§101. Purpose — Inbound Citations

Implementing Regulations (Code of Federal Regulations)

Statutory authority for 13 regulations in the Code of Federal Regulations.

• 33 C.F.R. § 1.05-1 — Delegation of rulemaking authority.

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• 33 C.F.R. § 1.05-10 — Regulatory process overview.

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• 33 C.F.R. § 1.05-15 — Public participation.

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• 33 C.F.R. § 1.05-20 — Petitions for rulemaking.

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• 33 C.F.R. § 1.05-25 — Public docket.

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• 33 C.F.R. § 1.05-30 — Advance notice of proposed rulemaking (ANPRM).

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• 33 C.F.R. § 1.05-35 — Notice of proposed rulemaking (NPRM).

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• 33 C.F.R. § 1.05-40 — Supplemental notice of proposed rulemaking (SNPRM).

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• 33 C.F.R. § 1.05-45 — Interim rule.

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• 33 C.F.R. § 1.05-5 — Marine Safety and Security Council.

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• 33 C.F.R. § 1.05-50 — Final rule.

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• 33 C.F.R. § 1.05-55 — Direct final rule.

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• 33 C.F.R. § 1.05-60 — Negotiated rulemaking.

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Code of Federal Regulations Citations

Cited by 1 regulation in the Code of Federal Regulations.

• 49 C.F.R. § 1.45(a) — Delegations to the Director of the Office of Intelligence, Security and Emergency Response.

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  (a) Carry out the functions related to emergency preparedness and response vested in the Secretary by the following authorities: 49 U.S.C. 101 and 301; Executive Order 12148, as amended (“Federal Emergency Management”); Executive Order 12656 (“Assignment of Emergency Preparedness Responsibilities”) (as amended; see Executive Order 13286); Executive Order 12742 (“National Security Industrial Responsiveness”); Executive Order 13434 (“National Security Professional Development”); Reorganization Plan No. 3 of 1978 (5 U.S.C. app at 235 (2012); and such other statutes, executive orders, and other directives as may pertain to emergency preparedness and response.

Citations to 49 U.S.C. § 101 as a whole

• 18 U.S.C. § 1201(e)

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  (e) If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States. As used in this subsection, the United States includes all areas under the jurisdiction of the United States including any of the places within the provisions of sections 5 and 7 of this title and section 46501(2) of title 49. For purposes of this subsection, the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

• 42 U.S.C. § 3338(2)

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  (2) “Areawide development project” means a project assisted or to be assisted under section 702 of the Housing and Urban Development Act of 1965 [42 U.S.C. 3102]; section 606 of the Public Health Service Act [42 U.S.C. 291f]; section 8¹ of the Federal Water Pollution Control Act [33 U.S.C. 1158)]; section 120(a) of title 23; section 12¹ of the Federal Airport Act; section 19¹ of the Airport and Airway Development Act of 1970; section 5309 of title 49; title VII of the Housing Act of 1961 [42 U.S.C. 1500) et seq.]; or section 200305(e) of title 54; or under section 101(a)(1)¹ of the Public Works and Economic Development Act of 1965 (for a project of a type which the Secretary determines to be eligible for assistance under any of the other provisions listed above).

• 49 U.S.C. § 5103a(f)

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  (f) In this section, the term “alien” has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act.

• 49 U.S.C. § 22902(e)

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  (e) To receive a grant under this section, Amtrak may enter into a cooperative agreement with 1 or more States to carry out 1 or more projects on a State rail plan’s ranked list of rail capital projects developed under section 22504(a)(5)¹ of this title. For such a grant, Amtrak may not use Federal funds authorized under section 101(a) or (c) of the Passenger Rail Investment and Improvement Act of 2008 to fulfill the non-Federal share requirements under subsection (g) of this section.

• 49 U.S.C. § 22902(k)

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  (k) The Secretary shall make not less than 5 percent annually available from the amounts authorized under section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 beginning in fiscal year 2009 for grants for capital projects eligible under this section not exceeding $2,000,000, including costs eligible under section 209(d)¹ of that Act. For grants awarded under this subsection, the Secretary may waive requirements of this section, including State rail plan requirements, as appropriate.

• 49 U.S.C. § 44935(e)(2)(A)(ii)

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  (ii) to be a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));

• 49 U.S.C. § 44939(a)

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  (a) A person operating as a flight instructor, pilot school, or aviation training center or subject to regulation under this part may provide training in the operation of any aircraft having a maximum certificated takeoff weight of more than 12,500 pounds to an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual specified by the Secretary of Homeland Security only if—

  (1) that person has first notified the Secretary that the alien or individual has requested such training and submitted to the Secretary, in such form as the Secretary may prescribe, the following information about the alien or individual:

  (A) full name, including any aliases used by the applicant or variations in spelling of the applicant’s name;

  (B) passport and visa information;

  (C) country of citizenship;

  (D) date of birth;

  (E) dates of training; and

  (F) fingerprints collected by, or under the supervision of, a Federal, State, or local law enforcement agency or by another entity approved by the Federal Bureau of Investigation or the Secretary of Homeland Security, including fingerprints taken by United States Government personnel at a United States embassy or consulate; and

  (2) the Secretary has not directed, within 30 days after being notified under paragraph (1), that person not to provide the requested training because the Secretary has determined that the individual presents a risk to aviation or national security.

• 49 U.S.C. § 44939(c)

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  (c) A person operating as a flight instructor, pilot school, or aviation training center or subject to regulation under this part may provide training in the operation of any aircraft having a maximum certificated takeoff weight of 12,500 pounds or less to an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) or to any other individual specified by the Secretary of Homeland Security only if that person has notified the Secretary that the individual has requested such training and furnished the Secretary with that individual’s identification in such form as the Secretary may require.

• 49 U.S.C. § 44939(d)

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  (d) The Secretary of Homeland Security shall establish a process to ensure that the waiting period under subsection (a) shall not exceed 5 days for an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) who—

  (1) holds an airman’s certification of a foreign country that is recognized by an agency of the United States, including a military agency, that permits an individual to operate a multi-engine aircraft that has a certificated takeoff weight of more than 12,500 pounds;

  (2) is employed by a foreign air carrier that is certified under part 129 of title 14, Code of Federal Regulations, and that has a security program approved under section 1546 of title 49), Code of Federal Regulations;

  (3) is an individual that has unescorted access to a secured area of an airport designated under section 44936(a)(1)(A)(ii); or

  (4) is an individual that is part of a class of individuals that the Secretary has determined that providing aviation training to presents minimal risk to aviation or national security because of the aviation training already possessed by such class of individuals.

• 49 U.S.C. § 46502(b)(3)

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  (3) For purposes of this subsection, the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

Citations to §101(a)

• 49 U.S.C. § 22902(e)

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  (e) To receive a grant under this section, Amtrak may enter into a cooperative agreement with 1 or more States to carry out 1 or more projects on a State rail plan’s ranked list of rail capital projects developed under section 22504(a)(5)¹ of this title. For such a grant, Amtrak may not use Federal funds authorized under section 101(a) or (c) of the Passenger Rail Investment and Improvement Act of 2008 to fulfill the non-Federal share requirements under subsection (g) of this section.