Title 49, Code of Federal Regulations, Transportation—Continued [Parts 170-189 of Title 49, Code of Federal Regulations (Hazardous Materials Regulations), and Parts 390-397 (Motor Carrier Safety Regulations), may be pur- chased from Superintendent of Documents, Government Printing Office. Part 398 (Transportation of Migrant Workers Regulations) is available from the Fed- eral Highway Administration, Bureau of Motor Carrier Safety.] PART I. DEPARTMENT OF TRANSPORTATION ACT Title 49, United States Code, "Transportation" Chapter 23.-DEPARTMENT OF TRANSPORTATION [New] Sec. 1651. Congressional declaration of purpose. 1652. Establishment of Department. (a) Designation and appointment of Secretary of Transporta- (b) Under Secretary; appointment; functions, powers, and (d) Assistant Secretary for Administration; appointment; (e) Federal Highway Administration; Federal Railroad Administration; Federal Aviation Administration; establishment; Administrators and Deputy Federal Aviation Administrator; appointment, functions, powers, and duties; transfer of functions. (f) National Traffic Safety Bureau; National Highway Safety Bureau; establishment; appointment of Directors; transfer and continuation of office of Federal Highway Administrator under title of Director of Public Roads. 1653. General provisions. (a) Responsibilities of Secretary of Transportation; leadership, consultation, and coordination. (b) Congressional policy standards for transportation; prohibition against adoption of standards or policy without appropriate Congressional action. (c) Judicial review of orders of the Secretary, National Transportation Safety Board, and Administrators. (d) Carryover of authority to Secretary, Administrators, and National Transportation Safety Board from departments and agencies formerly exercising functions and duties. (e) Safety record of applicants seeking operating authority from Interstate Commerce Commission. (f) Maintenance and enhancement of natural beauty of land traversed by transportation lines. (g) Consultation with Secretary of Housing and Urban Development; annual report to the President for submission to Congress. 1654. National Transportation Safety Board. (a) Establishment. (b) Functions, powers, and duties of Board. (c) Aircraft accident investigations. (d) Transportation safety; investigation of transportation accidents; recommendations. (e) Publication of reports, orders, decisions, rules, and regulations. (f) Independent status of Board. (g) Annual report and recommendations to Congress. (h) Membership of Board; appointment and political affiliation of members; fitness; removal for inefficiency, neglect of duty, or malfeasance in office. Chapter 23.-DEPARTMENT OF TRANSPORTATION [New]-Con. 1654. National Transportation Safety Board-Continued (i) Term of office of members; filling of vacancies. (j) Designation of Chairman and Vice Chairman; administrative authority; three members required for quorum. (k) Rules and regulations. (1) Conduct of hearings; insurance of subpenas; oaths; witnesses; reception of evidence. (m) Delegation of functions. (n) Employment of investigators, attorneys, hearing examiners, and other employees. (0) Uses of services, equipment, personnel, and facilities of other agencies; use of state facilities. 1655. Transfer of functions. (a) Powers and duties of the Secretary of Commerce and other offices and officers of the Department of Commerce relating to highways, ground transportation generally, aircraft, pilotage, and traffic, and highway safety generally. (b) Coast Guard; functions of the Secretary of the Treasury and other offices and officers of the Department of the Treasury relating to the Coast Guard. (c) Federal Aviation Agency; functions, powers, and duties of Administrator and other offices and officers. (d) Civil Aeronautics Board; chairman, members, officers, and offices; transfer to National Transportation Safety Board. (e) Interstate Commerce Commission; functions, powers and duties relating 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. (f) Retention by Interstate Commerce Commission of powers and functions not expressly transferred railroad, pipeline, and motor carrier safety under Federal Railroad and Federal Highway Administrators; review of administrative decisions. (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. (h) Applicability of administrative procedure and judicial review provisions of Title 5. (i) Alaska Railroad. 1656. Transportation investment standards; promulgation by Secretary of Transportation; use of standards and criteria in surveys, plans, and reports of Federal agencies. 1657. Administrative provisions. (a) Authority of Secretary to employ personnel and prescribe their authority and duties. (b) Temporary or intermittent employment of experts and consultants. (c) Detailing of participating military personnel for service in Department of Transportation. (d) Military personnel assigned to Department of Transporta- (e) Delegation and redelegation of powers and functions. Chapter 23.-DEPARTMENT OF TRANSPORTATION [New]-Con. Sec. 1657. Administrative provisions-Continued (g) Determination of personnel and property transfers to Secretary of Transportation; transfer of property and funds of Civil Aeronautics Board to National Transportation Safety Board. (h) Prohibition against reduction in classification or compensation of transferees for one year. (i) Lapse of transferred offices and agencies; compensation of executive positions upon continuity of service. (j) Administrative services; establishment of capital fund; transactions involving the capital fund. (k) Seal of office. (7) Authority to provide facilities and services for personnel stationed in remote localities. (m) Authority to accept and hold gifts and bequests for purposes of aiding or facilitating the work of the Department. (n) Authority to fill requests for statistical compilations cover- (0) Advisory committees; appointment, compensation. 1658. Annual reports. 1659. Separability of provisions. § 1651. Congressional declaration of purpose. (a) The Congress hereby declares that the general welfare, the economic growth and stability of the Nation and its security require the development of national transportation policies and programs conducive to the provision of fast, safe, efficient, and convenient transportation at the lowest cost consistent therewith and with other national objectives, including the efficient utilization and conservation of the Nation's resources. (b) (1) The Congress therefore finds that the establishment of a Department of Transportation is necessary in the public interest and to assure the coordinated, effective administration of the transportation programs of the Federal Government; to facilitate the development and improvement of coordinated transportation service, to be provided by private enterprise to the maximum extent feasible; to encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested parties toward the achievement of national transportation objectives; to stimulate technological advances in transportation; to provide general leadership in the identification and solution of transportation problems; and to develop and recommend to the President and the Congress for approval national transportation policies and programs to accomplish these objectives with full and appropriate consideration of the needs of the public, users, carriers, industry, labor, and the national defense. (2) It is hereby declared to be the national policy that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. (Pub. L. 89-670, § 2, Oct. 15, 1966, 80 Stat. 931.) § 1652. Establishment of Department. (a) Designation and appointment of Secretary of Transportation. There is hereby established at the seat of government an executive department to be known as the Department of Transportation (hereafter referred to in this chapter as the "Department”). There shall be at the head of the Department a Secretary of Transportation (hereafter referred to in this chapter as the "Secretary"), who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Under Secretary; appointment; functions, powers, and duties. There shall be in the Department an Under Secretary, who shall be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary (or, during the absence or disability of the Under Secretary, or in the event of a vacancy in the office of Under Secretary, an Assistant Secretary or the General Counsel, determined according to such order as the Secretary shall prescribe) shall act for, and exercise the powers of the Secretary, during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary. The Under Secretary shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. (c) Assistant Secretaries; General Counsel; appointment; functions, powers, and duties. There shall be in the Department four Assistant Secretaries and a General Counsel, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. (d) Assistant Secretary for Administration; appointment; functions, powers, and duties. There shall be in the Department an Assistant Secretary for Administration, who shall be appointed, with the approval of the President, by the Secretary under the classified civil service who shall perform such functions, powers, and duties as the Secretary shall prescribe from time to time. (e) Federal Highway Administration; Federal Railroad Administration; Federal Aviation Administration; establishment; Administrators and Deputy Federal Aviation Administrator; appointment, functions, powers and duties; transfer of functions. (1) There is hereby established within the Department a Federal Highway Administration; a Federal Railroad Administration; and a Federal Aviation Administration. Each of these components shall be headed by an Administrator, and in the case of the Federal Aviation Administration there shall also be a Deputy Administrator. The Administrators and the Deputy Federal Aviation Administrator shall be appointed by the President, by and with the advice and consent of the Senate. (2) The qualifications of the Administrator of the Federal Aviation Agency specified in section 1341(b) of this title, and the qualifications and status of the Deputy Administrator specified in section 1342(b) of this title shall apply, respectively, to the Administrator and Deputy Administrator of the Federal Aviation Administration. However, nothing in this chapter shall be construed to preclude the appointment of the present Administrator of the Federal Aviation Agency as Administrator of the Federal Aviation Administration in accordance with the provisions of the Act of June 22, 1965, as amended (79 Stat. 171). (3) In addition to such functions, powers, and duties as are specified in this chapter to be carried out by the Administrators, the Administrators and the Commandant of the Coast Guard shall carry out such additional functions, powers, and duties as the Secretary may prescribe. The Administrators and the Commandant of the Coast Guard shall report directly to the Secretary. (4) The functions, powers, and duties specified in this chapter to be carried out by each Administrator shall not be transferred elsewhere in the Department unless specifically provided for by reorganization plan submitted pursuant to provisions of chapter 9 of Title 5 or by statute. (f) National Traffic Safety Bureau; National Highway Safety Bureau; establishment; appointment of Directors; transfer and continuation of office of Federal Highway Administrator under title of Director of Public Roads. (1) The Secretary shall carry out the provisions of the National Traffic and Motor Vehicle Safety Act of 1966 through a National Traffic Safety Bu |