and policies established by the Secretary, and to inspect, review, and evaluate Departmental program performance and effectiveness and advise the Secretary regarding the adequacy thereof.

(c) Except for nondelegable statutory duties, including those which devolve as a result of succession to act as Secretary of Transportation, each Deputy Assistant Secretary, the Deputy Inspector General, and the Deputy General Counsel is authorized to act for and perform the duties of his or her principal in the absence or disability of the principal and as otherwise directed by the principal.

(d) Inspector General. The Inspector General shall report to and be under the general supervision of the Secretary and Deputy Secretary. In accordance with the statutory intent of the Inspector General Act to create an independent and objective unit, the Inspector General is authorized to make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the judgment of the Inspector General, necessary and desirable. 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]

§ 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

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]

§ 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

§ 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.

§ 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