(a) The Department of Transportation Act, Public Law 89-670, 80 Stat. 931 (hereinafter referred to as the Act), established at the seat of Government an executive department known as the Department of Transportation, headed by a Secretary of Transportation. The Act vested in the Secretary certain general functions, powers, and duties, in the field of transportation. In addition, the Act transferred to the Secretary and other officials of the Department, and to the National Transportation Safety Board within the Department, certain functions, powers, and duties exercised prior to the effective date of the Act by various Government agencies and officials.

(b) In general, the Act transferred functions, powers, and duties from:

(1) The Secretary of Commerce, under laws relating to highways, ground transportation, aircraft loan guarantees, aviation war risk insurance, pilotage on the Great Lakes, and traffic and highway safety;

(2) The Secretary of the Treasury, under laws relating to the Coast Guard;

(3) The Administrator of the Federal Aviation Agency, under all laws administered by that Agency;

(4) The Civil Aeronautics Board, under laws relating to aircraft accident investigations and review of denial, suspension, or revocation of air safety certificates;

(5) The Interstate Commerce Commission, under laws relating to railroad, motor, and pipeline safety, safe transportation of explosives and other dangerous articles, daylight saving time, and standard time zones; and

(6) The Secretary of the Army, under laws relating to water vessel anchorages, drawbridge operations, rates on toil bridges, locations and clearances of bridges over navigable waters, and offshore marine oil pollution.

(c) The Act also:

(2) Provided for the direction and supervision by the Secretary of the Saint Lawrence Seaway Development Corporation.

(d) Reorganization Plan No. 2 of 1968 (33 F.R. 6965) transferred to the Secretary certain functions of the Secretary of Housing and Urban Development and of the Department of Housing and Urban Development relating to urban mass transportation.

(e) Reorganization Plan No. 1 of 1967 (32 F.R. 7049), transferred to the Secretary certain functions of the Secretary of Commerce relating to ship mortgages.

[32 F.R. 5606, Apr. 5, 1967, as amended by Amdt. 1-16, 33 F.R. 9258, June 22, 1968; Amdt. 1-18, 33 F.R. 11821, Aug. 21, 1968]

partment. The Saint Lawrence Seaway Development Corporation was placed by the Act under the direction and supervision of the Secretary. The Urban Mass Transportation Administration was established within the Department by Reorganization Plan No. 2 of 1968 (33 F.R. 6965).

(b) The Federal Aviation Administration, the Federal Highway Administration, the Federal Railroad Administration, the Urban Mass Transportation Administration, and the Saint Lawrence Seaway Development Corporation are each headed by an Administrator, appointed by the President with the advice and consent of the Senate, who reports directly to the Secretary. The U.S. Coast Guard is headed by the Commandant, appointed by the President with the advice and consent of the Senate, who also reports directly to the Secretary. The National Transportation Safety Board, consisting of five members appointed by the President with the advice and consent of the Senate, is independent of the Secretary and other offices and officers of the Department in the exercise of its functions, powers, and duties under the Act. Its functions, powers, and duties relate primarily to the determination of probable cause of transportation accidents; appellate review of the suspension, modification, revocation, or denial of certificates and licenses; and investigation of aircraft accidents.

(c) Pursuant to the authority vested in the Secretary by the Act, there are hereby established and created in the Federal Highway Administration, the Bureau of Public Roads, the Bureau of Motor Carrier Safety, and the National Highway Safety Bureau. The Director of each Bureau shall report to the Federal Highway Administrator. Pursuant to Executive Order 11357, the provisions of the National Traffic and Motor Vehicle Safety Act of 1966, as amended (15 U.S.C. 1381 et seq.), shall be carried out by the National Highway Safety Bureau.

[32 F.R. 5606, Apr. 5, 1967, as amended by Amdt. 1-16, 33 F.R. 9258, June 22, 1968; Amdt. 1-17, 33 F.R. 11405, Aug. 10, 1968; Amdt. 1-20, 33 F.R. 12659, Sept. 6, 1968]

§ 1.4 Delegation of functions, powers, and duties.

Except as provided in § 1.5, and subject to the provisions of §§ 1.6 and 1.7:

(a) The Commandant of the Coast Guard is hereby authorized to exercise the functions, powers, and duties vested

in the Secretary by the following sections of the Act and other authority cited:

(1) Section 6(a) (4), relating generally to functions under the Great Lakes Pilotage Act of 1960, as amended (74 Stat. 259, 46 U.S.C. 216 et seq.).

(2) Section 6(b)(1), relating generally to functions, powers, and duties 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.

(3) Section 6(g) (except for section 6(g) (4)), 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 under the following laws:

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

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

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

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

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

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

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

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

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

(x) The General Bridge Act of 1946, as amended (60 Stat. 847, 33 U.S.C. 525 et seq.) except sections 502(c) and 503 which are delegated under paragraph (c) (2) (xi) and (10)(ii) of this section, respectively.

(4) Reorganization Plan No. 1 of 1967. (a-1) The Commandant of the Coast Guard is hereby authorized to exercise the functions, powers, and duties vested in the Secretary by:

(1) Reorganization Plan No. 1 of 1967 relating to the approval of the surrender of the documents of a vessel pursuant to subsections B(4) and O(a) of the Ship Mortgage Act, 1920, as amended (46 U.S.C. 911 (4) and 961(a)).

(b) The Federal Aviation Administrator is hereby authorized to exercise the functions, powers, and duties vested in the Secretary by the following sections of the Act and other authority cited:

(1) Section 6(a) (3) (C), relating generally to aircraft under Title XIII of the Federal Aviation Act of 1958, as amended (72 Stat. 800, 49 U.S.C. 1531 et seq.).

(2) Section 6(c) (1), relating generally to functions, powers, and duties of the Federal Aviation Agency and of the Administrator and other officers and offices thereof. (Section 6(c) (1) also transfers directly to the Federal Aviation Administrator functions, powers, and duties pertaining to aviation safety 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.)

(3) The agreement between the Secretary of the Interior and the Secretary of Transportation of August 26, 1967, relating to the civil administration of Wake Island.

(4) The Act of September 7, 1957, as amended (49 U.S.C. 1324 (note)), and section 6(a) (3) (A) of the Department of Transportation Act (49 U.S.C. 1655 (a)(3)(A)), relating to guarantees of private loans for the purchase of aircraft.

(5) Executive Order No. 11419 of July 29, 1968, and 11322 of January 5, 1967, relating to prohibited aviation operations and the prohibited carriage of commodities and products to and from Southern Rhodesia.

(6) Section 9(1) of the Act, relating to providing certain facilities and services to FAA employees and their dependents at remote locations.

(c) The Federal Highway Administrator is hereby authorized to exercise the functions, powers, and duties vested in the Secretary by Public Law 89-795, 80 Stat. 1477, relating to the Chamizal border highway, and the functions, powers, and duties vested in the Secretary by the following sections of the Department of Transportation Act:

(1) Section 4(e), insofar as it pertains to motor carriage, relating generally to investigation and reporting of safety compliance records of applicants seeking operating authority, or approval of

transactions involving transfer of operating authority, from the Interstate Commerce Commission, and to intervention and presentation of evidence concerning applicants' fitness in Commission proceedings.

(2) Section 6(a) (1), relating generally to highways under the following laws:

(1) Title 23, United States Code, as amended;

(ii) The Federal-Aid Highway Act of 1966 (80 Stat. 766);

(iii) The Federal-Aid Highway Act of 1962, as amended (76 Stat. 1145, 23 U.S.C. 307 note);

(iv) The Act of July 14, 1960, as amended (74 Stat. 526, 23 U.S.C. 313 note);

(v) The Federal-Aid Highway Act of 1954, as amended (68 Stat. 70);

(vi) The Act of September 26, 1961, as amended (75 Stat. 670);

(vii) The Highway Revenue Act of 1956, as amended (70 Stat. 387, 23 U.S.C. 120 note);

(viii) The Highway Beautification Act of 1965, as amended (79 Stat. 1028, 23 U.S.C. 131 et seq. notes);

(ix) The Alaskan Omnibus Act, as amended (73 Stat. 141, 48 U.S.C. 21 note prec.);

(x) The Joint Resolution of August 28, 1965, as amended (79 Stat. 578, 23 U.S.C. 101 et seq. notes);

(xi) Section 502(c) of the General Bridge Act of 1946, as amended (60 Stat. 847, 33 U.S.C. 525 (c));

(xii) The Act of April 27, 1962 (76 Stat. 59); and

(xiii) Reorganization Plan No. 7 of 1949 (63 Stat. 1070, 5 U.S.C. 133z-15 note).

(3) Section 6(a) (6), relating generally to highway and traffic safety under the following laws:

(1) The National Traffic and Motor Vehicle Safety Act of 1966, Public Law 89-563 (80 Stat. 718); and

(ii) The Highway Safety Act of 1966, Public Law 89-564 (80 Stat. 731).

(4) Section 6(e) (3), relating to medals for heroism under the Act of February 23, 1905, as amended (33 Stat. 743, 49 U.S.C. 1201 et seq.), insofar as it pertains to motor vehicles.

(5) Section 6(e) (4), relating generally to explosives and other dangerous articles under sections 831-835 of Title 18, United States Code, as amended, insofar as they pertain to motor carriers.

(6) Section 6(e) (6) (B), relating generally to investigation of motor vehicle size, weights, and service of employees under section 226 of the Interstate Commerce Act, as amended (49 U.S.C. 325).

(7) Section 6(e) (6) (C), relating generally to qualifications and maximum hours of service of employees and safety of operation and equipment of motor carriers under sections 204(a) (1), (2), (3), (3a), and (5) of the Interstate Commerce Act, as amended (49 U.S.C. 304).

(8) Section 6(e) (6) (D), relating generally to service of process, designation of agents to receive service of process, and identification of interstate motor vehicles under sections 221(a), 221(c), and 224 of the Interstate Commerce Act, as amended (49 U.S.C. 321 et seq.) insofar as they pertain to private carriers of property by motor vehicle and carriers of migrant workers by motor vehicle other than contract carriers.

(9) Section 6(f) (2) (A), relating generally to the administrative powers under the Interstate Commerce Act with respect to functions, powers, and duties pertaining to motor carrier safety transferred to the Secretary under the Act.

(10) Section 6(g) (4), relating generally to the reasonableness of tolls under the following laws:

(i) Section 4 of the Act of March 23, 1906, as amended (34 Stat. 85, 33 U.S.C. 494);

(ii) Section 503 of the General Bridge Act of 1946, as amended (60 Stat. 847, 33 U.S.C. 526);

(iii) Section 17 of the Act of June 10, 1930, as amended (46 Stat. 552, 33 U.S.C. 498a);

(iv) The Act of June 27, 1930, as amended (46 Stat. 821, 33 U.S.C. 498b); and

(v) The Act of August 21, 1935, as amended (49 Stat. 670, 33 U.S.C. 503 et seq.).

(11) Section 8(b), relating generally to Appalachian Regional Development under the Appalachian Regional Development Act of 1965, as amended (79 Stat. 5, 40 U.S.C. App. 1 et seq.).

(12) Section 8(d), relating generally to the suspension, change, or revocation of motor carrier certificates, permits, or licenses under section 212(a) of the Interstate Commerce Act, as amended (49 Stat. 555, 49 U.S.C. 312(a)).

(13) Section 8(k), relating generally to certain approvals concerned with a compact between the States of Missouri

and Kansas under the Act of September 21, 1966, Public Law 89-599.

(d) The Federal Railroad Administrator is hereby authorized to exercise the functions, power, and duties vested in the Secretary by the following sections of the Act:

(1) Section 4(e), insofar as it pertains to railroads and pipelines, relating generally to investigation and reporting of safety compliance records of applicants seeking railroad operating authority from the Interstate Commerce Commission, and to intervention and presentation of evidence concerning applicants' fitness in Commission proceedings.

(2) Section 6(a) (2) (A), relating generally to high-speed ground transportation under the Act of September 30, 1965, as amended (79 Stat. 893, 49 U.S.C. 1631 et seq.).

(3) Section 6(e) (1), relating generally to safety appliances and equipment on railroad engines and cars, and protection of employees and travelers under the following laws:

(i) The Act of March 2, 1893, as amended (27 Stat. 531, 45 U.S.C. 1 et seq.);

(ii) The Act of March 2, 1903, as amended (32 Stat. 943, 45 U.S.C. 8 et seq.);

(iii) The Act of April 14, 1910, as amended (36 Stat. 298, 45 U.S.C. 11 et seq.);

(iv) The Act of May 30, 1908, as amended (35 Stat. 476, 45 U.S.C. 17 et seq.);

(v) The Act of February 17, 1911, as amended (36 Stat. 913, 45 U.S.C. 22 et seq.);

(vi) The Act of March 4, 1915, as amended (38 Stat. 1192, 45 U.S.C. 30);

(vii) Reorganization Plan No. 3 of 1965 (79 Stat. 1320, 5 U.S.C. 133z-15);

(viii) Joint Resolution of June 30, 1906, as amended (34 Stat. 838, 45 U.S.C. 35);

(ix) The Act of May 27, 1908, as amended (35 Stat. 325, 45 U.S.C. 36 et seq.);

(x) The Act of March 4, 1909, as amended (35 Stat. 965, 45 U.S.C. 37); and (xi) The Act of May 6, 1910, as amended (36 Stat. 350, 45 U.S.C. 38 et seq.).

(4) Section 6(e) (2), relating generally to hours of service of employees under the Act of March 4, 1907, as amended (34 Stat. 1415, 45 U.S.C. 61 et seq.).

(5) Section 6(e) (3), relating generally to medals for heroism under the Act of