[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: 49CFR1.66]

[Page 39-41]
 
                        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.  1.66  Delegations to Maritime Administrator.

    With the exception of those authorities delegated to the Maritime 
Subsidy Board in Sec.  1.67 of this title, the Maritime Administrator is 
delegated authority to:
    (a) Carry out sections 9, 12, 14a, 21a, 37, 38, 40, 41, and 42 of 
the Shipping Act, 1916, as amended (46 App. U.S.C. 801 et seq.);
    (b) Carry out the Merchant Marine Act, 1920, as amended (46 App. 
U.S.C. 861 et seq.), including the Ship Mortgage Act, 1920, as amended 
(46 App. U.S.C. 921 et seq.);
    (c) Carry out the Merchant Marine Act, 1928, as amended (46 App. 
U.S.C. 891 et seq.);
    (d) Carry out section 7 of the Intercoastal Shipping Act, 1933, as 
amended (46 App. U.S.C. 843 et seq.);

[[Page 40]]

    (e) Carry out the Merchant Marine Act, 1936, as amended (46 App. 
U.S.C. 1101 et seq.); except the authority delegated to the 
Administrator of the National Oceanic and Atmospheric Administration 
relating to the establishment of capital construction fund agreements 
under section 607 thereof and the granting of financing guarantees under 
title XI thereof, with respect to vessels in the fishing trade or 
industry;
    (f) Carry out the Merchant Ship Sales Act of 1946, as amended (50 
U.S.C. App. 1735 et seq.);
    (g) Carry out the Suits in Admiralty Act (1920), as amended (46 App. 
U.S.C. 741 et seq.);
    (h) Carry out the Civilian Nautical School Act, 1940 (46 App. U.S.C. 
1331 et seq.);
    (i) Carry out the Act of June 2, 1951 (46 App. U.S.C. 1241a) 
regarding the ``Vessel Operations Revolving Fund'';
    (j) Carry out the Act of August 9, 1954 (50 U.S.C. 196 et seq.) 
commonly called the Emergency Foreign Vessels Acquisition Act;
    (k) Carry out the Merchant Marine Decorations and Medals Act of 1988 
(46 App. U.S.C. 2001 et seq.);
    (l) Carry out the Maritime Academy Act of 1958, as amended (46 App. 
U.S.C. 1381 et seq.);
    (m) Carry out the Act of May 16, 1972, as amended (86 Stat. 140) 
authorizing sale or purchase of certain passenger vessels;
    (n) Carry out the Act of August 22, 1972 (86 Stat. 618) authorizing 
sale of Liberty ships for use as artificial reefs;
    (o) Carry out section 717 of the Act of October 26, 1972 (86 Stat. 
1184) commonly known as the Department of Defense Appropriations Act, 
1973, and similar subsequent enactments, with respect to transferring or 
otherwise making available vessels under the jurisdiction of the 
Maritime Administration to another Federal agency or, similarly, 
accepting vessels from another Federal agency;
    (p) Carry out the provisions of sections 10 through 13 of Public Law 
103-451, the National Maritime Heritage Act of 1994, 108 Stat. 4769, 
4778-4782;
    (q) Exercise the authority vested in the Administrator of General 
Services by the Act of June 1, 1948, Public Law 80-566, 62 Stat. 281, 40 
U.S.C. 318-318c and the Federal Property and Administrative Services Act 
of 1949, as amended, 63 Stat. 377, and delegated to the Secretary of 
Transportation by the Administrator of General Services on March 23, 
2000, relating to the enforcement of laws for the protection of property 
and persons at the United States Merchant Marine Academy, located in 
Kings Point, New York. This may be accomplished through appointment of 
uniformed personnel as special police, establishment of rules and 
regulations governing conduct on the affected property, and execution of 
agreements with other Federal, State, or local authorities.
    (r) Carry out the responsibilities of the National Shipping 
Authority (initially established by the Secretary of Commerce effective 
March 13, 1951) in the capacity of Director, National Shipping 
Authority;
    (s) Carry out the Maritime Education and Training Act of 1980 (46 
App. U.S.C. 1295), as amended;
    (t) Carry out all other activities previously vested in the 
Secretary of Commerce and transferred pursuant to Public Law 97-31;
    (u) Carry out the functions vested in the Secretary by section 3(d) 
of the Act to Prevent Pollution from Ships (33 U.S.C. 1902(d)) as it 
relates to ships owned or operated by the Maritime Administration when 
engaged in noncommercial service;
    (v) Carry out the responsibilities and exercise the authorities of 
the Secretary of Transportation under the Maritime Security Act of 1996, 
Public Law 104-239;
    (w) Carry out the provisions of subtitle B of Public Law 101-624;
    (x) Carry out the responsibilities and exercise the authorities of 
the Secretary of Transportation under sections 1008, 1009, and 1013 of 
Public Law 104-324;
    (y) Carry out the functions vested in the Secretary by the Oil 
Pollution Act of 1990 (August 18, 1990; Pub. L. 101-380; 104 Stat. 484) 
in sections 4115(f) relating to vessel financing and 4117 relating to a 
feasibility study of an oil pollution prevention program. (See 49 CFR 
1.46 and 1.53).

[[Page 41]]

    (z) Carry out the functions vested in the Secretary by Section 2927, 
Title XXIX of the National Defense Authorization Act of 1994 (Public Law 
103-160; November 30, 1993) relating to authority to convey surplus real 
property to public entities for use in the development or operation of 
port facilities.
    (aa) Carry out the following powers and duties vested in the 
Secretary by the Deepwater Port Act of 1974, as amended (33 U.S.C. 1501-
1524):
    (1) The authority to issue, transfer, amend, or reinstate a license 
for the construction and operation of a deepwater port (33 U.S.C. 
1503(b)).
    (2) The authority to process applications for the issuance, 
transfer, amendment, or reinstatement of a license for the construction 
and operation of a deepwater port (33 U.S.C. 1503(b)), as amended, in 
coordination with the Commandant of the Coast Guard.
    (3) Approval of fees charged by adjacent coastal States for use of a 
deepwater port and directly related land-based facilities (33 U.S.C. 
1504(h)(2)).
    (4) In collaboration with the Assistant Secretary for Aviation and 
International Affairs and the Assistant Secretary for Transportation 
Policy, consultation with the Secretary of State relating to 
international actions and cooperation in the economic, trade and general 
transportation policy aspects of the ownership and operation of 
deepwater ports (33 U.S.C. 1510).
    (5) Submission of notice of the commencement of a civil suit (33 
U.S.C. 1515(b)(2)).
    (6) Intervention in any civil action to which the Secretary is not a 
party (33 U.S.C. 15150).
    (7) Authority to request the Attorney General to seek the suspension 
or termination of a deepwater port license and to initiate a proceeding 
before the Surface Transportation Board (33 U.S.C. 1507, 1511(a)).
    (bb) Carry out the functions and exercise the authorities vested in 
the Secretary by sections 202(b), 203(b), 203(g), and 213(g) of division 
c, title II, Public Law 105-277, which relate to ownership and control 
requirements for vessel fishery endorsements for vessels measuring 100 
feet and greater.
    (cc) Exercise the authority vested in the Secretary of 
Transportation by section 408(a) of Public Law 105-383 approved November 
13, 1998, (112 Stat. 3411 and 3430), 46 U.S.C. 2302(e), relating to the 
enforcement of the prohibition of shipment of Government-impelled 
cargoes on vessels if (1) the vessel has been detained and determined to 
be substandard by the Secretary of Transportation for violation of an 
international safety convention to which the United States is a party; 
or (2) the operator of the vessel has on more than one occasion had a 
violation of an international safety convention to which the United 
States is a party. The term ``Government-impelled cargo'' means cargo 
for which a Federal agency contracts directly for shipping by water or 
for which (or the freight of which) a Federal agency provides financing, 
including financing by grant, loan, or loan guarantee, resulting in 
shipment of the cargo by water.
    (dd) Carry out the functions and exercise the authority vested in 
the Secretary by section 109 of the Maritime Transportation Security Act 
of 2002, Public Law 107-295, 116 Stat. 2064, provide training for 
maritime security professionals. This authority may be redelegated.

[Amdt. 1-164, 46 FR 47459, Sept. 28, 1981]

    Editorial Note: For Federal Register citations affecting Sec.  1.66, 
see the List of CFR Sections Affected which appears in the Finding Aids 
section of the printed volume and on GPO Access.