Section 25 of the Interstate Commerce Act, referred to Section 226 of the Interstate Commerce Act, referred Sections 204(a) (1), (2), (3), (3a), (5) of the Interstate Sections 221(a), 221(c), and 224 of the Interstate Com- Sections 1(6), 206, 207, 209, 210a, 212, and 216 of the Sections 12, 13(1), 13(2), 14, 16(12), 18(1), 20, 204 (a) Section 7 of the Act of March 4, 1915, as amended, Article 11 of section 1 of the Act of June 7, 1897, as Rule 9 of section 1 of the Act of February 8, 1895, Rule numbered 13 of section 4233 of the Revised Stat- Section 5 of the Act of August 18, 1894, as amended, The Act of June 21, 1940, as amended, referred to in Section 4 of the Act of March 23, 1906, as amended, Section 503 of the General Bridge Act of 1946, as Section 17 of the Act of June 10, 1930, as amended, The act of June 27, 1930, as amended, referred to in The act of August 21, 1935, as amended, referred to in The Oil Pollution Act, 1961, as amended, referred to in Section 9 of the act of March 3, 1899, as amended, The act of March 23, 1906, as amended, referred to in The General Bridge Act of 1946, as amended, referred The act of March 12, 1914, as amended (38 Stat. 308), The Executive Order Numbered 11107, April 25, 1963 (28 EFFECTIVE DATE Provisions of this section effective April 1, 1967, see Mar. 30, 1967, 32 F.R. 5453, set out as notes under section AMENDMENT OF EXECUTIVE ORDER RELATING TO FUNCTIONS SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1654, 1657 of this § 1656. Transportation investment standards; promul- (a) The Secretary, subject to the provisions of The standards and criteria for economic evalua- The Water Resources Council established under (b) Every survey, plan, or report formulated by a affected area, the relative efficiency of various modes of transport, the available transportation services in the area, and the general effect of the proposed investment on existing modes, and on the regional and national economy; (2) coordinated by the proposing agency with the Secretary and, as appropriate, with other Federal agencies, States, and local units of government for inclusion of his and their views and comments; and (3) transmitted thereafter by the proposing agency to the President for disposition in accord with law and procedures established by him. (Pub. L. 89-670, § 7, Oct. 15, 1966, 80 Stat. 941.) REFERENCES IN TEXT Pub. L. 89-80, referred to in subsec. (b), is the Water Resources Planning Act, July 22, 1965, 79 Stat. 244, which is classified principally to section 1962 et seq. of Title 42, The Public Health and Welfare. EFFECTIVE DATE Provisions of this section effective April 1, 1967, see section 15(a) of Pub. L. 89-670, and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, set out as notes under section 1651 of this title. § 1657. Administrative provisions. (a) Authority of Secretary to employ personnel and prescribe their authority and duties. In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or any other officer in the Department, the Secretary is authorized, subject to the civil service and classification laws, to select, appoint, employ, and fix the compensation of such officers and employees, including investigators, attorneys, and hearing examiners, as are necessary to carry out the provisions of this chapter and to prescribe their authority and duties. (b) Temporary or intermittent employment of experts and consultants. The Secretary may obtain services as authorized by section 3109 of Title 5, but at rates not to exceed $100 per diem for individuals unless otherwise specified in an appropriation Act. (c) Detailing of participating military personnel for service in Department of Transportation. The Secretary is authorized to provide for participation of military personnel in carrying out the functions of the Department. Members of the Army, the Navy, the Air Force, or the Marine Corps may be detailed for service in the Department by the appropriate Secretary, pursuant to cooperative agreements with the Secretary of Transportation. (d) Military personnel assigned to Department of Transportation; annual report to Congress on assignment of personnel. (1) Appointment, detail, or assignment to, accept ance of, and service in any appointive or other position in the Department under the authority of subsections (c) and (p) of this section shall in no way affect status, office, rank, or grade which officers or enlisted men may occupy or hold or any emolument, perquisite, right, privilege, or benefit incident to or arising out of any such status, office, rank, or grade, nor shall any member so appointed, detailed, or assigned be charged against any statutory limitation on grades or strengths applicable to the Armed Forces. A person so appointed, detailed, or assigned shall not be subject to direction by or control by his armed force or any officer thereof directly or indirectly with respect to the responsibilities exercised in the position to which appointed, detailed, or assigned. (2) The Secretary shall report annually in writing to the appropriate committees of the Congress on personnel appointed and agreements entered into under subsection (c) of this section, including the number, rank, and positions of members of the armed services detailed pursuant thereto. (e) Delegation and redelegation of powers and functions. (1) Except where this chapter vests in any administration, agency or board, specific functions, powers, and duties, the Secretary may, in addition to the authority to delegate and redelegate contained in any other Act in the exercise of the functions transferred to or vested in the Secretary in this chapter, delegate any of his residual functions, powers, and duties to such officers and employees of the Department as he may designate, may authorize such successive redelegations of such functions, powers, and duties as he may deem desirable, and may make such rules and regulations as may be necessary to carry out his functions, powers, and duties. (2) In addition to the authority to delegate and redelegate contained in any other Act, in the exercise of the functions transferred to or specified by this chapter to be carried out by any officer in the Department, such officer may delegate any of such functions, powers, and duties to such other officers and employees of the Department as he may designate; may authorize such successive redelegations of such functions, powers, and duties as he may deem desirable; and may make such rules and regulations as may be necessary to carry out such functions, powers, and duties. (3) The Administrators established by section 1652(e) of this title may not delegate any of the statutory duties and responsibilities specifically assigned to them by this chapter outside of their respective administrations. (f) Transfer of personnel, assets, liabilities, contracts, property, records, and unexpended funds of the Federal Aviation Agency to the Secretary of Transportation. The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the Federal Aviation Agency, and of the head and other officers and offices thereof, are hereby transferred to the Secretary: Provided, however, That the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available, or to be made available in carrying out the duties and functions transferred by this chapter to the Secretary which are specified by this chapter to be carried out by the Federal Aviation Administrator shall be assigned by the Secretary to the Federal Aviation Administrator for these purposes. (g) Determination of personnel and property transfers to Secretary of Transportation; transfer of property and funds of Civil Aeronautics Boards to National Transportation Safety Board. So much of the positions, personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available in connection with the functions, powers, and duties transferred by section 1655 of this title (except subsection (c)) and section 8 (d) and (e) of this Act as the Director of the Office of Management and Budget shall determine shall be transferred to the Secretary: Provided, however, That the positions, personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available, or to be made available, by the Civil Aeronautics Board in carrying out the duties transferred by this chapter to be exercised by the National Transportation Safety Board shall be transferred to the National Transportation Safety Board. Except as provided in subsection (h) of this section, personnel engaged in functions, powers, and duties transferred under this chapter shall be transferred in accordance with applicable laws and regulations relating to transfer of functions. (h) Prohibition against reduction in classification or compensation of transferees for one year. The transfer of personnel pursuant to subsections (f) and (g) of this section shall be without reduction in classification or compensation for one year after such transfer. (i) Lapse of transferred offices and agencies; compensation of executive positions upon continuity of service. In any case where all of the functions, powers, and duties of any office or agency, other than the Coast Guard, are transferred pursuant to this chapter, such office or agency shall lapse. Any person who, on the effective date of this Act, held a position compensated in accordance with the Executive Schedule, and who, without a break in service, is appointed in the Department to a position having duties comparable to those performed immediately preceding his appointment shall continue to be compensated in his new position at not less than the rate provided for his previous position, for the duration of his service in his new position. (j) Administrative services; establishment of capital fund; transactions involving the capital fund. The Secretary is authorized to establish a working capital fund, to be available without fiscal year limitation, for expenses necessary for the maintenance and operation of such common administrative services as he shall find to be desirable in the interest of economy and efficiency in the Department, including such services as a central supply service for stationery and other supplies and equipment for which adequate stocks may be maintained to meet in whole or in part the requirements of the Department and its agencies; central messenger, mail, telephone, and other communications services; office space, central services for document reproduction, and for graphics and visual aids; and a central library service. The capital of the fund shall consist of any appropriations made for the purpose of providing capital (which appropriations are hereby authorized) and the fair and reasonable value of such stocks of supplies, equipment, and other assets and inventories on order as the Secretary may transfer to the fund, less the related liabilities and unpaid obligations. Such funds shall be reimbursed in advance from available funds of agencies and offices in the Department, or from other sources, for supplies and services at rates which will approximate the expense of operation, including the accrual of annual leave and the depreciation of equipment. The fund shall also be credited with receipts from sale or exchange of property and receipts in payment for loss or damage to property owned by the fund. There shall be covered into the United States Treasury as miscellaneous receipts any surplus found in the fund (all assets, liabilities, and prior losses considered) above the amounts transferred or appropriated to establish and maintain said fund. (k) Seal of office. The Secretary shall cause a seal of office to be made for the Department of such device as he shall approve, and judicial notice shall be taken of such seal. (1) Authority to provide necessary facilities and serv ices for personnel stationed in remote localities. In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or other officer in the Department, as necessary, and when not otherwise available, the Secretary is authorized to provide for, construct, or maintain the following for employees and their dependents stationed at remote localities: (1) Emergency medical services and supplies; (4) Motion picture equipment and film for recreation and training; (5) Reimbursement for food, clothing, medicine, and other supplies furnished by such employees in emergencies for the temporary relief of distressed persons; and (6) Living and working quarters and facilities. The furnishing of medical treatment under paragraph (1) and the furnishing of services and supplies under paragraphs (2) and (3) of this subsection shall be at prices reflecting reasonable value as determined by the Secretary, and the proceeds therefrom shall be credited to the appropriation from which the expenditure was made. (m) Authority to accept and hold gifts and bequests for purpose of aiding or facilitating the work of the Department. (1) The Secretary is authorized to accept, hold, administer, and utilize gifts and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Department. Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be disbursed upon order of the Secretary. Property accepted pursuant to this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest. (2) For the purpose of Federal income, estate, and gift taxes, property accepted under paragraph (1) shall be considered as a gift or bequest to or for use of the United States. (3) Upon the request of the Secretary, the Secretary of the Treasury may invest and reinvest in securities of the United States or in securities guaranteed as to principal and interest by the United States any moneys contained in the fund provided for in paragraph (1). Income accruing from such securities, and from any other property held by the Secretary pursuant to paragraph (1) shall be deposited to the credit of the fund, and shall be disbursed upon order of the Secretary. (n) Authority to fill requests for statistical compilations covering Department matters on reimbursable basis. (1) The Secretary is authorized, upon the written request of any person, or any State, territory, possession, or political subdivision thereof, to make special statistical studies relating to foreign and domestic transportation, and special studies relating to other matters falling within the province of the Department, to prepare from its records special statistical compilations, and to furnish transcripts of its studies, tables, and other records upon the payment of the actual cost of such work by the person or body requesting it. (2) All moneys received by the Department in payment of the cost of work under paragraph (1) shall be deposited in a separate account to be administered under the direction of the Secretary. These moneys may be used, in the discretion of the Secretary, for the ordinary expenses incidental to the work and/or to secure in connection therewith the special services of persons who are neither officers nor employees of the United States. (0) Advisory committees; appointment, compensation. The Secretary is authorized to appoint, without regard to the civil service laws, such advisory committees as shall be appropriate for the purpose of consultation with and advice to the Department in performance of its functions. Members of such committees, other than those regularly employed by the Federal Government, while attending meetings of such committees or otherwise serving at the request of the Secretary, may be paid compensation at rates not exceeding those authorized for individuals under subsection (b) of this section, and while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of Title 5 for persons in the Government service employed intermittently. (p) Appointment of Coast Guard personnel on active duty to serve with Department; retired Coast Guard personnel. (1) Notwithstanding any provision of this chapter or other law, a member of the Coast Guard on active duty may be appointed, detailed, or assigned to any position in the Department other than Secretary, Under Secretary, and Assistant Secretary for Administration. (2) Subject to the provisions of Title 5 a retired member of the Coast Guard may be appointed to any position in the Department. (q) Contracts with private agencies for research; capabilities of research agency; dissemination of resulting data. (1) The Secretary is authorized to enter into contracts with educational institutions, public or private agencies or organizations, or persons for the conduct of scientific or technological research into any aspect of the problems related to the programs of the Department which are authorized by statute. (2) The Secretary shall require a showing that the institutions, agencies, organizations, or persons with which he expects to enter into contracts pursuant to this subsection have the capability of doing effective work. He shall furnish such advice and assistance as he believes will best carry out the mission of the Department, participate in coordinating all research initiated under this subsection, indicate the lines of inquiry which seem to him most important, and encourage and assist in the establishment and maintenance of cooperation by and between the institutions, agencies, organizations, or persons and between them and other research organizations, the Department, and other Federal agencies. (3) The Secretary may from time to time disseminate in the form of reports or publications to public or private agencies or organizations, or individuals such information as he deems pertinent on the research carried out pursuant to this section. (4) Nothing contained in this subsection is intended to amend, modify, or repeal any provisions of law administered by the Department which authorize the making of contracts for research. (Pub. L. 89-670, § 9, Oct. 15, 1966, 80 Stat. 944; 1970, Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. -.) REFERENCES IN TEXT The civil service and classification laws, referred to in subsec. (a), are classified generally to Title 5, Government Organization and Employees. Section 8(d) and (e) of this Act, referred to in subsec. (g), is section 8(d) and (e) of Pub. L. 89-670 which amended section 312(a) of this title and section 213(b) (1) of Title 29, Labor. For the effective date of this Act, referred to in subsec. (1), see Effective Date Note under section 1651 of this title. The Executive Schedule, referred to in subsec. (1), is set out in section 5311 et seq., of Title 5, Government Organization and Employees. CHANGE OF NAME The Bureau of the Budget was designated the Office of Management and Budget and the offices of Director of the Bureau of the Budget, Deputy Director of the Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970, set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget. EFFECTIVE DATE: INTERIM APPOINTMENTS Provisions of this section effective April 1, 1967, see section 15 of Pub. L. 89-670, and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.F. 5453, set out as notes under section 1651 of this title. § 1658. Annual reports. The Secretary shall, as soon as practicable after the end of each fiscal year, make a report in writing to the President for submission to the Congress on the activities of the Department during the preceding fiscal year. (Pub. L. 89-670, § 11, Oct. 15, 1966, 80 Stat. 949.) EFFECTIVE DATE Provisions of this section effective April 1, 1967, see section 15(a) of Pub. L. 89-670, and Ex. Ord. No. 11340, Mar 30, 1967, 32 F.R. 5453, set out as notes under section 1651 of this title. §1659. Separability of provisions. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of this chapter, and the application of such provision to other persons or circumstances shall not be affected thereby. (Pub. L. 89-670, § 13, Oct. 15, 1966. 80 Stat. 950.) § 1671. Definitions. As used in this chapter (1) "Person" means any individual, firm, joint venture, partnership, corporation, association, State, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof; (2) "Gas" means natural gas, flammable gas, or gas which is toxic or corrosive; (3) "Transportation of gas" means the gathering, transmission or distribution of gas by pipeline or its storage in or affecting interstate or foreign commerce; except that it shall not include the gathering of gas in those rural locations which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area which the Secretary may define as a nonrural area; (4) "Pipeline facilities" includes, without limitaChapter 24.-NATURAL GAS PIPELINE SAFETY tion, new and existing pipe rights-of-way and any equipment facility, or building used in the transportation of gas or the treatment of gas during the course of transportation but "rights-of-way" as used in this chapter does not authorize the Secretary to prescribe the location or routing of any pipeline facility; (5) "State" includes each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico; (6) "Municipality" means a city, county, or any other political subdivision of a State; (7) "National organization of State commissions" means the national organization of the State commissions referred to in part II of the Interstate Commerce Act; (8) "Interstate transmission facilities" means pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act; and (9) "Secretary" means the Secretary of Transportation. (Pub. L. 90-481, § 2, Aug. 12, 1968, 82 Stat. 720.) REFERENCES IN TEXT Part II of the Interstate Commerce Act, referred to in text, is Part II of act Feb. 4, 1887, ch. 104, as added Aug. 9, 1935, ch. 498, 49 Stat. 543, which is classified to section 301 et seq. of this title. The Natural Gas Act, referred to in text, is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified to section 717 et seq. of Title 15, Commerce and Trade. SHORT TITLE Section 1 of Pub. L. 90-481 provided: "That this Act [enacting this chapter] may be cited as the 'Natural Gas Pipeline Safety Act of 1968'." § 1672. Federal safety standards. (a) Interim standards. As soon as practicable but not later than three months after August 12, 1968, the Secretary shall, by order, adopt as interim minimum Federal safety standards for pipeline facilities and the transportation of gas in each State the State standards regulating pipeline facilities and the transportation of gas within such State on August 12, 1968. In any State in which no such standards are in effect, the |