ment and construction of a civil supersonic aircraft: Provided, however, That there are hereby transferred to the Federal Aviation Administrator, and it shall be his duty to exercise the functions, powers, and duties of the Secretary pertaining to aviation safety (other than those relating to the transportation, packaging, marking, or description of hazardous materials) as set forth in sections 306, 307, 308, 309, 312, 313, 314, 1101, 1105, and 1111, and titles VI, VII, IX, and XII of the Federal Aviation Act of 1958, as amended. In exercising these enumerated functions, powers, and duties, the Administrator shall be guided by the declaration of policy in section 103 of the Federal Aviation Act of 1958, as amended. Decisions of the Federal Aviation Administrator made pursuant to the exercise of the functions, powers, and duties enumerated in this subsection to be exercised by the Administrator shall be administratively final, and appeals as authorized by law or this chapter shall be taken directly to the National Transportation Safety Board or to the courts, as appropriate. 9a (2) Nothing in this chapter shall affect the power of the President under section 1343 (c) of this title to transfer, to the Department of Defense in the event of war, any functions transferred by this chapter from the Federal Aviation Agency. (d) Civil Aeronautics Board; chairman, members, officers, and offices; transfer to National Transportation Safety Board. There are hereby transferred to and vested in the Secretary all functions, powers, and duties of the Civil Aeronautics Board, and of the Chairman, members, officers, and offices thereof under titles VI and VII of the Federal Aviation Act of 1958, as amended: Provided, however, That these functions, powers, and duties are hereby transferred to and shall be exercised by the National Transportation Safety Board. Decisions of the National Transportation Safety Board made pursuant to the exercise of the functions, powers, and duties enumerated in this subsection shall be administratively final, and appeals as authorized by law or this chapter shall be taken directly to the courts. (e) Interstate Commerce Commission; functions, powers, and duties relat ing to safety appliances and equipment on railroad engines and cars, protection of employees and travelers, hours of service, medals for heroism, explosives and other dangerous articles, standard time zones and daylight saving time; safety of operation and equipment. There are hereby transferred to and vested in the Secretary all functions, powers, and duties of the Interstate Commerce Commission, and of the Chairman, members, officers, and offices thereof, under— (1) the following laws relating generally to safety appliances and equipent on railroad engines and cars, and protection of employees and travelers: (A) The Act of March 2, 1893, as amended. * Amended by Public Law 93-633, Title I, sec. 113(d), Jan. 3, 1975 (88 Stat. 2163). (B) The Act of March 2, 1903, as amended. (G) Reorganization Plan No. 3 of 1965. (H) Joint Resolution of June 30, 1906, as amended. (K) The Act of May 6, 1910, as amended. (2) the following law relating generally to hours of service of employees: The Act of March 4, 1907, as amended. (3) the following law relating generally to medals for heroism: The Act of February 23, 1905, as amended. (4) the following provisions of law relating generally to explosives and other dangerous articles: Sections 831-835 of Title 18. (5) the following laws relating generally to standard time zones and daylight saving time: (A) The Act of March 19, 1918, as amended. (B) The Act of March 4, 1921, as amended. (C) The Uniform Time Act of 1966, as amended. (6) the following provisions of the Interstate Commerce Act, as amended (A) relating generally to safety appliances methods and systems: Section 26 of this title. · (B) relating generally to investigation of motor vehicle sizes, weights, and service of employees: Section 325 of this title. (C) relating generally to qualifications and maximum hours of service of employees and safety of operation and equipment: Sections 304 (a) (1) and (2), of this title, to the extent that they relate to qualifications and maximum hours of service of employees and safety of operation and equipment; and sections 304 (a) (3), (3a), and (5) of this title. (D) to the extent they relate to private carriers of property by motor vehicle and carriers of migrant workers by motor vehicle other than contract carriers: Sections 321 (a), 321 (c), and 324 of this title. (f) Retention by Interstate Commerce Commission of powers and functions not expressly transferred; railroad and motor carrier safety under Federal Railroad and Federal Highway Administrators; review of administrative decisions. (1) Nothing in subsection (e) of this section shall diminish the functions, powers, and duties of the Interstate Commerce Commission under sections 1(6), 206, 207, 209, 210a, 212, and 216 of the Interstate Commerce Act, as amended (49 U.S.C. 1(6), 06 et seq.), or under any other section of that Act not specifically referred to in subsection (e) of this section. (2)(A) With respect to any function which is transferred to the Secretary by subsection (e) of this section and which was vested in the Interstate Commerce Commission preceding such transfer, the Secretary shall have the same administrative powers under the Interstate Commerce Act as the Commission had before such transfer with respect to such transferred function. After such transfer, the Commission may exercise its administrative powers under the Interstate Commerce Act only with respect to those of its functions not transferred by subsection (e) of this section. (B) For purposes of this paragraph (i) the term "function" includes power and duty, and (ii) the term "administrative powers under the Interstate Commerce Act" means any functions under the following provisions of the Interstate Commerce Act, as amended: Sections 12, 13(1), 13(2), 14, 16(12), the last sentence of 18(1), sections 20 (except clauses (3), (4), (11), and (12) thereof), 204 (a) (6) and (7), 204 (c), 204 (d), 205(d), 205(f), 220 (except subsection (c) and the proviso of subsection (a thereof), 222 (except subsections (b) (2) and (b) (3) thereof) and 417(b) (1) (49 U.S.C. 12 et seq., 304 et seq., and 1017). (3) (A) The Federal Railroad Administrator shall carry out the functions, powers, and duties of the Secretary pertaining to railroad safety as set forth in the statutes transferred to the Secretary by subsection (e) of this section (other than subsection (e) (4) of this section).10 (B) The Federal Highway Administrator shall carry out the functions, powers, and duties of the Secretary pertaining to motor carrier safety as set forth in the statutes transferred to the Secretary by subsection (e) of this section (other than subsection (e) (4) of this section).1 10a (C) Decisions of the Federal Railroad Administrator and the Federal Highway Administrator (i) which are made pursuant to the exercise of the functions, powers, and duties enumerated in subparagraphs (A) and (B) of this paragraph to be carried out by the Administrators, and (ii) which involves notice and hearing required by law, shall be administratively final, and appeals as authorized by law or this chapter shall be taken directly to the National Transportation Safety Board or the courts, as appropriate. (g) Department of the Army; functions, powers, and duties of the Secretary of the Army relating to water vessel anchorages, drawbridge operating regulations, obstructive bridges, tolls, prevention of pollution of the sea by oil, and location and clearance of bridges and causeways on navigable waters. There are hereby transferred to and vested in the Secretary all functions, 10 Amended by sec. 6 of Public Law 92-401, Aug. 22, 1972 (86 Stat. 617); and Public Law 93-633, Title I, sec. 113(e), Jan. 3, 1975 (88 Stat. 2163). 10 Amended by Public Law 93-633, Title I, sec. 113(e), Jan. 3, 1975 (88 Stat. 2163). powers, and duties of the Secretary of the Army and other officers and offices of the Department of the Army under (1) the following law and provisions of law relating generally to water vessel anchorages: (A) Section 7 of the Act of March 4, 1915, as amended. (B) Article 11 of section 1 of the Act of June 7, 1897, as amended. (C) Rule 9 of section 1 of the Act of February 8, 1895, as amended. (D) Rule numbered 13 of section 4233 of the Revised Statutes, as amended. (2) the following provision of law relating generally to drawbridge operating regulations: Section 5 of the Act of August 18, 1894, as amended. (3) the following law relating generally to obstructive bridges: The Act of June 21, 1940, as amended. (4) the following laws and provisions of law relating generally to the reasonableness of tolls: (A) Section 4 of the Act of March 23, 1906, as amended. (B) Section 503 of the General Bridge Act of 1946, as amended. (C) Section 17 of the Act of June 10, 1930, as amended. (D) The Act of June 27, 1930, as amended. (E) The Act of August 21, 1935, as amended. (5) the following law relating to prevention of pollution of the sea by oil: The Oil Pollution Act, 1961, as amended. (6) the following laws and provisions of law to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States: (A) Section 9 of the Act of March 3, 1899, as amended. (B) The Act of March 23, 1906, as amended. (C) The General Bridge Act of 1946, as amended. (h) Applicability of administrative procedure and judicial review provisions of Title 5. The provisions of subchapter II of chapter 5 and of chapter 7 of Title 5 shall be applicable to proceedings by the Department and any of the administrations or boards within the Department established by this chapter except that notwithstanding this or any other provision of this chapter, the transfer of functions, powers, and duties to the Secretary or any other officer in the Department shall not include functions vested by subchapter II of chapter 5 of Title 5 in administrative law judges employed by any department, agency, or component thereof whose functions are transferred under the provisions of this chapter.10b 10b Amended by Public Law 95-251, sec. 2(a) (12), Mar. 27, 1978 (92 Stat. 183). (i) Alaska Railroad. The administration of the Alaska Railroad, established pursuant to the Act of March 12, 1914, as amended, and all of the functions authorized to be carried out by the Secretary of the Interior pursuant to Executive Order Numbered 11107, April 25, 1963, relative to the operation of said Railroad, are hereby transferred to and vested in the Secretary of Transportation who shall exercise the same authority with respect thereto as is now exercised by the Secretary of the Interior pursuant to said Executive order. (Pub. L. 89-670, § 6, Oct. 15, 1966, 80 Stat. 937.) Sec. 1656. Transportation investment standards; promulgation by Secretary of Transportation; use of standards and criteria in surveys, plans, and reports of Federal agencies. (a) The Secretary, subject to the provisions of section 1653 of this title, shall develop and from time to time in the light of experience revise standards and criteria consistent with national transportation policies, for the formulation and economic evaluation of all proposals for the investment of Federal funds in transportation facilities or equipment, except such proposals as are concerned with (1) the acquisition of transportation facilities or equipment by Federal agencies in providing transportation services for their own use; (2) an inter-oceanic canal located outside the contiguous United States; (3) defense features included at the direction of the Department of Defense in the design and construction of civil air, sea, and land transportation; (4) programs of foreign assistance; (5) water resources projects; or (6) grant-in-aid programs authorized by law. The standards and criteria developed or revised pursuant to this subsection shall be promulgated by the Secretary upon their approval by the Congress. The standards and criteria for economic evaluation of water resource projects shall be developed by the Water Resources Council established by Public Law 89-80. For the purpose of such standards and criteria, the primary direct navigation benefits of a water resource project are defined as the product of the savings to shippers using the waterway and the estimated traffic that would use the waterway; where the savings to shippers shall be construed to mean the difference between (a) the freight rates or charges prevailing at the time of the study for the movement by the alternative means and (b) those which would be charged on the proposed waterway; and where the estimate of traffic that would use the waterways will be based on such freight rates, taking into account projections of the economic growth of the area. The Water Resources Council established under section 1962a of Title 42 is hereby expanded to include the Secretary of Transportation on matters pertaining to navigation features of water resource projects. (b) Every survey, plan, or report formulated by a Federal agency which includes a proposal as to which the Secretary has promulgated standards and criteria pursuant to subsection (a) of this section shall be (1) prepared in accord with such standards and criteria and upon the basis of information |