June 30, 1970; Amdt. 1-69, 38 FR 9082, Apr. 10, 1973; Amdt. 1-86, 39 FR 7425, Feb. 26, 1974]

§ 1.54 Delegations to Deputy Under Sec

retary.

The Deputy Under Secretary is delegated authority to

(a) Act for the Secretary and the Under Secretary in respect to the internal affairs of the immediate Office of the Secretary and represent the Secretary and Under Secretary in matters assigned by them.

over

(b) Exercise day-to-day operating management responsibility the Office of Planning and Program Review and the Office of Budget.

(c) Direct and manage the Departmental Planning-Programing-Budgeting System.

(d) Request apportionment or 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.

(e) Issue allotments or allocations of funds to components of the Department and to redelegate this authority to the Director of Budget.

(f) Authorize and approve official travel and transportation for himself and staff members of the immediate Office of the Secretary, including authority to sign and approve related travel orders and travel vouchers but not including requests for overseas travel.

[Amdt. 1-31, 35 FR. 4955, Mar. 21, 1970, as amended by Amdt. 1-75, 38 FR 21413, Aug. 8, 1973]

§ 1.55

Delegations to Assistant Secretary for Policy and International Affairs. The Assistant Secretary for Policy and International Affairs is delegated authority to

(a) Except with respect to proceedings under section 4(e) of the Department of Transportation Act (80 Stat. 934) relating to safety fitness of an applicant, decide on requests to intervene or appear before administrative agencies to present the views of the Department subject to concurrence by the General Counsel.

(b) Serve as the Department's point of contact in relationships with the Central Intelligence Agency and the Defense Intelligence Agency.

(c) Serve as the Department's point of coordination for foreign travel, advising administrations of potential "overlap” in participation in overseas conferences.

(d) Carry out the functions vested in the Secretary by section 4 of the Airport and Airway Development Act of 1970 (84 Stat. 220).

(e) Carry out the functions of the Secretary pertaining to aircraft with respect to Transportation Orders T-1 and T-2 (32A CFR, Chapter VII) under the Act of September 8, 1950, as amended (64 Stat. 798, 50 App. U.S.C. 2061 et seq.) and Executive Order 10480.

(f) Serve as Department of Transportation member of the Interagency Group on International Aviation and, pursuant to Executive Order 11382, to serve as chairman of the group.

[Amdt. 1-31, 35 F.R. 4955, Mar. 21, 1970, as amended by Amdt. 1-89, 85 P.R. 17045, Nov. 5, 1970; Amdt. 1-49, 36 FR. 12622, July 2, 1971; Amdt. 1-57, 37 F.R. 16874, Aug. 22, 1972]

§ 1.57

Delegations to Assistant Secretary for Systems Development and Technology.

The Assistant Secretary for Systems Development and Technology is delegated authority to

(a) Plan and recommend to the Secretary an integrated Research and Development program consistent with the Department's objectives and priorities of interest.

(b) Recommend to the Secretary actions to improve, modify, or disapprove elements of the Research and Development program as necessary to eliminate unpromising or unnecessarily duplicative projects and to initiate projects indicating promise.

(c) Recommend to the Secretary appropriate funding for the Department's Research and Development program as part of the planning, programing, and budgeting process.

(d) As the Secretarial Officer having cognizance over the Department's Research and Development program, participate fully in the planning, programing, and budgeting process whenever Departmental Research and Development matters are involved.

(e) Assure common use of research facilities of the Department of Transportation and the National Aeronautics and Space Administration, such high-speed ground transportation test facilities.

(1) Assure coordination of research and development efforts in the areas of aircraft noise and sonic boom to be carried out by the Department of Transportation and the National Aeronautics and Space Administration.

(g) Serve as official sponsor of the Department of Transportation Citizens Advisory Committee on Transportation Quality.

(h) Chair the Department of Transportation Research and Development Management Council.

(i) Provide the technical direction required by the Transportation Systems Center to ensure it optimum use as a Departmental in-house research, development, and technological facility.

(j) Carry out the functions vested in the Secretary by section 17 (a) and (b) (as it relates to conducting consultations with the Administrator of the Environmental Protection Agency) and section 18 (a) and (b) (as it relates to conducting consultations with the Administrator of the Environmental Protection Agency) of the Noise Control Act of 1972 (Pub. L. 92-574).

[Amdt. 1-31, 35 F.A 4955, Mar. 21, 1970, as amended by Amdt. 1-35, 35 F.R. 12763, Aug. 12, 1970; Amdt 1-87, 39 FR 7791, Feb. 28, 1974]

(c) Serve as coordinator for intradepartmental safety and consumer affairs programs.

(d) Carry out the functions vested in the Secretary by the following statutes:

(1) The Natural Gas Pipeline Safety Act of 1968, as amended (49 U.S.C. 1671 et seq.).

(2) Sections 831-835 of title 18, United States Code, so far as they pertain to pipelines.

(e) Carry out the functions vested in the Secretary by the Hazardous Materials Transportation Control Act of 1970 (Title III of Public Law 91-458, 84 Stat. 977, 49 U.S.C. 1761 et seq.).

(f) Serve as the Department's point of contact in relationships with government, State, regional, local, and private groups and organizations in matters relative to the departmentwide program for enhancing the safety and security of passengers and cargo in transit.

(g) Carry out the functions vested in the Secretary by section 5 of the Inter1.ational Bridge Act of 1972 (Pub. L. 92-434) as it relates to pipelines not over navigable waterways.

[Amdt. 1-95, 85 F.R. 12763, Aug. 12, 1970, as amended by Amdt. 1-46, 36 F.R. 5420, Mar. 23, 1971; Amdt. 1-57, 37 F.R. 16874, Aug. 22, 1972; Amdt. 1-64, 37 FR 24674, Nov. 18, 1972; Amdt. 1-90, 39 FR 10585, Mar. 21, 1974; Amdt. 1-91, 39 FR 11423, Mar. 28, 1974] § 1.59

Delegations to General Counsel. The General Counsel is delegated authority to

(a) Conduct all rule-making proceedings, except the issuance of final rules, under specific laws relating generally to standard time zones and daylight saving (advanced standard) time.

(b) 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 issue operating exceptions in any case in which he determines that it is impractical to apply the standard time.

(c) Provide and coordinate the Department's counseling service to employees on questions of conflict of interest and other matters of legal import covered by departmental regulations on employee responsibility and conduct, assuring that counseling and interpretations on these matters are available to designated Deputy Counselors of the Department, and serve as the Department's

designee to the Civil Service Commission on these matters.

(d) [Reserved]

(e) Review and take final action on referrals of the findings of the Coast Guard Board for the Correction of Military Records and the Coast Guard Board for the Review of Discharges and Dismissals.

(f) Approve vacation of suspension of dismissal of military personel (10 U.S.C. 872(b)).

(g) Grant permission, under specific circumstances, to deviate from a policy or procedure prescribed by Part 9 of the regulations of the Office of the Secretary (Part 9 of this subtitle) with respect to testimony of OST employees as witnesses in legal proceedings, the serving of legal process and pleadings in legal proceedings involving the Secretary or his Office, and the production of records of that Office pursuant to subpoena.

(h) Prepare proposed Executive orders and proclamations (including transmittal documents), effect appropriate departmental coordination, and determine whether the transmittal to the Bureau of the Budget should be submitted over the Secretary's signature or the General Counsel's.

(1) Emboss and affix the official departmental seal to appropriate documents and other materials, for all purposes for which authentication by seal is required.

(1) Except with respect to proceedings under section 4(e) of the Department of Transportation Act (80 Stat. 934) relating to safety fitness of an applicant, decide on requests to intervene or appear before courts to present the views of the Department, subject to the concurrence of other interested staff elements in the Office of the Secretary.

(k) Exercise the authority delegated to the Department by the Assistant Attorney General, Land and Natural Resources Division, in his order of October 2, 1970, to approve the sufficiency of the title to land being acquired by purchase or condemnation by the United States for the use of the Department. Redelegation and successive redelegations of this authority may only be made to attorneys within the Department.

(1) Serve as the alternate representative of the Secretary on the board of directors of the National Railroad Passenger Corp. when the Under Secretary is not present at meetings of the board and carry out the functions vested in the Sec

retary as a member of the board by section 303 of the Rail Passenger Service Act of 1970 (84 Stat. 1330).

(m) Issue regulations making editorial changes or corrections in the regulations of the Office of the Secretary.

(n) Review and take 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).

(0) Serve as the alternate representative of the Secretary, when so designated by the Under Secretary, as incorporator, member of the acting Board of Directors, member of the Board of Directors, and member of the executive committee of the Board of Directors, of the United States Railway Association and when so serving carry out the functions vested in the Secretary in each capacity by title II of the Regional Rail Reorganization Act of 1973 (Public Law 93-236).

(Bec. 9 of the Department of Transportation Act; 49 U.S.C. 1657) [Amdt. 1-81, 35 F.R. 4955, Mar. 21, 1970, as amended by Amdt. 1– 41, 17659, Nov. 17, 1970; Amdt. 1-57, 37 F.R. 16875, Aug. 22, 1972; Amdt. 1-69, 38 FR 9082, Apr. 10, 1973; Amdt. 1-71, 38 FR 14109, May 29, 1973; Amdt. 1–80, 38 FR 29881, Oct. 3, 1973; Amdt. 1-86, 39 FR 7425, Feb. 26, 1974] § 1.60 Delegations to Assistant Secretary for Administration.

The Assistant Secretary for Administration is delegated authority for the following:

(a) Procurement, (1) Exercise procurement authority with respect to requirements of the Office of the Secretary, except

Center.

the Transportation Systems

(2) Make the required determinations with respect to mistakes in bids relative to sales of personal property conducted by the Office of the Secretary without power of redelegation.

(b) Personnel. (1) Administer and conduct personnel management activities for the Office of the Secretary, including but not limited to:

(1) Establishment and classification of positions at GS-1 through GS-15: (ii) Effectuation of personnel actions to appoint, promote, demote, reassign, separate, and remove employees;

(iii) Establishment of training programs and approval of training expenses; and

(iv) Evaluation of trades, labor, and manual skills positions and approval of pay schedules therefor.

(2) Administer oaths incident to entrance on duty in the Federal service and any other oath which might be required by law in connection with employment.

(3) Coordinate departmental requests for employment limitation relief with appropriate Secretarial Officers prior to submission to the Under Secretary for action, advise the Under Secretary on priorities, and act on requests for temporary relief through granting position advances from the Secretary's reserve pool for a period not to exceed 60 days.

(4) Exercise emergency authority to hire without the prior approval of the Under Secretary normally required by departmental procedures implementing general employment limitations when in the judgment of the Assistant Secretary immediate action is necessary to effect the hire and avoid the loss of a wellqualified job applicant, and for similar

reasons.

(5) Review proposals of the Office of the Secretary for each new appointment or transfer to (1) verify the essentiality of the position and (ii) assure compliance with the Action Plan for Equal Opportunity of the Office of the Secretary.

(6) Approve periodic accession plans for the Office of the Secretary.

(7) Serve as Vice Chairman of the Departmental Executive Personnel Board and its Executive Committee.

(e) Finance. (1) Administer the financial and fiscal affairs of the Office of the Secretary (other than those for which the Deputy Under Secretary is responsible), in accordance with 31 U.S.C. 66a.

(2) Designate to the Treasury Department certifying officers and designated agents for the Office of the Secretary and imprest fund cashiers for the Departmental headquarters.

(3) In accordance with 31 U.S.C. 82a-1, grant or recommend relief from accountability for losses or deficiencies of disbursing officers, cashiers, or other accountable officers as follows:

(1) Grant relief for losses or deficiencies of less than $150 for which charges or exceptions have not been raised by the General Accounting Office.

(ii) Recommend relief by the Comptroller General for all other loss or deficiencies.

(4) Settle and pay claims by employees of the Office of the Secretary for personal property losses, as provided by 31 U.S.C. 241(b).

(5) Consider, ascertain, adjust, determine, and settle, for an amount not exceeding $25,000, any tort claim referred to, or arising from the activities of, the Office of the Secretary. Request, through the General Counsel, the approval of the Attorney General for any such award compromise, or settlement in excess of $25,000 (28 U.S.C. 2672).

(6) Waive, in whole or in part, claims resulting from erroneous overpayment of pay to an employee of the Office of the Secretary, as provided by 4 CFR Parts 91, 92 and 93. This authority may be redelegated only to the Director of Management Systems.

(7) Compromise, suspend collection action on, or terminate claims of the United States not exceeding $20,000 which are referred to, or arise out of the activities of, the Office of the Secretary.

(8) Determine the existence and amount of indebtedness and the method of collecting repayments from employees of the Office of the Secretary and collect repayment accordingly, as provided by 5 U.S.C. 5514. This authority may be redelegated only to the Chief, Accounting Operations Center.

(9) Sign Budget Execution reports required by OMB Circular A-34, for the Office of the Secretary.

(d) Special funds. Except as otherwise delegated, establish or operate, or both, such special funds as may be required by statute or by administrative determination. This includes such special funds as the Working Capital Fund (49 U.S.C. 1657(J)).

(e) Security. (1) Represent the Secretary on the U.S. Communications Security Board and the Interdepartmental Committee on Internal Security.

(2) Issue official credentials "By direction of the Secretary".

(3) Classify information in the interests of national defense.

(4) Take certain classified actions on behalf of the Department in connection with counter-audio programs.

(5) Authorize exceptions to investigative standards for National Defense Reservists.

(6) Determine when emergencies, other than attack on the United States, justify activation of Personnel Security National Emergency Standby Regulations.

(7) Approve exceptions to the Personnel Security Regulations issued by the Secretary.

(8) Request the Civil Service Commission to modify investigative requirements in certain areas.

(9) Approve exemptions for official identification on Government motor vehicles.

(1) Printing. (1) Request approval of the Joint Committee on Printing, Congress of the United States, for any procurement or other action requiring Committee approval.

(2) Certify the necessity for departmental periodicals and request approval of the Director of the Office of Management and Budget (OMB Circular No. A-3 Revised as of Sept. 8, 1960).

(g) Document authentication. Emboss and affix the official departmental seal to appropriate documents and other materials, for all purposes for which authentication by seal is required.

(h) Reports. Process requests for Office of Management and Budget clearance of reports covered by the Federal Reports Act of 1942.

(1) Foreign travel. Review written requests for modification to the Department's overseas travel plan approved by the Office of Management and Budget.

(j) Administrative/Management Matters at the Transportation Systems Center. Provide guidance and assistance to the Transportation Systems Center on all administrative/management problems (as distinguished from purely technical matters) and make recommendations to the Under Secretary for their disposition.

(k) Gifts and bequests.-Carry out the functions vested in the Secretary by section 9(m) of the Department of Transportation Act (Public Law 89-670).

(1) Audit. Carry out the functions vested in the Secretary by sections 203, as applicable (except authority to issue subpoenas); 212(b); and 402(g) (2) of the Regional Rail Reorganization Act of 1973 (Public Law 93-236).

[Amdt. 1-81, 35 FR. 4955, Mar. 21, 1970, as amended by Amdt. 1-33, 35 F.R. 10592, June 30, 1970; Amdt. 1-87, 35 F.R. 15996, Oct. 10, 1970; Amdt. 1–57, 37 F.R. 16874, 16875, Aug. 22, 1972; Amdt. 1-70, 38 FR 10273, Apr. 26, 1973; Amdt. 1-75, 38 FR 21413, Aug. 8, 1973; Amdt. 1–80, 39 FR 8919, Mar. 7, 1974] § 1.61

Delegations to Director of the Transportation Systems Center. The Director of the Transportation Systems Center is delegated authority to: (a) Redelegate and authorize successive redelegations of authority granted by the Secretary/Under Secretary, except

as limited by law or specific administrative reservations.

(b) Authorize and approve official travel (except overseas travel) and transportation for himself, his subordinates, and others performing services for, or in cooperation with, the Transportation Systems Center.

(c) Administer the operation of the Transportation Systems Center and perform the functions described in his functional statement.

(d) (1) Communicate directly with officials of the operating administrations to ensure that projects undertaken by Transportation Systems Center are carried out in accordance with the operating administrations' program guidance; and

(2) Communicate directly with oncials of other Government agencies, private industry, and educational institutions provided such communications are primarily for coordination and information purposes and are in concert with established departmental program policy.

(e) Recommend to the Secretary/ Under Secretary, through the Assistant Secretary for Systems Development and Technology, actions to

(1) Initiate research and development projects which indicate a high yield potential; and

(2) Modify the nature and extent of existing research and development projects in cases in which, in his judgment, modification would significantly enhance the probability of successful achievement of the end objective.

(f) Recommend to the Secretary/ Under Secretary, through the Assistant Secretary for Administration, actions for improved management through organizational changes, realignment of resources, and other innovations designed to increase the effectiveness, productivity and economy of Center operations.

(g) Notwithstanding any other provision of this part, exercise procurement authority with respect to requirements of the Transportation Systems Center, subject to such approvals as the Assistant Secretary for Administration may prescribe forinvolving

(1) Contractual actions more than $250,000;

(2) Utility contracts expected to cost $50,000 or more per year;

(3) Solicitations of any bid or proposal for support services; and