TITLE 49 - TRANSPORTATION

SUBTITLE A - OFFICE OF THE SECRETARY OF TRANSPORTATION

PART 1 - ORGANIZATION AND DELEGATION OF POWERS AND DUTIES

subpart c - DELEGATIONS

1.43 - General limitations and reservations.

  (a) All powers and duties that are not delegated by the Secretary in this subpart, or otherwise vested in officials other than the Secretary, are reserved to the Secretary. Except as otherwise provided, the Secretary may exercise powers and duties delegated or assigned to officials other than the Secretary.

  (b) Except as provided in 1.42 and subject to paragraph (a) of this section and 1.44, the Deputy Secretary, the Assistant Secretaries, the Inspector General, the General Counsel, and the Administrators exercise the powers and perform the duties delegated to them under this subpart.

  (c) Notwithstanding the provisions of paragraph (a), the delegation of authority in 1.56b of this title to the Designated Senior Career Official in the Office of the Assistant Secretary for Aviation and International Affairs to make decisions in certain aviation hearing cases is exclusive, and may not be exercised by any other Departmental official, including the Secretary. The Secretary reserves (and delegates to the Assistant Secretary for Aviation and International Affairs) only the authority to make discretionary review of any such decision and to approve it or to remand it for reconsideration by the Designated Senior Career Official, with a full written explanation of the basis for the remand.

[Amdt. 1157, 45 FR 83405, Dec. 18, 1980, as amended by Amdt. 1199, 49 FR 50996, Dec. 31, 1984; Amdt. 1261, 59 FR 10061, 10063, Mar. 3, 1994]