§352 — Title 49 Transportation | U.S. Code

Summary

Under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), the Secretary and the heads of FRA, FMCSA, and FAA get the same powers and duties that the agency had before those duties were moved. When they use those powers, their actions count the same as if the previous agency had done them.

Title 49, §352

Transportation — Source: USLM XML via OLRC

In carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), the Secretary of Transportation and the Administrators of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, and the Federal Aviation Administration have the same authority that was vested in the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer. An action of the Secretary or Administrator in carrying out the duty or power has the same effect as when carried out by the department, agency, or instrumentality.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 35249 App.:1653(d).Oct. 15, 1966, Pub. L. 89–670, § 4(d), 80 Stat. 934. The words “force and” are omitted as surplus.

Editorial Notes

References in Text

The Department of Transportation Act, referred to in text, is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.

Amendments

2005—Pub. L. 109–59 substituted “Federal Motor Carrier Safety Administration” for “Federal Highway Administration”.

§352 Authority to Carry Out Certain Transferred Duties and Powers