orders, Proclamations or Reorganization Plans or other Presidential action.

(2) Submission to Congress or the President of any report or any proposed transportation policy or investment standards or criteria, except with the prior written approval of the Secretary.

(c) Budget and finance. (1) Approval and submission to the Office of Management and Budget of original or amended budget estimates or requests for allocations of personnel ceiling (31 U.S.C. 22-24).

(2) Approval of requests for legislation which, if enacted, would authorize subsequent appropriations for the Department (31 U.S.C. 581b).

(3) Transfer of the balance of an appropriation from one operating element to another within the Department (31 U.S.C. 581c).

(4) Submission to the Director of the Office of Management and Budget of requests for the transfer of the balance or portions of an appropriation from one element to another within the Department (31 U.S.C.665).

(d) Interventions and appearances. Except with respect to proceedings relating to safety fitness of an applicant (49 U.S.C. 1653(e)), the making of decisions on requests to intervene or appear before courts and administrative agencies to present the views of the Department.

(e) Personnel. (1) Recommendations to the Civil Service Commission of the allocation of a position to GS-16, 17, or 18 or an equivalent level (5 U.S.C. 5108). (2) Recommendations to the Civil Service Commission of approval of the qualifications of any candidate for a position at grade GS-16, 17, or 18 or an equivalent level (5 U.S.C. 3324), or to an executive level position.

(3) Recommendations to the Civil Service Commission of & Lump-Sum Incentive Award in Excess of $5,000 (5 U.S.C. 4502).

(4) Approval of the following actions relating to Schedules A, B, and C and noncareer executive assignment positions or incumbents, except for actions under Schedules A and B limited to one year or less at grade GS-9 or lower, or an equivalent level:

(1) Establishment or abolishment of positions;

(li) Hires;

(iii) Promotions other than quality and periodic within grade promotions;

(iv) Transfer of personnel to Schedule A, B, or C positions or noncareer ex

ecutive assignment positions, either permanently or on detail, and

(v) Transfer of personnel from Schedule A, B, or C or noncareer executive assignment positions to career Civil Service positions.

(5) Approval of employment of experts or consultants.

(6) Authority relating to scientific and professional positions under section 6(a) (5) of the Department of Transportation Act (49 U.S.C. 1655 (a) (5)).

(7) Authority to determine the maximum limit of age for appointment of air traffic controllers as provided by 5 U.S.C. 3307(b) (86 Stat. 141).

(f) Security. (1) Suspension or removal of an employee from a position in the Department for security reasons under Executive Order 10450 (3 CFR, 1949-53 Comp., p. 936) or the employment in the Department of a person who was previously separated for security reasons from any Federal agency.

(2) Authorizing the filling of a criticalsensitive position for a limited period by a person on whom a preappointment full field investigation has not been completed (Executive Order 10450).

(3) Requesting Presidential approval of a claim of executive privilege with respect to information requested by a Congressional committee or Member of Congress.

(4) Making determinations prescribed by sections 4(a) (2) (B), 4(b) (3), 5(b), and 9 of Executive Order 10865 (3 CFR, 1959-63 Comp., p. 398) relating to the adjudication and final denial of access to classified information to industry personnel.

(5) Making those determinations or delegations prescribed by sections 2(B) (3), 5(E) (1) and (2) of Executive Order 11652 (37 FR 5209, March 10, 1972) which are reserved to the head of the Department.

(g) Procurement. Exercise of the extraordinary authority for defense contracts provided for in Public Law 85-804 (50 U.S.C. 1431-1435), and considerations and decisions on contract appeals and other matters pursuant to the Department of Transportation Contract Appeals Regulations (41 CFR Part 12-60).

(h) Printing. Requesting approval of the Joint Committee on Printing for any procurement or other action requiring Committee approval.

(1) Interagency agreements. Execution of any written interdepartmental or interagency agreement with the head of another executive department or agency.

(J) Withholding of funds. Withholding or suspension of Federal-Aid Highway funds on a statewide basis and the waiver or compromise of such withholding or suspension.

(k) Alaska Railroad. Extension or abandonment of railroad service.

(1) National Highway Safety Advisory Committee. Directing the National Highway Safety Advisory Committee to meet (23 U.S.C. 404 (c)).

(m) Coast Guard. The following powers relating to the Coast Guard:

(1) Appointment of Advisory Committee to the Academy (14 U.S.C. 193).

(2) Fixing date for visit to Academy by Board of Visitors (14 U.S.C. 194(b)). (3) Establishment of promotion zone for selection of rear admirals (14 U.S.C. 256(b)).

(4) Removal of an officer from active duty when recommended by a board convened under section 323 of title 14, United States Code (14 U.S.C. 326).

(5) Responsibility for supervising activities of Reserve components (10 U.S.C. 264(b)).

(6) Convening General Courts-Martial under the personal authority granted by law (10 U.S.C. 822(a) (2)).

(7) Approval of execution of a sentence dismissing a commissioned officer or cadet (10 U.S.C. 871(b)).

(8) Approval of vacation of a suspension of dismissal (10 U.S.C. 872(b)).

(9) Establishing procedures for the correction of military records (10 U.S.C. 1552(a)).

(10) Establishing a board of review to review discharge or dismissal of former Coast Guard members (10 U.S.C. 1553 (a)).

(10

(11) Reviewing findings of board established under section 1553(a) U.S.C. 1553(b)).

(12) Reviewing findings of boards established under section 1554(a) to forward requests of officers released or retired from active duty without pay for physical disability (10 U.S.C. 1554(b)). [Amdt. 1-31, 35 FR. 4955, Mar. 21, 1970, as amended by Amdt. 1-39, 35 F.R. 17044, Nov. 5, 1970; Amdt. 1-57, 37 F.R. 16874, Aug. 22, 1972; Amdt. 1-58, 37 F.R. 16873, Aug. 22, 1972; Amdt. 1-94, 39 FR 30353, Aug. 22, 1974; Amdt. 1-95, 39 FR 35232, Sept. 30, 1974]

§ 1.45

Delegations to all Administrators.

(a) Except as otherwise prescribed by the Secretary of Transportation, each Administrator is authorized to

(1) Exercise the authority of the Secretary over and with respect to any personnel within their respective organizations.

(2) Exercise the authority of the Secretary as executive head of a department, under any statute, Executive order or regulation.

(3) Request the Attorney General to approve the award, compromise, or settlement of any tort claim for an amount exceeding $25,000 (28 U.S.C. 2672).

(4) Carry out the functions vested in the Secretary by section 4(f) of the Department of Transportation Act, amended (49 U.S.C. 1653(f)).

as

(5) Carry out the emergency preparedness functions assigned to the Secretary by Executive Order 11490 and by the Office of Emergency Preparedness as they pertain to his administration, including those relating to continuity of operations, emergency transportation service or support thereof, emergency resource management, associated Federal claimant procedures, facilities protection and warfare effects monitoring and reporting, research, stockpiling, financial aid, and training.

(6) Enter into inter- and intra-departmental reimbursable agreements other than with the head of another department or agency (31 U.S.C. 686). This authority may be redelegated only to Office Directors, Regional Directors, District Commanders or other comparable levels and Contracting Officers.

(7) Determine the existence and amount of indebtedness and the method of collecting repayments from employees and members within their respective administrations and collect repayments accordingly, as provided by 5 U.S.C. 5514. Redelegation of this authority may be made only to the principal officials responsible for financial management or such officials' principal assistants.

(8) Waive claims and make refunds in connection with claims of the United States for overpayment of pay and allowances in amounts aggregating not more than $500 without regard to any repayments, as provided by 5 U.S.C. 5584 and 10 U.S.C. 2774. Redelegation of this authority may be made only to the level of regional director or district office commander.

(9) Settle and pay claims by employees for personal property losses as provided by 31 U.S.C. 241 (a) or (b), as appropriate. This authority may be redelegated only to Office Directors, Regional Directors, District Commanders or other comparable levels and to those individuals that report to the above officials.

(b) Except as otherwise specifically provided, each official to whom authority is granted by § 1.45 through 1.51 may redelegate and authorize successive redelegations of that authority within the organization under his jurisdiction. [Amdt. 1-31, 35 F.R. 4955, Mar. 21, 1970, as amended by Amdt. 1-54, 37 F.R. 12494, June 24, 1972; Amdt. 1-55, 37 F.R. 13552, July 11, 1972; Amdt. 1–73, 38 FR 15510, June 13, 1973; Amdt. 1-76, 38 FR 21930, Aug. 14, 1973; Amdt. 1-94, 39 FR 30353, Aug. 22, 1974; Amdt. 1-95, 39 FR 35232, Sept. 30, 1974] § 1.46 Delegations to Commandant of the Coast Guard.

The Commandant of the Coast Guard is delegated authority to

(a) Carry out the Great Lakes Pilotage Act of 1960, as amended, except the authority to enter into, revise, or amend arrangements with Canada (74 Stat. 259, 46 U.S.C. 216 et seq.).

(b) Carry out all the activities of the Coast Guard, including, but not limited to, law enforcement, safety of life and property at sea, aids to navigation, search and rescue, ice breaking, oceanographic research and military readiness functions (49 U.S.C. 1655(b) (1)).

(c) Carry out the following laws relating generally to water vessel anchorages, drawbridge operating regulations, obstructive bridges, pollution of the sea by oil and the locations and clearances of bridges and causeways over the navigable waters of the United States:

(1) Section 7 of the Act of March 4, 1915, as amended (38 Stat. 1053, 33 U.S.C. 471);

(2) Article 11 of section 1 of the Act of June 7, 1897, as amended (30 Stat. 98, 33 U.S.C. 180);

(3) Rule 9 of section 1 of the Act of February 8, 1895, as amended (28 Stat. 647, 33 U.S.C. 258);

(4) Rule numbered 13 of section 4233 of the Revised Statutes, as amended (33 U.S.C. 322);

(5) Section 5 of the Act of August 18, 1894, as amended (28 Stat. 362, 33 U.S.C. 499);

(6) The Act of June 21, 1940, as amended (54 Stat. 497, 33 U.S.C. 511 et seq.);

(7) The Oil Pollution Act, 1961, as amended (75 Stat. 402, 33 U.S.C. 1001 et seq.);

(8) Section 9 of the Act of March 3, 1899, as amended (30 Stat. 1151, 33 U.S.C. 401);

(9) The Act of March 23, 1906, as amended (34 Stat. 84, 33 U.S.C. 491 et seq.); and

(10) The General Bridge Act of 1946, as amended (60 Stat. 847, 33 U.S.C. 525 et seq.) except sections 502(c) and 503.

(d) Carry out Reorganization Plan No. 1 of 1967, relating to ship mortgages.

(e) Request the Secretary of the Navy to build at naval shipyards Coast Guard vessels not normally or economically obtainable from private contractors (14 U.S.C. 145(a)(1)).

(f) Administer Executive Order 11459 (34 F.R. 5057), relating to approval of containers for transport under Customs seal.

(g) Exchange information, through the Secretary of State, with foreign governments on matters dealing with the safety of life and property at sea, other than radio communications, but not including the submission of suggestions to the Secretary of State on international collaboration and conferences (14 U.S.C. 142).

(h) Exchange personnel, vessels, facilities, and equipment with the Secretary of the Navy to facilitate operational readiness for wartime service with the Navy, and agree to undertake such assignments and functions for each other as are necessary and advisable, except with respect to those exchanges and agreements which, in the Commandant's judgment, may have substantial political impact or adversely affect mission performance (14 U.S.C. 145 (c)).

(1) Approve retention of a rear admiral on active duty for a period not exceeding 1 year (14 U.S.C. 290 (b)).

(j) Through the Chief Counsel, U.S. Coast Guard, settle and pay claims against the United States as provided by 10 U.S.C. 2733.

(k) Award life-saving medals and military decorations (except the Medal of Honor, the Distinguished Service Medal, and the Legion of Merit) and carry out the laws and Executive orders relating to those awards (14 U.S.C. 492a, 493, 494, 496, 497, 498, 500, 501, 502;

Executive Order No. 4601, Mar. 1, 1926, as amended by Executive Order No. 7786 (3 F.R. 49); Executive Order No. 9158 (7 F.R. 3541), as amended by Executive Order No. 9242A (7 FR. 7874); Executive Order No. 10637 (20 FR. 7025); Executive Order No. 11016 (27 F.R. 4139); Executive Order No. 11046 (27 FR. 8575); Executive Order No. 11448 (34 F.R. 915)).

(1) Carry out the functions vested in the Secretary by sections 104 (i), 104(j), 311(b) (6), 311(p) (6), 312 and 402(b) (6) of the Federal Water Pollution Control Act, as amended by the Federal Water Pollution Control Act Amendments of 1972 (86 Stat. 862).

(m) Carry out the functions assigned to the Secretary by sections 2, 5 and 6 of Executive Order 11735 (38 FR 21243), assigning functions under the Federal Water Pollution Control Act, as amended (86 Stat. 862).

(n) Exercise the powers and perform the duties of the Secretary under 18 U.S.C. 831-835, as those powers and duties pertain to marine safety in the shipment of hazardous materials by water.

(0) Carry out the functions vested in the Secretary by the following statutes: (1) Federal Boat Safety Act of 1971 (85 Stat. 213).

(2) Vessel Bridge-to-Bridge Radiotelephone Act (85 Stat. 164).

(3) Public Law 92-339, relating to the licensing of personnel on certain towing vessels (86 Stat. 423).

(4) Ports and Waterways Safety Act of 1972 (86 Stat. 424), except sections 101,102, 104, 106, and 107 to the extent that those sections pertain to the operation of the St. Lawrence Seaway.

(5) Sections 104 (a) and (g), 107(c), 108, 201, and 302 (a) of the Marine Protection, Research, and Sanctuaries Act of 1972 (Public Law 92-532) relating to ocean dumping.

(6) International Voyage Load Line Act of 1973 (Pub. L. 93-115).

(7) Intervention on the High Seas Act (Pub. L. 93-248) except section 13 (a).

(p) Prescribe regulations relating to the designation and leasing of rental housing pursuant to 14 U.S.C. 475(c) and Executive Order 11645 (37 FR 2923), without approval by the President or the Secretary.

(q) Carry out the functions vested in the Secretary by Pub. L. 92-425 and Executive Order 11687 (37 FR 21479), relating to the Retired Serviceman's Survivor Benefit Plan.

(r) Carry out the functions vested in the Secretary by section 5 of the International Bridge Act of 1972 (Pub. L. 92434) as it relates to navigable waterways other than the St. Lawrence River.

(Sec. 7, E.O. 11548 (35 F.R. 11679); secs. 8(e), 9(e), Department of Transportation Act, 49 U.S.C. 1652(e), 1657(e)) [Amdt. 1-81, 85

F.R. 4955, Mar. 21, 1970, as amended by Amdt. 1-32, 35 F.R. 9858, June 16, 1970; Amdt. 1-50, 36 F.R. 15122, Aug. 13, 1971; Amdt. 1-51, 36 F.R. 19593, Oct. 8, 1971; Amdt. 1-56, 37 F.R. 16873, Aug. 22, 1972; Amdt. 1-57, 37 FR 16874, Aug. 22, 1972; Amdt. 1-57, 37 F.R. 16874, Aug. 22, 1972; Amdt. 1-61, 37 FR 21943, Oct. 17, 1972; Amdt. 1–74, 38 FR 20449, Aug. 1, 1973; Amdt. 1-77, 38 FR 24902, Sept. 11, 1973; Amdt. 1-84, 39 FR 4083, Feb. 1, 1974; Amdt. 1-89, 39 FR 10585, Mar. 21, 1974; Amdt. 1-90, 39 FR 10585, Mar. 21, 1974; Amdt. 1-93, 39 FR 17847, May 21, 1974]

§ 1.47 Delegations to Federal Aviation Administrator.

The Federal Aviation Administrator is delegated authority to

(a) Carry out the powers and duties transferred to the Secretary of Transportation by section 6(c) (1) of the Department of Transportation Act (49 U.S.C. 1655 (c) (1)), including those pertaining to aviation safety 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.

(b) Carry out title XIII of the Federal Aviation Act of 1958, as amended (72 Stat. 800; 49 U.S.C. 1931 et seq.), relating to War Risk Insurance.

(c) [Reserved]

(d) Provide for guaranties of private loans for the purchase of aircraft, including consultation with the Civil Aeronautics Board under the Act of September 7, 1957, as amended (49 U.S.C. 1324 (note)), and the Department of Transportation Act (49 U.S.C. 1655(a) (3) (A) and (B)).

(e) Administer Executive Orders 11419 and 11322 relating to prohibited aviation operations and the prohibited carriage of commodities and products to and from Southern Rhodesia.

(f) Provide certain facilities and services to FAA employees and their dependents at remote locations (49 U.S.C. 1659).

(g) Carry out the functions vested in the Secretary by

(1) The Airport and Airway Development Act of 1970 (49 U.S.C. 1701 et seq.), except sections 3 and 4 (49 U.S.C. 1702, 1703).

(2) Sections 208 and 209 of the Airport and Airway Revenue Act of 1970 (84 Stat. 250, 253).

(h) [Reserved]

(1) [Reserved]

(j) Carry out the functions vested in the Secretary by part B of title II of the Clean Air Act, as amended (84 Stat. 1703).

(Sec. 8, Executive Order 11538, 35 F.R. 10645) [Amdt. 1-31, 35 FR. 4955, Mar. 21, 1970, as amended by Amdt. 1-89, 35 F.R. 17044, Nov. 5, 1970; 85 F.R. 17722, Nov. 18, 1970; Amdt. 1-48, 36 F.R. 8733, May 12, 1971; Amdt. 1-52, 36 FR 20162, Oct. 16, 1971; Amdt. 1-68, 38 FR 2693, Jan. 29, 1973; Amdt. 1-95, 39 FR 35232, Sept. 30, 1974]

§ 1.48

Delegations to Federal Highway Administrator.

The Federal Highway Administrator is delegated authority to

(a) Investigate and report on the safety compliance records of applicants seeking operating authority, or approval of transactions involving transfer of operating authority, from the Interstate Commerce Commission, and to intervene and present evidence concerning applicants' fitness in Commission proceedings under 49 U.S.C. 1653(e), so far as it relates to motor carriers.

(b) Administer the following sections of title 23, United States Code:

(1) (1) 101 (a) (as it involves approval of boundaries of urban and urbanized areas) with the concurrence of the Urban Mass Transportation Administrator; and (ii) 101(b), (c), (d), and (e), except as they involve mass transportation projects authorized by sections 103 (e) (4), 142(a) (2), or 142(c);

(2) 103, except as it involves mass transportation projects authorized by subsection (e) (4);

(3) 104, including the apportionment of funds for Federal-aid Highways once Congress approves estimates submitted by the Secretary, except that subsection (f) (4) is to be administered with the concurrence of the Urban Mass Transportation Administrator;

(4) 105, except

(i) As subsections (a) and (g) involve mass transportation projects authorized by sections 103(e) (4), 142(a)(2), or 142(c), and

(ii) That subsection (d) is to be administered with the concurrence of the Urban Mass Transportation Administrator;

(5) 106, except

(8) 109, except subsections (a), (g), and (h) as they involve mass transportation projects authorized by sections 103 (e) (4), 142(a)(2), or 142(c);

(9) 110, except as it involves mass transportation projects authorized by sections 103 (e) (4), 142 (a) (2), or 142(c) ; (10) 111;

(11) 112, 113, and 114, except as they involve mass transportation projects authorized by sections 103 (e) (4), 142(a) (2), or 142(c);

(12) 115;

(13) 116, except subsections (a) and (c) as they involve mass transportation projects authorized by sections 103(e) (4), 142(a) (2), or 142(c);

(14) 117, except

(i) Subsections (a), (b), and (d) as they involve mass transportation projects authorized by sections 103 (e) (4), 142(a) (2), or 142(c), and

(ii) That subsection (c) is to be administered with the concurrence of the Urban Mass Transportation Administrator;

(15) 118 and 120;

(16) 121 and 122, except as they involve mass transportation projects authorized by sections 103 (e) (4), 142(a)(2), or 142(c);

(17) 123;

(18) 124, except as it involves mass transportation projects authorized by sections 103 (e) (4), 142(a) (2), or 142(c); (19) 125, 126, and 127;

(20) 128, except as it involves mass transportation projects authorized by sections 103 (e) (4), 142 (a) (2), or 142(c); (21) 129, 130, 131, and 132;

(22) 134(a) with the concurrence of the Urban Mass Transportation Administrator;

(23) 135, 136, 137, 138, and 139;

(24) 140, except subsection (a) as it involves mass transportation projects authorized by sections 103 (e) (4), 142(a) (2), or 142(c);