{"operation":"document","citation":"PHMSA Guidance, PHMSA DELEGATIONS OF AUTHORITY","title":"PHMSA DELEGATIONS OF AUTHORITY","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-11-09","effective_on":"2022-11-09","summary":"PHMSA DELEGATIONS OF AUTHORITY Document FINAL - PHMSA-221004-002_-_Outgoing_-_Final_11.9_PHMSA Delegations of Authority TB Signed .pdf (211.8 KB) By this Order, the Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA) delegates to the Executive Director, Associate Administrators, Chief Counsel, Chief Financial Officer, and Staff Office Directors of PHMSA certain powers and authorities v","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-delegations-authority-cf167fd8.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-delegations-authority-cf167fd8.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-phmsa-delegations-authority-cf167fd8","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/phmsa-delegations-authority","body":"PHMSA DELEGATIONS OF AUTHORITY\n\nDocument\n\n FINAL - PHMSA-221004-002_-_Outgoing_-_Final_11.9_PHMSA Delegations of Authority TB Signed .pdf (211.8 KB)\n\n        By this Order, the Administrator of the Pipeline and Hazardous Materials Safety Administration (PHMSA) delegates to the Executive Director, Associate Administrators, Chief Counsel, Chief Financial Officer, and Staff Office Directors of PHMSA certain powers and authorities vested in the Administrator, and certain other powers and authorities the Secretary of Transportation has delegated by Federal regulation or otherwise to the Administrator. This Order also sets forth requirements by which future delegations may be made.\n\nPHMSA was created pursuant to the Norman Y. Mineta Research and Special Programs Improvement Act (P.L. 108-426, November 30, 2004). This Act directs that the Administrator of PHMSA “carry out [the] duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61,601, and 603 [of Title 49]; and other duties and powers prescribed by the Secretary.” 49U.S.C. § 108(f). In addition, the authority of the Research and Special Programs Administration (RSPA) exercised under chapters 51, 57, 61, 601, and 603 of Title 49 were transferred to the Administrator of PHMSA. P.L. No. 108-426, § 2(b) (Nov. 30, 2004).\n\n          Issued Date: Wednesday, November 9, 2022\n\n<<<PAGE 1>>>\n\nPHMSA\n1100.3\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration November 9, 2022\nSubject: DELEGATIONS OF AUTHORITY\n1. PURPOSE. By this Order, the Administrator of the Pipeline and Hazardous Materials\nSafety Administration (PHMSA) delegates to the Executive Director, Associate\nAdministrators, Chief Counsel, Chief Financial Officer, and Staff Office Directors of\nPHMSA certain powers and authorities vested in the Administrator, and certain other powers\nand authorities the Secretary of Transportation has delegated by Federal regulation or\notherwise to the Administrator. This Order also sets forth requirements by which future\ndelegations may be made.\n2. BACKGROUND. PHMSA was created pursuant to the Norman Y. Mineta Research and\nSpecial Programs Improvement Act (P.L. 108-426, November 30, 2004). This Act directs\nthat the Administrator of PHMSA “carry out [the] duties and powers related to pipeline and\nhazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61,\n601, and 603 [of Title 49]; and other duties and powers prescribed by the Secretary.” 49\nU.S.C. § 108(f). In addition, the authority of the Research and Special Programs\nAdministration (RSPA) exercised under chapters 51, 57, 61, 601, and 603 of Title 49 were\ntransferred to the Administrator of PHMSA. P.L. No. 108-426, § 2(b) (Nov. 30, 2004).\n3. CANCELLATION. This Order hereby cancels PHMSA Order 1100.2, “Delegations of\nAuthority,” dated August 24, 2010.\n4. REFERENCES.\na. Norman Y. Mineta Research and Special Programs Improvement Act (P.L. 108-426,\nNovember 30, 2004).\nb. 49 U.S.C. § 108, Pipeline and Hazardous Materials Safety Administration.\nc. 49 C.F.R. Part 1, Organization and Delegation of Powers and Duties.\nd. 49 C.F.R. Part 15, Protection of Sensitive Security Information.\n1\n\n<<<PAGE 2>>>\n\ne. Department of Transportation (DOT) Order 1100.74B, “Department of Transportation\nOrganization Manual Pipeline and Hazardous Material Safety Administration,” dated\nJanuary 19, 2017.\nf. Pipeline and Hazardous Materials Safety Administration – Order of Succession, dated\nJanuary 24, 2020.\n5. DEFINITIONS. The terms herein are defined consistent with the authority cited as a\nreference or, if no cited reference, as generally understood in their ordinary sense, except as\nspecifically provided below:\na. Delegate. The act of formally empowering an employee to execute, in his or her own\nname and title, a specific authority or power lawfully vested in the delegating official.\nA delegated authority officially establishes accountability for a specific action with the\nspecific individual performing that action.\nb. Delegation of Authority. For purposes of this Order, a delegation of authority is the\ngrant of authority by the Administrator to an employee, acting in his or her own name\nand title, to execute a specific power or perform a specific duty, which action will have\nthe legal force and effect of an official action by the Administrator under Federal law,\nregulation, directive, or Executive Order.\nc. Redelegation of Authority. For purposes of this Order, a redelegation of authority is\nthe further permissible delegation of previously delegated authority received from the\nAdministrator. A redelegation shall have the legal force and effect of an official action\nunder Federal law, regulation, directive, or Executive Order. Redelegated authority\nmay be granted to the same extent and terms of the originally delegated authority, or\ngranted to a partial or limited degree, as deemed appropriate by the delegating official.\nd. Order of Succession. A formal delegation of authority providing the continuity of\nessential functions in the event the PHMSA Administrator or other senior level officials\nbecome absent, a vacancy occurs, or there is an inability for the official to act during a\ndisaster or national security crisis.\ne. Staff Office Director. An official with staff office responsibilities who reports directly\nto the Administrator. At the time of this issuance, this includes the Director of the\nOffice of Civil Rights and the Director of the Office of Governmental, International and\nPublic Affairs.\n6. POLICY.\na. Delegations and redelegations of authority shall be limited by applicable laws,\nExecutive Orders, regulations, directives, and DOT and PHMSA requirements.\nb. Delegations of authority shall be effective upon date of signature, unless otherwise\nstated.\n2\n\n<<<PAGE 3>>>\n\nc. A delegation may not be made retroactively. However, actions taken prior to the\neffective date may be ratified by the Administrator or designee after review and\napproval by the Office of Chief Counsel.\nd. The Administrator reserves the authority to delegate any authority that the\nAdministrator possesses, with the exception of those duties and powers expressly\nprohibited from delegation by 49 U.S.C. § 108(g), other Federal law, regulation,\ndirective, or Executive Order.\n7. RESERVATIONS TO THE ADMINISTRATOR. The Administrator reserves to the\nAdministrator, and to any lower-ranking official who is performing the duties of the\nAdministrator pursuant to PHMSA’s Order of Succession, dated January 11, 2017, the\nauthority to:\na. Delegate powers and duties to the Executive Director, Associate Administrators, Chief\nCounsel, Chief Financial Officer, and Staff Office Directors.\nb. Perform any function specifically delegated by statute or delegated by the Secretary.\nc. Approve and sign all final rulemaking actions, including (but not limited to) each of the\nfollowing: final rules; decisions in response to petitions for reconsideration of final\nrules submitted pursuant to 49 C.F.R. §§ 190.335–190.337; decisions on administrative\nappeals of denials of responses to petitions for reconsideration of final rules submitted\npursuant to 49 C.F.R. § 190.338; and decisions on administrative appeals of final rules\nsubmitted pursuant to 49 C.F.R. § 106.110 et seq.\nd. Approve and sign PHMSA's responses to the Office of Inspector General (OIG) and the\nGovernment Accountability Office (GAO).\ne. Select individuals for positions in the Senior Executive Service (SES), in accordance\nwith applicable DOT procedures.\nf. Approve PHMSA Administrator's honorary awards, nominations for the Secretary's\nawards, nominations for Presidential rank awards, and other Federal awards.\ng. Consistent with DOT Order M 1500.6B, Department of Transportation Travel Order\nand Manual, dated March 29, 2018, and DOT 1240.6, International Travel Approval\nPolicy Memorandum, dated July 29, 2022, and superseding orders and policies:\ni. Approve international travel for PHMSA employees (including international\ninvitational travel), except that international travel of the Administrator, Deputy\nAdministrator, Chief Counsel, and other non-career appointees (i.e., political\nappointees) and accompanying staff must be approved by the Office of the\nSecretary consistent with procedures and requirements in DOT 1240.6 and other\napplicable policies.\n3\n\n<<<PAGE 4>>>\n\nii. Authorize and approve official domestic travel and transportation for the\nAdministrator, the Administrator’s subordinates, and others performing services\nfor, or in cooperation with, PHMSA.\nf. Recommend to the Secretary or his or her delegate acceptance of an offer of\nreimbursement from an entity regulated by DOT, an association of entities regulated by\nDOT, or an entity that has a matter pending before PHMSA. This authority must be\ncarried out in accordance with DOT policy on accepting such payments.\ng. Approve all Field and Headquarters organizational changes.\nh. Accept a gift to PHMSA in accordance with DOT Order 2700.11 Gifts and Bequests,\ndated April 10, 1973, and superseding orders, subject to the concurrence of the Office\nof Chief Counsel.\ni. Exercise the Secretary's authority under 28 U.S.C. § 2672 and 28 C.F.R. Part 14,\nrelated to the administrative disposition of federal tort claims, for claims involving\nPHMSA, to the extent permitted by 49 C.F.R. § 1.81(a)(22).\nj. Any other powers and duties that are not expressly delegated by the Administrator in\nthis memorandum, or otherwise vested in officials other than the Administrator, are\nreserved to the Administrator.\n8. GENERAL DELEGATIONS OF AUTHORITY. The Administrator hereby delegates to\nthe Executive Director, Associate Administrators, Chief Counsel, Chief Financial Officer,\nand Staff Office Directors the general authority, consistent with the duties indicated in DOT\nOrder 1100.74B, DOT Organization Manual PHMSA, dated January 19, 2017, and any\nsuperseding order to:\na. With respect to all matters within the official's sphere of responsibility, sign all\ncorrespondence consistent with assigned responsibilities not reserved for the\nAdministrator and correspondence associated with routine operational reports that do\nnot require the Administrator's signature. This signature authority may be further\ndelegated consistent with assigned responsibilities.\nb. Authorize and approve official non-foreign travel and transportation for subordinates in\nthe official 's office in accordance with DOT Order M 1500.6B, Department of\nTransportation Travel Order and Manual, dated March 29, 2018, and superseding\norders.\nc. Represent the Administrator with respect to all matters within the official's sphere of\nresponsibility.\nd. Within personnel and budget ceilings, select employees reporting to them for positions\nthrough GS-15 and the equivalent.\n4\n\n<<<PAGE 5>>>\n\ne. Take action and issue orders in the name of the Administrator with respect to all\nmatters within the official's sphere of responsibility, except for those matters\nspecifically reserved to the Administrator.\nf. Further delegate the authority given to that official unless expressly limited by the\nAdministrator or prohibited by law. However, the officials listed in this section may\nnot redelegate any previously delegated authority to any other official listed in this\nsection. All redelegations authorized under this section must be in writing and made in\nconsultation with the Chief Counsel.\n9. SPECIFIC DELEGATIONS OF AUTHORITY.\na. The Deputy Administrator is delegated the authority to exercise all duties lawfully\nvested in the Administrator and reserved to the Administrator in accordance with this\nOrder.\nb. Specific delegations to the Executive Director, Associate Administrators, Chief\nCounsel, Chief Financial Officer, and Staff Directors are documented as separate\nattachments to this Order. When a new or change in delegation of authority occurs, it\nwill be added to the list of authorities on the applicable attachment. A footnote\nreference will state the date and citation of any new or amended delegation of authority.\nIn the case of overlap or conflict in the exercise of the duties and responsibilities\ndelegated to these officials, the more specific delegation controls. DOT Order\n1100.74B, DOT Organization Manual PHMSA, dated January 19, 2017, and any\nsuperseding orders, set forth the approved formal organizational elements of PHMSA\nand the corresponding functions and responsibilities of those elements.\n10. AUTHORITY TO AMEND THIS ORDER. Any further delegations, redelegations, or\nproposed changes to this Order must be made in writing and submitted to the Executive\nDirector and Chief Counsel for review. Final approval/disposition of any such action lies\nwith the Administrator.\n11. EXERCISE OF DELEGATED AUTHORITY. The Administrator and any lower-ranking\nofficial who is performing the duties of the Administrator shall retain the authority to\nexercise any authority, powers, and duties that are delegated under this Order or to redelegate\nsuch authority, powers, and duties under this Order, and to review (including by providing\ninput or exercising oversight over) any other official’s exercise of an authority that is\ndelegated under this Order.\n12. RESCISSION. No delegation of authority or assignment of responsibility under this Order\nwill be deemed to affect the authority of the Administrator or any lower-ranking official who\nis performing the duties of the Administrator to rescind any delegation of authority provided\nfor in this Order. Such rescission may include total, partial, permanent, or temporary\nrescission of any delegated authority. The Administrator reserves the authority to rescind a\ndelegation of authority or assignment of responsibility without written notification.\n13. IMPLEMENTATION. The delegations set forth herein are effective immediately.\n5\n\n<<<PAGE 6>>>\n\n14. ATTACHMENTS.\na. Attachment A – Delegation to the Assistant Administrator for Pipeline and Hazardous\nMaterials Safety and Chief Safety Officer (Executive Director)\nb. Attachment B – Delegation to the Chief Counsel\nc. Attachment C – Delegation to the Associate Administrator for Pipeline Safety\nd. Attachment D – Delegation to the Associate Administrator for Hazardous Materials\nSafety\ne. Attachment E – Delegation to the Associate Administrator for Administration\nf. Attachment F – Delegation to the Chief Financial Officer\ng. Attachment G – Delegation to the Director of the Office of Civil Rights\nh. Attachment H – Delegation to the Associate Administrator for Planning and Analytics\n______________________\nDeputy Administrator\n6\n\n<<<PAGE 7>>>\n\nATTACHMENT A\nDelegation to the Assistant Administrator for Pipeline and Hazardous Materials\nSafety and Chief Safety Officer (Executive Director)\nThe Executive Director assists the Administrator and the Deputy Administrator in\nestablishing policies, objectives, and priorities for PHMSA offices and programs that report\ninto the Office of the Executive Director, and in coordinating and evaluating programs;\noversees, directs, and coordinates cross-agency programs and initiatives, ensuring\noperational excellence, integration, and strategic planning; and establishes and oversees\ngovernance strategies and implementation across PHMSA.\nThe Executive Director has the authority to:\n1. Decide and sign decisions on appeal of hazardous materials safety enforcement\norders, pursuant to 49 C.F.R § 107.325.\n2. Approve and sign PHMSA's responses to the National Transportation Safety Board\n(NTSB) in accordance with Departmental procedures for handling NTSB\nrecommendations.\n3. Serve as Chairman and carry out functions of the PHMSA Safety Review Board\npursuant to PHMSA Order 3770.1, PHMSA Safety Review Board.\n4. Serve as PHMSA's representative on the DOT Safety Council.\n7\n\n<<<PAGE 8>>>\n\nATTACHMENT B\nDelegation to the Chief Counsel\nThe Chief Counsel is the principal legal officer of PHMSA, serves as legal advisor to the\nAdministrator, and provides a comprehensive program of legal services regarding applicable\nlaws, rules, regulations, and orders.\nThe Chief Counsel has the authority to:\n1. Compromise, suspend collection action on, or terminate claims of the United States not\nexceeding $100,000 (excluding interest), which are referred to, or arise out of the\nactivities of, PHMSA. 49 C.F.R. § 1.81(a)(21). See also, 31 U.S.C. § 3711.\n2. Approve the award, compromise or settle any claim of an amount up to $50,000, after\nconsultation with the Administrator, against the U.S. for any claim brought under the\nFederal Tort Claims Act arising out of PHMSA activities. 49 C.F.R. § 1.81(a)(22).\n3. Approve personnel-related settlements of up to $50,000 after consultation with the\nAdministrator and the Secretary of Transportation. 49 C.F.R. § l.81(a)(l).\n4. Execute for, and in the name of, the Administrator, formal legal instruments and\ndocuments creating commitments on behalf of PHMSA, except when such authority is\notherwise reserved or delegated.\n5. Exercise hazardous materials safety compliance and enforcement responsibilities\ninvolving failure to comply with the hazardous materials laws and regulations and\nSection 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321), in\naccordance with the procedures prescribed in 49 C.F.R. Part 107, Subpart C, and\nSubpart D §§ 107.307, and 107.311 to 107.339. 49 C.F.R. § l.97(b). The authority\ndelegated includes, but is not limited to, the power to:\na. Issue Notices, Orders and Preemption Determinations.\nb. Compromise civil penalties prior to submission to the Attorney General.\nc. Issue formal interpretations of the hazardous materials laws and regulations.\n6. Exercise pipeline safety enforcement responsibilities involving failure to comply with\npipeline safety laws and regulations and Section 311 of the Federal Water Pollution\nControl Act (33 U.S.C. § 1321), in accordance with the procedures prescribed in 49\nC.F.R. Part 190. 49 C.F.R. § l.97(a). The authority delegated includes, but is not\nlimited to, the power to:\na. Prepare administrative orders in enforcement proceedings, including final\norders in cases involving a notice of probable violation. 49 C.F.R. § 190.213.\nb. Issue subpoenas in accordance with 49 C.F.R. § 190.7.\n8\n\n<<<PAGE 9>>>\n\n7. Make initial determinations on requests for records under the Freedom of Information\nAct. 49 C.F.R. § l.81(a)(7).\n8. With respect to procedural regulations (including those regulations in 49 C.F.R. Parts\n106, 107 and 190; 49 C.F.R. §§ 1.81(a)(3) and 1.81(a)(18); 49 C.F.R. §§ 1.97(a) and\n1.97(b)), issue Advance Notices of Proposed Rulemaking (“ANPRMs”), Notices of\nProposed Rulemaking (“NPRMs”) and rulemaking documents other than final rules\n(including, but not limited to, responses to petitions for reconsideration of a final rule).\n9\n\n<<<PAGE 10>>>\n\nATTACHMENT C\nDelegation to the Associate Administrator for Pipeline Safety\nThe Associate Administrator for Pipeline Safety helps carry out a national safety program to\nensure the safe, reliable, and environmentally friendly transportation of hazardous materials via\npipelines.\nThe Associate Administrator for Pipeline Safety has authority to:\n1. Carry out a pipeline safety inspection and enforcement program pursuant to 49 U.S.C.\n§ 60101 et seq. and 49 C.F.R. Parts 190–199. 49 C.F.R. § 1.97(a).\n2. Carry out a pipeline safety regulatory program to develop and implement minimum\nsafety standards for pipeline transportation and pipeline facilities pursuant to 49 U.S.C.\n§ 60101 et seq. This includes signing or issuing ANPRMs, NPRMs, and other\ndocuments (including, but not limited to, responses to petitions for reconsideration of\nfinal rules, findings and approvals under 49 C.F.R. § 190.9, special permits,\ninterpretations, and advisories) other than final rules. 49 C.F.R. § 1.97(a); 49 C.F.R.\n§§ 1.81(a)(3) and 1.81(a)(18).\n3. Accept, reject, and monitor compliance with intrastate pipeline safety program\ncertifications under 49 U.S.C. § 60105. 49 C.F.R. § l.97(a).\n4. Enter and terminate (if necessary) interstate pipeline safety agreements under 49 U.S.C.\n§ 60106. 49 C.F.R. § 1.97(a).\n5. Carry out the functions under 49 U.S.C. § 6101 et seq. as they relate to pipeline damage\nprevention One Call programs. 49 C.F.R. §§ l.97(a)(8) and 1.81(a)(25).\n6. Award grants and cooperative agreements authorized under 49 U.S.C. Chapters 61 and\n601, with consultation of the Secretary, 49 C.F.R. § l.81(a)(25), and enter into other\ntransactions authorized under 49 U.S.C. Chapter 601 after consultation with the Chief\nFinancial Officer.\n7. Assess user fees for pipeline facilities, including underground natural gas storage\nfacilities, pursuant to 49 U.S.C. § 60301. 49 C.F.R. § l.97(a)(7).\n8. Carry out the functions under section 21 of the Deepwater Port Act, as amended (33\nU.S.C. § 1520) relating to the establishment, enforcement and review of regulations\nconcerning the safe construction, operation, and maintenance of pipelines on Federal\nlands and the Outer Continental Shelf. 49 C.F.R. § 1.97(a)(3).\n9. Carry out the functions under section 28 of the Mineral Leasing Act, as amended (30\nU.S.C. § 185). 49 C.F.R. § l.97(a)(2).\n10\n\n<<<PAGE 11>>>\n\n10. Carry out the functions under section 5 (as it relates to pipelines not over navigable\nwaterways) and section 8(a) (as it relates to pipelines) of the International Bridge Act of\n1972 (33 U.S.C. §§ 535c and 535e(a)). 49 C.F.R. § l.97(a)(4).\n11. Carry out the functions under the Outer Continental Shelf Lands Act, as amended (43\nU.S.C. § 1331 et seq.) with respect to the establishment, enforcement and review of\nregulations concerning pipeline safety. 49 C.F.R. § l.97(a)(5).\n12. Carry out the functions of Executive Order 12777 (56 FR 54757, October 22, 1991)\nsection 2(d)(2) relating to pipelines subject to Section 311 of the Federal Water\nPollution Control Act (33 U.S.C. § 1321). 49 C.F.R. § l .97(c).\n13. Carry out the functions vested in the Secretary of Transportation by Section 7 of\nExecutive Order 12580 (January 23, 1987) (relating to Sections 108 and 109 of the\nComprehensive Environmental Response Compensation and Liability Act of 1980 as\namended) insofar as they relate to pipelines. 49 C.F.R. § 1.97(a)(6).\n14. Make initial recommendations that information constitutes Sensitive Security\nInformation in consultation with the Office of Chief Counsel. 49 C.F.R. § 1.81(a)(26);\n49 C.F.R. Part 15.\n15. Coordinate with other agencies on the nexus between pipeline safety and cyber- and\nphysical security. 49 C.F.R. § 1.97(a).\n11\n\n<<<PAGE 12>>>\n\nATTACHMENT D\nDelegation to the Associate Administrator for Hazardous Materials Safety\nThe Associate Administrator for Hazardous Materials Safety helps carry out a national safety\nprogram to protect against the risks inherent in the transportation of hazardous materials.\nThe Associate Administrator for Hazardous Materials Safety has authority to:\n1. Carry out the functions under the Federal Hazardous Materials Transportation Law (49\nU.S.C. § 5101 et seq.) except as delegated by 49 C.F.R. §§ 1.83(d)(2) and (3) and\n1.87(d)(2) and by paragraph 2(99) of the Department of Homeland Security Delegation\nNo. 1070. 49 C.F.R. § l.97(b).\n2. Carry out a hazardous material safety regulatory program to develop standards for the\nsafe transportation, including security, of hazardous materials in intrastate, interstate\nand foreign commerce, pursuant to 49 U.S.C. § 5103. This includes signing ANPRMs\nand NPRMs and other rulemaking documents (including, but not limited to, responses\nto administrative appeals of final rules) other than final rules. 49 C.F.R. §§ 1.81(a)(3),\n1.81(a)(18), and l.97(b).\n3. Carry out the functions under section 4(e) of the International Safe Container Act (46\nU.S.C. § 1503(e)). 49 C.F.R. § 1.97(b).\n4. Carry out the functions provided in Executive Order 12777 (56 FR 54757, October 22,\n1991), Section 2(d)(2) relating to motor carriers and railroads subject to Section 311 of\nthe Federal Water Pollution Control Act (33 U.S.C. § 1321). 49 C.F.R. § 1.97(c).\n5. Carry out a hazardous materials transportation safety inspection and enforcement\nprogram pursuant to the Federal Hazardous Materials Transportation Law and 49\nC.F.R. Part 107, Subpart D. 49 C.F.R. § l.97(b)(l ).\n6. Represent the agency in international forums on hazardous materials issues. This\nauthority is to be carried out in consultation and coordination with the Office of the\nAssistant Secretary for Aviation and International Affairs. 49 C.F.R. § l.97(b)(2).\n7. Assess registration fees from offerors and transporters of hazardous materials.\n49 C.F.R. § l.97(b).\n8. Award grants and cooperative agreements authorized under 49 U.S.C. Chapter 51 and\napplicable appropriations acts, in consultation with the Secretary. 49 C.F.R.\n§ l.81(a)(25).\n9. Make initial determinations that information is Sensitive Security Information in\nconsultation with the Office of Chief Counsel. 49 C.F.R. § 1.81(a)(26); 49 C.F.R.\nPart 15.\n12\n\n<<<PAGE 13>>>\n\nATTACHMENT E\nDelegation to the Associate Administrator for Administration\nThe Associate Administrator for Administration advises and assists the Administrator on\nall administrative and management matters as they relate to PHMSA’s missions, programs,\nand objectives.\nThe Associate Administrator for Administration has authority to:\n1. Carry out the authority under the Federal Property and Administrative Services Act of\n1949, concerning real and personal property management.\n2. Serve as Chief Human Capital Officer for PHMSA and carry out responsibilities for the\nselection, development, training and management of the work force consistent with the\ngovernment-wide human capital provision included in the Homeland Security Act of\n2002. 49 C.F.R. § 1.81(a)(1).\n3. Make initial decisions concerning the granting of access or amendment to records\npertaining to individuals. 49 C.F.R. § 1.81(a)(8).\n4. Certify PHMSA records control schedules pursuant to 44 U.S.C. § 3101. 49 C.F.R.\n§ 1.81(a)(8).\n13\n\n<<<PAGE 14>>>\n\nATTACHMENT F\nDelegation to the Chief Financial Officer\nThe Chief Financial Officer plans, develops, coordinates, implements, and administers for all\nelements of PHMSA a comprehensive financial management, acquisition, and information\ntechnology program in accordance with all applicable Federal laws, regulations, policies,\nguidance, and DOT and PHMSA requirements.\nThe Chief Financial Officer has authority to:\n1. Waive claims and make refunds in connection with claims for erroneous payment of\npay and allowances, or of travel, transportation and relocation expenses and allowances\nin amounts not aggregating more than $1,500, and may deny requests for waiver of\nsuch claims, regardless of aggregate amount. 49 C.F.R. § 1.81(a)(13).\n2. Grant, authorize, and account for cost of living allowances and non-foreign differentials\nas prescribed in OPM guidance. 49 C.F.R. § 1.81(a)(l).\n3. Serve as the Head of Contracting Activity (HCA) and exercise procurement authority\nwith respect to the requirements of the agency, and issue warrants to delegate\ncontracting authority.\n4. Enter into inter- and intra-agency reimbursable agreements, other than with the head of\nanother Department or Agency. 49 C.F.R. § 1.81(a)(11).\n5. Implement the policies and procedures of the Clinger-Cohen Act of 1996 (formerly the\nInformation Technology Management Reform Act (ITMRA) of 1996, 40 U.S.C. § 1401\net seq. (P.L.104-106)); and the Federal Information Technology Acquisition Reform\nAct (FITARA) (P.L. 113-291).\n6. Direct, manage and coordinate Information Technology (IT) planning, IT-related\nacquisitions, enterprise architecture, infrastructure management, continuity of\noperations, database and records management, IT security and other information\ntechnology support and coordination.\n7. Exercise responsibilities under the Chief Financial Officer and Federal Financial\nReform Act of 1990 (CFO Act), P.L. 101-576.\n8. Direct, manage, and coordinate all financial management matters for PHMSA,\nincluding budgetary and program planning activities, accounting, and disbursement of\nfunds.\n9. Prescribe accounting and financial systems, procedures, and techniques; and prescribe\nand maintain a system of administrative control over funds available to PHMSA.\n10. Develop financial management policies and internal controls for PHMSA programs.\n14\n\n<<<PAGE 15>>>\n\n11. Carry out authority under the Debt Collection Improvement Act of 1996 (P.L. 104-\n134); the Debt Collection Act of 1982 (P.L. 97-365); 5 U.S.C. § 5514; and the Federal\nClaims Collection Standards (31 C.F.R. Parts 900–904) with respect to collection\nactions, compromises or termination of collection actions or waiver of claims.\n49 C.F.R. § 1.81(a)(12).\n12. Approve or deny claims for payment by PHMSA employees for personal property\ndamage or losses up to $40,000, incident to employment with PHMSA, pursuant to\n31 U.S.C. § 3721. 49 C.F.R. § 1.81(a)(14).\n13. Approve or deny all reprogramming requests that augment or reduce existing programs,\nprojects, or activities in an amount no greater than $5,000,000 or 10% (whichever is\nless), after consultation with the Administrator.\n14. Make initial determinations on which systems of records are exempt from being\naccessed or amended. 49 C.F.R. § 1.81(a)(8).\n15\n\n<<<PAGE 16>>>\n\nATTACHMENT G\nDelegation to the Director of the Office of Civil Rights\nThe Director of the Office of Civil Rights advises and assists the Administrator and Deputy\nAdministrator on civil rights and Equal Employment Opportunity (EEO) laws, policies, and\ninitiatives.\nThe Director of the Office of Civil Rights has authority to:\n1. Resolve informal allegations of discrimination arising from or relating to PHMSA\nactivities, through EEO counseling or the Alternative Dispute Resolution process.\n49 C.F.R. § 1.81(a)(15).\n2. Approve final decisions and certifications of full relief for internal discrimination\ncomplaints. 49 C.F.R. § 1.81(a)(15).\n3. Make civil rights and EEO determinations to ensure no person, consistent with law\nand departmental policy, is excluded from, or denied benefits, or subjected to\ndiscrimination under any PHMSA program. 49 C.F.R. § 1.81(a)(15).\n16\n\n<<<PAGE 17>>>\n\nATTACHMENT H\nDelegation to the Associate Administrator for Planning and Analytics\nThe Associate Administrator for Planning and Analytics develops and evaluates proposals\nthat foster forward-thinking, innovative, and data-driven regulations and program policies;\nassesses available data and conducts economic analysis to develop market intelligence\nregarding pipeline and hazardous material transportation safety; implements processes and\nprocedures to ensure effective strategic planning and performance; and facilitates\ninformation sharing and drives consistency in how PHMSA collects and uses data.\nThe Associate Administrator for Planning and Analytics has the authority to:\n1. Carry out the functions of the Secretary regarding the assessment of costs and\nbenefits, as required by 49 U.S.C. § 60102, when prescribing minimum pipeline\nsafety standards and, more generally, perform assessments of the costs and benefits\nof available alternatives, consistent with Executive Order 12866, for intended\npipeline safety standards and intended hazardous materials safety standards.\n49 C.F.R. § 1.97(a)(1).\n2. Carry out the functions of the Secretary concerning environmental enhancement by\n49 U.S.C. § 303 (Duties of the Secretary of Transportation: Policy on lands, wildlife\nand waterfowl refuges, and historic sites) and 23 U.S.C § 138 as they relate to\nmatters within the primary responsibility of PHMSA. 49 C.F.R. § 1.81(a)(4).\n3. Carry out the functions of the Secretary under the National Environmental Policy\nAct of 1969 (42 U.S.C § 4321 et seq.), Section 176(c) of the Clean Air Act (42\nU.S.C. § 7506(c)), and related environmental laws as they relate to matters within\nthe primary responsibility of PHMSA. 49 C.F.R. § 1.81(a)(5).\n4. Carry out the functions of the Secretary under Section 106 of the Historic\nPreservation Act of 1966, 16 U.S.C. § 470f, as they relate to matters within the\nprimary responsibility of PHMSA. 49 C.F.R. § 1.81(a)(6).\n5. Exercise the authority vested in the Secretary by Section 329A of the Department of\nTransportation and Related Agencies Appropriations Act, 1995, P.L. 103-331,\n329A, 108 Stat. 2471, 2493 (September 30, 1994), to enter into grants, cooperative\nagreements, and other transactions with any person, agency, or instrumentality of\nthe United States, any unit of state or local government, any educational institution,\nand any other entity in execution of the Technology Reinvestment Project\nauthorized under the Defense Conversion, Reinvestment, and Transition Assistance\nAct of 1992, P.L. 102-484, 106 Stat. 2658 (October 23, 1992), and related\nlegislation. 49 C.F.R. § 1.81(a)(25).\n17","truncated":false,"body_characters":32765}