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(1) The authority to process applications for the issuance, transfer, or amendment of a license for the conStruction and Operation of a deepwater port (33 U.S.C. 1503(bb)) in coordination with the Commandant of the Coast Guard. (2) Approval of fees charged by adjacent coastal States for use of a deepwater port and directly related landbased facilities (33 U.S.C. 1504(h)(2)). (3) In collaboration with the Assistant Secretary for Aviation and International Affairs and the Assistant Secretary for Transportation Policy, 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) 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. 15150). (6) Authority to request the Attorney General to seek the Suspension or termination of a deepwater port license and to initiate a proceeding before the Surface Transportation Board (33 U.S.C. 1507, 1511(a)).

[Amdt. 1–164, 46 F.R. 47459, Sept. 28, 1981]

EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting $1.66, see the List of CFR Sections Affected in the Finding Aids section of this volume.

§ 1.67 Delegations to Maritime Subsidy Board.

(a) The Maritime Subsidy Board is delegated authority to:

(1) Carry out all functions previously vested in the Secretary of Commerce pursuant to section 105(1) (except the last proviso thereto and readjustments in determinations of operating cost differentials not requiring a hearing and contractual changes reducing or realigning service requirements not involving additional subsidy or requiring a section 605(c) hearing under the Act (46 App. U.S.C. 1175(c)), section 105(2), and, insofar as applicable to these functions, section 105(3) of Reorganization Plan No. 21 of 1950, and section 202(b)(1) of Reorganization Plan No. 7 of 1961,

except investigations, hearings and determinations, including changes in determinations, with respect to minimum manning Scales, minimum wage Scales, and minimum working conditions referred to in section 301(a) of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1101 et seq.). (2) Carry out all functions previously vested in the Secretary of Commerce pursuant to Section 103(e) of Reorganization Plan No. 7 of 1961 and section 202(b)(2) (except requiring the filing of reports, a CCOuntS, records, rates, Charges, and memoranda under section 21 of the Shipping Act, 1916, as amended, and making reports and recOmmendations to Congress) and section 202(b)(3) of Reorganization Plan No. 7 of 1961, insofar as Said functions relate to the functions described in paragraph (a)(1) of this section. (3) Execute and sign, by and through any member of the Board or the Secretary or an ASSistant Secretary Of the Board, contracts and other documents authorized Or approved by the Board pursuant to paragraphs (a)(1) and (a)(2) Of this section. The execution of Such contracts or documents may be attested, under the seal of the Department of Transportation, by the Secretary or an Assistant Secretary of the Maritime Subsidy Board. (b) The Maritime Subsidy Board may exercise other authorities of the Secretary of Transportation as applicable to performing the functions assigned to the Board in this part. (c) The Board is composed of the Maritime Administrator, the Deputy Maritime Administrator, and the Chief Counsel of the Administration, and during a vacancy in any one of those offices, the person acting in Such capacity shall be a member of the Board, unless the Secretary of Transportation designates another person. In Case there still is a vacancy in the Board or in the absence or disability of One of its members, the Secretary of the Maritime Administration and Maritime Subsidy Board, or any other persons designated by the Secretary of Transportation, shall act as a member or members of the Board. Each member of

the Board, while serving in that capacity, shall act pursuant to direct authority from the Secretary of Transportation and exercise judgment independent of authority otherwise delegated to the Maritime Administrator. The Maritime Administrator Or the Acting Maritime Administrator serves as Chairperson of the Board. The Concurring votes of two members shall be Sufficient for the disposition of any matter which may come before the Board. (d) The Chairperson of the Maritime Subsidy Board may make use of Officers and employees of the Maritime Administration to perform activities for the Board. Employees of the Maritime Administration may be designated as the Secretary Or ASSistant Secretaries of the Board.

[Amdt. 1–164, 46 F.R. 47460, Sept. 28, 1981, as anended by Amdt. 1–211, 51 FR 29471, Aug. 18, 1986; Amdt. 1–247, 56 FR 59893, Nov. 26, 1991]

§ 1.68 [Reserved]

§ 1.69 Delegations to the Director of Intelligence and Security.

The Director of Intelligence and SeCurity is delegated authority to:

(a) Carry Out the functions assigned to the Secretary by the Aviation Security Improvement Act of 1990, Section 101 (Pub. L. 101–508; November 16, 1990) relating to intelligence and Security matters for all modes of transportation.

(b) [Reserved]

[Amdt. 1–237, 56 FR 5958, Feb 14, 1991]

§ 1.70 Delegations to the Director of the Departmental Office of Civil Rights.

The Director of the Departmental Office of Civil Rights is delegated authority to conduct all Stages of the formal internal discrimination complaint process (including the acceptance or rejection of Complaints); to provide policy guidance to the Operating administrations and Secretarial officers concerning the implementation and enforcement of all civil rights laws, regulations and executive orders for which the Department is responsible; to otherwise perform activities to ensure compliance with external civil rights programs; and to review and evaluate

the operating administrations’ enforcement of these authorities. These authorities include: (a) Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e et Seq. (b) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq. (c) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794 and 794a. (d) Section 501 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791. (e) Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. 621 et seq. (f) Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101. (g) Americans with Disabilities Act of 1990, Pub. L. No. 101–336, 104 Stat. 327 (1990) (codified at 42 U.S.C. 12101– 121213). (h) Equal Pay Act of 1963 (enacted as Section 6(d) of the Fair Labor Standards Act of 1938, 29 U.S.C. 206(d)). (i) Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act, 42 U.S.C. 2900 d(b). (j) 29 CFR Parts 1600 through 1691 (Equal Employment Opportunity Commission Regulations). (k) Department of Transportation Coast Guard Military Justice Manual, CG-488, Part 700–9 (Civil Rights Complaints). (1) Title VIII of the Civil Rights Act of 1968, as amended, 42 U.S.C. 3601 et seq. (fair housing provisions). (m) The Federal Property and Administrative Services Act of 1949, 40 D.S.C. 476. (n) Title IX of the Education Amendments Act of 1972, 20 U.S.C. 1681. (o) Executive Order No. 12898, Federal Actions TO Address Environmental Justice in Minority Populations and Low-Income Populations. (In coordination with the Assistant Secretary for Transportation Policy.) (p) 49 U.S.C. 47113, 47107, and 47123 (formerly sections 505(f), 511(a)(17), and 520 of the Airport and Airway Improvement Act of 1982, as amended). (q) 49 U.S.C. 41705 (formerly the Air Carrier Access Act of 1986, as amended). (r) The Federal-Aid Highway Act, as amended, 23 U.S.C. 140 and 324. (S) 49 U.S.C. 306.

(t) 49 U.S.C. 5310, 5332 (formerly sections 16 and 19 of the Federal Transit Act, as amended).

(u) The Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. 102–240, 105 Stat. 1919, section 1003.

(v) The Highway Safety Act of 1966, as amended, 23 U.S.C. 402(b)(1)(D).

[Amdt. 265, 60 FR 2891, Jan. 12, 1995]

§ 1.71 Delegations to the Director of the Bureau of Transportation Statistics.

The Director of the Bureau of Transportation Statistics is delegated authority to exercise powers and perform duties under the following Statutes:

(a) 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 reporting of the extension of unsecured credit to political candidates (section 401, Federal Election Campaign Act of 1971; 2 U.S.C. 451), in conjunction with the General Counsel and the Assistant Secretary for Aviation and International Affairs; and

(3) 49 U.S.C. 40113 (relating to taking Such actions and issuing such regulations as may be necessary to carry out responsibilities under the Act), 49 U.S.C. 41702 (relating to the duty of Carriers to provide Safe and adequate service), 49 U.S.C. 41708 and 41709 (relating to the requirement to keep information and the forms in which it is to be kept), and 49 U.S.C. 41701 (relating to establishing just and reasonable classifications of carriers and rules to be followed by each) as appropriate to carry out the responsibilities under this paragraph in conjunction with the General Counsel and the Assistant Secretary for Aviation and International Affairs.

(b) Motor carrier information. 49 U.S.C. 14123, relating to the collection and disSemination of information on motor Carriers.

[Amdt. 1–270, 60 FR 30196, June 8, 1995, as amended by Amdt. 282, 61 FR 68163, Dec. 27, 1996]

§ 1.72 Delegations to the Office of the Chief Information Officer.

(a) Carry Out all functions and reSponsibilities assigned to the Secretary with respect to the Paperwork Reduction Act of 1995 (44 U.S.C. 3506);

(b) Carry Out all functions and reSponsibilities assigned to the Secretary with respect to the Clinger–Cohen Act of 1996 (40 U.S.C. 1422 to 1424, 1427);

(C) Carry Out all functions and reSponsibilities assigned to the Secretary with respect to the Computer Security Act of 1987 (40 U.S.C. 759, 759 notes);

(d) Approve waivers to Federal Information Processing Standards (FIPS) under Section 5131 of the Clinger–Cohen Act of 1996 (40 U.S.C. 1441); and

(e) Carry out all the functions and reSponsibilities a SSigned to the Secretary with respect to Executive Order 13011, Federal Information Technology, Section 2, paragraphs (a), (b), (d), (e), and (f).

[Amdt. 1–290, 62 FR 51804, Oct. 3, 1997]

APPENDIX A TO PART 1–DELEGATIONS AND REDELEGATIONS BY SECRETARLAL OFFICERS

1. Director of Budget. The ASSistant Secretary for Budget and Programs has redelegated to the Director of Budget authority to: (a) Request apportionment, and reapportionment of funds by the Office of Management and Budget, provided that no request for apportionment or reapportionment which anticipates the need for a Supplemental appropriation shall be submitted to the Office of Management, and Budget, without appropriate certification by the Secretary. (b) Issue allotments or allocations of funds to components of the Department. 2. Chief Counsel, U.S. Coast Guard. (a) The General Counsel, as Judge Advocate General for the U.S. Coast Guard, has delegated to the Chief Counsel, U.S. Coast Guard, pursuant to the Uniform Code of Military Justice, chapter 47 of title 10, United States Code, authority to exercise the following powers and duties: (1) The authority to recommend assignment for duty of judge advocates under Article 6(a), section 806(a) of title 10, United States Code. (2) The authority to make field inspections in connection with the administration of military justice under Article 6(a) Section 806(a) of Title 10, United States Code. (3) The authority to designate military judges; to make assignments of, and exercise direct responsibility for, military judges; and to assign, or approve the performance of, other duties of a judicial or nonjudicial nature by military judges under Article 26(C), Section 826(c) of title 10, United States Code. (4) The authority to forward to a Court of Military Review records that must be referred to a Court of Military Review under Article 66(b), section 866(b) of title 10, United States Code. (5) The authority to instruct the convening authority to take action in accordance with the decision of the Court of Military Review or dismiss the charges under Article 66(e), Section 866(e) of title 10, United States Code. (6) The authority to modify or vacate findings and sentences in cases not reviewed by a Court of Military Review under Article 69, Section 869 of title 10, United States Code. (7) The authority to certify counsel as competent to perform the duties of trial counsel and defense counsel of a general court-martial under 10 U.S.C. 827(b), Art. 27(b) UCMJ. (8) The authority to detail appellate Government counsel and appellate defense counSel to perform duties in connection with the review of court-martial cases by the Court of Military Review, the Court of Military Appeals and the Supreme Court. (9) The authority to perform any other duty and exercise any other power which the General Counsel is authorized or required to perform under the Uniform Code of Military Justice or the Manual for Courts-Martial, with the exception of the following which are reserved to the General Counsel or his or her delegatee within the Office of the General Counsel: (i) Authority to certify Commissioned offiCerS as qualified for duty as military judges under Article 26(b), Section 826(b) of title 10, United States Code. (ii) Authority to establish a Court of Military Review and designate a chief judge of the Court under Article 66(a), Section 866(a) of title 10, United States Code. (iii) Authority to order cases Sent to the Court of Military Appeals under Article 67(b)(2), Section 867(b)(2) of title 10, United States Code. (iv) Authority to examine records of general Courts-martial not reviewed under Article 66, Section 866 of title 10, United States Code, and modify or set aside the findings or the Sentence, or refer the record to the Court of Military Review under Article 69(a), Section 869(a) of title 10, United States Code. (v) Authority to prescribe rules not inconSistent with the Manual for Courts-Martial to govern the professional Supervision and discipline of military trial and appellate judges, judge advocates, and other lawyers who practice in proceedings governed by the UCMJ and Manual for Courts-Martial. (vi) Authority to make the recommendation of the Judge Advocate General in a court-martial case requiring approval by the Secretary or the President.

(vii) Authority to approve a vacation of Supension of dismissal of military personnel. (b) The authority delegated by paragraph (a)(3) of this section may be redelegated only to the Deputy Chief Counsel. (c) The Chief Counsel shall make an annual Summary report of his actions taken under paragraph (a)(6) of this section of this delegation to the General Counsel of the Department of Transportation (including the number of Cases Subject to that authority, the number of applications for review filed, and the disposition thereof) for inclusion, as appropriate, in the Judge Advocates General and Court of Military Appeals report to Congress required by Article 67(g), section 867(g) of title 10, United States Code. 3. Chief Counsels. The General Counsel has delegated to the Chief Counsels the authority delegated to the General Counsel by Amendment 1–41 to part 1 of title 49, Code of Federal Regulations, 35 F.R. 17653, November 17, 1970, as follows: Section 855 of the Revised Statutes, as amended by Public Law 91–393, 84 Stat. 835 (40 U.S.C. 255) authorizes the Attorney General to delegate to other departments and agencies his authority to give written approval of the sufficiency to the title to land being acquired by the United States. The Attorney General has delegated to the Assistant Attorney General in charge of the Land and Natural Resources Division the authority to make delegations under that law to Other Federal departments and agencies (35 FR 16084; 28 CFR 0.66). The Assistant Attorney General, Land and Natural Resources Division, has further delegated certain responSibilities in connection with the approval of the Sufficiency of the title to land to the Department Of TranSportation as follows:

DELEGATION TO THE DEPARTMENT OF TRANSPORTATION FOR THE APPROVAL OF THE TITLE TO LANDS BEING ACQUIRED FOR FEDERAL PUBLIC PURPOSES

Pursuant to the provision of Public Law 91—393, approved September 1, 1970, 84 Stat. 835, anending R.S. 355 (40 U.S.C. 255), and acting under the provisions of Order No. 440– 70 of the Attorney General, dated October 2, 1970, the responsibility for the approval of the Sufficiency of the title to land for the purpose for which the property is being acquired by purchase or condemnation by the United States for the use of your Department is, Subject to the general Supervision of the Attorney General and to the following conditions, hereby delegated to your DepartInent. This delegation of authority is further subject to: 1. Compliance with the regulations issued by the Assistant Attorney General on October 2, 1970, a copy of which is enclosed. 2. This delegation is limited to:

(a) The acquisition of land for which the title evidence, prepared in compliance with these regulations, consists of a certificate of title, title insurance policy, or an Owner’s duplicate Torrens certificate of title. (b) The acquisition of lands valued at $100,000 or less, for which the title evidence consists of abstracts of title or other types of title evidence prepared in compliance with said regulations. As Stated in the above-mentioned Act, any Federal department or agency which has been delegated the responsibility to approve land titles under the Act may request the Attorney General to render his opinion as to the validity of the title to any real property or interest therein, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles. The Chief Counsels of the United States Coast Guard, Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, National Highway Traffic Safety Administration, 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 or— ganizationS. If his organization does not have an attorney experienced and capable in the examination of title evidence, a Chief Counsel may, with the concurrence of 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.

(49 CFR 1.45(a) and 1.53(a); 49 U.S.C. 322) [Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]

EDITORIAL NOTE: For FEDERAL REGISTER Citations affecting appendix A to part 1, See the List of CFR Sections Affected in the Finding Aids section of this volume.

PART 3–OFFICIAL SEAL

AUTHORITY:49 U.S.C. 102(e).

SOURCE: Amdt. 3–3, 45 F.R. 75666, Nov. 17, 1980, unless otherwise noted.

$3.1 Description.

The official seal of the Department of Transportation is described as follows: A white abstract triskelion figure Signifying motion appears within a circular blue field. The figure is symmetrical. The three branches of the figure curve outward in a counter-clockwise direction, each tapering almost to a point at the edge of the field. Surrounding the blue circle is a circular ring of letters. The upper half of the ring shows the words “Department of Transportation”. The lower half of the ring shows the words “United States of America”. The letters may be shown in either black or medium gray. The Official seal of the Department is modified when embossed. It appears below in black and white.

PART 5–RULEMAKING PROCEDURES

Subport 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 Rulemoking or Exemptions

5.11 Filing of petitions. 5.13 Processing of petitions.

Subport C–Procedures

5.21 General. 5.23 Contents of notices.

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