[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: 49CFR1.74]

[Page 46-47]
 
                        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.  1.74  Delegations to the Associate Deputy Secretary and Director, 
Office of Intermodalism.

    The Associate Deputy Secretary and Director, Office of Intermodalism 
is delegated authority under the Federal hazardous material 
transportation law, 49 U.S.C. 5101 et seq., to:
    (a) Serve as the principal adviser to the Secretary on all 
intermodal and cross-modal hazardous materials matters;
    (b) Act as the focal point for review of hazardous materials 
policies, priorities, and objectives;
    (c) Provide oversight for planning and budgeting strategies for all 
departmental hazardous materials activities;
    (d) Resolve disputes among Operating Administrations on hazardous 
materials issues;
    (e) Provide external reviews and continual monitoring of all 
departmental hazardous materials activities;
    (f) In coordination with the Assistant Secretary for Budget and 
Programs, direct that the Operating Administrations apply resources to 
specific cross-modal initiatives;
    (g) Coordinate DOT-wide hazardous materials outreach and data 
activities; and
    (h) Address other regulatory and programmatic cross-modal issues 
related to hazardous materials as warranted.

[65 FR 49765, Aug. 15, 2000]

   Appendix A to Part 1--Delegations and Redelegations by Secretarial 
                                Officers

    1. Director of Budget. The Assistant Secretary for Budget and 
Programs has redelegated to the Director of Budget authority to:
    (a) Request apportionment and 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.
    (b) Issue allotments or allocations of funds to components of the 
Department.
    2. Chief Counsels. The General Counsel has delegated to the Chief 
Counsels the authority delegated to the General Counsel by Amendment 1-
41 to part 1 of title 49, Code of Federal Regulations, 35 FR 17653, 
November 17, 1970, as follows:
    Section 855 of the Revised Statutes, as amended by Public Law 91-
393, 84 Stat. 835 (40 U.S.C. 255) authorizes the Attorney General to 
delegate to other departments and agencies his authority to give written 
approval of the sufficiency to the title to land being acquired by the 
United States. The Attorney General has delegated to the Assistant 
Attorney General in charge of the Land and Natural Resources Division 
the authority to make delegations under that law to other Federal 
departments and agencies (35 FR 16084; 28 CFR 0.66). The Assistant 
Attorney General, Land and Natural Resources Division, has further 
delegated certain responsibilities in connection with the approval of 
the sufficiency of the title to land to the Department of Transportation 
as follows:

 delegation to the department of transportation for the approval of the 
        title to lands being acquired for federal public purposes

    Pursuant to the provision of Public Law 91-393, approved September 
1, 1970, 84 Stat. 835, amending R.S. 355 (40 U.S.C. 255), and acting 
under the provisions of Order No. 440-70 of the Attorney General, dated 
October 2, 1970, the responsibility for the approval of the sufficiency 
of the title to land for the purpose for which the property is being 
acquired by purchase or condemnation by the United States for the use of 
your Department is, subject to the general supervision of the Attorney 
General and to the following conditions, hereby delegated to your 
Department.
    This delegation of authority is further subject to:
    1. Compliance with the regulations issued by the Assistant Attorney 
General on October 2, 1970, a copy of which is enclosed.
    2. This delegation is limited to:
    (a) The acquisition of land for which the title evidence, prepared 
in compliance with these regulations, consists of a certificate of 
title, title insurance policy, or an owner's duplicate Torrens 
certificate of title.
    (b) The acquisition of lands valued at $100,000 or less, for which 
the title evidence consists of abstracts of title or other types of 
title evidence prepared in compliance with said regulations.
    As stated in the above-mentioned Act, any Federal department or 
agency which has been delegated the responsibility to approve land 
titles under the Act may request the Attorney General to render his 
opinion as to the validity of the title to any real property

[[Page 47]]

or interest therein, or may request the advice or assistance of the 
Attorney General in connection with determinations as to the sufficiency 
of titles.
    The Chief Counsels of the Federal Aviation Administration, Federal 
Highway Administration, Federal Railroad Administration, National 
Highway Traffic Safety Administration, Federal Transit Administration, 
the St. Lawrence Seaway Development Corporation, Maritime 
Administration, and Research and Special Programs Administration are 
hereby authorized to approve the sufficiency of the title to land being 
acquired by purchase of condemnation by the United States for the use of 
their respective organizations. This delegation is subject to the 
limitations imposed by the Assistant Attorney General, Land and Natural 
Resources Division, in his delegation to the Department of 
Transportation. Redelegation of this authority may only be made by the 
Chief Counsels to attorneys within their respective organizations.
    If his organization does not have an attorney experienced and 
capable in the examination of title evidence, a Chief Counsel may, with 
the concurrence of the General Counsel, request the Attorney General to 
(1) furnish an opinion as to the validity of a title to real property or 
interest therein, or (2) provide advice or assistance in connection with 
determining the sufficiency of the title.

(49 CFR 1.45(a) and 1.53(a); 49 U.S.C. 322)

[Amdt. 1-113, 40 FR 43901, Sept. 24, 1975]

    Editorial Note: For Federal Register citations affecting appendix A 
to part 1, see the List of CFR Sections Affected which appears in the 
Finding Aids section of the printed volume and on GPO Access.