[Code of Federal Regulations] [Title 49, Volume 1] [Revised as of October 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR1.53] [Page 28-29] TITLE 49--TRANSPORTATION Subtitle A--Office of the Secretary of Transportation PART 1_ORGANIZATION AND DELEGATION OF POWERS AND DUTIES--Table of Contents Subpart C_Delegations Sec. 1.53 Delegations to the Administrator of the Research and Special Programs Administration. Administration. The Administrator of the Research and Special Programs Administration is delegated authority to exercise powers and perform duties, including duties under the specified statutes as follows: (a) Pipelines. (1) Natural Gas Pipeline Safety Act of 1968, as amended (49 U.S.C. 1671 et seq.). (2) Mineral Leasing Act, as amended (Pub. L. 93-153, 30 U.S.C. 185). (3) Deepwater Port Act of 1974 (Pub. L. 93-627, 33 U.S.C. 1501 et seq.) relating to the establishment, enforcement and review of regulations concerning the safe construction, operation or maintenance of pipelines on Federal lands and the Outer Continental Shelf (33 U.S.C. 1520). (4) Section 5 of the International Bridge Act of 1972 (Pub. L. 92- 434, 33 U.S.C. 535) as it relates to pipelines not over navigable waterways. (5) Hazardous Liquid Pipeline Safety Act of 1979, as amended (49 U.S.C. 2001 et seq.). (6) Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) as amended, with respect to establishment, enforcement and review of regulations concerning pipeline safety. (7) Sections 4(a) and 5(c) of Executive Order 12316 of August 14, 1981 (46 FR 42237, August 20, 1981) (delegating sections 107(c)(1)(c) and 108(b), respectively, of the Comprehensive Environmental Response, Compensation, and Liability Act of 1981, Pub. L. 96-510), insofar as they relate to pipelines. (8) Section 7005 of the Consolidated Omnibus Budget Reconciliation Act of 1985, as it relates to pipeline safety user fees. (b) Hazardous materials. Except as delegated by Sec. 1.74: (1) Carry out the functions vested in the Secretary by 49 U.S.C. 5121(a), (b) and (c), 5122, 5123, and 5124 relating to investigations, records, inspections, penalties, and specific relief, with particular emphasis on the shipment of hazardous materials and the manufacture, fabrication, marking, maintenance, reconditioning, repair or test of multi-modal containers that are represented, marked, certified, or sold for use in the transportation of hazardous materials; and (2) Carry out the functions vested in the Secretary by all other provisions of the Federal hazardous material transportation law, 49 U.S.C. 5101 et seq., except as delegated by Sec. Sec. 1.46(t), 1.47(j)(2), 1.49(s)(2), and 1.73(d)(2). (c) Passenger and cargo security. (1) 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 Department-wide program for enhancing the safety and security of passengers and cargo in transit. [[Page 29]] (d) Intermodal transport. (1) Section 4(e) of the International Safe Container Act (Pub. L. 95-208, 91 Stat. 1475). (2) [Reserved] (e) Emergency preparedness. Carry out the functions related to emergency preparedness vested in the Secretary by 49 U.S.C. 101 and 301 or delegated to the Secretary by or through the Defense Production Act of 1950, 50 U.S.C. App. 2061 et seq.; Executive Order 10480, as amended; Executive Order 12148; Executive Order 12656; Executive Order 12742; Reorganization Plan No. 3 of 1978; and such other statutes, executive orders, and other directives as may pertain to emergency preparedness. (f) Working Capital Fund for Financing the Activities of the Transportation Systems Center. (1) Section 207 of Public Law 96-254 (49 U.S.C. 1657(r)), authorizing the Secretary to establish a working capital fund for financing the activities of the Transportation Systems Center. (2) [Reserved] (g) [Reserved] (h) Science and technology. (1) With respect to scientific and technological matters, serve as principal advisor to the Secretary and representative of the Department to the academic community, the private sector, professional organizations, and other Government agencies. (2) Serve as principal liaison official for the Department of Transportation with the Office of Science and Technology Policy in the Executive Office of the President. (3) Serve as Chairperson of the Department of Transportation's Research and Development Coordinating Council. (4) Serve as Chairperson of the Department of Transportation Navigation Council. (5) Serve as primary official responsible for coordination and oversight of the Department's implementation of section 2 of the Federal Technology Transfer Act of 1986 (Pub. L. No. 99-502; 15 U.S.C. 3710a), relating to the transfer of Federal technology to the marketplace. (i) Carry out the functions vested in the Secretary by sections 4, 5, 6, 7, and 8 of the Sanitary Food Transportation Act of 1990 (Pub. L. 101-500; 104 Stat. 1213). (j) Section 8 of the Independent Safety Board Act Amendments of 1990 (Pub. L. 101-641; 104 Stat. 4654 (49 app. U.S.C. 1804 note)). (k)(1) Carry out the functions and exercise the authority delegated to the Secretary in Executive Order 12777 (3 CFR, 1991 Comp.; 56 FR 54757) in section 2(b)(2) relating to the establishment of procedures, methods, and equipment and other requirements for equipment to prevent discharges from, and to contain oil and hazardous substances in, pipelines, motor carriers, and railroads. (See 49 CFR 1.46 and 1.66.) (2) Carry out the functions and exercise the authority delegated to the Secretary in section 2(d)(2) of Executive Order 12777 (3 CFR, 1991 Comp.; 56 FR 54757) relating to the issuance of regulations requiring the owners or operators of pipelines, motor carriers, and railroads, subject to the Federal Water Pollution Control Act (33 U.S.C. 1321), to prepare and submit response plans, except as delegated in section 1.46(m). For pipelines subject to the Federal Water Pollution Control Act (33 U.S.C. 1321), this authority includes the approval of means to ensure the availability of private personnel and equipment to remove, to the maximum extent practicable, a worst case discharge, the review and approval of response plans, and the authorization of pipelines to operate without approved response plans. (l) University Grants Program. Sections 11(b) and 11(c) of the Federal Transit Act, as amended, 49 U.S.C. App. 1607c(b) and 1607c(c), except for the provisions in sections 11(b)(8)(b) and 11(b)(10). [Amdt. 1-130, 43 FR 5516, Feb. 9, 1978] Editorial Note: For Federal Register citations affecting Sec. 1.53, see the List of CFR Sections Affected which appears in the Finding Aids section of the printed volume and on GPO Access.