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Title 49—Transportation
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49 CFR Subtitle A
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Office of Secretary of Transportation, Department of Transportation
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Transportation

Part / Section

Office of the Secretary of Transportation

Organization and Delegation of Powers and Duties

Subpart A	General	1.1 – 1.4
Subpart B	Office of the Secretary	1.11 – 1.60
Subpart C	Office of Inspector General	1.70 – 1.74
Subpart D	Operating Administrations	1.80 – 1.101
Appendix A to Part 1 Delegations and Redelegations by Secretarial Officers

§ 3.1

Administrative Procedures

Subpart A	General	5.1
Subpart B	Rulemaking Procedures	5.3 – 5.9

Implementation of Equal Access to Justice Act in Agency Proceedings

Subpart A	General Provisions	6.1 – 6.13
Subpart B	Information Required from Applicants	6.17 – 6.21
Subpart C	Procedures for Considering Applications	6.23 – 6.39

Public Availability of Information

Subpart A	General Provisions	7.1 – 7.2
Subpart B	Information Required To Be Made Public by DOT	7.11 – 7.15
Subpart C	Availability of Reasonably Described Records Under the Freedom of Information Act	7.21 – 7.29
Subpart D	Time Limits	7.31 – 7.35
Subpart E	Fees	7.41 – 7.46

Classified Information: Classification/Declassification/Access

Subpart A	General	8.1 – 8.7
Subpart B	Classification/Declassification of Information	8.9 – 8.23
Subpart C	Access to Information	8.25 – 8.31

Testimony of Employees of the Department and Production of Records in Legal Proceedings

§ 9.1	Purpose.
§ 9.2	Applicability.
§ 9.3	Definitions.
§ 9.5	General prohibition of production or disclosure in legal proceedings.
§ 9.7	Testimony by employees before the Department or in other legal proceedings in which the United States is a party.
§ 9.9	Legal proceedings between private litigants: General rules.
§ 9.11	Legal proceedings between private litigants: Demands.
§ 9.13	Legal proceedings between private litigants: Procedures to request records.
§ 9.15	Legal proceedings between private litigants: Procedures to request testimony.
§ 9.17	Legal proceedings between private litigants: Procedures for taking testimony.
§ 9.19	Acceptance of service on behalf of Secretary.

Maintenance of and Access to Records Pertaining to Individuals

Subpart A	Applicability and Policy	10.1 – 10.5
Subpart B	General	10.11 – 10.15
Subpart C	Maintenance of Records	10.21 – 10.29
Subpart D	Availability of Records	10.31 – 10.39
Subpart E	Correction of Records	10.41 – 10.45
Subpart F	Procedures for Reconsidering Decisions Not To Grant Access to or Amend Records	10.51
Subpart G	Exemptions	10.61 – 10.63
Subpart H	Fees	10.71 – 10.77
Subpart I	Criminal Penalties	10.81 – 10.85
Appendix A to Part 10 Exemptions

Protection of Human Subjects

11.101 – 11.124

§ 11.101	To what does this policy apply?
§ 11.102	Definitions for purposes of this policy.
§ 11.103	Assuring compliance with this policy—research conducted or supported by any Federal department or agency.
§ 11.104	Exempt research.
§§ 11.105-11.106 [Reserved]
§ 11.107	IRB membership.
§ 11.108	IRB functions and operations.
§ 11.109	IRB review of research.
§ 11.110	Expedited review procedures for certain kinds of research involving no more than minimal risk, and for minor changes in approved research.
§ 11.111	Criteria for IRB approval of research.
§ 11.112	Review by Institution
§ 11.113	Suspension or Termination of IRB Approval of Research.
§ 11.114	Cooperative Research.
§ 11.115	IRB Records.
§ 11.116	General Requirements for Informed Consent.
§ 11.117	Documentation of informed consent.
§ 11.118	Applications and proposals lacking definite plans for involvement of human subjects.
§ 11.119	Research undertaken without the intention of involving human subjects.
§ 11.120	Evaluation and disposition of applications and proposals for research to be conducted or supported by a Federal department or agency.
§ 11.121 [Reserved]
§ 11.122	Use of Federal funds.
§ 11.123	Early termination of research support: Evaluation of applications and proposals.
§ 11.124	Conditions.

Protection of Sensitive Security Information

§ 15.1	Scope.
§ 15.3	Terms used in this part.
§ 15.5	Sensitive security information.
§ 15.7	Covered persons.
§ 15.9	Restrictions on the disclosure of SSI.
§ 15.11	Persons with a need to know.
§ 15.13	Marking SSI.
§ 15.15	SSI disclosed by DOT.
§ 15.17	Consequences of unauthorized disclosure of SSI.
§ 15.19	Destruction of SSI.

Intergovernmental Review of Department of Transportation Programs and Activities

§ 17.1	What is the purpose of these regulations?
§ 17.2	What definitions apply to these regulations?
§ 17.3	What programs and activities of the Department are subject to these regulations?
§ 17.4 [Reserved]
§ 17.5	What is the Secretary's obligation with respect to Federal interagency coordination?
§ 17.6	What procedures apply to the selection of programs and activities under these regulations?
§ 17.7	How does the Secretary communicate with state and local officials concerning the Department's programs and activities?
§ 17.8	How does the Secretary provide states an opportunity to comment on proposed Federal financial assistance and direct Federal development?
§ 17.9	How does the Secretary receive and respond to comments?
§ 17.10	How does the Secretary make efforts to accommodate intergovernmental concerns?
§ 17.11	What are the Secretary's obligations in interstate situations?
§ 17.12	How may a state simplify, consolidate, or substitute federally required state plans?
§ 17.13	May the Secretary waive any provision of these regulations?

Parts 18-19 [Reserved]

New Restrictions on Lobbying

20.100 – 20.605

Subpart A	General	20.100 – 20.110
Subpart B	Activities by Own Employees	20.200 – 20.210
Subpart C	Activities by Other Than Own Employees	20.300
Subpart D	Penalties and Enforcement	20.400 – 20.410
Subpart E	Exemptions	20.500
Subpart F	Agency Reports	20.600 – 20.605
Appendix A to Part 20 Certification Regarding Lobbying
Appendix B to Part 20 Disclosure Form To Report Lobbying

Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964

§ 21.1	Purpose.
§ 21.3	Application of this part.
§ 21.5	Discrimination prohibited.
§ 21.7	Assurances required.
§ 21.9	Compliance information.
§ 21.11	Conduct of investigations.
§ 21.13	Procedure for effecting compliance.
§ 21.15	Hearings.
§ 21.17	Decisions and notices.
§ 21.19	Judicial review.
§ 21.21	Effect on other regulations, forms, and instructions.
§ 21.23	Definitions.
Appendix A to Part 21 Activities to Which This Part Applies
Appendix B to Part 21 Activities to Which This Part Applies When a Primary Objective of the Federal Financial Assistance Is To Provide Employment
Appendix C to Part 21 Application of Part 21 to Certain Federal Financial Assistance of the Department of Transportation

Short-Term Lending Program (STLP)

Subpart A	General	22.1 – 22.3
Subpart B	Policies Applying to STLP Loans	22.11 – 22.19
Subpart C	Participating Lenders	22.21 – 22.33
Subpart D	Loan Application Process	22.41 – 22.45
Subpart E	Loan Administration	22.51 – 22.69

Participation of Disadvantaged Business Enterprise in Airport Concessions

Subpart A	General	23.1 – 23.13
Subpart B	ACDBE Programs	23.21 – 23.29
Subpart C	Certification and Eligibility of ACDBEs	23.31 – 23.39
Subpart D	Goals, Good Faith Efforts, and Counting	23.41 – 23.61
Subpart E	Other Provisions	23.71 – 23.81

Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs

24.1 – 24.603

Subpart A	General	24.1 – 24.11
Subpart B	Real Property Acquisition	24.101 – 24.108
Subpart C	General Relocation Requirements	24.201 – 24.209
Subpart D	Payments for Moving and Related Expenses	24.301 – 24.306
Subpart E	Replacement Housing Payments	24.401 – 24.404
Subpart F	Mobile Homes	24.501 – 24.503
Subpart G	Certification	24.601 – 24.603
Appendix A to Part 24 Additional Information
Appendix B to Part 24 Statistical Report Form

Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance

25.100 – 25.605

Subpart A	Introduction	25.100 – 25.140
Subpart B	Coverage	25.200 – 25.235
Subpart C	Discrimination on the Basis of Sex in Admission and Recruitment Prohibited	25.300 – 25.310
Subpart D	Discrimination on the Basis of Sex in Education Programs or Activities Prohibited	25.400 – 25.455
Subpart E	Discrimination on the Basis of Sex in Employment in Education Programs or Activities Prohibited	25.500 – 25.550
Subpart F	Procedures	25.600 – 25.605

Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs

26.1 – 26.111

Subpart A	General	26.1 – 26.15
Subpart B	Administrative Requirements for DBE Programs for Federally Assisted Contracting	26.21 – 26.39
Subpart C	Goals, Good Faith Efforts, and Counting	26.41 – 26.55
Subpart D	Certification Standards	26.61 – 26.73
Subpart E	Certification Procedures	26.81 – 26.91
Subpart F	Compliance and Enforcement	26.101 – 26.111
Appendix A to Part 26 Guidance Concerning Good Faith Efforts
Appendix B to Part 26 [Reserved]
Appendix C to Part 26 DBE Business Development Program Guidelines
Appendix D to Part 26 Mentor-Protégé Program Guidelines

Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance

27.1 – 27.129

Subpart A	General	27.1 – 27.19
Subpart B	Accessibility Requirements in Specific Operating Administration Programs: Airports, Railroads, and Highways	27.71 – 27.77
Subpart C	Enforcement	27.121 – 27.129

Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation

28.101 – 28.999

§ 28.101	Purpose.
§ 28.102	Application.
§ 28.103	Definitions.
§§ 28.104-28.109 [Reserved]
§ 28.110	Self-evaluation.
§ 28.111	Notice.
§§ 28.112-28.129 [Reserved]
§ 28.130	General prohibition against discrimination.
§ 28.131	Illegal use of drugs.
§§ 28.132-28.139 [Reserved]
§ 28.140	Employment.
§§ 28.141-28.148 [Reserved]
§ 28.149	Program accessibility: Discrimination prohibited.
§ 28.150	Program accessibility: Existing facilities.
§ 28.151	Program accessibility: New construction and alterations.
§§ 28.152-28.159 [Reserved]
§ 28.160	Communications.
§§ 28.161-28.169 [Reserved]
§ 28.170	Compliance procedures.
§§ 28.171-28.999 [Reserved]

Tribal Transportation Self-Governance Program

29.1 – 29.933

Subpart A	General Provisions	29.1 – 29.9
Subpart B	Eligibility and Negotiation Process	29.100 – 29.109
Subpart C	Final Offer Process	29.200 – 29.213
Subpart D	Contents of Compacts and Funding Agreements	29.300 – 29.311
Subpart E	Rules and Procedures for Transfer and Use of Funds	29.400 – 29.421
Subpart F	Program Operations	29.500 – 29.534
Subpart G	Withdrawal	29.600 – 29.603
Subpart H	Retrocession	29.700 – 29.706
Subpart I	Termination and Reassumption	29.800 – 29.806
Subpart J	Dispute Resolution and Appeals	29.900 – 29.933

Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors

§ 30.1	Purpose.
§ 30.3	Applicability.
§ 30.5	Effective dates.
§ 30.7	Definitions.
§ 30.9	Citizenship: Direct or indirect control.
§ 30.11	Use of solicitation provisions and contract clauses.
§ 30.13	Restrictions on Federal public works projects: Certification.
§ 30.15	Restrictions on Federal public works projects.
§ 30.17	Waivers.
§ 30.19	Buy American Act.

Program Fraud Civil Remedies

§ 31.1	Basis and purpose.
§ 31.2	Definitions.
§ 31.3	Basis for civil penalties and assessments.
§ 31.4	Investigation.
§ 31.5	Review by the reviewing official.
§ 31.6	Prerequisites for issuing a complaint.
§ 31.7	Complaint.
§ 31.8	Service of complaint.
§ 31.9	Answer.
§ 31.10	Default upon failure to answer.
§ 31.11	Referral of complaint and answer to the ALJ.
§ 31.12	Notice of hearing.
§ 31.13	Parties to the hearing.
§ 31.14	Separation of functions.
§ 31.15	Ex parte contacts.
§ 31.16	Disqualification of reviewing official or ALJ.
§ 31.17	Rights of parties.
§ 31.18	Authority of the ALJ.
§ 31.19	Prehearing conferences.
§ 31.20	Disclosure of documents.
§ 31.21	Discovery.
§ 31.22	Exchange of witness lists, statements, and exhibits.
§ 31.23	Subpoenas for attendance at hearing.
§ 31.24	Protective order.
§ 31.25	Fees.
§ 31.26	Filing, form, and service of papers.
§ 31.27	Computation of time.
§ 31.28	Motions.
§ 31.29	Sanctions.
§ 31.30	The hearing and burden of proof.
§ 31.31	Determining the amount of penalties and assessments.
§ 31.32	Location of hearing.
§ 31.33	Witnesses.
§ 31.34	Evidence.
§ 31.35	The record.
§ 31.36	Post-hearing briefs.
§ 31.37	Initial decision.
§ 31.38	Reconsideration of initial decision.
§ 31.39	Appeal to authority head.
§ 31.40	Stays ordered by the Department of Justice.
§ 31.41	Stay pending appeal.
§ 31.42	Judicial review.
§ 31.43	Collection of civil penalties and assessments.
§ 31.44	Right to administrative offset.
§ 31.45	Deposit in Treasury of United States.
§ 31.46	Compromise or settlement.
§ 31.47	Limitations.

Governmentwide Requirements for Drug-Free Workplace (Financial Assistance)

32.100 – 32.670

Subpart A	Purpose and Coverage	32.100 – 32.115
Subpart B	Requirements for Recipients Other Than Individuals	32.200 – 32.230
Subpart C	Requirements for Recipients Who Are Individuals	32.300 – 32.301
Subpart D	Responsibilities of DOT Awarding Officials	32.400
Subpart E	Violations of this Part and Consequences	32.500 – 32.515
Subpart F	Definitions	32.605 – 32.670

Transportation Priorities and Allocation System

Subpart A	General	33.1 – 33.3
Subpart B	Definitions	33.20
Subpart C	Placement of Rated Orders	33.30 – 33.38
Subpart D	Special Priorities Assistance	33.40 – 33.45
Subpart E	Allocation Actions	33.50 – 33.56
Subpart F	Official Actions	33.60 – 33.63
Subpart G	Compliance	33.70 – 33.75
Subpart H	Adjustments, Exceptions, and Appeals	33.80 – 33.81
Subpart I	Miscellaneous Provisions	33.90 – 33.93
Appendix I to Part 33 Sample Form OST F 1254
Schedule 1 to Part 33 Approved Programs

Transportation Services for Individuals with Disabilities (ADA)

37.1 – 37.215

Subpart A	General	37.1 – 37.19
Subpart B	Applicability	37.21 – 37.39
Subpart C	Transportation Facilities	37.41 – 37.69
Subpart D	Acquisition of Accessible Vehicles By Public Entities	37.71 – 37.99
Subpart E	Acquisition of Accessible Vehicles by Private Entities	37.101 – 37.119
Subpart F	Paratransit as a Complement to Fixed Route Service	37.121 – 37.159
Subpart G	Provision of Service	37.161 – 37.173
Subpart H	Over-the-Road Buses (OTRBs)	37.181 – 37.215
Appendix A to Part 37 Modifications to Standards for Accessible Transportation Facilities
Appendix B to Part 37 FTA Regional Offices
Appendix C to Part 37 Certifications
Appendix D to Part 37 Construction and Interpretation of Provisions of 49 CFR Part 37
Appendix E to Part 37 Reasonable Modification Requests

Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles

38.1 – 38.179

Subpart A	General	38.1 – 38.4
Subpart B	Buses, Vans and Systems	38.21 – 38.39
Subpart C	Rapid Rail Vehicles and Systems	38.51 – 38.63
Subpart D	Light Rail Vehicles and Systems	38.71 – 38.87
Subpart E	Commuter Rail Cars and Systems	38.91 – 38.109
Subpart F	Intercity Rail Cars and Systems	38.111 – 38.127
Subpart G	Over-the-Road Buses and Systems	38.151 – 38.161
Subpart H	Other Vehicles and Systems	38.171 – 38.179
Figures to Part 38 Figures to Part 38
Appendix to Part 38 Guidance Material

Transportation for Individuals with Disabilities: Passenger Vessels

39.1 – 39.109

Subpart A	General	39.1 – 39.13
Subpart B	Nondiscrimination and Access to Services	39.21 – 39.47
Subpart C	Information for Passengers	39.51 – 39.57
Subpart D	Accessibility of Landside Facilities	39.61 – 39.63
Subpart E—Accessibility of Vessels [Reserved]
Subpart F	Assistance and Services to Passengers With Disabilities	39.81 – 39.95
Subpart G	Complaints and Enforcement Procedures	39.101 – 39.109

Procedures for Transportation Workplace Drug and Alcohol Testing Programs

40.1 – 40.413

Subpart A	Administrative Provisions	40.1 – 40.7
Subpart B	Employer Responsibilities	40.11 – 40.27
Subpart C	Specimen Collection Personnel	40.31 – 40.36
Subpart D	Collection Sites, Forms, Equipment and Supplies Used in DOT Urine and Oral Fluid Collections	40.40 – 40.51
Subpart E	Specimen Collections	40.61 – 40.79
Subpart F	Drug Testing Laboratories	40.81 – 40.111
Subpart G	Medical Review Officers and the Verification Process	40.121 – 40.167
Subpart H	Split Specimen Tests	40.171 – 40.187
Subpart I	Problems in Drug Tests	40.191 – 40.210
Subpart J	Alcohol Testing Personnel	40.211 – 40.215
Subpart K	Testing Sites, Forms, Equipment and Supplies Used in Alcohol Testing	40.221 – 40.235
Subpart L	Alcohol Screening Tests	40.241 – 40.247
Subpart M	Alcohol Confirmation Tests	40.251 – 40.255
Subpart N	Problems in Alcohol Testing	40.261 – 40.277
Subpart O	Substance Abuse Professionals and the Return-to-Duty Process	40.281 – 40.311
Subpart P	Confidentiality and Release of Information	40.321 – 40.333
Subpart Q	Roles and Responsibilities of Service Agents	40.341 – 40.355
Subpart R	Public Interest Exclusions	40.361 – 40.413
Appendix A to Part 40 DOT Standards for Urine Collection Kits
Appendix B to Part 40 Oral Fluid Collection Kit Contents
Appendix C to Part 40 [Reserved]
Appendix D to Part 40 DOT Drug Testing Semi-Annual Laboratory Report to Employers
Appendix E to Part 40 Drug Testing Semi-Annual Laboratory Report to DOT
Appendix F to Part 40 Report Format: Split Specimen Failure To Reconfirm
Appendix G to Part 40 SAP Equivalency Requirements for Certification Organizations
Appendix H to Part 40 Drug and Alcohol Testing Information that C/TPAs May Transmit to Employers
Appendix I to Part 40 Alcohol Testing Form
Appendix J to Part 40 DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form

41.100 – 41.125

§ 41.100	Purpose and applicability.
§ 41.105	Definitions.
§ 41.110	New DOT owned buildings and additions to buildings.
§ 41.115	New buildings to be leased for DOT occupancy.
§ 41.117	Buildings built with Federal assistance.
§ 41.119	DOT regulated buildings.
§ 41.120	Acceptable model codes.
§ 41.125	Judicial review.

Standard Time Zone Boundaries

§ 71.1	Limits defined; exceptions authorized for certain rail operating purposes only.
§ 71.2	Annual advancement of standard time.
§ 71.3	Atlantic zone.
§ 71.4	Eastern zone.
§ 71.5	Boundary line between eastern and central zones.
§ 71.6	Central zone.
§ 71.7	Boundary line between central and mountain zones.
§ 71.8	Mountain zone.
§ 71.9	Boundary line between mountain and Pacific zones.
§ 71.10	Pacific zone.
§ 71.11	Alaska zone.
§ 71.12	Hawaii-Aleutian zone.
§ 71.13	Samoa zone.
§ 71.14	Chamorro Zone.

Medals of Honor

§ 79.1	Scope.
§ 79.3	Application.
§ 79.5	Investigation.
§ 79.7	Award.
§ 79.9	Design.

Credit Assistance for Surface Transportation Projects

§ 80.1	Purpose.
§ 80.3	Definitions.
§ 80.5	Limitations on assistance.
§ 80.7	Application process.
§ 80.9	Federal requirements.
§ 80.11	Investment-grade ratings.
§ 80.13	Threshold criteria.
§ 80.15	Selection criteria.
§ 80.17	Fees.
§ 80.19	Reporting requirements.
§ 80.21	Use of administrative offset.
§ 80.23	Loan terms.

Implementation of the Federal Claims Collection Act

Subpart A	General	89.1 – 89.15
Subpart B	Collection of Claims	89.21 – 89.35
Subpart C	Referral of Debts to IRS for Tax Refund Offset	89.37 – 89.47

International Air Transportation Fair Competitive Practices

§ 91.1	Purpose.
§ 91.3	Investigations.
§ 91.5	Findings and recommendations.
§ 91.7	Determination of compensatory charges.
§ 91.9	Distribution of compensatory funds.
§ 91.11	Standards.
§ 91.13	Refunds.

Recovering Debts to the United States by Salary Offset

§ 92.1	Purpose.
§ 92.3	Scope.
§ 92.5	Definitions.
§ 92.7	Notice, hearing, written response and decision.
§ 92.9	Exceptions to notice, hearing, written response, and final decision.
§ 92.11	Demand for payment.
§ 92.13	Request for hearing.
§ 92.15	Request for hearing after time expires.
§ 92.17	Form of hearings and written decisions.
§ 92.19	Obtaining the services of a hearing official.
§ 92.21	Deduction from pay.
§ 92.23	Collection.
§ 92.25	Source of deductions.
§ 92.27	Duration of deductions.
§ 92.29	Limitation on amount of deductions.
§ 92.31	Liquidation from final payment.
§ 92.33	Recovery from other payments due a separated employee.
§ 92.35	Interest, penalties and administrative costs.
§ 92.37	Non-waiver of rights by payment.
§ 92.39	Refunds.
§ 92.41	Requesting recovery when the Department is not the paying agency.
§ 92.43	Requests for recovery when the Department is the paying agency.
§ 92.45	Other debt collections.

Part 93 [Reserved]

Part 95 [Reserved]

Enforcement of Restrictions on Post-Employment Activities

Subpart A	Administration of Enforcement Proceedings	98.1 – 98.11
Subpart B	Administrative Sanctions	98.12
Subpart C	Judicial Review	98.13

Employee Responsibilities and Conduct

99.735-1 – 99.735-81

Subpart A	General	99.735-1
Subparts B-E [Reserved]
Subpart F	Responsibilities of the Government Employee and Special Government Employee Following Departure From Government Service	99.735-80 – 99.735-81
Appendix A to Part 99 Categories of Financial Interests Exempted From the Prohibitions of Section 208(a) of Title 18, United States Code
Appendixes B-D to Part 99 [Reserved]
Appendix E to Part 99 Statutes Regulating Post-Employment Responsibilities of Government and Special Government Employees
Appendix to Subtitle A United States Railway Association—Employee Responsibilities and Conduct

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