StatA 49 CFR 1.46

§ 1.46

49 CFR Subtitle A (10–1–02 Edition)

with the Assistant Secretary for Transportation Policy.

assigned to the Secretary by Executive
Order 12419 relating to admeasurement
of ships; and carry out Reorganization
Plan No. 1 of 1967, relating to ship
mortgages.
(e) Request the Secretary of the Navy
to build at naval shipyards Coast
Guard vessels not normally or economically obtainable from private contractors (14 U.S.C. 145(a)(1)).
(f) Administer Executive Order 11459
(34 FR 5057), relating to approval of
containers for transport under Customs
seal.
(g) Exchange information, through
the Secretary of State, with foreign
governments on matters dealing with
the safety of life and property at sea,
other than radio communications, but
not including the submission of suggestions to the Secretary of State on
international collaboration and conferences (14 U.S.C. 142).
(h) Exchange personnel, vessels, facilities, and equipment with the Secretary of the Navy to facilitate operational readiness for wartime service
with the Navy, and agree to undertake
such assignments and functions for the
mutual benefit of the Navy and Coast
Guard as are necessary and advisable,
except with respect to those exchanges
and agreements which, in the Commandant’s judgment, may have substantial political impact or adversely
affect mission performance (14 U.S.C.
145(c)).
(i) Approve retention of a rear admiral on active duty for a period not exceeding one year (14 U.S.C. 290(b)).
(j) Through the Chief Counsel, U.S.
Coast Guard, settle and pay claims
against the United States as provided
by 10 U.S.C. 2733.
(k) Award life-saving medals and
military decorations (except the Medal
of Honor, the Distinguished Service
Medal, and the Legion of Merit) and
carry out the laws and Executive orders relating to those awards (14 U.S.C.
492a, 493, 494, 496, 497, 498, 500, 501, 502;
Executive Order 4601, Mar. 1, 1926, as
amended by Executive Order 7786 (3 FR
39); Executive Order 9158 (7 FR 3541), as
amended by Executive Order 9242A (7
FR 7874); Executive Order 10637 (20 FR
7025); Executive Order 11016 (27 FR
4139); Executive Order 11046 (27 FR

[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 1.45, see the List of CFR
Sections Affected which appears in the Finding Aids section of the printed volume and
on GPO Access.

§ 1.46 Delegations to Commandant of
the Coast Guard.
The Commandant of the Coast Guard
is delegated authority to:
(a) [Reserved]
(b) Carry out all the activities of the
Coast Guard, including, but not limited
to, law enforcement, safety of life and
property at sea (excluding 46 U.S.C. 170
(7), (10) and (11)), aids to navigation,
search and rescue, icebreaking, oceanographic research and military readiness functions (49 U.S.C. 1655(b)(1)).
(c) Carry out the following laws 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:
(1) Section 7 of the Act of March 4,
1915, as amended (38 Stat. 1053; 33
U.S.C. 471);
(2) Section 5 of the Act of August 18,
1894, as amended (28 Stat. 362; 33 U.S.C.
499);
(3) The Act of June 21, 1940, as
amended (54 Stat. 497; 33 U.S.C. 511 et
seq.);
(4) The Oil Pollution Act, 1961, as
amended (75 Stat. 402; 33 U.S.C. 1001 et
seq.);
(5) Sections 9 and 18 of the Act of
March 3, 1899, as amended (30 Stat. 1151;
33 U.S.C. 401, 502);
(6) The Act of March 23, 1906, as
amended (34 Stat. 84, 33 U.S.C. 491 et
seq.) except section 3 (33 U.S.C. 493) and
that portion of section 4 (33 U.S.C. 494)
that relates to tolls.
(7) The General Bridge Act of 1946, as
amended (60 Stat. 847, 33 U.S.C. 525 et
seq.) except sections 502(c) and 503.
(d) Carry out the functions vested in
the Secretary by the Vessel Documentation Act (94 Stat. 3453, 46 U.S.C.
65a et seq.) and the Tonnage Measurement Simplification Act (94 Stat. 3461,
46 U.S.C. 71 et seq.), and the functions

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Office of the Secretary of Transportation

§ 1.46

8575); Executive Order 11448 (34 FR
915)).
(l) Carry out the functions vested in
the Secretary by sections 104(i), 104(j),
311(b), 311(j) (2) and (3), 311(m)(2), 312,
and 402(b)(6) of the Federal Water Pollution Control Act (33 U.S.C. 1321), as
amended by the Oil Pollution Act of
1990 (August 18, 1990; Pub L. 101–380; 104
Stat. 484), and sections 4202(b) (2) and
(3) of the Oil Pollution Act of 1990.
(m) Carry out the functions assigned
to the Secretary by Executive Order
12777 (3 CFR, 1991 Comp.; 56 FR 54757) in
sections 1(b), 2(a), 2(b)(2), 2(c), 2(d)(2),
2(e)(2), 2(f), 2(g)(2), 3, 5(a)(2), 5(b)(1) and
(3), 6, 7(a) (1) and (3), 7(b), 7(c), 7(d),
8(d), 8(f), 8(g), 8(h), 9, and 10(c), excepting that portion of section 2(b)(2) relating to the establishment of procedures,
methods, and equipment and other requirements for equipment to prevent
and to contain discharges of oil and
hazardous substances from pipelines,
motor carriers, and railroads; and further excepting the exercise of the authority in section 2(d)(2) over motor
carriers and railroads, other than for
operations incident to the transfer of
oil or hazardous substances to or from
vessels, and the exercise of the authority in section 2(d)(2) over pipelines.
(n) Carry out the functions vested in
the Secretary by the following statutes:
(1) [Reserved]
(2) Vessel Bridge-to-Bridge RadioTelephone Act (85 Stat. 164);
(3) Public Law 92–339, relating to the
licensing of personnel on certain towing vessels (86 Stat. 423);
(4) Port and Tanker Safety Act of
1978 (92 Stat. 1471), except sections 4, 5,
6, 7, 8, 12 and 13 of Sec. 2 to the extent
that those sections pertain to the operation of the St. Lawrence Seaway;
(5) Sections 104 (a) and (g), 107(c), 108,
201, and 302(a) of the Marine Protection, Research, and Sanctuaries Act of
1972 (Pub. L. 92–532) relating to ocean
dumping;
(6) [Reserved]
(7) Intervention on the High Seas Act
(Pub. L. 93–248) except section 13(a);
(8) Public Law 93–524 (88 Stat. 1694)
which relates to waste materials on
vessels (46 U.S.C. 77(e));
(9) Public Law 94–85 (89 Stat. 426),
which relates to carriage of additional

passengers on documented vessels in
emergency situations;
(10)(i) Section 304(a)(1) of the Independent Safety Board Act of 1974 (49
U.S.C. 1903(a)(1)) insofar as it relates to
the promulgation of joint regulations
with the National Transportation Safety Board (NTSB) governing investigations of major marine casualties and
casualties involving public and nonpublic vessels, and the conduct of accident investigations upon request of the
Board;
(ii) Section 307 of the Independent
Safety Board Act of 1974 (49 U.S.C. 1906)
insofar as it relates to responses to
NTSB recommendations regarding marine casualties;
(11) International Navigational Rules
Act of 1977 (Pub. L. 95–75, 91 Stat. 308);
(12) International Safe Container Act
(Pub. L. 95–208, 91 Stat. 1475), except
section 4(e);
(13) 14 U.S.C. 195, relating to instruction of foreign nationals at the Coast
Guard academy; and
(14) Inland Navigational Rules Act of
1980 (Pub. L. 96–591).
(o) Carry out the functions vested in
the Secretary by 14 U.S.C. 475 and Executive Order 11645, 3 CFR 371 (1973), 37
FR 2923, February 10, 1972, relating to
the rental of housing facilities at or
near Coast Guard installations.
(p) Carry out the functions vested in
the Secretary by Public Law 92–425 and
Executive Order 11687 (37 FR 21479), relating to the Retired Serviceman’s Survivor Benefit Plan.
(q) Carry out the functions vested in
the Secretary by section 5 of the International Bridge Act of 1972 (Pub. L. 92–
434) as it relates to navigable waterways other than the St. Lawrence
River.
(r) Carry out the functions vested in
the Secretary by 14 U.S.C. 657, relating
to schooling and transportation to
schools for dependents of Coast Guard
personnel.
(s) 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 process applications for the issuance, transfer or
amendment of a license for the construction and operation of a deepwater
port (33 U.S.C. 1503(b)) in coordination

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§ 1.46

49 CFR Subtitle A (10–1–02 Edition)

with the Administrator of the Maritime Administration.
(2) Carry out other functions and responsibilities vested in the Secretary
by the Deepwater Port Act of 1974, as
amended (33 U.S.C. 1501–1524), except as
reserved by § 1.44(o) and delegated by
§§ 1.53(a)(3) and 1.66(aa).
(t) Carry out the functions vested in
the Secretary by 49 U.S.C. 5101 et seq.
and 46 App. U.S.C. 3306(a)(5) to the extent they relate to regulations and exemptions governing the bulk transportation of hazardous materials that are
loaded or carried on board a vessel
without benefit of containers or labels,
and received and handled by the vessel
carrier without mark or count, and
regulations and exemptions governing
ships’ stores and supplies.
(u) Except as delegated by § 1.74,
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 transportation
or shipment of hazardous materials by
water.
(v) Carry out the functions vested in
the Secretary by the Magnuson Fishery Conservation and Management Act
(Pub. L. 94–265, as amended; 16 U.S.C.
1801 et seq.) except that the authority
to approve seizure of a foreign vessel
may not be redelegated and shall be exercised in each instance only after consultation with the Department of
State.
(w) Issue wage schedules for trades,
crafts, and laboring employees in nonappropriated fund activities.
(x) Carry out the functions vested in
the Secretary by 10 U.S.C. 2683 insofar
as it relates to the relinquishment to a
state of legislative jurisdiction of the
United States over lands and interests
under the control of the Coast Guard in
that state.
(y) Carry out the functions and responsibilities vested in the Secretary
by the Natural Gas Pipeline Safety Act
of 1968, as amended (49 U.S.C. 1671 et
seq.) relating to rulemaking so far as it
applies to liquefied natural gas facilities adjacent to the navigable waters of
the United States: Provided, That such
rulemaking is in accordance with the
Memorandum of Understanding be-

tween the Coast Guard and Materials
Transportation Bureau executed on
February 7, 1978, for regulation of such
facilities.
(z) Carry out the functions vested in
the Secretary by the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.),
as amended, title VI of the Outer Continental Shelf Lands Act Amendments
of 1978 (September 18, 1978; Pub. L. 95–
372; 92 Stat. 629), except as delegated by
§ 1.53(a)(6).
(aa) Carry out the functions vested in
the Secretary by the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1714(i)) for lands under the administration of the U.S. Coast Guard.
(bb) Carry out the functions vested in
the Secretary by the Act of September
10, 1976 (90 Stat. 1236, 46 U.S.C. 420) relating to the issuance of permits exempting specific cargo-carrying vessels
operating within the State of Alaska
from all or part of 46 U.S.C. 88, 391,
391a, and 404 and the regulations issued
thereunder.
(cc) Carry out the requirements of
section 146 of the Surface Transportation Assistance Act of 1978 (Pub. L.
95–599, 92 Stat. 2689) relating to foreign–
built hovercraft in Alaska.
(dd) Exercise all functions of the
General Services Administrator pertaining to the acquisition of special
purpose space in urban centers, as defined in 41 CFR 101–18.102, to house U.S.
Coast Guard Recruiting Offices pursuant to the Federal Property and Administrative Services Act of 1949 (63
Stat. 377), as amended, and to acquire
such space by firm term leases up to
five (5) years in accordance with the
authority contained in section 210(h)
(1) of the Federal Property and Administrative Services Act of 1949, as
amended. Provided, that such authority is exercised in accordance with the
Memorandum of Understanding between the Department of Transportation and the General Services Administration executed on January 27,
1981, for implementation of this delegation.
(ee) Carry out all functions vested in
the Secretary in any capacity by the
Ocean Thermal Energy Conversion Act
of 1980 (Pub. L. 96–320, August 3, 1980),
except title II.

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(ff) Carry out the functions vested in
the Secretary by:
(1) Section 108(a)(3) of the Comprehensive Environmental Response,
Compensation, and Liability Act, as
amended (42 U.S.C. 9608(a)(3)), and by
sections 7(b)(1), 7(b)(2), and 7(c) (2) of
Executive Order 12580 relating to vessel
financial responsibility; and
(2) Sections 2(e)(1), 2(e)(2), 2(i), 2(j)(1),
2(j)(2), 2(k), 3(a), 4(b)(1), 4(b)(2), 6(c),
9(d), 9(i), and 11(b)(2) of Executive
Order 12580 relating to facilities and
vessels under the jurisdiction, custody,
or control of the Coast Guard.
(gg) Carry out the functions, relating
to releases or threatened releases involving the coastal zone, Great Lakes
waters, and ports and harbors, vested
in the Secretary by sections 2(f), 2(i),
2(j)(2), 2(k), 4(c)(1), 4(c)(2), 5(b), 6(c),
9(d), 9(i), and 11(b)(2) of Executive
Order 12580 insofar as they relate to:
(1) Responses to releases or threats of
releases from vessels;
(2) Emergency action concerning releases or threats of releases at facilities other than active or inactive
‘‘hazardous waste management facilities’’ (as defined in 40 CFR 270.2); and
(3) Emergency action concerning releases or threats of releases at active
or inactive ‘‘hazardous waste management facilities’’ only when the Coast
Guard On-Scene Coordinator determines that such action must be taken
pending the arrival on scene of an Environmental Protection Agency (EPA)
On-Scene Coordinator (OSC). Unless
otherwise agreed upon by the EPA and
Coast Guard, this authority will not be
exercised unless the EPA OSC is scheduled to arrive on scene within 48 hours
of notification of the release or threat
of release.
As used in this paragraph ‘‘emergency
action’’ includes any removal action
which, in the view of the Coast Guard
On-Scene Coordinator, must be taken
immediately to prevent or mitigate
immediate and significant danger to
the public health, welfare, or the environment. Situations in which such actions may be taken include, but are not
limited to, fire, explosions, and other
sudden releases; human, animal, or
food chain exposure to acutely toxic
substance; and the contamination of a
drinking water supply. All functions

listed in this paragraph include the authority to contract for, obligate monies for, and otherwise arrange for and
coordinate the responses included within such functions.
(hh) Carry out the functions vested
in the Secretary by the Act to Prevent
Pollution from Ships (October 21, 1980;
Pub. L. 96–478; 94 Stat. 2297) except section 10(b) and (c) and except as limited
by § 1.47(n), § 1.52(c), and § 1.66(u) of this
title.
(ii) Carry out the functions vested in
the Secretary by the Deep Seabed Hard
Mineral Resources Act (June 21, 1980;
Pub. L. 96–283; 94 Stat. 553), except section 118.
(jj) Carry out the functions vested in
the Secretary to convene and approve a
Coast Guard Reserve Policy Board as
provided in 14 U.S.C. 703.
(kk) Carry out the functions vested
in the Secretary by the Fisheries
Amendments of 1982 (Pub. L. 97–389; 96
Stat. 1949) relating to implementation
of the Convention for the Conservation
of Salmon in the North Atlantic Ocean
and to documentation and certification
of inspection of certain vessels.
(ll) Carry out the functions vested in
the Secretary by sections 1004(d)(2)(C),
1015(b), 1016, 4107(b), 4109, 4110, 4111,
4114(a), 4115(b), 4115(e), 4116(c), 4118,
4203, 5002(c)(4), 5002(i), 5002(k), 5003, 5004,
5005(a)(5), 7001(a), 7001(b)(2) and 7001(c)
(6) and (11) of the Oil Pollution Act of
1990 (August 18, 1990; Pub. L. 101–380; 104
Stat. 484). (See 49 CFR 1.53 and 1.66).
(mm)–(oo) [Reserved]
(pp) Except as specifically reserved in
49 CFR 1.44, carry out the responsibilities of, and exercise the authority of
the Secretary contained in the Uniform
Code of Military Justice, chapter 47 of
title 10 United States Code, and the
Manual for Courts-Martial, United
States.
(qq) Carry out the functions and exercise the authority vested in the Secretary by 14 U.S.C. 659 relating to providing assistance to film producers and
obtaining reimbursement for assistance provided.
(rr) Carry out the functions and exercise the authority vested in the Secretary by 10 U.S.C. 1588 to accept voluntary services.
(ss) [Reserved]

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(tt) Carry out the functions and exercise the authority vested in the Secretary by chapter 19, title 14 U.S.C., to
establish and carry out a program of
environmental compliance and restoration at current and former Coast Guard
facilities and to expend funds from the
Environmental Compliance and Restoration Account.
(uu) Carry out the functions and exercise the authorities vested in the
Secretary by subtitle II of Title 46,
United States Code, ‘‘Vessels and Seaman’’ as amended through Public Law
105–394, 112 Stat. 3627, as follows:
(1) Part A, General Provisions, Section 2101 to end, without exception;
(2) Part B, Inspection and Regulations, Section 3101 to end, except the
authority under Section 3316(a) to appoint Government representatives to
the executive committee of the American Bureau of Shipping; which is retained by the Secretary; and the authority under Section 4508 to establish,
and appoint members to, the Commercial Fishing Industry Vessel Advisory
Committee. Note that the authority
under Section 3101 to suspend provisions of this part is vested in the President and is not redelegated;
(3) Part C, Load Lines of Vessels,
Section 5101 to end, without exception;
(4) Part D, Marine Casualties, Section 6101 to end, without exception;
(5) Part E, Merchant Seaman Licenses, Certificates, and Documents,
Part 7101 to end, without exception;
(6) Part F, Manning of Vessels, Section 8101 to end, except the authority
to require federal pilots on the Saint
Lawrence Seaway, which under Section
8503(c) may only be delegated to the
Saint Lawrence Seaway Development
Corporation, and the authority under
Section 9307 to establish, and appoint
members to, a Great Lakes Pilotage
Advisory Committee, which is retained
by the Secretary;
(7) Part G, Merchant Seaman Protection and Relief, Section 10101 to end,
without exception;
(8) Part H, Identification of Vessels,
Section 12101 to end, except that administration of Section 12102(c) with
respect to fishing vessels 100 feet or
greater in registered length has been
delegated to the Maritime Administrator in accordance with the Amer-

ican Fisheries Act, Public Law 105–277,
112 Stat. 268, Section 203(c);
(9) Part I, State Boating Safety Programs, Section 13101 to end, except the
authority under 46 U.S.C. 13110 to appoint members to the National Boating
Safety Advisory Council, which is retained by the Secretary; and
(10) Part J, Measurement of Vessels,
Section 14101 to end, without exception.
(vv) Carry out the functions and exercise the authorities vested in the
Secretary by 46 United States Code
Subtitle III, ‘‘Maritime Liability’’ as
amended through Public Law 105–394,
except the following authorities:
(1) Section 31308, which authorizes
the Secretary to foreclose on certain
liens when the Secretary of Commerce
or Transportation is a mortgagee; and
(2) Sections 31329(c) and (d), which
authorize the Secretary to take certain
actions with respect to mortgagees and
other purchasers of vessels by court
order.
(ww) Carry out the functions and exercise the authority vested in the Secretary by 16 U.S.C. 4711, which pertain
to establishing and enforcing regulations to prevent the introduction and
spread of aquatic nuisance species into
the Great Lakes and other waters of
the United States through the ballast
water of vessels. This authority may be
redelegated.
(xx) Carry out the functions and exercise the authority vested in the Secretary by 33 U.S.C. 1226 to prevent or
respond to acts of terrorism and 46
U.S.C. app. 1803, subsections (a) and (b),
to assess the state of security standards at foreign ports. This authority
may be redelegated.
(yy) Carry out the functions and exercise the authority vested in the Secretary by 42 U.S.C. 7511b(f), concerning
tank vessel emissions, to promulgate
safety regulations, to consult with the
Administrator of the Environmental
Protection Agency concerning emission standards, and to enforce compliance of emission standards as determined by such consultation. This authority may be redelegated.
(zz) [Reserved]
(aaa) Establish the promotion zone
for rear admiral (lower half), provided
all captains eligible for consideration

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under
the
provisions
of
section
257(a)(5), Title 14, U.S. Code, are placed
in the zone.
(bbb) Remove an officer from active
duty under section 326, Title 14, U.S.
Code.
(ccc)–(ggg) [Reserved]
(hhh) Carry out the functions and exercise the authority vested in the Secretary by 16 U.S.C. 2405 to issue such
regulations as are necessary and appropriate to implement the Antarctic
Science, Tourism, and Conservation
Act of 1996, Pub. L. No. 104–227, 110
Stat. 3034.
(iii) Carry out the functions and responsibilities and exercise the authorities vested in the Secretary by the
Coast Guard Authorization Act of 1996,
Pub. L. 104–324.
(jjj) Carry out the functions and responsibilities and exercise the authorities vested in the Secretary by the National Defense Authorization Bill of
Fiscal Year 1995, Pub. L. 103–337, pertaining to benefits for Coast Guard
members that are being separated or
have recently been separated (10 U.S.C.
Chapter 58).
(kkk) Carry out the functions and responsibilities and exercise the authorities vested in the Secretary by 14
U.S.C. 670 pertaining to procurement
authority for Coast Guard family housing and by 14 U.S.C. 672 pertaining to
long-term lease authority for navigation and communications systems
sites.
(lll) Carry out the functions and responsibilities and exercise the authorities vested in the Secretary by 33
U.S.C. 1908(b), that pertain to payments of civil penalties assessed for
violations of the MARPOL Protocol,
Annex IV to the Antarctic Protocol, or
regulations issued thereunder, to persons who provide information leading
to the assessment of such penalties.
(mmm) [Reserved]
(ooo) Carry out the functions and responsibilities and exercise the authorities vested in the Secretary by the National Defense Authorization Act for
Fiscal Year 1998, Pub. L. 105–85, pertaining to authority for personnel to
participate in management of certain
non-Federal entities (10 U.S.C. Chapters 53 and 81).

(ppp) Carry out the functions and exercise the authority vested in the Secretary by the following statutes:
(1) 16 U.S.C. 5106(h), relating to authorization of a person to enforce a
moratorium declared under 16 U.S.C.
5106(c), pursuant to the Atlantic Coastal Fisheries Cooperative Management
Act of 1993, as amended, Pub. L. 103–206,
107 Stat. 2447.
(2) 16 U.S.C. 3375(a), relating to the
enforcement of the Lacey Act Amendments of 1981, as amended, Pub. L. 97–
79, 95 Stat. 1073.
(3) 16 U.S.C. 1540(e) and (f), relating
to promulgation of regulations under,
and the enforcement of the Endangered
Species Act of 1973, as amended, Pub.
L. 93–205, 81 Stat. 844.
(4) 16 U.S.C. 971c and 971d, relating to
the enforcement of the Atlantic Tunas
Convention Act of 1975, as amended,
Pub. L. 94–70, 89 Stat. 385.
(5) 16 U.S.C. 972e and 972g, relating to
promulgation of regulations under, and
enforcement of the Eastern Pacific
Tuna Licensing Act of 1984, as amended, Pub. L. 98–445, 98 Stat. 1715.
(6) 16 U.S.C. 5008(a), relating to the
enforcement of the North Pacific Anadromous Stocks Convention Act of 1992,
as amended, Pub. L. 102–587, 106 Stat.
5098.
(7) 16 U.S.C. 3636 and 3637, relating to
promulgation of regulations under, and
the enforcement of the Pacific Salmon
Treaty Act of 1985, as amended, Pub. L.
No. 99–5, 99 Stat. 7.
(8) 16 U.S.C. 1156 and 1172(a), relating
to the enforcement of the Fur Seal Act
of 1966, as amended, Pub. L. 89–702, 80
Stat. 1091.
(9) 16 U.S.C. 2409, relating to the enforcement of the Antarctic Conservation Act of 1978, as amended, Pub. L.
95–541, 92 Stat. 2048.
(10) 16 U.S.C. 2434(b), 2436, and 2439,
relating to conservation measures and
promulgation of regulations under, and
enforcement of the Antarctic Living
Marine Resources Convention Act of
1984, as amended, Pub. L. 98–623, 98
Stat. 3398.
(11) 16 U.S.C. 773i, relating to the enforcement of the North Pacific Halibut
Act of 1982, as amended, Pub. L. 97–176,
96 Stat. 78.
(12) 16 U.S.C. 5506, relating to the enforcement of the High Seas Fishing

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Compliance Act of 1995, as amended,
Pub. L. 104–43, 109 Stat. 367.
(13) 16 U.S.C. 5606(e), relating to the
enforcement of the Northwest Atlantic
Fisheries Compliance Act of 1995, as
amended, Pub. L. 104–43, 109 Stat. 377.
(qqq) Carry out the functions and exercise the authority vested in the Secretary by section 346 of Pub. L. 105–66,
titled the Department of Transportation and Related Agencies Appropriations Act, 1998, to establish, operate,
and manage the Nationwide Differential
Global
Positioning
System
(NDGPS), except for the related function of determining the Federal requirements for the NDGPS, which is
delegated to the Federal Railroad Administrator, and except for the related
function of acting as lead DOT agency
in matters relating to the National Environmental Policy Act, which is delegated to the Federal Highway Administrator.
(rrr) Implement and enforce two
mandatory ship reporting systems, in
cooperation with the International
Maritime Organization, pursuant to
the Coast Guard Authorization Act of
1998, (Pub. L. 105–383), section 313, codified at 33 U.S.C. 1230(d).
(sss) Carry out the functions and exercise the authorities vested in the
Secretary by sections 203(b), 203(d), 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
less than 100 feet; and by 203(f) of division c, title II, Public Law 105–277.
(ttt) Carry out the functions and exercise the authority vested in the Secretary by Title XIV—Certain Alaskan
Cruise Ship Operations, Public Law
106–554 to regulate the discharge of
sewage and graywater by cruise vessels
into the waters of the Alexander Archipelago, as defined in that law, and the
navigable waters of the United States
within the State of Alaska and within
Kachemak Bay National Estuarine Research Reserve.
(uuu) Carry out the functions and responsibilities and exercise the authorities vested in the Secretary by Section
5001(c)(1)(B) of the Oil Pollution Act of
1990 (OPA 90), 33 U.S.C. 2731, pertaining
to appointment authority for a representative to the Advisory Board of

the Prince William Sound Spill Recovery Institute.
(vvv) Carry out the functions and exercise the authority vested in the Secretary by 10 U.S.C. 1059 to establish a
program to pay monthly transitional
compensation to dependents of Coast
Guard members who were separated for
dependent abuse offenses.
(Sec. 9(e), Department of Transportation
Act, 49 U.S.C. 1657(e); 49 CFR 1.57(l); 49 U.S.C.
322)
[Amdt. 1–113, 40 FR 43901, Sept. 24, 1975]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 1.46, see the List of CFR
Sections Affected which appears in the Finding Aids section of the printed volume and
on GPO Access.

§ 1.47 Delegations to Federal Aviation
Administrator.
The Federal Aviation Administrator
is delegated authority to:
(a) Carry out the powers and duties
transferred to the Secretary of Transportation by, or subsequently vested in
the Secretary by virtue of, section
6(c)(1) of the Department of Transportation Act (49 U.S.C. 1655(c)(1)), including those pertaining to aviation safety
(except those related to transportation,
packaging, marking, or description of
hazardous materials) and vested in the
Secretary by section 308(b) of title 49
U.S.C. and sections 306–309, 312–314,
1101, 1105, and 1111 and titles VI, VII, IX
(excluding section 902(h)), and XII of
the Federal Aviation Act of 1958, as
amended.
(b) Carry out title XIII of the Federal
Aviation Act of 1958, as amended (72
Stat. 800; 49 U.S.C. 1531 et seq.), relating
to aviation insurance.
(c) Carry out the functions vested in
the Secretary by the Act of September
7, 1957 (71 Stat. 629; 49 U.S.C. 1324 note),
as amended by section 6(a)(3)(B) of the
Department of Transportation Act, relating to the guarantee of aircraft purchase loans, and those functions which
relate to the issuance of obligations to
finance the expenses of such guarantees.
(d) Administer Executive Orders 11419
and 11322 relating to prohibited aviation operations and the prohibited carriage of commodities and products to
and from Southern Rhodesia. Carry out

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