49 Cfr 1.66

§ 1.66

49 CFR Subtitle A (10–1–08 Edition)
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

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§ 1.66 Delegations to Maritime Administrator.
With the exception of those authorities delegated to the Maritime Subsidy
Board in § 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.);
(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

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Office of the Secretary of Transportation
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).
(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 landbased 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

§ 1.66
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.
(ee) Carry out the functions and exercise the authorities vested in the Secretary by section 3517 of Title XXXV of
Public Law 108–136 which relates to the

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§ 1.67

49 CFR Subtitle A (10–1–08 Edition)
21 of the Shipping Act, 1916, as amended, and making reports and recommendations to Congress) and section
202(b)(3) of Reorganization Plan No. 7
of 1961, insofar as said functions relate
to the functions described in paragraph
(a)(1) of this section.
(3) Execute and sign, by and through
any member of the Board or the Secretary or an Assistant Secretary of the
Board, contracts and other documents
authorized or approved by the Board
pursuant to paragraphs (a)(1) and (a)(2)
of this section. The execution of such
contracts or documents may be attested, under the seal of the Department of Transportation, by the Secretary or an Assistant Secretary of the
Maritime Subsidy Board.
(b) The Maritime Subsidy Board may
exercise other authorities of the Secretary of Transportation as applicable
to performing the functions assigned to
the Board in this part.
(c) The Board is composed of the
Maritime Administrator, the Deputy
Maritime Administrator, and the Chief
Counsel of the Administration, and
during a vacancy in any one of those
offices, the person acting in such capacity shall be a member of the Board,
unless the Secretary of Transportation
designates another person. In case
there still is a vacancy in the Board or
in the absence or disability of one of its
members, the Secretary of the Maritime Administration and Maritime
Subsidy Board, or any other persons
designated by the Secretary of Transportation, shall act as a member or
members of the Board. Each member of
the Board, while serving in that capacity, shall act pursuant to direct authority from the Secretary of Transportation and exercise judgment independent of authority otherwise delegated to the Maritime Administrator.
The Maritime Administrator or the
Acting Maritime Administrator serves
as Chairperson of the Board. The concurring votes of two members shall be
sufficient for the disposition of any
matter which may come before the
Board.
(d) The Chairperson of the Maritime
Subsidy Board may make use of officers and employees of the Maritime
Administration to perform activities

Maintenance and Repair Reimbursement Pilot Program.
(ff) Carry out the functions and exercise the authorities vested in the Secretary by Subtitle V of title 46 United
States Code, which establishes the
Maritime Security Fleet.
(gg) Carry out the functions and exercise the authorities vested in the
Secretary by Subtitle D of Title XXXV
of Public Law 108–136, which relates to
the National Defense Tank Vessel Construction Assistance Program.
(hh) Carry out the functions and exercise the authorities vested in the
President by section 1019 of Pub. L. 109–
364 and delegated to the Secretary by
the President.
[Amdt. 1–164, 46 FR 47459, Sept. 28, 1981]

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EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 1.66, see the List of CFR
Sections Affected which appears in the Finding Aids section of the printed volume and
on GPO Access.

§ 1.67 Delegations to Maritime Subsidy
Board.
(a) The Maritime Subsidy Board is
delegated authority to:
(1) Carry out all functions previously
vested in the Secretary of Commerce
pursuant to section 105(1) (except the
last proviso thereto and readjustments
in determinations of operating cost differentials not requiring a hearing and
contractual changes reducing or realigning service requirements not involving additional subsidy or requiring
a section 605(c) hearing under the Act
(46 App. U.S.C. 1175(c)), section 105(2),
and, insofar as applicable to these functions, section 105(3) of Reorganization
Plan No. 21 of 1950, and section 202(b)(1)
of Reorganization Plan No. 7 of 1961,
except investigations, hearings and determinations, including changes in determinations, with respect to minimum manning scales, minimum wage
scales, and minimum working conditions referred to in section 301(a) of the
Merchant Marine Act, 1936, as amended
(46 App. U.S.C. 1101 et seq.).
(2) Carry out all functions previously
vested in the Secretary of Commerce
pursuant to section 103(e) of Reorganization Plan No. 7 of 1961 and section
202(b)(2) (except requiring the filing of
reports,
accounts,
records,
rates,
charges, and memoranda under section

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