49 CFR 1.93 Delegations to the Maritime Administrator

Office of the Secretary of Transportation

§ 1.93
(h) Carry out the following powers
and duties and exercise the authorities
vested in the Secretary by the Deepwater Port Act of 1974, Public Law 93–
627, as amended (33 U.S.C. 1501 et seq.):
(1) Section 4: 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) Section 4: 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)), in coordination with the Commandant of the Coast Guard;
(3) Section 5(h)(2): 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) Section 4: Make Adjacent Coastal
State designations pursuant to 33
U.S.C. 1508(a)(2);
(5) Section 11: 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);
(6) Section 16(b): Submission of notice of the commencement of a civil
suit (33 U.S.C. 1515(b));
(7) Section 16(c): Intervention in any
civil action to which the Secretary is
not a party (33 U.S.C. 1515(c));
(8) Sections 8(b), 12: 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);
(i) 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, 46
U.S.C. 70101 note, to provide training
for maritime security professionals;
(j) Exercise all the powers of the Secretary under 49 U.S.C. 336 with respect
to civil penalties;
(k) Carry out all of the duties, authorities and powers of the Secretary

§ 1.93 Delegations to the Maritime Administrator.
The Maritime Administrator is delegated authority to:
(a) Carry out the functions and exercise the authorities vested in the Secretary under Subtitle V of title 46,
U.S.C., except for 46 U.S.C. 51303 and
55601(c) and (d);
(b) Carry out the functions and exercise the authorities vested in the Secretary under Subtitle III of title 46,
U.S.C.;
(c) Carry out the functions and exercise the authorities vested in the Secretary under the Merchant Ship Sales
Act of 1946, as amended (50 U.S.C. App.
1735 et seq.);
(d) Carry out the functions and exercise the authorities vested in the Secretary under 50 U.S.C. App 1744 with respect to the National Shipping Authority;
(e) 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, Public Law 81–152, 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.
(f) Carry out the functions and exercise the authorities 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;
(g) Carry out the functions vested in
the Secretary by 40 U.S.C. 554 relating
to authority to convey surplus real
property to public entities for use in
the development or operation of port
facilities;

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§ 1.93

49 CFR Subtitle A (10–1–24 Edition)
of property under 41 CFR 102–72.30, Delegations of Authority;
(q) Carry out all of the duties, authorities and powers vested in the Secretary by 46 U.S.C. 70101 note, to provide training for maritime security
professionals;
(r) Carry out the duties, authorities
and powers of the Secretary under the
following statutes:
(1) Title XV, Subtitle B of the Food,
Agriculture, Conservation, and Trade
Act of 1990, Public Law 101–624 (104
Stat. 3359, 3665), 7 U.S.C. 1421 and Chapter 553 of Title 46, U.S.C., authorizing
the Secretary to designate ‘‘American
Great Lakes’’ vessels that are exempt
from the restrictions relating to the
carriage of preference cargoes;
(2) 46 U.S.C. 2302(e) (determination of
substandard vessels);
(3) Section 304(a) of Coast Guard and
Maritime Transportation Act of 2006, 33
U.S.C. 1503(i), a program to promote
liquefied natural gas tanker transportation;
(4) Section 306 of Public Law 111–281,
concerning the phaseout of vessels supporting oil and gas development;
(s) Carry out the functions and exercise the authorities vested in the President by Section 1019 of John Warner
National Defense Authorization Act for
Fiscal Year 2007 (Pub. L. 109–364) and
delegated to the Secretary by the
President;
(t) Lead efforts pertaining to civil
emergency planning for sealift support
for North Atlantic Treaty Organization
(NATO) operations, including coordinating DOT representation on sealiftrelated committees, in coordination
with the Office of Intelligence, Security and Emergency Response;
(u) Carry out the duties, functions,
authorities, and powers of the Secretary under 49 U.S.C. 109(e), (f), (h),
(j)(3);
(v) Carry out all of the duties, authorities, and powers of the Secretary
of Transportation, with respect to matters involving the Clarification Act,
Public Law 78–17, 57 Stat. 45, as amended (50 U.S.C. App. 1291);
(w) Carry out all of the duties, authorities, and powers of the Secretary
under 46 U.S.C. 12102(d).

under the Reefs for Marine Life Conservation law, 16 U.S.C. 1220 et seq.;
(l) In consultation and coordination
with the Office of Intelligence, Security and Emergency Response, carry
out the functions under the Defense
Production Act of 1950, Public Law 81–
774, 64 Stat. 798, as amended (50 U.S.C.
app. 2061 et seq.), that were vested in
the Secretary by Executive Order 13603
(‘‘National Defense Resources Preparedness’’) as such authorities relate
to the use of sealift support and port
facilities, and other maritime industry
related facilities and services, and maritime-related voluntary agreements
pursuant to Section 708 of the Act;
(m) Carry out the functions related
to the National Defense Reserve Fleet
vested in the Secretary pursuant to 50
U.S.C. App. 1744;
(n) Carry out all of the duties, authorities and powers of the Secretary
under the following statutes:
(1) 10 U.S.C. 2218, the National Defense Sealift Fund;
(2) 40 U.S.C. 3134, Bond waiver authority for certain contracts;
(3) 46 U.S.C. 501(b), Waiver of navigation and vessel-inspection laws and determination of non-availability of
qualified U.S. flag vessels;
(4) 46 U.S.C. 3316, granting authority
to appoint a representative to Executive Board of the American Bureau of
Shipping (ABS);
(5) 46 U.S.C. 12119(a)(5), authority to
waive or reduce the qualified proprietary cargo requirements and determine citizenship;
(6) 50 U.S.C. 196, Emergency foreign
vessel acquisition; purchase and requisition of vessels lying idle in United
States waters;
(7) 50 U.S.C. 197, Voluntary purchase
or charter agreement;
(8) 50 U.S.C. 198, granting authority
over requisitioned vessels;
(o) Carry out all of the duties, authorities and powers of the Secretary
with respect to 16 U.S.C. 1220 et seq.
(use of obsolete ships as reefs for marine life conservation);
(p) Carry out all of the duties, powers
and authorities delegated to the Secretary of Transportation by the Administrator of General Services with
respect to the leasing and management

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