SUBCHAPTER [TITLE]I--GENERAL PROVISIONS
Sec. 1301. Definitions
Sec. 1302. Consideration of matters in public interest by Board
Sec. 1303. Consideration of matters in public interest by Secretary of
Transportation
Sec. 1304. Public right of transit; accessibility of airports and air
transportation to disabled persons
Sec. 1305. Federal preemption
Sec. 1306. Report on subsidiary cost-sharing
Sec. 1307. Safety study
Sec. 1308. Report on air carrier marketing of tours
SUBCHAPTER [TITLE]II--CIVIL AERONAUTICS BOARD; GENERAL POWERS
Sec. 1321. Omitted
Sec. 1322. Omitted
Sec. 1323. Omitted
Sec. 1324. General powers and duties of the Board
Sec. 1325. Omitted
SUBCHAPTER [TITLE]III--ORGANIZATION OF ADMINISTRATION; POWERS AND DUTIES OF
ADMINISTRATOR
Sec. 1341. Federal Aviation Administration
Sec. 1342. Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat.
2444
Sec. 1343. General powers and duties of Secretary of Transportation
Sec. 1344. Procurement authority
Sec. 1345. Presidential authority to transfer certain functions
Sec. 1346. Fostering of civil aeronautics and air commerce
Sec. 1346a. Civil aviation information distribution program
Sec. 1347. National defense and civil needs
Sec. 1348. Airspace control and facilities
Sec. 1348a. Collegiate Training Initiative
Sec. 1349. Expenditure of Federal funds for certain airports and air
navigation facilities; location of airports, landing areas, and
missile and rocket sites
Sec. 1350. Establishment or construction of airports and landing areas
not involving expenditure of Federal funds
Sec. 1351. Meteorological service
Sec. 1352. Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat.
2444
Sec. 1353. Development planning
Sec. 1354. Other powers and duties of Secretary of Transportation
Sec. 1354a. Facilities and equipment; Airport and Airway Trust Fund
Sec. 1355. Delegation of powers and duties to private persons;
application for reconsideration
Sec. 1356. Screening procedures for passengers; promulgation and
amendment of regulations by Administrator; reports to Congress;
exempted air transportation operations
Sec. 1356a. Security measures in foreign air transportation
Sec. 1356b. Authority to carry firearms and make arrests
Sec. 1357. Air transportation security
Sec. 1358. Airport security in Alaska; exemptions from requirements
Sec. 1358a. Assistant Administrator of Civil Aviation Security
Sec. 1358b. Federal Security Managers and Foreign Security Liaison
Officers
Sec. 1358c. Deployment of explosive detection equipment
Sec. 1358d. Reporting of threats to civil aviation
Sec. 1359. Solicitation of funds or distribution of materials by
individuals, and religious, etc., organizations in airports operated
by Administration
SUBCHAPTER [TITLE]IV--AIR CARRIER ECONOMIC REGULATION
Sec. 1371. Certificate of public convenience and necessity
Sec. 1371a. Suspension, modification, or revocation of certificate of
public convenience and necessity or foreign air carrier permit;
illegal importation of controlled substances
Sec. 1372. Permits to foreign air carriers
Sec. 1373. Tariffs of air carriers
Sec. 1374. Rates for carriage of persons and property
Sec. 1375. Transportation of mail
Sec. 1376. Rates for transportation of mail
Sec. 1376a. Prohibition on expenditure of funds for mail transportation
services provided after September 30, 1982; other limitations
Sec. 1376b. Carrier claims for compensation for transportation of mail
or for small community air service
Sec. 1377. Accounts, records, and reports
Sec. 1378. Consolidation, merger, and acquisition of control
Sec. 1379. Interlocking relationships
Sec. 1380. Passenger manifest
Sec. 1381. Methods of competition; incorporation by reference
Sec. 1382. Pooling and other agreements
Sec. 1383. Form of control
Sec. 1384. Antitrust exemption
Sec. 1385. Inquiry into air carrier management
Sec. 1386. Classification and exemption of carriers
Sec. 1387. Omitted
Sec. 1388. Certificate for all-cargo air service
Sec. 1389. Small community air service
SUBCHAPTER [TITLE]V--NATIONALITY AND OWNERSHIP OF AIRCRAFT
Sec. 1401. Registration of aircraft nationality
Sec. 1402. Registration of engines, propellers, and appliances
Sec. 1403. Recordation of aircraft ownership
Sec. 1404. Limitation of security owners' liability
Sec. 1405. Dealers' aircraft registration certificates
Sec. 1406. Law governing validity of certain instruments
SUBCHAPTER [TITLE]VI--SAFETY REGULATION OF CIVIL AERONAUTICS
Sec. 1421. Powers and duties of Secretary of Transportation
Sec. 1422. Airman certificates
Sec. 1423. Aircraft certificates
Sec. 1424. Air carrier operating certificates; authorization to issue;
minimum safety standards; application; issuance
Sec. 1425. Maintenance of equipment in air transportation; duty of
carriers and airmen; inspection of aircraft and equipment
Sec. 1426. Air navigation facility rating; issuance of certificate
Sec. 1427. Air agency rating; issuance of certificate
Sec. 1428. Form of applications for certificates
Sec. 1429. Reinspection or reexamination; amendment, suspension, or
revocation of certification; controlled substances
Sec. 1430. Violations; exemption of foreign aircraft and airmen
Sec. 1431. Control and abatement of aircraft noise and sonic boom
Sec. 1432. Airport operating certificates
Sec. 1433. Safety regulation.
Sec. 1434. Alcohol and controlled substances testing
SUBCHAPTER [TITLE] VII--AIRCRAFT ACCIDENT INVESTIGATION
Sec. 1441. Accidents involving civil aircraft
Sec. 1442. Accidents involving military aircraft
Sec. 1443. Special Boards of Inquiry
SUBCHAPTER [TITLE] VIII--OTHER ADMINISTRATIVE AGENCIES
Sec. 1461. President of the United States; suspension and rejection of
rates in foreign air transportation
Sec. 1462. The Department of State
Sec. 1463. Weather Service
SUBCHAPTER [TITLE] IX--PENALTIES
Sec. 1471. Civil penalties; notice and hearing; compromise; liens
Sec. 1472. Criminal penalties
Sec. 1473. Venue and prosecution of offenses; procedures in respect of
civil and aircraft piracy penalties
Sec. 1474. Violations of section 1509
Sec. 1475. Repealed. Pub. L. 102-345, Sec. 2(b), Aug. 26, 1992, 106
Stat. 925
SUBCHAPTER [TITLE] X--PROCEDURE
Sec. 1481. Conduct of proceedings
Sec. 1482. Complaints to and investigations by Secretary of
Transportation and Board
Sec. 1482a. Uniform method of establishment of joint fares
Sec. 1483. Joint Boards
Sec. 1484. Evidence
Sec. 1485. Orders, notices, and service
Sec. 1486. Judicial review
Sec. 1487. Judicial enforcement; jurisdiction; application; costs
Sec. 1488. Participation by Board or Secretary of Transportation in
court proceedings
Sec. 1489. Joinder of parties; intervention
Sec. 1490. Time requirements
SUBCHAPTER [TITLE] XI--MISCELLANEOUS
Sec. 1501. Hazards to safe and efficient air commerce and the
preservation of navigable airspace and airport traffic capacity
Sec. 1502. International agreements
Sec. 1503. Documents as evidence
Sec. 1504. Public disclosure of information
Sec. 1505. Cooperation with Government agencies
Sec. 1506. Remedies not exclusive
Sec. 1507. Public use of facilities; emergency sale of equipment,
supplies and services
Sec. 1508. Declaration of national sovereignty in air space; operation
of foreign aircraft
Sec. 1509. Application of existing laws relating to foreign commerce
Sec. 1510. Geographical extension of jurisdiction
Sec. 1511. Authority to refuse transportation; grounds; agreements for
carriage of persons or property deemed to include agreements to
refuse carriage upon refusal of consent to search
Sec. 1512. State or subdivision income tax withholding on compensation
paid to interstate air carrier employees
Sec. 1513. State taxation of air commerce
Sec. 1514. Suspension of air services by President; grounds; authority
of President deemed condition to issuance of certificate of public
convenience and necessity, etc.; unlawful activities
Sec. 1515. Security standards in foreign air transportation
Sec. 1515a. Travel advisory and suspension of foreign assistance
Sec. 1516. Property not lawfully transportable in aircraft cabin
transported as baggage; liability of air carrier for loss or damage;
terms and conditions of liability
Sec. 1517. Transportation of government-financed passengers and
property
Sec. 1518. Transportation of government-financed passengers and
property by non-certified air carriers
Sec. 1519. Aeronautical charts and maps
SUBCHAPTER [TITLE] XII--SECURITY PROVISIONS
Sec. 1521. Declaration of purpose
Sec. 1522. Security control of air traffic
Sec. 1523. Penalties
SUBCHAPTER [TITLE] XIII--AVIATION INSURANCE
Sec. 1531. Definitions
Sec. 1532. Authority to insure
Sec. 1533. Insurable persons, property, or interests
Sec. 1534. Insurance of property of Government departments and
agencies; indemnity agreements
Sec. 1535. Reinsurance; premiums; allowances to insurance carriers
Sec. 1536. Insurance fund
Sec. 1537. Administrative provisions
Sec. 1538. Rights of airmen under existing law
Sec. 1539. Repealed. Pub. L. 96-470, title I, Sec. 112(f), Oct. 19,
1980, 94 Stat. 2240
Sec. 1540. Actions on claims for losses; jurisdiction of courts;
limitation of actions
Sec. 1541. Additional insurance with other underwriters
Sec. 1542. Expiration of authority to provide insurance
SUBCHAPTER [TITLE] XIV--CHANGES IN REGULATORY STRUCTURE
Sec. 1551. Termination of Civil Aeronautics Board and transfer of
certain functions
Sec. 1552. Employee protection program
Sec. 1553. Transfer of functions under other laws
Sec. 1554. Transfers and allocations of appropriations and personnel
Sec. 1555. Effect on personnel
Sec. 1556. Savings provisions
Sec. 1557. "Agency" and "function" defined
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1301. Definitions
As used in this chapter, unless the context otherwise requires--
(1) "Administrator" means the Administrator of the Federal Aviation
Administration.
(2) "Aeronautics" means the science and art of flight.
(3) "Air carrier" means any citizen of the United States who undertakes,
whether directly or indirectly or by a lease or any other arrangement, to
engage in air transportation: Provided, That the Board may by order relieve
air carriers who are not directly engaged in the operation of aircraft in air
transportation from the provisions of this chapter to the extent and for such
periods as may be in the public interest.
(4) "Air commerce" means interstate, overseas, or foreign air commerce or
the transportation of mail by aircraft or any operation or navigation of
aircraft within the limits of any Federal airway or any operation or
navigation of aircraft which directly affects, or which may endanger safety
in, interstate, overseas, or foreign air commerce.
(5) "Aircraft" means any contrivance now known or hereafter invented, used,
or designed for navigation of or flight in the air.
(6) "Aircraft engine" means an engine used, or intended to be used, for
propulsion of aircraft and includes all parts, appurtenances, and accessories
thereof other than propellers.
(7) "Airman" means any individual who engages, as the person in command or
as pilot, mechanic, or member of the crew, in the navigation of aircraft
while under way; and (except to the extent the Secretary of Transportation
may otherwise provide with respect to individuals employed outside the United
States) any individual who is directly in charge of the inspection,
maintenance, overhauling, or repair of aircraft, aircraft engines,
propellers, or appliances; and any individual who serves in the capacity of
aircraft dispatcher or air-traffic control-tower operator.
(8) "Air navigation facility" means any facility used in, available for use
in, or designed for use in, aid of air navigation, including landing areas,
lights, any apparatus or equipment for disseminating weather information, for
signaling, for radio-directional finding, or for radio or other electrical
communication, and any other structure or mechanism having a similar purpose
for guiding or controlling flight in the air or the landing and take-off of
aircraft.
(9) "Airport" means a landing area used regularly by aircraft for receiving
or discharging passengers or cargo.
(10) "Air transportation" means interstate, overseas, or foreign air
transportation or the transportation of mail by aircraft.
(11) "All-cargo air service" means the carriage by aircraft in interstate
or overseas air transportation of only property or mail, or both.
(12) "Appliances" means instruments, equipment, apparatus, parts,
appurtenances, or accessories, of whatever description, which are used, or
are capable of being or intended to be used, in the navigation, operation, or
control of aircraft in flight (including parachutes and including
communication equipment and any other mechanism or mechanisms installed in or
attached to aircraft during flight), and which are not a part or parts of
aircraft, aircraft engines, or propellers.
(13) "Board" means the Civil Aeronautics Board.
(14) "Charter air carrier" means an air carrier holding a certificate of
public convenience and necessity authorizing it to engage in charter air
transportation.
(15) "Charter air transportation" means charter trips, including inclusive
tour charter trips, in air transportation, rendered pursuant to authority
conferred under this chapter under regulations prescribed by the Board.
(16) "Citizen of the United States" means (a) an individual who is a
citizen of the United States or of one of its possessions, or (b) a
partnership of which each member is such an individual, or (c) a corporation
or association created or organized under the laws of the United States or of
any State, Territory, or possession of the United States, of which the
president and two-thirds or more of the board of directors and other managing
officers thereof are such individuals and in which at least 75 per centum of
the voting interest is owned or controlled by persons who are citizens of the
United States or of one of its possessions.
(17) "Civil aircraft" means any aircraft other than a public aircraft.
(18) "Civil aircraft of the United States" means any aircraft registered as
provided in this chapter.
(19) "Conditional sale" means (a) any contract for the sale of an aircraft,
aircraft engine, propeller, appliance, or spare part under which possession
is delivered to the buyer and the property is to vest in the buyer at a
subsequent time, upon the payment of part or all of the price, or upon the
performance of any other condition or the happening of any contingency; or
(b) any contract for the bailment or leasing of an aircraft, aircraft engine,
propeller, appliance, or spare part, by which the bailee or lessee contracts
to pay as compensation a sum substantially equivalent to the value thereof,
and by which it is agreed that the bailee or lessee is bound to become, or
has the option of becoming, the owner thereof upon full compliance with the
terms of the contract. The buyer, bailee, or lessee shall be deemed to be the
person by whom any such contract is made or given.
(20) "Conveyance" means a bill of sale, contract of conditional sale,
mortgage, assignment of mortgage, or other instrument affecting title to, or
interest in, property.
(21) "Federal airway" means a portion of the navigable airspace of the
United States designated by the Secretary of Transportation as a Federal
airway.
(22) "Foreign air carrier" means any person, not a citizen of the United
States, who undertakes, whether directly or indirectly or by lease or any
other arrangement, to engage in foreign air transportation.
(23) "Interstate air commerce", "overseas air commerce", and "foreign air
commerce", respectively, mean the carriage by aircraft of persons or property
for compensation or hire, or the carriage of mail by aircraft, or the
operation or navigation of aircraft in the conduct or furtherance of a
business or vocation, in commerce between, respectively--
(a) a place in any State of the United States, or the District of
Columbia, and a place in any other State of the United States, or the
District of Columbia; or between places in the same State of the United
States through the airspace over any place outside thereof; or between
places in the same Territory or possession of the United States, or the
District of Columbia;
(b) a place in any State of the United States, or the District of
Columbia, and any place in a Territory or possession of the United States;
or between a place in a Territory or possession of the United States, and a
place in any other Territory or possession of the United States; and
(c) a place in the United States and any place outside thereof;
whether such commerce moves wholly by aircraft or partly by aircraft and
partly by other forms of transportation.
(24) "Interstate air transportation", "overseas air transportation", and
"foreign air transportation", respectively, mean the carriage by aircraft of
persons or property as a common carrier for compensation or hire or the
carriage of mail by aircraft, in commerce between, respectively--
(a) a place in any State of the United States, or the District of
Columbia, and any place in any other State of the United States, or the
District of Columbia; or between places in the same State of the United
States through the airspace over any place outside thereof; or between
places in the same Territory or possession of the United States, or the
District of Columbia;
(b) a place in any State of the United States, or the District of
Columbia, and any place in a Territory or possession of the United States;
or between a place in a Territory or possession of the United States, and a
place in any other Territory or possession of the United States; and
(c) a place in the United States and any place outside thereof;
whether such commerce moves wholly by aircraft or partly by aircraft and
partly by other forms of transportation.
(25) "Intrastate air carrier" means any citizen of the United States who
undertakes, whether directly or indirectly or by a lease or any other
arrangement, to engage solely in intrastate air transportation.
(26) "Intrastate air transportation" means the carriage of persons or
property as a common carrier for compensation or hire, by turbojet-powered
aircraft capable of carrying thirty or more persons, wholly within the same
State of the United States.
(27) "Landing area" means any locality, either of land or water, including
airports and intermediate landing fields, which is used, or intended to be
used, for the landing and take-off of aircraft, whether or not facilities are
provided for the shelter, servicing, or repair of aircraft, or for receiving
or discharging passengers or cargo.
(28) "Mail" means United States mail and foreign-transit mail.
(29) "Navigable airspace" means airspace above the minimum altitudes of
flight prescribed by regulations issued under this chapter, and shall include
airspace needed to insure safety in take-off and landing of aircraft.
(30) "Navigation of aircraft" or "navigate aircraft" includes the piloting
of aircraft.
(31) "Operation of aircraft" or "operate aircraft" means the use of
aircraft, for the purpose of air navigation and includes the navigation of
aircraft. Any person who causes or authorizes the operation of aircraft,
whether with or without the right of legal control (in the capacity of owner,
lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the
operation of aircraft within the meaning of this chapter.
(32) "Person" means any individual, firm, copartnership, corporation,
company, association, joint stock association, or body politic; and includes
any trustee, receiver, assignee, or other similar representative thereof.
(33) "Propeller" includes all parts, appurtenances, and accessories
thereof.
(34) "Possessions of the United States" means (a) the Canal Zone, but
nothing herein shall impair or affect the jurisdiction which has heretofore
been, or may hereafter be, granted to the President in respect of air
navigation in the Canal Zone; and (b) all other possessions of the United
States. Where not otherwise distinctly expressed or manifestly incompatible
with the intent thereof, references in this chapter to possessions of the
United States shall be treated as also referring to the Commonwealth of
Puerto Rico.
(35) "Predatory" means any practice which would constitute a violation of
the antitrust laws as set forth in section 12 of title 15.
(36) "Public aircraft" means an aircraft used exclusively in the service of
any government or of any political subdivision thereof, including the
government of any State, Territory, or possession of the United States, or
the District of Columbia, but not including any government-owned aircraft
engaged in carrying persons or property for commercial purposes. For
purposes of this paragraph, "used exclusively in the service of" means, for
other than the Federal Government, an aircraft which is owned and operated
by a governmental entity for other than commercial purposes or which is
exclusively leased by such governmental entity for not less than 90
continuous days.
(37) "Spare parts" means parts, appurtenances, and accessories of aircraft
(other than aircraft engines and propellers), of aircraft engines (other than
propellers), of propellers and of appliances, maintained for installation or
use in an aircraft, aircraft engine, propeller, or appliance, but which at
the time are not installed therein or attached thereto.
(38) The term "special aircraft jurisdiction of the United States"
includes--
(a) civil aircraft of the United States;
(b) aircraft of the national defense forces of the United States;
(c) any other aircraft within the United States;
(d) any other aircraft outside the United States--
(i) that has its next scheduled destination or last point of departure
in the United States, if that aircraft next actually lands in the United
States;
(ii) having "an offense", as defined in the Convention for the
Suppression of Unlawful Seizure of Aircraft, committed aboard, if that
aircraft lands in the United States with the alleged offender still
aboard; or
(iii) regarding which an offense as defined in subsection (d) or (e) of
article I, section I of the Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation (Montreal, September 23, 1971)
is committed if the aircraft lands in the United States with an alleged
offender still on board; and
(e) other aircraft leased without crew to a lessee who has his principal
place of business in the United States, or if none, who has his permanent
residence in the United States;
while that aircraft is in flight, which is from the moment when all external
doors are closed following embarkation until the moment when one such door is
opened for disembarkation or in the case of a forced landing, until the
competent authorities take over the responsibility for the aircraft and for
the persons and property aboard.
(39) "State agency" means that department, agency, officer, or other entity
of a State government which has been designated according to State law as--
(A) the recipient of any notice required under SUBCHAPTER [TITLE] IV of this
chapter to be given to a State agency; or
(B) the representative of the State in any matter about which the Board
is required, under such SUBCHAPTER IV of this chapter, to consult with or
consider the views of a State agency.
(40) "Ticket agent" means any person, not an air carrier or a foreign air
carrier and not a bona fide employee of an air carrier or foreign air
carrier, who, as principal or agent, sells or offers for sale any air
transportation, or negotiates for, or holds himself out by solicitation,
advertisement, or otherwise as one who sells, provides, furnishes, contracts
or arranges for, such transportation.
(41) "United States" means the several States, the District of Columbia,
and the several Territories and possessions of the United States, including
the territorial waters and the overlying airspace thereof.
(Pub. L. 85-726, title I, Sec. 101, Aug. 23, 1958, 72 Stat. 737; Pub. L. 87-
197, Sec. 3, Sept. 5, 1961, 75 Stat. 467; Pub. L. 87-528, Sec. 1, July 10,
1962, 76 Stat. 143; Pub. L. 89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat.
937; Pub. L. 90-514, Sec. 1, Sept. 26, 1968, 82 Stat. 867; Pub. L. 91-449,
Sec. 1(1), (2), Oct. 14, 1970, 84 Stat. 921; Pub. L. 93-366, title I, Sec.
102, title II, Sec. 206, Aug. 5, 1974, 88 Stat. 409, 419; Pub. L. 95-163,
Sec. 17(b), Nov. 9, 1977, 91 Stat. 1286; Pub. L. 95-504, Sec. 2, Oct. 24,
1978, 92 Stat. 1705; Pub. L. 98-443, Sec. 9(a)(1), Oct. 4, 1984, 98 Stat.
1706; Pub. L. 98-473, title II, Sec. 2013(c), Oct. 12, 1984, 98 Stat. 2189;
Pub. L. 100-223, title II, Sec. 207, Dec. 30, 1987, 101 Stat. 1523.)
References in Text
This chapter, referred to in text preceding par. (1) and in pars. (3),
(15), (18), (29), (31), (34), was in the original "this Act", meaning Pub. L.
85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal
Aviation Act of 1958. For complete classification of this Act to the Code,
see Short Title note below and Tables.
For definition of Canal Zone, referred to in par. (34), see section 3602(b)
of Title 22, Foreign Relations and Intercourse.
Codification
Par. (39)(A) is set out in this supplement to correct a typographical error
appearing in the main edition.
Amendments
1987--Par. (36). Pub. L. 100-223 inserted sentence at end defining
"used exclusively in the service of".
1984--Par. (11). Pub. L. 98-443 substituted provisions defining "all-cargo
air service" as the carriage by aircraft in interstate or overseas air
transportation of only property or mail, or both, for provisions that had
defined "all-cargo air service" as meaning the carriage by aircraft of only
property as a common carrier for compensation or hire, or mail, or both, in
commerce between a place in any State of the United States, or the District
of Columbia, and a place in any other State of the United States or the
District of Columbia or any place in the Commonwealth of Puerto Rico or the
Virgin Islands, or between places in the same State of the United States
through the airspace over any place outside thereof, or between places in the
same territory or possession of the United States, or the District of
Columbia, or between a place in the Commonwealth of Puerto Rico and a place
in the Virgin Islands, whether such commerce moved wholly by aircraft or
partly by aircraft and partly by other forms of transportation.
Par. (38)(d)(iii). Pub. L. 98-473 added cl. (iii).
1978--Pars. (14), (15). Pub. L. 95-504, Sec. 2(a)(1), added pars. (14) and
(15). Former pars. (14) and (15) renumbered (16) and (17), respectively.
Pars. (16), (17). Pub. L. 95-504, Sec. 2(b), renumbered former pars. (14)
and (15) as (16) and (17), respectively. Former pars. (16) and (17)
renumbered (18) and (19), respectively.
Pars. (18) to (32). Pub. L. 95-504, Sec. 2(b), renumbered former pars. (16)
to (30) as (18) to (32).
Par. (33). Pub. L. 95-504, Sec. 2(b), renumbered former par. (31) as (33).
Former par. (33) renumbered (36). Another Par. (33), enacted by section
2(a)(2) of Pub. L. 95-504, renumbered (35).
Par. (34). Pub. L. 95-504, Sec. 2(b), renumbered former par. (32) as (34).
Former par. (34) renumbered (37).
Par. (35). Pub. L. 95-504, Sec. 2(b), renumbered par. (33), as added by
section 2(a)(2) of Pub. L. 95-504, as par. (35). Former par. (35) renumbered
(38).
Par. (36). Pub. L. 95-504, Sec. 2(b), renumbered former par. (33) as (36).
Former par. (36), defining supplemental air carriers, was struck out by Pub.
L. 95-504, Sec. 2(a)(4). Another Par. (36), enacted by section 2(a)(3) of
Pub. L. 95-504, renumbered (39).
Par. (37). Pub. L. 95-504, Sec. 2(b), renumbered former par. (34) as (37).
Former par. (37), defining supplemental air transportation, was struck out by
section 2(a)(4) of Pub. L. 95-504.
Par. (38). Pub. L. 95-504, Sec. 2(b), renumbered former par. (35) as (38).
Former par. (38) renumbered (40).
Par. (39). Pub. L. 95-504, Sec. 2(b), renumbered par. (36), as added by
section 2(a)(3) of Pub. L. 95-504, as par. (39). Former par. (39) renumbered
(41).
Pars. (40), (41). Pub. L. 95-504, Sec. 2(b), renumbered former pars. (38)
and (39) as (40) and (41), respectively.
1977--Par. (11). Pub. L. 95-163, Sec. 17(b)(2), added par. (11). Former
par. (11) was renumbered (12).
Pars. (12) to (39). Pub. L. 95-163, Sec. 17(b)(1), renumbered former pars.
(11) to (38) as (12) to (39), respectively.
1974--Pars. (22) to (33). Pub. L. 93-366, Sec. 206, added pars. (22) and
(23). Former pars. (22) to (31) were redesignated (24) to (33), respectively.
Par. (34). Pub. L. 93-366, Secs. 102, 206, redesignated par. (32) as (34)
and, as so redesignated, relettered subpars. (c)(i) as (c), and (c)(ii) as
(d)(i), added subpars. (d)(ii) and (e), and expanded time period when, for
purpose of definition, aircraft is considered in flight.
Pars. (35) to (38). Pub. L. 93-366, Sec. 206, redesignated pars. (33) to
(36) as (35) to (38), respectively.
1970--Pub. L. 91-449 redesignated pars. (32), (33), (34), and (35) as pars.
(33), (34), (35) and (36) and added new par. (32).
1968--Par. (33). Pub. L. 90-514 expanded supplemental air transportation to
include the conduct of inclusive tour charter trips but prohibited
individually ticketed service by supplemental air carriers.
1962--Pars. (32), (33). Pub. L. 87-528 added pars. (32) and (33). Former
pars. (32) and (33) redesignated (34) and (35), respectively.
Pars. (34), (35). Pub. L. 87-528 redesignated pars. (32) and (33) as (34)
and (35), respectively.
1961--Par. (4). Pub. L. 87-197 substituted "operation or navigation of
aircraft within" for "operation or navigation or aircraft within."
Effective Date of 1984 Amendments
Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 2015 of
Pub. L. 98-473, set out as a note under section 31 of Title 18, Crimes and
Criminal Procedure.
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of
Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government
Organization and Employees.
Effective Date
Section 1505 of Pub. L. 85-726 provided that: "The provisions of this Act
[see Short Title note below] shall become effective as follows:
"(1) Section 301, section 302(a), (b), (c), (f), (i), and (k), section
303(a), section 304, and section 1502 [section 1341, section 1342, section
1343(a), (d), (g), and (i), section 1344(a), section 1345, and note set out
under section 1341 of this Appendix] shall become effective on the date of
enactment of this Act [Aug. 23, 1958]; and
"(2) The remaining provisions shall become effective on the 60th day
following the date on which the Administrator of the Federal Aviation Agency
[now, Federal Aviation Administration] first appointed under this Act [this
chapter] qualifies and takes office." [The Administrator of the Federal
Aviation Agency was appointed, qualified, and took office on Oct. 31, 1958.]
Short Title of 1992 Amendment
Pub. L. 102-345, Sec. 1, Aug. 26, 1992, 106 Stat. 923, provided that: "This
Act [amending sections 1422, 1429, and 1471 of this Appendix, repealing
section 1475 of this Appendix, and enacting provisions set out as a note
under section 1471 of this Appendix] may be cited as the 'FAA Civil Penalty
Administrative Assessment Act of 1992'.".
Short Title of 1991 Amendment
Pub. L. 102-143, title V, Sec. 500 [Sec. 1], Oct. 28, 1991, 105 Stat. 952,
provided that: "This title [enacting sections 1434, 2717, 1618a of this
Appendix, amending section 431 of Title 45, Railroads, and enacting
provisions set out as notes under sections 1434, 2717 of this Appendix] may
be cited as the 'Omnibus Transportation Employee Testing Act of 1991'."
Short Title of 1990 Amendment
Pub. L. 101-604, Sec. 1(a), Nov. 16, 1990, 104 Stat. 3066, provided
that: "This Act [enacting sections 1358a through 1358d, 1380 and 1652b of
this Appendix and chapter 64 of Title 22, Foreign Relations and Intercourse,
amending sections 1356, 1357, 1432, and 1515 of this Appendix, section
2349aa-2 of Title 22, and section 106 of Title 49, Transportation, enacting
provisions set out as notes under sections 1357, 1358d, 1380, and 1652b of
this Appendix and section 5501 of Title 22] may be cited as the 'Aviation
Security Improvement Act of 1990'."
Short Title of 1988 Amendment
Pub. L. 100-690, title VII, Sec. 7201, Nov. 18, 1988, 102 Stat. 4424,
provided that: "This subtitle [subtitle E (Secs. 7201 to 7214) of title VII
of Pub. L. 100-690, amending sections 1303, 1354, 1401, 1422, 1425, 1429,
1471 and 1472 of this Appendix and section 334 of Title 49, Transportation,
and enacting provisions set out as notes under sections 1303, 1354, and 1401
of this Appendix] may be cited as the 'Federal Aviation Administration Drug
Enforcement Assistance Act of 1988'."
Pub. L. 100-591, Sec. 1, Nov. 3, 1988, 102 Stat. 3011, provided that: "This
Act [amending sections 1353, and 2205 of this Appendix and section 106 of
Title 49 and enacting provisions set out as notes under section 1353 of this
Appendix] may be cited as the 'Aviation Safety Research Act of 1988'."
Short Title of 1986 Amendment
Pub. L. 99-435, Sec. 1, Oct. 2, 1986, 100 Stat. 1080, provided: "That this
Act [amending section 1374 of this title and enacting provisions set out as a
note under section 1374 of this title] may be cited as the 'Air Carrier
Access Act of 1986'."
Short Title of 1984 Amendments
Pub. L. 98-499, Sec. 1, Oct. 19, 1984, 98 Stat. 2312, provided: "That this
Act [amending sections 1401, 1422, 1429, 1472, and 1903 of this Appendix] may
be cited as the 'Aviation Drug-Trafficking Control Act'."
Section 1 of Pub. L. 98-443 provided that: "This section [enacting sections
1553 to 1557 of this Appendix, amending sections 329, 1159a, 1159b, 1301,
1304, 1305, 1377, 1381, 1382, 1388, 1389, 1537, and 1551 of this Appendix,
sections 5314 and 5315 of Title 5, Government Organization and Employees,
sections 1622 and 2145 of Title 7, Agriculture, sections 4746 and 9746 of
Title 10, Armed Forces, sections 18, 21, 1607, 1681s, 1691c, and 1692l of
Title 15, Commerce and Trade, section 18b of Title 16, Conservation, sections
47 and 7701 of Title 26, Internal Revenue Code, section 3726 of Title 31,
Money and Finance, sections 3401, 5005, 5401, and 5402 of Title 39, Postal
Service, and section 3502 of Title 44, Public Printing and Documents, and
enacting provisions set out as notes under sections 329, 1371, 1389, 1551,
and 2423 of this Appendix and section 5314 of Title 5] may be cited as the
'Civil Aeronautics Board Sunset Act of 1984'."
Short Title of 1980 Amendment
Pub. L. 96-192, Sec. 1, Feb. 15, 1980, 94 Stat. 35, provided: "That this
Act [amending sections 1159b, 1302, 1371 to 1373, 1377, 1382, 1384, 1386,
1482, 1502, 1504, 1508, and 1517 of this Appendix, enacting a provision set
out as a note under section 1371 of this Appendix, and amending a provision
set out as a note under section 1341 of this Appendix] may be cited as the
'International Air Transportation Competition Act of 1979'."
Short Title of 1978 Amendment
Section 1 of Pub. L. 95-504 provided that: "This Act [enacting sections
1305 to 1308, 1389, 1482a, 1490, 1551, and 1552 of this Appendix, amending
sections 1301, 1302, 1371 to 1374, 1376, 1378, 1379, 1382, 1384, 1386, 1461,
1471, 1473, 1482, 1504, 1711, and 1729 of this Appendix, enacting provisions
set out as notes under sections 1301, 1341, and 1371 of this Appendix, and
amending provisions set out as notes under sections 1324 and 1376 of this
Appendix] may be cited as the 'Airline Deregulation Act of 1978'."
Short Title of 1974 Amendment
Section 101 of title I of Pub. L. 93-366 provided that: "This title
[enacting sections 1514 and 1515 of this Appendix and amending sections 1301,
1471 to 1473, and 1487 of this Appendix] may be cited as the 'Antihijacking
Act of 1974'."
Section 201 of title II of Pub. L. 93-366 provided that: "This title
[enacting sections 1356, 1357, and 1516 of this Appendix and amending
sections 1301, 1472, and 1511 of this Appendix] may be cited as the 'Air
Transportation Security Act of 1974'."
Short Title
Section 1 of Pub. L. 85-726 provided: "That this Act [enacting this
chapter, amending sections 212, 485a, 485b, 1101, 1102, 1103, 1105, 1108,
1111, 1116, 1151, 1152, 1155, 1157, and 1160 of this Appendix, section 133t
of former Title 5, Executive Departments and Government Officers and
Employees, sections 81, 82, and 90 of Title 14, Coast Guard, section 45 of
Title 15, Commerce and Trade, section 7a of Title 16, Conservation, section
686 of former Title 31, Money and Finance, sections 470 and 488a of former
Title 39, The Postal Service, section 474 of Title 40, Public Buildings,
Property, and Works, sections 485, 485c, and 485d of Title 48, Territories
and Insular Possessions, section 123 of Title 50, War and National Defense,
and sections 1622 to 1622c of the Appendix to Title 50, War and National
Defense, repealing sections 171, 174 to 177, 179 to 184, 401 to 403, 421,
422, 423 to 427, 451 to 460, 481 to 485, 486 to 496, 521 to 524, 551 to 560,
581, 582, 601 to 603, 621 to 623, 641 to 649, 671 to 681, 701 to 705, 711 to
722, and 1211 to 1215 of this Appendix, section 7 of Reorg. Plan No. III of
1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, section 7 of Reorg.
Plan No. IV of 1940, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1234, and
Reorg. Plan No. 10 of 1953, eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634,
set out in the Appendix to Title 5, Government Organization and Employees,
and enacted notes set out under sections 486, 1301, 1321, and 1341 of this
Appendix and section 133z-15 of former Title 5] may be cited as the 'Federal
Aviation Act of 1958'."
Separability of Provisions
Section 1504 of Pub. L. 85-726 provided that: "If any provision of this Act
[see Short Title note above] or the application thereof to any person or
circumstance is held invalid, the remainder of the Act and the application of
such provision to other persons or circumstances shall not be affected
thereby."
Savings Clause; Effect of Transfers, Repeals, and Amendments
Section 47 of Pub. L. 95-504 provided that: "All orders, determinations,
rules, regulations, permits, contracts, certificates, rates, and privileges
which have been issued, made, or granted, or allowed to become effective, by
the President, the Civil Aeronautics Board, or the Postmaster General, or any
court of competent jurisdiction, under any provision of law repealed or
amended by this Act [see Short Title of 1978 Amendment note above], or in the
exercise of duties, powers, or functions, which are vested in the Board, and
which are in effect at the time this Act takes effect [Oct. 24, 1978] shall
continue in effect according to their terms until modified, terminated,
superseded, set aside, or repealed by the Board, or by any court of competent
jurisdiction, or by operation of law."
Section 1501 of Pub. L. 85-726 provided that:
"(a) All orders, determinations, rules, regulations, permits, contracts,
certificates, licenses, rates, and privileges which have been issued, made,
or granted, or allowed to become effective, by the President, the Department
of Commerce, the Secretary of Commerce, the Administrator of Civil
Aeronautics, the Civil Aeronautics Board, the Airways Modernization Board,
the Secretary of the Treasury, the Secretary of Agriculture, or the
Postmaster General, or any court of competent jurisdiction, under any
provision of law repealed or amended by this Act [see Short Title note
above], or in the exercise of duties, powers, or functions which, under this
Act, are vested in the Administrator of the Federal Aviation Agency [now
Federal Aviation Administration] or the Civil Aeronautics Board, which are in
effect at the time this section takes effect, shall continue in effect
according to their terms until modified, terminated, superseded, set aside,
or repealed by the Administrator or the Board, as the case may be, or by any
court of competent jurisdiction, or by operation of law.
"(b) The provisions of this Act shall not affect any proceedings pending at
the time this section takes effect before the Secretary of Commerce, the
Administrator of Civil Aeronautics, the Civil Aeronautics Board, the Chairman
of the Airways Modernization Board, the Secretary of the Treasury, or the
Secretary of Agriculture; but any such proceedings shall be continued before
the successor agency, orders therein issued, appeals therefrom taken, and
payments made pursuant to such orders, as if this Act had not been enacted;
and orders issued in any such proceedings shall continue in effect until
modified, terminated, superseded, or repealed by the Administrator, the Civil
Aeronautics Board, the Secretary of the Treasury, or the Secretary of
Agriculture or by operation of law.
"(c) The provisions of this Act shall not affect suits commenced prior to
the date on which this section takes effect; and all such suits shall be
continued by the successor agency, proceedings therein had, appeals therein
taken, and judgments therein rendered, in the same manner and with the same
effect as if this Act had not been passed. No suit, action, or other
proceeding lawfully commenced by or against any agency or officer of the
United States, in relation to the discharge of official duties, shall abate
by reason of any transfer of authority, power, or duties from such agency or
officer to the Administrator or the Board under the provisions of this Act,
but the court, upon motion or supplemental petition filed at any time within
twelve months after such transfer, showing the necessity for a survival of
such suit, action, or other proceeding to obtain a settlement of the
questions involved, may allow the same to be maintained by or against the
Administrator or the Board."
Repeal of Inconsistent Laws
Section 1401(e) of Pub. L. 85-726 provided that: "All other Acts or parts
of Acts inconsistent with any provision of this Act [see Short Title note set
out above] are hereby repealed."
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
The enforcement functions of the Secretary or other official of the
Department of Transportation relating to compliance with this chapter and the
authorizations and regulations issued thereunder with respect to pre-
construction, construction, and initial operation of an approved
transportation system for Canadian and Alaskan natural gas were transferred
to the Federal Inspector of the Office of the Federal Inspector of the Alaska
Natural Gas Transportation System until the first anniversary of the date of
the initial operation of the Alaska Natural Gas Transportation System, see
Reorg. Plan No. 1 of 1979, Secs. 102(c), 203(a), 44 F.R. 33663, 33666, 93
Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees.
All functions, powers, and duties of the Civil Aeronautics Board and of the
Chairman, members, offices, and officers thereof under subchapters VI and VII
of this chapter, were transferred to and vested in the Secretary of
Transportation by section 6(d) of Pub. L. 89-670, section 3 of which created
the Department of Transportation. See sections 1655(d) and 1903 of this
Appendix.
In par. (1), "Federal Aviation Administration" was substituted for "Federal
Aviation Agency" pursuant to sections 3(e) and 6(c)(1) of Pub. L. 89-670,
which transferred all functions, powers, and duties of the Federal Aviation
Agency and of the Administrator and other offices and officers thereof to the
Secretary of Transportation and established a Federal Aviation Administration
in the Department of Transportation. See section 106 of Title 49,
Transportation.
In par. (7), "Secretary of Transportation" was substituted for
"Administrator" (meaning Administrator of the Federal Aviation Agency)
pursuant to section 6(c)(1) which transferred all functions, powers, and
duties of the Federal Aviation Agency and the Administrator thereof under
this section to the Secretary of Transportation. See section 106 of Title 49,
Transportation.
Reference to Supplemental Air Carrier or Supplemental Air Transportation as
Deemed Reference to Charter Air Carrier or Charter Air Transportation,
Respectively
Section 46 of Pub. L. 95-504 provided that: "Any reference in any law,
rule, regulation, or document of the United States to a supplemental air
carrier or supplemental air transportation shall be deemed to be a reference
to a charter air carrier or charter air transportation, respectively."
Sec. 1302. Consideration of matters in public interest by Board
(a) Factors for interstate, overseas, and foreign air transportation
In the exercise and performance of its powers and duties under this
chapter, the Board shall consider the following, among other things, as being
in the public interest, and in accordance with the public convenience and
necessity:
(1) The assignment and maintenance of safety as the highest priority in
air commerce, and prior to the authorization of new air transportation
services, full evaluation of the recommendations of the Secretary of
Transportation on the safety implications of such new services and full
evaluation of any report or recommendation submitted under section 1307 of
this Appendix.
(2) The prevention of any deterioration in established safety procedures,
recognizing the clear intent, encouragement, and dedication of the Congress
to the furtherance of the highest degree of safety in air transportation
and air commerce, and the maintenance of the safety vigilance that has
evolved within air transportation and air commerce and has come to be
expected by the traveling and shipping public.
(3) The availability of a variety of adequate, economic, efficient, and
low-price services by air carriers and foreign air carriers without unjust
discriminations, undue preferences or advantages, or unfair or deceptive
practices, the need to improve relations among, and coordinate
transportation by, air carriers, and the need to encourage fair wages and
equitable working conditions for air carriers.
(4) The placement of maximum reliance on competitive market forces and on
actual and potential competition (A) to provide the needed air
transportation system, and (B) to encourage efficient and well-managed
carriers to earn adequate profits and to attract capital, taking account,
nevertheless, of material differences, if any, which may exist between
interstate and overseas air transportation, on the one hand, and foreign
air transportation, on the other.
(5) The development and maintenance of a sound regulatory environment
which is responsive to the needs of the public and in which decisions are
reached promptly in order to facilitate adaption of the air transportation
system to the present and future needs of the domestic and foreign commerce
of the United States, the Postal Service, and the national defense.
(6) The encouragement of air service at major urban areas in the United
States through secondary or satellite airports, where consistent with
regional airport plans of regional and local authorities, and when such
encouragement is endorsed by appropriate State entities encouraging such
service by air carriers whose sole responsibility in any specific market is
to provide service exclusively at the secondary or satellite airport, and
fostering an environment which reasonably enables such carriers to
establish themselves and to develop their secondary or satellite airport
services.
(7) The prevention of unfair, deceptive, predatory, or anticompetitive
practices in air transportation, and the avoidance of--
(A) unreasonable industry concentration, excessive market domination,
and monopoly power; and
(B) other conditions;
that would tend to allow one or more air carriers or foreign air carriers
unreasonably to increase prices, reduce services, or exclude competition in
air transportation.
(8) The maintenance of a comprehensive and convenient system of
continuous scheduled interstate and overseas airline service for small
communities and for isolated areas in the United States, with direct
Federal assistance where appropriate.
(9) The encouragement, development, and maintenance of an air
transportation system relying on actual and potential competition to
provide efficiency, innovation, and low prices, and to determine the
variety, quality, and price of air transportation services.
(10) The encouragement of entry into air transportation markets by new
air carriers, the encouragement of entry into additional air transportation
markets by existing air carriers, and the continued strengthening of small
air carriers so as to assure a more effective, competitive airline
industry.
(11) The promotion, encouragement, and development of civil aeronautics
and a viable, privately owned United States air transport industry.
(12) The strengthening of the competitive position of United States air
carriers to at least assure equality with foreign air carriers, including
the attainment of opportunities for United States air carriers to maintain
and increase their profitability, in foreign air transportation.
(b) Factors for all-cargo air service
In addition to the declaration of policy set forth in subsection (a) of
this section, the Board, in the exercise and performance of its powers and
duties under this chapter with respect to all-cargo air service shall
consider the following, among other things, as being in the public interest:
(1) The encouragement and development of an expedited all-cargo air
service system, provided by private enterprise, responsive to (A) the
present and future needs of shippers, (B) the commerce of the United
States, and (C) the national defense.
(2) The encouragement and development of an integrated transportation
system relying upon competitive market forces to determine the extent,
variety, quality, and price of such services.
(3) The provision of services without unjust discriminations, undue
preferences or advantages, unfair or deceptive practices, or predatory
pricing.
(c) Strengthening of competition
In selecting an air carrier to provide foreign air transportation from
among competing applicants to provide such transportation, the Secretary
shall consider the strengthening of competition among air carriers operating
in the United States in order to prevent undue concentration in the air
carrier industry, in addition to considering the factors specified in
subsections (a) and (b) of this section.
(Pub. L. 85-726, title I, Sec. 102, Aug. 23, 1958, 72 Stat. 740; Pub. L. 95-
163, Sec. 16(b), Nov. 9, 1977, 91 Stat. 1284; Pub. L. 95-504, Sec. 3(a), (b),
Oct. 24, 1978, 92 Stat. 1705, 1707; Pub. L. 96-192, Secs. 2, 3(a), Feb. 15,
1980, 94 Stat. 35, 36; Pub. L. 102-581, title II, Sec. 205, Oct. 31, 1992,
106 Stat. 4894.)
Amendments
1992--Subsec. (c). Pub. L. 102-581 added subsec. (c).
1980--Subsec. (a). Pub. L. 96-192, Sec. 2, reenacted pars. (1) to (3) and
(5) to (10) without change, added provisions in par. (4) relating to the
taking into account of material differences which may exist between
interstate and overseas air transportation, on the one hand, and foreign air
transportation, on the other, and added pars. (11) and (12).
Subsec. (c). Pub. L. 96-192, Sec. 3(a), struck out subsec. (c), which had
directed the Board, in the exercise and performance of its powers and duties
under this chapter with respect to foreign air transportation, to consider
six enumerated objectives as being in the public interest and in accordance
with the public convenience and necessity. See section 1502(b) of this
Appendix.
1978--Subsec. (a). Pub. L. 95-504, Sec. 3(a), completely revised and
restructured subsection, and as so restructured, added provisions relating to
interstate and overseas air transportation, prevention of deterioration in
safety procedures, development of a regulatory environment, prevention of
anticompetitive practices, maintenance of continuous scheduled airline
service for small communities, and encouragement of market participation by
new carriers.
Subsec. (c). Pub. L. 95-504, Sec. 3(b), added subsec. (c).
1977--Pub. L. 95-163 redesignated existing undesignated provisions as
subsec. (a) and existing cls. (a) to (f) thereof as cls. (1) to (6),
respectively, and added subsec. (b).
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1303. Consideration of matters in public interest by Secretary of
Transportation
In the exercise and performance of his powers and duties under this chapter
the Secretary of Transportation shall consider the following, among other
things, as being in the public interest;
(1) The regulation of air commerce in such manner as to best promote its
development and safety and fulfill the requirements of national defense.
(2) The promotion, encouragement, and development of civil aeronautics.
(3) The control of the use of the navigable airspace of the United States
and the regulation of both civil and military operations in such airspace in
the interest of the safety and efficiency of both.
(4) The consolidation of research and development with respect to air
navigation facilities, as well as the installation and operation thereof.
(5) The development and operation of a common system of air traffic control
and navigation for both military and civil aircraft.
(6) The provision of assistance to law enforcement agencies in the
enforcement of laws relating to the regulation of controlled substances, to
the extent consistent with aviation safety.
(Pub. L. 85-726, title I, Sec. 103, Aug. 23, 1958, 72 Stat. 740; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 100-690, title VII,
Sec. 7202(b), Nov. 18, 1988, 102 Stat. 4424.)
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In opening clause, "Secretary of Transportation" was substituted for
"administrator" (meaning Administrator of the Federal Aviation Agency)
pursuant to section 6(c)(1) of Pub. L. 89-670 which transferred all
functions, powers, and duties of the Federal Aviation Agency and the
Administrator thereof under this section to the Secretary of Transportation.
See section 106 of Title 49, Transportation.
Amendments
1988--Pars. (1)-(5). Pub. L. 100-690, Sec. 7202(b), redesignated pars.
(a), (b), (c), (d), and (e) as pars. (1), (2), (3), (4) and (5)
respectively.
Pars. (1)-(4). Pub. L. 100-690, Sec. 7202(b), substituted periods for
semicolons at end of pars. (1)-(4) as redesignated.
Par. (6). Pub. L. 100-690, Sec. 7202(b), added par. (6).
Limitation on Applicability
Section 7214 of Pub. L. 100-690 provided that: "This subtitle (including
any amendments made by this subtitle) [subtitle E (Secs. 7201-7214) of
title VII of Pub. L. 100-690, amending sections 1303, 1354, 1401, 1422,
1425, 1429, 1471, and 1472 of this Appendix and section 334 of Title 49,
Transportation, and enacting provisions set out as notes under sections
1301, 1354, and 1401 of this Appendix] shall only apply to aircraft which
are not used to provide air transportation (as defined in section 101 of
the Federal Aviation Act of 1958).".
Civil Commercial Aircraft Study by National Academy of Sciences Concerning
Public Health and Safety; Special and Objective Considerations; Use of
Available Data; Representative Views; Copy of Study and Recommendations to
Congress; Authorization of Appropriations
Pub. L. 98-466, Oct. 11, 1984, 98 Stat. 1825, provided:
"Section 1. (a) The Secretary of Transportation shall, in the interest of
health and safety, and in the interest of promoting and maintaining a
superior United States aviation industry, commission an independent study by
the National Academy of Sciences. The study shall determine whether civil
commercial aviation industry practices and standards and Federal Aviation
Administration rules, regulations, and minimum standards are
nondiscriminatory and at least in conformance and parity with nonaviation
standards, practices, and regulations for the appropriate maintenance of
public and occupational health and safety (including de facto circumstances)
in relation to airline cabin air quality for all passengers and crew aboard
civil commercial aircraft.
"(b) In conducting the study, special and objective considerations shall be
given to the uniqueness of the environment onboard civil commercial aircraft.
The study shall focus on all health and safety aspects of airline cabin air
quality, including but not limited to--
"(1) the quantity of fresh air per occupant and overall quality of air
onboard;
"(2) the quantity and quality of humidification;
"(3) onboard environmental conditions and contamination limits, including
exposure to radiation;
"(4) emergency breathing equipment, including toxic fume-protective
breathing equipment;
"(5) measures, procedures, and capabilities for detecting and
extinguishing fires and the removal of smoke and toxic fumes within safe
pressurization limits;
"(6) safe pressurization of the aircraft, considering the broad range of
cardiopulmonary health of the traveling public, and dissemination of
information to the medical profession and the general public of current
pressurization limits and practices to assure valid medical advice
concerning the health effects of air travel;
"(7) the feasibility of collection and dissemination by the aviation
industry, the Federal Aviation Administration, or any other private or
governmental organization of a data base of medical statistics and
environmental factors relating to air travel, including but not limited to,
maintenance and operation records and procedures of aircraft, in an effort
to assess the adequacy of aircraft systems, design, regulations, standards
and practices relating to airline cabin air quality from the standpoint of
health and safety, and for the purpose of issuing Federal Aviation
Administration administrative advisory circulars and airworthiness
directive regulations to correct any deficiencies disclosed;
"(8) the adequacy of current preflight and inflight health and safety
instructions for air travelers that relate to airline cabin air quality,
including but not limited to, life safety procedures during inflight fire,
smoke, and toxic fume emergencies; and
"(9) a comparison of foreign industry practices, regulations, and
standards.
"(c) In conducting the study, special care shall be taken to assure that
all existing studies, recommendations, data, and state of the art technology
relevant to the health and safety aspects of airline cabin air quality are
considered.
"(d) In conducting the study, the National Academy of Sciences shall
consult with and solicit the views of academic experts, representatives of
airline labor, the aviation industry and independent experts and
organizations.
"(e) The study shall include such recommendations for legislative,
regulatory, and industry changes as the National Academy of Sciences
determines to be advisable for promotion of health and safety in relation to
airline cabin air quality.
"Sec. 2. The Secretary of Transportation shall submit a copy of the study,
as it was prepared by the National Academy of Sciences, to the Congress
within eighteen months after the date of enactment of this Act [Oct. 11,
1984]. At such time the Secretary shall also set forth such comments on the
matters covered by the study and such recommendations for legislative,
regulatory, and industry changes as the Secretary determines to be necessary.
"Sec. 3. There is authorized to be appropriated not to exceed $500,000 for
the fiscal year commencing October 1, 1984, to carry out the study authorized
by this Act. Such funds shall remain available for obligation until
expended."
Sec. 1304. Public right of transit; accessibility of airports and air
transportation to disabled persons
There is recognized and declared to exist in behalf of any citizen of the
United States a public right of freedom of transit through the navigable
airspace of the United States. In the furtherance of such right, the Board or
the Secretary, as the case may be, shall consult with the Architectural and
Transportation Barriers Compliance Board established under section 792 of
title 29, prior to issuing or amending any order, rule, regulation, or
procedure that will have a significant impact on the accessibility of
commercial airports or commercial air transportation for handicapped persons.
(Pub. L. 85-726, title I, Sec. 104, Aug. 23, 1958, 72 Stat. 740; Pub. L.
98-443, Sec. 14, Oct. 4, 1984, 98 Stat. 1711.)
Amendments
1984--Pub. L. 98-443 inserted provision that in the furtherance of such
right, the Board or the Secretary, as the case may be, shall consult with the
Architectural and Transportation Barriers Compliance Board established under
section 792 of title 29, prior to issuing or amending any order, rule,
regulation, or procedure that will have a significant impact on the
accessibility of commercial airports or commercial air transportation for
handicapped persons.
Sec. 1305. Federal preemption
(a) Preemption
(1) Except as provided in paragraph (2) of this subsection, no State or
political subdivision thereof and no interstate agency or other political
agency of two or more States shall enact or enforce any law, rule,
regulation, standard, or other provision having the force and effect of law
relating to rates, routes, or services of any air carrier having authority
under subchapter IV of this chapter to provide air transportation.
(2) Except with respect to air transportation (other than charter air
transportation) provided pursuant to a certificate issued by the Board under
section 1371 of this Appendix, the provisions of paragraph (1) of this
subsection shall not apply to any transportation by air of persons, property,
or mail conducted wholly within the State of Alaska.
(b) Proprietary powers and rights
(1) Nothing in subsection (a) of this section shall be construed to limit
the authority of any State or political subdivision thereof or any interstate
agency or other political agency of two or more States as the owner or
operator of an airport served by any air carrier certificated by the Board to
exercise its proprietary powers and rights.
(2) Any aircraft operated between points in the same State (other than the
State of Hawaii) which in the course of such operation crosses a boundary
between two States, or between the United States and any other country, or
between a State and the beginning of the territorial waters of the United
States, shall not, by reason of crossing such boundary, be considered to be
operating in interstate or overseas air transportation.
(c) Existing State authority
When any intrastate air carrier which on August 1, 1977, was operating
primarily in intrastate air transportation regulated by a State receives the
authority to provide interstate air transportation, any authority received
from such State shall be considered to be part of its authority to provide
air transportation received from the Board under subchapter IV of this
chapter, until modified, suspended, amended, or terminated as provided under
such subchapter.
(d) "State" defined
For purposes of this section, the term "State" means any State, the
District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, Guam, the Virgin Islands, and any territory or
possession of the United States.
(Pub. L. 85-726, title I, Sec. 105, as added Pub. L. 95-504, Sec. 4(a), Oct.
24, 1978, 92 Stat. 1708, and amended Pub. L. 98-443, Sec. 9(u), Oct. 4,
1984, 98 Stat. 1709.)
Amendments
1984--Subsec. (a)(1). Pub. L. 98-443 substituted "air transportation" for
"interstate air transportation".
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of
Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government
Organization and Employees.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1306. Report on subsidiary cost-sharing
Not later than January 1, 1980, the Board and the Secretary of
Transportation, shall, separately or jointly, submit a comprehensive report
to the Congress on the feasibility and appropriateness of devising formulas
by which States and their political subdivisions could share part of the
costs being incurred by the United States under sections 1376 and 1389 of
this Appendix. Such report shall include any recommendations of the Board and
the Secretary for the implementation of such cost-sharing formulas.
(Pub. L. 85-726, title I, Sec. 106, as added Pub. L. 95-504, Sec. 5(a), Oct.
24, 1978, 92 Stat. 1709.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1307. Safety study
(a) Policy
The Congress intends that the implementation of the Airline Deregulation
Act of 1978 result in no diminution of the high standard of safety in air
transportation attained in the United States on October 24, 1978.
(b) Report
Not later than January 31, 1980, and through April 1, 1990, the Secretary
of Transportation shall prepare and submit to the Congress and the Board a
comprehensive annual report on the extent to which the implementation of the
Airline Deregulation Act of 1978 has affected, during the preceding calendar
year, or will affect, in the succeeding calendar year, the level of air
safety. Each such report shall, at a minimum, contain an analysis of each of
the following:
(1) All relevant data on accidents and incidents occurring during the
calendar year covered by such report in air transportation and on
violations of safety regulations issued by the Secretary of Transportation
occurring during such calendar year.
(2) Current and anticipated personnel requirements of the Administrator
with respect to enforcement of air safety regulations.
(3) Effects on current levels of air safety of changes or proposals for
changes in air carrier operating practices and procedures which occurred
during the calendar year covered by such report.
(4) The adequacy of air safety regulations taking into consideration
changes in air carrier operating practices and procedures which occurred
during the calendar year covered by such report.
Based on such report, the Secretary shall take those steps necessary to
ensure that the high standard of safety in air transportation referred to in
subsection (a) of this section is maintained in all aspects of air
transportation in the United States.
(c) Recommendations
Not later than January 31, 1980, and through April 1 1990, the Secretary
of Transportation shall submit to the Congress and the Board recommendations
with respect to the level of surveillance necessary to enforce air safety
regulations and the level of staffing necessary to carry out such
surveillance. The Secretary of Transportation's recommendations shall include
proposals for any legislation needed to implement such recommendations.
(d) Regulations and inspection procedures
Not later than July 1, 1979, the Secretary of Transportation shall complete
a thorough review, and submit a report thereon to the appropriate authorizing
committees of the Congress and to the Administrator, of the safety
regulations and inspection procedures applicable to each class of air
carriers subject to the provisions of subchapter IV of this chapter, in order
to ensure that all classes of air carriers are providing the highest possible
level of safe, reliable air transportation to all the communities served by
those air carriers. Based on such review, the Administrator shall promulgate
such safety regulations and establish such inspection procedures as the
Administrator deems necessary to maintain the highest standard of safe,
reliable air transportation in the United States.
(Pub. L. 85-726, title I, Sec. 107, as added Pub. L. 95-504, Sec. 5(a), Oct.
24, 1978, 92 Stat. 1709, and amended Pub. L. 99-386, title II, Sec. 205, Aug.
22, 1986, 100 Stat. 823; Pub. L. 101-508, title IX, Sec. 9122, Nov. 5, 1990,
104 Stat. 1388-370.)
References in Text
The Airline Deregulation Act of 1978, referred to in subsecs. (a) and (b),
is Pub. L. 95-504, Oct. 24, 1978, 92 Stat. 1705, as amended. For complete
classification of this Act to the Code, see Short Title of 1978 Amendment
note set out under section 1301 of this Appendix and Tables.
Amendments
1990--Subsecs. (b), (c). Pub. L. 101-508 substituted "through April 1,
1990" for "each April 1 thereafter".
1986--Subsecs. (b), (c). Pub. L. 99-386 substituted "each April 1
thereafter" for "each January 31 thereafter".
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
Sec. 1308. Report on air carrier marketing of tours
Not later than May 1, 1979, the Board shall prepare and submit a report to
the Congress which sets forth the recommendations of the Board on whether
this chapter and regulations of the Board should be amended to permit air
carriers to sell tours directly to the public and to acquire control of
persons authorized to sell tours to the public. The report shall evaluate the
effects on the following groups of allowing air carriers to sell tours:
(1) The traveling public.
(2) The independent tour operator industry.
(3) The travel agent industry.
(4) The different classes of air carriers.
(Pub. L. 85-726, title I, Sec. 108, as added Pub. L. 95-504, Sec. 5(a), 92
Stat. 1710.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
SUBCHAPTER II--CIVIL AERONAUTICS BOARD; GENERAL POWERS
Sec. 1321. Omitted
Codification
Section was omitted pursuant to section 1551(a)(3) of this Appendix which
provided that this subchapter (other than section 1324) shall cease to be in
effect on Jan. 1, 1985.
Section 1321, Pub. L. 85-726, title II, Sec. 201, Aug. 23, 1958, 72 Stat.
741; Pub. L. 88-426, title III, Sec. 305(16)(A), Aug. 14, 1964, 78 Stat. 424,
established the Civil Aeronautics Board as an agency of the United States,
and set forth provisions relating to appointment, removal, qualifications,
etc., of members of the Board.
Sec. 1322. Omitted
Codification
Section was omitted pursuant to section 1551(a)(3) of this Appendix which
provided that this subchapter (other than section 1324) shall cease to be in
effect on Jan. 1, 1985.
Section 1322, Pub. L. 85-726, title II, Sec. 202, Aug. 23, 1958, 72 Stat.
741; Pub. L. 87-367, title I, Sec. 103(2), Oct. 4, 1961, 75 Stat. 787,
related to duties, compensation, etc., of officers, employees, and temporary
personnel of the Board.
Sec. 1323. Omitted
Codification
Section was omitted pursuant to section 1551(a)(3) of this Appendix which
provided that this subchapter (other than section 1324) shall cease to be in
effect on Jan. 1, 1985.
Section 1323, Pub. L. 85-726, title II, Sec. 203, Aug. 23, 1958, 72 Stat.
742; Pub. L. 87-810, Sec. 5, Oct. 15, 1962, 76 Stat. 921, set forth
provisions relating to authorized expenditures and travel by personnel of the
Board, and acceptance and disposal of property.
Sec. 1324. General powers and duties of the Board
(a) Performance of acts; conduct of investigations; orders, rules,
regulations, and procedure
The Board is empowered to perform such acts, to conduct such
investigations, to issue and amend such orders, and to make and amend such
general or special rules, regulations, and procedure, pursuant to and
consistent with the provisions of this chapter, as it shall deem necessary to
carry out the provisions of, and to exercise and perform its powers and
duties under, this chapter.
(b) Cooperation with State aeronautical agencies
The Board is empowered to confer with or to hold joint hearings with any
State aeronautical agency, or other State agency, in connection with any
matter arising under this chapter within its jurisdiction, and to avail
itself of the cooperation, services, records, and facilities of such State
agencies as fully as may be practicable in the administration and enforcement
of this chapter.
(c) Exchange of information with foreign governments
The Board is empowered to exchange with foreign governments, through
appropriate agencies of the United States, information pertaining to
aeronautics.
(d) Report of proceedings and investigations; publication; evidence
Except as may be otherwise provided in this chapter, the Board shall make a
report in writing in all proceedings and investigations under this chapter in
which formal hearings have been held, and shall state in such report its
conclusions together with its decision, order, or requirement in the
premises. All such reports shall be entered of record and a copy thereof
shall be furnished to all parties to the proceeding or investigation. The
Board shall provide for the publication of such reports, and all other
reports, orders, decisions, rules, and regulations issued by it under this
chapter in such form and manner as may be best adapted for public information
and use. Publications purporting to be published by the Board shall be
competent evidence of the orders, decisions, rules, regulations, and reports
of the Board therein contained in all courts of the United States, and of the
several States, Territories, and possessions thereof, and the District of
Columbia, without further proof or authentication thereof.
(Pub. L. 85-726, title II, Sec. 204, Aug. 23, 1958, 72 Stat. 743.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all powers,
duties, and functions of the Board were terminated or transferred by section
1551 of this Appendix, which provided in subsec. (a)(3) that this subchapter
(other than section 1324) ceases to be in effect on Jan. 1, 1985, and
provided in subsec. (b)(1)(E), (2), that all authority of the Board under
this chapter not terminated under section 1551(a) on or before Jan. 1, 1985,
and not otherwise transferred under section 1551(b) is transferred to the
Department of Transportation, effective Jan. 1, 1985.
All functions, powers, and duties of the Civil Aeronautics Board and the
Chairman, members, offices, and officers thereof under subchapters VI and VII
of this chapter, were transferred to the Secretary of Transportation by Pub.
L. 89-670, Sec. 6(d), Oct. 15, 1966, 80 Stat. 937, to be exercised by the
National Transportation Safety Board. See sections 1655(d) and 1903(a)(1)(A),
(9) of this Appendix.
Guaranty of Loans for Purchase of Aircraft and Equipment; Issuance by
Secretary of Transportation of Notes or Other Obligations; Purchase by
Secretary of the Treasury
Pub. L. 103-122, title I, Sec. 100, Oct. 27, 1993, 107 Stat. 1205,
provided that: "The Secretary of Transportation may hereafter issue notes or
other obligations to the Secretary of the Treasury, in such forms and
denominations, bearing such maturities, and subject to such terms and
conditions as the Secretary of the Treasury may prescribe. Such obligations
may be issued to pay any necessary expenses required pursuant to any
guarantee issued under the Act of September 7, 1957, Public Law 85-307, as
amended (49 U.S.C. 1324 note). None of the funds in this Act shall be
available for the implementation or execution of programs under this head
the obligations for which are in excess of $9,970,000 during fiscal year
1994. Such obligations shall be redeemed by the Secretary from
appropriations authorized by this section. The Secretary of the Treasury
shall purchase any such obligations, and for such purpose he may use as a
public debt transaction the proceeds from the sale of any securities issued
under the Second Liberty Bond Act, as now or hereafter in force. The
purposes for which securities may be issued under such Act are extended to
include any purchase of notes or other obligations issued under the
subsection. The Secretary of the Treasury may sell any such obligations at
such times and price and upon such terms and conditions as he shall
determine in his discretion. All purchases, redemptions, and sales of such
obligations by such Secretary shall be treated as public debt transactions
of the United States."
Similar provisions were contained in the following prior appropriations
acts:
Pub. L. 102-388, title I, Sec. 100, Oct. 6, 1992, 106 Stat. 1527.
Pub. L. 102-143, title I, Sec. 100, Oct. 28, 1991, 105 Stat. 924.
Pub. L. 101-516, title I, Sec. 100, Nov. 5, 1990, 104 Stat. 2161.
Pub. L. 101-164, title I, Sec. 100, Nov. 21, 1989, 103 Stat. 1076.
Pub. L. 100-457, title I, Sec. 101, Sept. 30, 1988, 102 Stat. 2130.
Pub. L. 100-202, Sec. 101(l) [title I, Sec. 101], Dec. 22, 1987, 101
Stat. 1329-358, 1329-363.
Pub. L. 99-500, Sec. 101(l) (H.R. 5205, title I, Sec. 101), Oct. 18,
1986, 100 Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l) (H.R. 5205,
title I, Sec. 101), Oct. 30, 1986, 100 Stat. 3341-308.
Pub. L. 99-190, Sec. 101(e) [title I, Sec. 101], Dec. 19, 1985, 99 Stat.
1267, 1273.
Pub. L. 98-473, title I, Sec. 3101(i) [title I, Sec. 101], Oct. 12, 1984,
98 Stat. 1944, 1950.
Pub. L. 98-78, title I, Sec. 101, Aug. 15, 1983, 97 Stat. 458.
Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 339.
Guaranty of Loans for Purchase of Aircraft and Equipment
Pub. L. 85-307, Sept. 7, 1957, 71 Stat. 629, as amended by Pub. L. 86-3,
Sec. 21, Mar. 18, 1959, 73 Stat. 13; Pub. L. 86-70, Sec. 39, June 25, 1959,
73 Stat. 150; Pub. L. 86-624, Sec. 37, July 12, 1960, 74 Stat. 421; Pub. L.
87-820, Secs. 1-7, Oct. 15, 1962, 76 Stat. 936; Pub. L. 90-568, Secs. 1, 2,
Oct. 12, 1968, 82 Stat. 1003; Pub. L. 92-556, Oct. 25, 1972, 86 Stat. 1170;
Pub. L. 95-504, Sec. 42, Oct. 24, 1978, 92 Stat. 1748, provided:
"[Sec. 1. Declaration of Policy]. That it is hereby declared to be the
policy of Congress, in the interests of the commerce of the United States,
the postal service [now United States Postal Service], and the national
defense to promote the development of local, feeder, and short-haul air
transportation and to promote the development of local, feeder, and short-
haul charter air transportation of cargo. In furtherance of this policy it is
deemed necessary and desirable that provision be made to assist certain air
carriers, charter air carriers, commuter air carriers, and intrastate air
carriers engaged in such air transportation by providing governmental
guaranties of loans to enable them to purchase aircraft suitable for such
transportation on reasonable terms.
"Sec. 2. [Definitions]. As used in this Act--
"(1) 'aircraft purchase loan' means any loan, or commitment in connection
therewith, made for the purchase of commercial transport aircraft,
including spare parts normally associated therewith;
"(2) 'air carrier' means any air carrier holding a certificate of public
convenience and necessity issued by the Civil Aeronautics Board under
section 401(d)(1) of the Federal Aviation Act of 1958 [49 App. U.S.C.
1371(d)(1)];
"(3) 'charter air carrier' has the meaning given such term in section
101(14) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1301(14)];
"(4) 'charter air transportation' has the meaning given such term in
section 101(15) of the Federal Aviation Act of 1958 [49 App. U.S.C.
1301(15)];
"(5) 'commuter air carrier' means any air carrier operating pursuant to
section 416(b)(3)[(4)] of the Federal Aviation Act of 1958 [49 App. U.S.C.
1386(b)(4)] who operates at least five round trip flights per week between
one pair of points in accordance with published flight schedules;
"(6) 'intrastate air carrier' means any citizen of the United States who
undertakes, whether directly or indirectly or by a lease or any other
arrangement, to engage primarily in intrastate air transportation (as such
term is defined in section 101(26) of the Federal Aviation Act of 1958) [49
App. U.S.C. 1301(26)]; and
"(7) 'Secretary' means the Secretary of Transportation.
"Sec. 3. [Eligible Lenders]. The Secretary is authorized to guarantee any
lender against loss of principal or interest on any aircraft purchase loan
made by such lender to--
"(1) any air carrier whose certificate (A) authorizes such air carrier to
provide local or feeder air service, (B) authorizes scheduled passenger
operations the major portion of which are conducted within the State of
Hawaii, (C) authorizes operations (the major portion of which is conducted
either within Alaska or between Alaska and the forty-eight contiguous
States), within the State of Alaska (including service between Alaska and
the forty-eight contiguous States, and between Alaska and adjacent Canadian
territory), or (D) authorizes metropolitan helicopter service,
"(2) any charter air carrier for the purchase of any all-cargo
nonconvertible aircraft,
"(3) any commuter air carrier, or
"(4) any intrastate air carrier.
Such guarantee shall be made in such form, on such terms and conditions, and
pursuant to such regulations, as the Secretary deems necessary and which are
not inconsistent with the provisions of this Act.
"Sec. 4. [Restrictions]. (a) Subject to subsection (b) of this section, no
guaranty shall be made--
"(1) extending to more than the unpaid interest and 90 percent of the
unpaid principal of any loan;
"(2) on any loan or combination of loans for more than 90 percent of the
purchase price of the aircraft, including spare parts, to be purchased
therewith;
"(3) on any loan whose terms permit full repayment more than 15 years
after the date thereof;
"(4) wherein the total face amount of such loan, and of any other loans
to the same air carrier, charter air carrier, commuter air carrier, or
intrastate air carrier or corporate predecessor of such air carrier,
charter air carrier, commuter air carrier, or intrastate air carrier
guaranteed and outstanding under the terms of this Act exceeds
$100,000,000;
"(5) unless the Secretary finds that, without such guaranty, in the
amount thereof, the air carrier, charter air carrier, commuter air carrier,
or intrastate air carrier would be unable to obtain necessary funds for the
purchase of needed aircraft on reasonable terms;
"(6) unless the Secretary finds that the aircraft to be purchased with
the guaranteed loan is needed to improve the service and efficiency of
operation of the air carrier, charter air carrier, commuter air carrier, or
intrastate air carrier;
"(7) unless the Secretary finds that the prospective earning power--
"(A) of the applicant air carrier or charter air carrier, together with
the character and value of the security pledged, furnish (i) reasonable
assurances of the applicant's ability to repay the loan within the time
fixed therefor, and (ii) reasonable protection to the United States; and
"(B) of the applicant commuter air carrier or intrastate air carrier,
together with the character and value of the security pledged, furnish
(i) reasonable assurances of the applicant's ability and intention to
repay the loan within the time fixed therefor, to continue its operations
as a commuter air carrier or intrastate air carrier, and to the extent
found necessary by the Secretary, to continue its operations as a
commuter air carrier or intrastate air carrier between the same route or
routes being operated by such applicant at the time of the loan
guarantee, and (ii) reasonable protection to the United States; and
"(8) on any loan or combination of loans for the purchase of any new
turbojet-powered aircraft which does not comply with the noise standards
prescribed for new subsonic aircraft in regulations issued by the Secretary
acting through the Administrator of the Federal Aviation Administration (14
CFR part 36), as such regulations were in effect on January 1, 1977.
"(b) No guaranty shall be made by the Secretary under subsection (a) of
this section on any loan for the purchase of any all-cargo nonconvertible
aircraft by any charter air carrier in an amount which, together with any
other loans guaranteed and outstanding under this Act to such charter air
carrier, or corporate predecessor of such charter air carrier, would result
in the ratio of the total face amount of such loans to $100,000,000 exceeding
the ratio of the amount of charter air transportation of such charter air
carrier provided to medium, small, and non-hub airports during the twelve-
month period preceding the date on which the application for such guaranty is
made by such charter air carrier to the total amount of charter air
transportation of such charter air carrier during such twelve-month period.
"Sec. 5. [Fee]. The Secretary shall prescribe and collect from the lending
institution a reasonable guaranty fee in connection with each loan guaranteed
under this Act.
"Sec. 6. [Cooperation With Other Agencies]. (a) To permit him to make use
of such expert advice and services as he may require in carrying out the
provisions of this Act, the Secretary may use available services and
facilities of other agencies and instrumentalities of the Federal Government
with their consent and on a reimbursable basis.
"(b) Departments and agencies of the Federal Government shall exercise
their powers, duties, and functions in such manner as will assist in carrying
out the objectives of this Act.
"(c) The Secretary shall make available to the Comptroller General of the
United States such information with respect to the loan guaranty program
under this Act as the Comptroller General may require to carry out his duties
under the Budget and Accounting Act, 1921 [31 U.S.C. 1101 et seq.].
"Sec. 7. [Receipts, Authorization of Appropriation, Expenses]. (a) Receipts
under this Act shall be credited to miscellaneous receipts of the Treasury.
"(b) Payments to lenders required as a consequence of any guaranty under
this Act may be made from funds which are hereby authorized to be
appropriated to the Department of Commerce for that purpose.
"(c) Administrative expenses under this Act shall be paid from
appropriations to the Department of Commerce for administrative expenses.
"Sec. 8. [Termination Date]. The authority of the Secretary under section 3
of this Act shall terminate five years after the date of enactment of this
section [Oct. 24, 1978]."
Provisions respecting loans and financial aid inapplicable to guaranty of
loans by the Secretary under Pub. L. 85-307, set out above, but consultation
of the Secretary with and consideration of views and recommendations of the
Board in making the guarantees, see section 1380 of this Appendix.
Guaranty of Loans for Purchase of Aircraft and Equipment; Orders, etc.,
Effective Until Terminated; Pending Proceedings and Prior Suits Unaffected;
Transfer of Personnel and Equipment
Pub. L. 87-820, Secs. 9, 10, Oct. 15, 1962, 76 Stat. 936, provided:
"Sec. 9. (a) All orders, determinations, rules, regulations, permissions,
approvals, agreements, rulings, directives, and privileges which have been
issued, made, or granted, or allowed to become effective, by the Civil
Aeronautics Board, or any court of competent jurisdiction, under any
provision of law amended by this Act [amending note set out above and section
1380 of this Appendix], or in the exercise of duties, powers, or functions
which, under this Act, are vested in the Secretary of Commerce [now Secretary
of Transportation], and which are in effect on the date of enactment of this
Act [Oct. 15, 1962] shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or repealed by the Secretary of
Commerce [now Secretary of Transportation] or by any court of competent
jurisdiction, or by operation of law.
"(b) The provisions of this Act [amending note set out above and section
1380 of this Appendix] shall not affect any proceedings pending before the
Civil Aeronautics Board on the date of enactment of this Act [Oct. 15, 1962];
but any such proceedings shall be continued before the Secretary of Commerce
[now Secretary of Transportation], orders issued therein, and payments made
pursuant to such orders, as if this Act had not been enacted; and orders
issued in any such proceedings shall continue in effect until modified,
terminated, superseded, or repealed by the Secretary of Commerce, or by
operation of law.
"(c) The provisions of this Act [amending note set out above and section
1380 of this Appendix] shall not affect suits commenced prior to the date of
its enactment [Oct. 15, 1962]; and all such suits shall be continued by the
Secretary of Commerce [now Secretary of Transportation], proceedings therein
had, appeals therein taken, and judgments therein rendered, in the same
manner and with the same effect as if this Act had not been enacted. No suit,
action, or other proceeding lawfully commenced by or against the Civil
Aeronautics Board or officer of the United States, in relation to the
discharge of official duties, shall abate by reason of any transfer of
authority, power, or duties from the Board or officer to the Secretary of
Commerce [now Secretary of Transportation], under the provisions of this Act,
but the court upon a motion or a supplemental petition filed at any time
within twelve months after such transfer, showing the necessity for a
survival of such suit, action, or other proceeding to obtain a settlement of
the questions involved, may allow the same to be maintained by or against the
Secretary of Commerce [now Secretary of Transportation].
"Sec. 10. (a) The officers, employees, and property (including office
equipment and official records) of the Civil Aeronautics Board which the
Bureau of the Budget [now Office of Management and Budget], after
consultation with the Board, shall determine to have been employed by the
Board in the exercise and performance of those powers and duties vested in
and imposed upon it by the Act of September 7, 1957 (71 Stat. 629), as in
effect on the day before the date of enactment of this Act [Oct. 15, 1962],
and which are vested by this Act [amending note set out above and section
1380 of this Appendix] in the Secretary of Commerce [now Secretary of
Transportation], shall be transferred to the Department of Commerce [now
Department of Transportation] upon such date or dates as the Bureau of the
Budget [now Office of Management and Budget] shall specify. The transfer of
personnel under this section shall be without reduction in classified or
compensation, except that this requirement shall not operate after the end of
the fiscal year during which such transfer is made to prevent the adjustment
of classification or compensation to conform to the duties to which such
transferred personnel may be assigned.
"(b) All records transferred to the Secretary of Commerce [now Secretary of
Transportation] under this Act [amending note set out above and section 1380
of this Appendix] shall be available for use by him to the same extent as if
such records were originally records of the Secretary."
REORGANIZATION PLAN NO. 3 OF 1961
Eff. July 3, 1961, 26 F.R. 5989, 75 Stat. 837
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, May 3, 1961, pursuant to
the provisions of the Reorganization Act of 1949, as amended [see 5
U.S.C. 901 et seq.].
CIVIL AERONAUTICS BOARD
Section 1. Authority To Delegate
(a) In addition to its existing authority, the Civil Aeronautics Board,
hereinafter referred to as the "Board", shall have the authority to delegate,
by published order or rule, any of its functions to a division of the Board,
an individual Board member, a hearing examiner, or an employee or employee
board, including functions with respect to hearing, determining, ordering,
certifying, reporting or otherwise acting as to any work, business, or
matter: Provided, however, That nothing herein contained shall be deemed to
supersede the provisions of section 7(a) of the Administrative Procedure Act
(60 Stat. 241), as amended [see 5 U.S.C. 556].
(b) With respect to the delegation of any of its functions, as provided in
subsection (a) of this section, the Board shall retain a discretionary right
to review the action of any such division of the Board, individual Board
member, hearing examiner, employee or employee board, upon its own initiative
or upon petition of a party to or an intervenor in such action, within such
time and in such manner as the Board shall by rule prescribe: Provided,
however, That the vote of a majority of the Board less one member thereof
shall be sufficient to bring any such action before the Board for review.
(c) Should the right to exercise such discretionary review be declined, or
should no such review be sought within the time stated in the rules
promulgated by the Board, then the action of any such division of the Board,
individual Board member, hearing examiner, employee or employee board, shall,
for all purposes, including appeal or review thereof, be deemed to be the
action of the Board.
Sec. 2. Transfer of Functions to the Chairman
In addition to the functions transferred by the provisions of
Reorganization Plan No. 13 of 1950 (64 Stat. 1266) [5 App. U.S.C.], there are
hereby transferred from the Board to the Chairman of the Board the functions
of the Board with respect to the assignment of Board personnel, including
Board members, to perform such functions as may have been delegated by the
Board to Board personnel, including Board members, pursuant to section 1 of
this reorganization plan.
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 3 of 1961, prepared in
accordance with the Reorganization Act of 1949, as amended, and providing for
reorganization in the Civil Aeronautics Board.
This Reorganization Plan No. 3 of 1961 follows upon my message of April 13,
1961, to the Congress of the United States. It is believed that the taking
effect of the reorganizations included in this plan will provide for greater
efficiency in the dispatch of the business of the Civil Aeronautics Board.
The plan provides for greater flexibility in the handling of the business
before the Board, permitting its disposition at different levels so as better
to promote its efficient dispatch. Thus matters both of an adjudicatory and
regulatory nature may, depending upon their importance and their complexity,
be finally consummated by divisions of the Board, individual Board members,
hearing examiners, and, subject to the provisions of section 7(a) of the
Administrative Procedure Act of 1946 (60 Stat. 241), by other employees. This
will relieve the Board members from the necessity of dealing with many
matters of lesser importance and thus conserve their time for the
consideration of major matters of policy and planning. There is, however,
reserved to the Board as a whole the right to review any such decision,
report, or certification either upon its own initiative or upon the petition
of a party or intervenor demonstrating to the satisfaction of the Board the
desirability of having the matter reviewed at the top level.
Provision is also made, in order to maintain the fundamental bipartisan
concept explicit in the basic statute creating the Board, for mandatory
review of any such decision, report, or certification upon the vote of a
majority of the Board less one member.
Inasmuch as the assignment of delegated functions in particular cases and
with reference to particular problems to divisions of the Board, to Board
members, to hearing examiners, to employees and boards of employees must
require continuous and flexible handling, depending both upon the amount and
nature of the business, that function is placed in the Chairman by section 2
of the plan.
By providing sound organizational arrangements, the taking effect of the
reorganizations included in the accompanying reorganization plan will make
possible more economical and expeditious administration of the affected
functions. It is, however, impracticable to itemize at this time the
reductions of expenditures which it is probable will be brought about by such
taking effect.
After investigation, I have found and hereby declare that each
reorganization included in the reorganization plan transmitted herewith is
necessary to accomplish one or more of the purposes set forth in section 2(a)
of the Reorganization Act of 1949, as amended.
I recommend that the Congress allow the reorganization plan to become
effective.
John F. Kennedy.
The White House, May 3, 1961.
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to the Civil
Aeronautics Board, see Parts 1, 15, and 30 of Ex. Ord. No. 11490, eff. Oct.
28, 1969, 34 F.R. 17567, set out as a note under section 2251 of Title 50,
Appendix, War and National Defense.
Cross References
Enforcement under this chapter by Civil Aeronautics Board of requirements
imposed under section 1601 et seq. of Title 15, Commerce and Trade, see
section 1607 of Title 15.
Sec. 1325. Omitted
Codification
Section, Pub. L. 85-726, title II, Sec. 205, Aug. 23, 1958, 72 Stat. 744,
which related to annual reporting requirement of the Board and contents of
such reports, was omitted pursuant to section 1551(a)(3) of this Appendix
which provided that this subchapter (other than section 1324) shall cease to
be in effect on Jan. 1, 1985.
SUBCHAPTER III--ORGANIZATION OF ADMINISTRATION; POWERS AND DUTIES OF
ADMINISTRATOR
Sec. 1341. Federal Aviation Administration
(a), (b) Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat. 2444
(c) Principal office; seal
The principal office of the Administration shall be in or near the District
of Columbia, but it may act and exercise all its powers at any other place.
The Administration shall have an official seal which shall be judicially
noticed.
(Pub. L. 85-726, title III, Sec. 301, Aug. 23, 1958, 72 Stat. 744; Pub. L.
88-426, title III, Sec. 305(16)(B), Aug. 14, 1964, 78 Stat. 424; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 97-449, Sec. 7(b),
Jan. 12, 1983, 96 Stat. 2444.)
Amendments
1983--Subsecs. (a), (b). Pub. L. 97-449 struck out subsecs. (a) and (b),
which established the Federal Aviation Administration and provided for the
appointment, duties, and qualifications of the Administrator. See section 106
of Title 49, Transportation.
1964--Subsec. (a). Pub. L. 88-426 struck out provisions which prescribed
the salary of the Administrator. See section 5313 of Title 5, Government
Organization and Employees.
Effective Date of 1964 Amendment
Amendment by Pub. L. 88-426 effective the first day of the first pay period
which begins on or after July 1, 1964, except to the extent provided in
section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426.
Effective Date
Section effective Aug. 23, 1958, see section 1505(1) of Pub. L. 85-726, set
out as a note under section 1301 of this Appendix.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in pa
Transfer of Functions
In subsec. (c), "Administration", meaning the Federal Aviation
Administration, was substituted for "Agency", meaning the Federal Aviation
Agency, pursuant to sections 3(e) and 6(c)(1) of Pub. L. 89-670, which
transferred all functions, powers, and duties of the Federal Aviation Agency
and of the Administrator and other offices and officers thereof to the
Secretary of Transportation and established a Federal Aviation Administration
in the Department of Transportation. See section 106 of Title 49,
Transportation.
rt on Jan. 1, 1985.
Transfer of Personnel, Property, And Appropriations
Section 1502 of Pub. L. 85-726 provided that:
"(a) The officers, employees, and property (including office equipment and
official records) of the Civil Aeronautics Administration of the Department
of Commerce, and of the Airways Modernization Board, and such employees and
property (including office equipment and official records) as the President,
after consultation with the Civil Aeronautics Board, shall determine to have
been employed by the Civil Aeronautics Board in the exercise and performance
of those powers and duties vested in and imposed upon it by the Civil
Aeronautics Act of 1938, as amended [49 App. U.S.C. 401 et seq.], and which
are vested by this Act [this chapter] in the Agency, shall be transferred to
the Agency upon such date or dates as the President shall specify: Provided,
That the transfer of such personnel shall be without reduction in
classification or compensation, except that this requirement shall not
operate after the end of the fiscal year during which such transfer is made
to prevent the adjustment of classification or compensation to conform to the
duties to which such transferred personnel may be assigned.
"(b) Such of the unexpended balances of appropriations available for use by
the Civil Aeronautics Administration of the Department of Commerce and by the
Airways Modernization Board, and such of the unexpended balances of
appropriations available for use by the Civil Aeronautics Board in the
exercise and performance of those powers and duties vested in and imposed
upon it by the Civil Aeronautics Act of 1938, as amended [49 App. U.S.C. 401
et seq.], and which are vested by this Act [this chapter] in the
Administrator, shall be transferred to the Agency upon such date or dates as
the President shall specify, and shall be available for use in connection
with the exercise and performance of the powers and duties vested in and
imposed upon the Administrator by this Act. Where provisions of this Act
which are to be administered by the Board are in substance reenactments (with
or without modifications) of provisions of the Civil Aeronautics Act of 1938,
as amended [49 App. U.S.C. 401 et seq.], administered by the Board at the
time this section takes effect, the Board, in carrying out such provisions of
this Act, may utilize unexpended balances of appropriations made for carrying
out such provisions of the Civil Aeronautics Act of 1938, as amended [49 App.
U.S.C. 401 et seq.].
"(c) All records transferred to the Administrator under this Act [this
chapter] shall be available for use by him to the same extent as if such
records were originally records of the Administrator."
Delegation of Authority
Delegation of authority to Director of the Bureau of the Budget [now Office
of Management and Budget] and transfer of records and property, see Ex. Ord.
No. 10797, set out as a note under section 1345 of this Appendix.
Collection of Fees, Charges, and Prices; Review and Approval by Congress
Pub. L. 95-504, Sec. 45, Oct. 24, 1978, 92 Stat. 1753, as amended Pub. L.
96-192, Sec. 28, Feb. 15, 1980, 94 Stat. 48, which related to prior review
and approval by Congress for fees collected by the Secretary of
Transportation and the Administrator of the Federal Aviation Administration,
was repealed by Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat. 2445.
Sec. 1342. Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat. 2444
Section, Pub. L. 85-726, title III, Sec. 302(a), (b), Aug. 23, 1958, 72
Stat. 744; Pub. L. 88-426, title III, Sec. 305(16)(C), Aug. 14, 1964, 78
Stat. 424; Pub. L. 89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 932, related
to appointment, powers, duties and qualifications of the Deputy
Administrator. See section 106 of Title 49, Transportation.
Sec. 1343. General powers and duties of Secretary of Transportation
(a), (b) Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat. 2444
(c) Development of plans for discharge of responsibilities in event of war;
legislative proposal; transfer of functions
The Secretary of Transportation shall develop, in consultation with the
Department of Defense and other affected Government agencies, plans for the
effective discharge of the responsibilities of the Administration in the
event of war, and shall propose to Congress on or before January 1, 1960,
legislation for such purpose: Provided, That in the event of war the
President by Executive order may transfer to the Department of Defense any
functions (including powers, duties, activities, facilities, and parts of
functions) of the Administration prior to enactment of such proposed
legislation. In connection with any such transfer, the President may provide
for appropriate transfers of records, property, and personnel.
(Pub. L. 85-726, title III, Sec. 302(c)-(k), Aug. 23, 1958, 72 Stat. 745;
Pub. L. 87-367, title I, Sec. 103(2), title II, Sec. 205, Oct. 4, 1961, 75
Stat. 787, 791; Pub. L. 87-793, Sec. 1001(h), Oct. 11, 1962, 76 Stat. 864;
Pub. L. 89-670, Sec. 6(c)(1), Oct. 15, 1966; 80 Stat. 937; Pub. L. 93-608,
Sec. 1(20), Jan. 2, 1975, 88 Stat. 1970; Pub. L. 97-449, Sec. 7(b), Jan. 12,
1983, 96 Stat. 2444.)
Codification
Section was originally comprised of subsecs. (c) to (k) of section 302 of
Pub. L. 85-726, which have been designated as subsecs. (a) to (i) of this
section, respectively, for purposes of codification. Remainder of section 302
was classified to section 1342 of this Appendix and was repealed.
Subsection (e) of this section, which required the Administrator to make a
special study of personnel problems with due regard to the need for (1)
special qualifications and training, (2) special provisions as to pay,
retirement, and hours of service, and (3) special provisions to assure
availability, responsiveness, and security status of essential personnel in
fulfilling national defense requirements and make a report to the Congress on
or before Jan. 1, 1960, was omitted from the Code.
Amendments
1983--Subsecs. (a), (b), (d), (f), (g), (i). Pub. L. 97-449 struck out
subsecs. (a), (b), (d), (f), (g), and (i) which had provided, respectively,
for the participation of the military in the carrying out of air traffic
control functions, for the exchange of information between the Secretary of
Transportation and other agencies, for the selection and employment of
personnel, for the recruitment and employment of scientific and professional
personnel, for the appointment of advisory committees and consultants, and
for the cooperation between the Secretary of Transportation and other
agencies. See sections 106, 322-325, 329 of Title 49, Transportation.
1975--Subsec. (a)(3). Pub. L. 93-608 struck out par. (3), which set forth
reporting requirements for agreements relating to the detail of members of
the armed services.
1962--Subsec. (d). Pub. L. 87-793 substituted "not to exceed the highest
rate of grade 18 of the General Schedule" for "not to exceed $19,500 per
annum".
1961--Subsec. (d). Pub. L. 87-367, Sec. 205(b), authorized the
Administrator of the Federal Aviation Agency to increase the number of
persons employed at $19,500 per annum from 10 to 23.
Subsec. (f). Pub. L. 87-367, Sec. 205(a), authorized the Administrator of
the Federal Aviation Agency to increase the number of scientific and
professional positions from 15 to 20.
Subsec. (h). Pub. L. 87-367, Sec. 103(2), struck out provision which
authorized Administrator of the Federal Aviation Agency to place additional
positions in grades 16, 17, and 18 of the General Schedule.
Effective Date of 1962 Amendment
Amendment by Pub. L. 87-793 effective the first day of the first pay period
which begins on or after Oct. 11, 1962, see section 1008 of Pub. L. 87-793.
Effective Date
Subsecs. (a), (d), (g) and (i) of this section effective August 23, 1958,
see section 1505(1) of Pub. L. 85-726, set out as a note under section 1301
of this Appendix.
Subsecs. (b), (c), (e), (f), and (h) of this section effective on the 60th
day following the date on which the Administrator of the Federal Aviation
Agency [now the Federal Aviation Administrator] first appointed under this
chapter qualified and took office [Oct. 31, 1958], see section 1505(2) of
Pub. L. 85-726, set out as a note under section 1301 of this Appendix.
Savings Clause
Positions existing prior to Oct. 4, 1961, compensation and appointments
thereto unaffected by changes made by Pub. L. 87-367 and positions in grades
16, 17, and 18 of the General Schedule of the Classification Act of 1949
prior to Oct. 4, 1961, to remain in respective grades, until appropriate
action was taken under title I of Pub. L. 87-367, see section 104 of Pub. L.
87-367.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted in subsec. (c), for
"Administrator" (meaning Administrator of the Federal Aviation Agency)
pursuant to section 6(c)(1) of Pub. L. 89-670, which transferred all
functions, powers, and duties of the Federal Aviation Agency and the
Administrator thereof under this section to the Secretary of Transportation.
See section 106 of Title 49, Transportation.
"Administration" was substituted, in subsec. (c), for "Agency" pursuant to
sections 3(e) and 6(c)(1) of Pub. L. 89-670, which transferred all functions,
powers, and duties of the Federal Aviation Agency and of the Administrator
and other offices and officers thereof to the Secretary of Transportation and
established a Federal Aviation Administration in the Department of
Transportation. See section 106 of Title 49.
Exception as to Transfer of Functions
The transfer of functions from the Federal Aviation Agency to the Secretary
of Transportation by Pub. L. 89-670 not to affect the power of the President
under subsec. (c) of this section to transfer to the Department of Defense in
the event of war any functions transferred by Pub. L. 89-670 from the Federal
Aviation Agency, see section 1655(c)(2) of this Appendix.
Applicability of Section 1(a) of Reorganization Plan No. 5 of 1950
Section 1401(c) of Pub. L. 85-726 provided in part that no function vested
in the Administrator by Pub. L. 85-726, shall hereafter be subject to the
provisions of section 1(a) of Reorganization Plan No. 5 of 1950, set out in
the Appendix to Title 5, Government Organization and Employees.
Placement in Salary Grade of Certain Positions
Section 103(15) of Pub. L. 87-367 repealed such part of section 101 of Pub.
L. 85-469, title I, June 25, 1958, 72 Stat. 228, which authorized the
Administrator of the Federal Aviation Agency to place one additional position
in grade 18, two in grade 17 and seven in grade 16 of the General Schedule,
set out under section 5332 of Title 5, Government Organization and Employees.
Ex. Ord. No. 11161. Transfer of Federal Aviation Agency to Defense Department
in Event of War
Ex. Ord. No. 11161, eff. July 7, 1964, 29 F.R. 9317, as amended by Ex. Ord.
No. 11382, eff. Nov. 28, 1967, 32 F.R. 16247, provided:
WHEREAS Section 302(e) of the Federal Aviation Act of 1958 [subsec. (c) of
this section] provides, in part, that in the event of war the President by
Executive order may transfer to the Department of Defense any functions
(including powers, duties, activities, facilities, and parts of functions) of
the Federal Aviation Administration; and
WHEREAS it appears that the defense of the United States would require the
transfer of the Federal Aviation Administration to the Department of Defense
in the event of war; and
WHEREAS if any such transfer were to be made it would be essential to the
defense of the United States that the transition be accomplished promptly and
with maximum ease and effectiveness; and
WHEREAS these objectives require that the relationships that would obtain
in the event of such a transfer as between the Federal Aviation
Administration and the Department of Defense be understood in advance by the
two agencies concerned and be developed in necessary detail by them in
advance of transfer:
NOW, THEREFORE, by virtue of the authority vested in me by Section 302(e)
(72 Stat. 746; 49 U.S.C. 1343(c)) [subsec. (c) of this section], and as
President of the United States and Commander in Chief of the Armed Forces of
the United States, it is hereby ordered as follows:
Section 1. The Secretary of Defense and the Secretary of Transportation are
hereby directed to prepare and develop plans, procedures, policies, programs,
and courses of action in anticipation of the probable transfer of the Federal
Aviation Administration to the Department of Defense in the event of war.
Those plans, policies, procedures, programs, and courses of action shall be
prepared and developed in conformity with the following-described standards
and conditions--
(A) The Federal Aviation Administration will function as an adjunct of the
Department of Defense with the Federal Aviation Administrator being
responsible directly to the Secretary of Defense and subject to his
authority, direction, and control to the extent deemed by the Secretary to be
necessary for the discharge of his responsibilities as Secretary of Defense.
(B) To the extent deemed by the Secretary of Defense to be necessary for
the accomplishment of the military mission, he will be empowered to direct
the Administrator to place operational elements of the Federal Aviation
Administration under the direct operational control of appropriate military
commanders.
(C) While functioning as an adjunct of the Department of Defense, the
Federal Aviation Administration will remain organizationally intact and the
Administrator thereof will retain responsibility for administration of his
statutory functions, subject to the authority, direction, and control of the
Secretary of Defense to the extent deemed by the Secretary to be necessary
for the discharge of his responsibilities as Secretary of Defense.
Sec. 2. In furtherance of the objectives of the foregoing provisions of
this order, the Secretary of Defense and the Secretary of Transportation
shall, to the extent permitted by law, make such arrangements and take such
actions as they deem necessary to assure--
(A) That the functions of the Federal Aviation Administration are performed
during any period of national emergency short of war in a manner that will
assure that essential national defense requirements will be satisfied during
any such period of national emergency.
(B) Consistent with the provisions of paragraphs (A), (B), and (C) of
Section 1 of this order, that any transfer of the Federal Aviation
Administration to the Department of Defense, in the event of war, will be
accomplished smoothly and rapidly and effective operation of the agencies and
functions affected by the transfer will be achieved after the transfer.
Lyndon B. Johnson.
Sec. 1344. Procurement authority
(a) Acquisition and disposal of property
Subject to subsection (b) of this section, the Administration, on behalf of
the United States, is authorized, where appropriate--
(1) within the limits of available appropriations made by the Congress
therefor, to acquire by purchase, condemnation, lease for a term not to
exceed 20 years, or otherwise, personal property or services and real
property or interests therein, including, in the case of air navigation
facilities (including airports) owned by the United States and operated
under the direction of the Administrator, easements through or other
interests in airspace immediately adjacent thereto and needed in
connection therewith;
(2) for adequate compensation, by sale, lease, or otherwise, to
dispose of any real or personal property or interest therein; except
that, other than for airport and airway property and technical equipment
used for the special purposes of the Federal Aviation Administration,
such disposition shall be made in accordance with the Federal Property
and Administrative Services Act of 1949; and
(3) to construct, improve, or renovate laboratories and other test
facilities and to purchase or otherwise acquire real property required
therefor.
(b) Special rules for certain acquisitions
(1) Acquisitions by condemnation
Any acquisition by condemnation under subsection (a) of this section may
be made in accordance with the provision of the Act of August 1, 1888 (40
U.S.C. 257; 25 Stat. 357), the Act of February 26, 1931 (40 U.S.C.
258a-258e-1; 46 Stat. 1421), or any other applicable Act; except that, in
the case of condemnations of easements through or other interests in
airspace, in fixing condemnation awards, consideration may be given to the
reasonable probable future use of the underlying land.
(2) Acquisitions of public buildings
The Administrator may, under subsection (a) of this section construct or
acquire by purchase, condemnation, or lease a public building, or interest
in a public building (as defined in section 13 of the Public Buildings Act
of 1959 (40 U.S.C. 612)) only under a delegation of authority from the
Administrator of General Services.
(c) Procurement procedures
In procuring personal property or services and real property and interests
therein under subsection (a) of this section, the Administrator may use
procedures other than competitive procedures in circumstances which are set
forth in section 303(c) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253(c)).
(d) Sole source approval by administrator
For procurements by the Federal Aviation Administration, the Administrator
shall be the senior procurement executive referred to in paragraph (3) of
section 16 of Office of Federal Procurement Policy Act (41 U.S.C. 414) for
the purposes of approving the justification for the use of noncompetitive
procedures required under section 303(f)(1)(B)(iii) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253(f)(1)(B)(iii)).
(e) Multiyear service contracts
(1) In general
Notwithstanding section 1341(a)(1)(B) of title 31, United States Code,
the Administrator may enter into contracts for periods of not more than 5
years for the following types of services (and items of supply related to
such services) for which funds would otherwise be available for obligation
only within the fiscal year for which appropriated--
(A) operation, maintenance, and support of facilities and installations;
(B) operation, maintenance, or modification of aircraft, vehicles,
and other highly complex equipment;
(C) specialized training necessitating high quality instructor skills
(for example, pilot and aircrew members; foreign language training); and
(D) base services (for example, ground maintenance, in-plane
refueling; bus transportation; refuse collection and disposal).
(2) Findings
The Administrator may enter into a contract described in paragraph (1)
only if the Administrator finds that--
(A) there will be a continuing requirement for the services
consonant with current plans for the proposed contract period;
(B) the furnishing of such services will require a substantial
initial investment in plant or equipment, or the incurrence of
substantial contingent liabilities for the assembly, training, or
transportation of a specialized workforce; and
(C) the use of such a contract will promote the best interests of
the United States by encouraging effective competition and promoting
economies in operation.
(3) Guidance principles
In entering into contracts described in paragraph (1), the Administrator
shall be guided by the following principles:
(A) The portion of the cost of any plant or equipment amortized as
a cost of contract performance should not exceed the ratio between
the period of contract performance and the anticipated useful
commercial life of such plant or equipment. Useful commercial life,
for this purpose, means the commercial utility of the facilities
rather than the physical life thereof, the due consideration given to
such factors as location of facilities, specialized nature thereof,
and obsolescence.
(B) Consideration shall be given to the desirability of obtaining
an option to renew the contract for a reasonable period not to exceed
3 years, at prices not to include charges for plant, equipment, and
other nonrecurring costs, already amortized.
(C) Consideration shall be given to the desirability of reserving
in the Federal Aviation Administration the right, upon payment of the
unamortized portion of the cost of the plant or equipment, to take
title thereto under appropriate circumstances.
(4) Termination
In the event funds are not made available for the continuation of a
contract described in paragraph (1) into a subsequent fiscal year, the
contract shall be canceled or terminated, and the costs of cancellation or
termination may be paid from--
(A) appropriations originally available for the performance of the
contract concerned;
(B) appropriations currently available for procurement of the type
of services concerned, and not otherwise obligated; or
(C) funds appropriated for those payments.
(f) Multiyear property acquisition contracts
(1) In general
Notwithstanding section 1341(a)(1)(B) of title 31, United States Code,
to the extent that funds are otherwise available for obligation, the
Administrator may make multiyear contracts (other than contracts described
in paragraph (6)) for the purchase of property, whenever the Administrator
finds--
(A) that the use of such a contract will promote the safety or
efficiency of the National Airspace System and will result in reduced
total costs under the contract;
(B) that the minimum need for the property to be purchased is expected
to remain substantially unchanged during the contemplated contract period
in terms of production rate, procurement rate, and total quantities;
(C) that there is a reasonable expectation that throughout the
contemplated contract period the Administrator will request funding
for the contract at the level required to avoid contract cancellation;
(D) that there is a stable design for the property to be acquired
and that the technical risks associated with such property are not
excessive; and
(E) that the estimates of both the cost of the contract and the
anticipated cost avoidance through the use of a multiyear contract are
realistic.
(2) Regulations
(A) General rule
The Administrator shall issue regulations for acquisition of property
under this subsection to promote the use of multiyear contracting as
authorized by paragraph (1) in a manner that will allow the most
efficient use of multiyear contracting.
(B) Cancellation provisions
The regulations issued under this paragraph may provide for
cancellation provisions in multiyear contracts described in paragraph
(1) to the extent that such provisions are necessary and in the best
interests of the United States. Such cancellation provisions may include
consideration of both recurring and nonrecurring costs of the contractor
associated with the production of the items to be delivered under the
contract.
(C) Broadening industrial base
In order to broaden the aviation industrial base, the regulations
issued under this paragraph shall provide that, to the extent
practicable--
(i) multiyear contracting under paragraph (1) shall be used in
such a manner as to seek, retain, and promote the use under such
contracts of companies that are subcontractors, vendors, or
suppliers; and
(ii) upon accrual of any payment or other benefit under such a
multiyear contract to any subcontract, vendor, or supplier company
participating in such contractor, such payment or benefit shall be
delivered to such company in the most expeditious manner practicable.
(D) Protection of Federal interests
The regulations issued under this paragraph shall also provide that,
to the extent practicable, the administration of this subsection, and of
the regulations issued under this subsection, shall not be carried out
in a manner to preclude or curtail the existing ability of the Federal
Aviation Administration to--
(i) provide for competition in the production of items to be
delivered under such a contract; or
(ii) provide for termination of a prime contract the performance of
which is deficient with respect to cost, quality, or schedule.
(3) Special rule for contracts with high cancellation ceiling
Before any contract described in paragraph (1) that contains a clause
setting forth a cancellation ceiling in excess of $100,000,000 may be
awarded, the Administrator shall give written notification of the
proposed contract and of the proposed cancellation ceiling for that
contract to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Public Works and Transportation of the
House of Representatives, and such contract may not then be awarded
until the end of a period of 30 days beginning on the date of such
notification.
(4) Advance procurement
Contracts made under this subsection may be used for the advance
procurement of components, parts, and materials necessary to the
manufacture of equipment to be used in the National Airspace System, and
contracts may be made under this subsection for such advance procurement,
if feasible and practicable, in order to achieve economic-lot purchases
and more efficient production rates.
(5) Termination
In the event funds are not made available for the continuation of a
contract made under this subsection into a subsequent fiscal year, the
contract shall be canceled or terminated, and the costs of cancellation or
termination may be paid from--
(A) appropriations originally available for the performance of the
contract concerned;
(B) appropriations currently available for procurement of the type
of property concerned, and not otherwise obligated; or
(C) funds appropriated for those payments.
(6) Limitation on applicability
This subsection does not apply to contracts for the construction,
alteration, or major repair or improvements to real property or contracts
for the purchase of property to which section 111 of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 759) applies.
(7) Multiyear contract defined
For the purposes of this subsection, a multiyear contract is a contract
for the purchase of property or services for more than 1, but not more
than 5, fiscal years. Such a contract may provide that performance under
the contract during the second and subsequent years of the contract is
contingent upon the appropriation of funds and (if it does so provide) may
provide for a cancellation payment to be made to the contractor if such
appropriations are not made.
(8) Price options
The Administrator may incorporate into a proposed multiyear contract
negotiated priced options for varying the quantities of end items to be
procured over the period of the contract.
(g) Limited sources of procurement
The Administrator shall have the same authority as the Administrator would
have under section 2304(c)(1) of title 10 if the Federal Aviation
Administration were an agency listed under section 2303(a) of title 10.
(h) Contract tower program
The Administrator may enter into a contract, on a sole source basis, with
a State or political subdivision thereof for the purpose of permitting such
State or political subdivision to operate an airport traffic control tower
classified as a level I visual flight rules tower by the Administrator if the
Administrator determines that the State or political subdivision has the
capability to comply with the requirements of this subsection. Any such
contract shall require that the State or political subdivision comply with
all applicable safety regulations in its operation of the facility and with
applicable competition requirements in the subcontracting of any work to be
performed under the contract.
(Pub. L. 85-726, title III, Sec. 303, Aug. 23, 1958, 72 Stat. 747; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 91-258, title I,
Sec. 51(a)(1), May 21, 1970, 84 Stat. 234; Pub. L. 94-353, title I, Sec. 16,
July 12, 1976, 90 Stat. 882; Pub. L. 96-470, title I, Sec. 112(e), Oct. 19,
1980, 94 Stat. 2240; Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat.
2444; Pub. L. 101-508, title IX, Sec. 9118(a), Nov. 5, 1990, 104 Stat. 1388-
365; Pub. L. 102-581, title II, Sec. 201(a), Oct. 31, 1992, 106 Stat. 4889.)
References in Text
The Federal Property and Administrative Services Act of 1949, referred to
in subsec. (a)(2), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended.
For complete classification of this Act to the Code, see Short Title note
set out under section 471 of Title 40, Public Buildings, Property, and
Works, and Tables.
The Public Buildings Act of 1959, referred to in subsec. (b)(2), is Pub. L.
86-249, Sept. 9, 1959, 73 Stat. 479, as amended, which is classified
generally to chapter 12 (Sec. 601 et seq.) of Title 40, Public Buildings,
Property, and Works. For complete classification of this Act to the Code,
see Short Title note under section 601 of Title 40 and Tables.
Amendments
1992--Subsecs. (g), (h). Pub. L. 102-581 added subsecs. (g) and (h).
1990--Subsecs. (a)-(f). Pub. L. 101-508, Sec. 9118(a), amended section
generally by substituting subsecs. (a)-(f) relating to procurement authority
for subsec. (c) which related to acquisition and disposal of property
(subsecs. (a) and (b) had been repealed by Pub. L. 97-449, Sec. 7(b), see
1983 Amendment note below). Prior to amendment, subsec. (c) read as follows:
"The Secretary of Transportation, on behalf of the United States, is
authorized, where appropriate: (1) [Repealed. Pub. L. 97-449, Sec. 7(b), Jan.
12, 1983, 96 Stat. 2444]; (2) within the limits of available appropriations
made by the Congress therefor, to acquire by purchase, condemnation, lease,
or otherwise, real property or interests therein, including, in the case of
air navigation facilities (including airports) owned by the United States and
operated under the direction of the Secretary of Transportation, easements
through or other interests in airspace immediately adjacent thereto and
needed in connection therewith: Provided, That the authority herein granted
shall not include authority for the acquisition of space in buildings for use
by the Federal Aviation Administration, suitable accommodations for which
shall be provided by the Administrator of General Services, unless the
Administrator of General Services determines, pursuant to section 1(d) of
Reorganization Plan Numbered 18, 1950 (64 Stat. 1270), that the space to be
acquired is to be utilized for the special purposes of the Federal Aviation
Administration and is not generally suitable for the use of other agencies;
(3) for adequate compensation, by sale, lease, or otherwise, to dispose of
any real or personal property or interest therein: Provided, That, except for
airport and airway property and technical equipment used for the special
purposes of the Administration, such disposition shall be made in accordance
with the Federal Property and Administrative Services Act of 1949, as amended
[40 U.S.C. 471 et seq.]; and (4) to construct, improve, or renovate
laboratories and other test facilities and to purchase or otherwise acquire
real property required therefor. Any such acquisition by condemnation may be
made in accordance with the provisions of the Act of August 1, 1888 (40
U.S.C. 257; 25 Stat. 357), the Act of February 26, 1931 (40 U.S.C. 258a-258e;
46 Stat. 1421), or any other applicable Act: Provided, That in the case of
condemnations of easements through or other interests in airspace, in fixing
condemnation awards, consideration may be given to the reasonable probable
future use of the underlying land."
1983--Subsecs. (a), (b), (c)(1), (d), (e). Pub. L. 97-449 struck out
subsecs. (a), (b), (c)(1), (d), and (e), which provided, respectively, for
the expenditure of funds by the Secretary of Transportation, for supplies and
materials for overseas installations, for the acceptance of gifts and
donations of money or other property or services by the Secretary of
Transportation, for the delegation of functions of the Secretary of
Transportation to officers, employees, or administrative units under the
Secretary of Transportation's jurisdiction, and for the negotiation of
purchases and contracts. See section 1348(b) of this appendix and sections
322, 326, and 331 of Title 49, Transportation.
1980--Subsec. (e). Pub. L. 96-470 struck out provision requiring that the
Secretary, at the beginning of each fiscal year, report to the Committee on
Public Works and Transportation of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate all
transactions negotiated under this subsection during the preceding fiscal
year.
1976--Subsec. (e). Pub. L. 94-353 substituted "Public Works and
Transportation" for "Interstate and Foreign Commerce".
1970--Subsec. (e). Pub. L. 91-258 added subsec. (e).
Effective Date
Subsec. (a) of this section effective Aug. 23, 1958, see section 1505(1) of
Pub. L. 85-726, set out as a note under section 1301 of this Appendix.
Subsecs. (b) to (d) of this section effective on the 60th day following the
date on which the Administrator of the Federal Aviation Agency [now the
Federal Aviation Administrator] first appointed under this chapter qualified
and took office [Oct. 31, 1958], see section 1505(2) of Pub. L. 85-726, set
out as a note under section 1301 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted in subsec. (c), for
"Administrator" (meaning Administrator of the Federal Aviation Agency)
pursuant to section 6(c)(1) of Pub. L. 89-670, which transferred all
functions, powers, and duties of the Federal Aviation Agency and the
Administrator thereof under this section to the Secretary of Transportation.
See section 106 of Title 49, Transportation.
"Federal Aviation Administration" and "Administration" were substituted in
subsec. (c), for "Federal Aviation Agency" and "Agency", respectively,
pursuant to sections 3(e) and 6(c)(1) of Pub. L. 89-670, which transferred
all functions, powers, and duties of the Federal Aviation Agency and of the
Administrator and other offices and officers thereof to the Secretary of
Transportation and established a Federal Aviation Administration in the
Department of Transportation. See section 106 of Title 49.
Sec. 1345. Presidential authority to transfer certain functions
The President may transfer to the Secretary of Transportation any functions
(including powers, duties, activities, facilities, and parts of functions) of
the executive departments or agencies of the Government or of any officer or
organizational entity thereof which relate primarily to selecting,
developing, testing, evaluating, establishing, operating and maintaining
systems, procedures, facilities, or devices for safe and efficient air
navigation and air traffic control. In connection with any such transfer, the
President may provide for appropriate transfers of recrods, property, and for
necessary civilian and military personnel to be made available from the other
office, department, or other agency from which the transfer is made.
(Pub. L. 85-726, title III, Sec. 304, Aug. 23, 1958, 72 Stat. 749; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Effective Date
Section effective Aug. 23, 1958, see section 1505(1) of Pub. L. 85-726, set
out as a note under section 1301 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Administrator of the Federal Aviation Agency) pursuant to section 6(c)(1) of
Pub. L. 89-670, which transferred all functions, powers, and duties of the
Federal Aviation Agency and the Administrator thereof under this section to
the Secretary of Transportation. See section 106 of Title 49, Transportation.
Ex. Ord. No. 10786. Transfer of Functions of the Airways Modernization Board
to the Administrator
Ex. Ord. No. 10786, Nov. 1, 1958, 23 F.R. 8573, provided:
Section 1. All functions (including powers, duties, activities, and parts
of functions) of the Airways Modernization Board, including those of the
Chairman thereof, are hereby transferred to the Administrator of the Federal
Aviation Agency; and all records, property, facilities, employees, and
unexpended balances of appropriations, allocations, and other funds of the
Airways Modernization Board, are hereby transferred to the Federal Aviation
Agency [now Federal Aviation Administration].
Sec. 2. Such further measures and dispositions, if any, as the Director of
the Bureau of the Budget [now the Office of Management and Budget] shall
determine to be necessary in connection with the transfers provided for
hereinabove in respect of records, property, facilities, employees, and
balances shall be carried out in such manner as he shall direct and by such
agencies as he shall designate.
Sec. 3. The provisions of this order shall become effective concurrently
with the entering upon office as Administrator of the Federal Aviation Agency
[now Federal Aviation Administration] of the first person appointed as
Administrator. The functions transferred by section 1 hereof may be performed
by the Administrator until the effective date of the repeal [Aug. 23, 1958]
of the Airways Modernization Act of 1957 [section 1211 et seq. of this
Appendix] effected by section 1401(d) of the Federal Aviation Act of 1958.
Dwight D. Eisenhower.
Ex. Ord. No. 10797. Delegation of authority to the Director of the Office of
Management and Budget
Ex. Ord. No. 10797, Dec. 24, 1958, 23 F.R. 10391, provided:
Section 1. There is hereby delegated to the Director of the Bureau of the
Budget [now the Office of Management and Budget] all authority vested in the
President by the last sentence of section 304 [this section], and by sections
1502(a) and 1502(b) [set out as a note under section 1341 of this Appendix],
of the Federal Aviation Act of 1958 (72 Stat. 749, 810), relating,
respectively, (1) to providing in connection with transfers of functions made
under other provisions of section 304 [this section], (i) for appropriate
transfers of records and property, and (ii) for necessary civilian and
military personnel to be made available from any office, department, or other
agency from which transfers of functions are so made; (2) to determining the
employees and property (including office equipment and official equipment and
official records) employed by the Civil Aeronautics Board in the exercise and
performance of those powers and duties which are vested in and imposed upon
it by the Civil Aeronautics Act of 1938, as amended [see section 401 et seq.
of this Appendix], and which are vested by the Federal Aviation Act of 1958
[this chapter] in the Federal Aviation Agency, and to specifying the date or
dates upon which the transfers of officers, employees, and property
(including office equipment and official records) under section 1502(a) [set
out as a note under section 1341 of this Appendix] shall occur; and (3)
specifying the date or dates upon which transfers of unexpended balances of
appropriations under section 1502(b) [set out as a note under section 1341 of
this Appendix] shall occur. Such further measures and dispositions as the
Director of the Bureau of the Budget [now the Office of Management and
Budget] shall determine to be necessary in connection with the exercise of
the authority delegated to him by this section shall be carried out in such
manner as he shall direct and by such agencies as he shall designate.
Sec. 2. Executive Order No. 10731 of October 10, 1957, delegating to the
Director of the Bureau of the Budget [now the Office of Management and
Budget] the authority vested in the President by a certain provision of the
Airways Modernization Act of 1957 [section 1211 et seq. of this Appendix], is
hereby revoked, such revocation to become effective on the date the repeal of
that act takes effect under sections 1401(d) [see note under sections 1211 to
1215 of this Appendix] and 1505(2) [set out as a note under section 1301 of
this Appendix] of the Federal Aviation Act of 1958 (72 Stat. 806, 811).
Sec. 3. Except as otherwise provided in section 2 hereof, the provisions of
this order shall become effective immediately.
Dwight D. Eisenhower.
Ex. Ord. No. 11047. Delegation of Authority to Secretary of Defense and
Administrator
Ex. Ord. No. 11047, Aug. 28, 1962, 27 F.R. 8665, as amended by Ex. Ord.
No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By the virtue of the authority vested in me by section 301 of title 3 of
the United States Code, and as President of the United States, it is ordered
as follows:
Section 1. The Secretary of Defense and the Administrator of the Federal
Aviation Administration are hereby designated and empowered to exercise
jointly, without the approval, ratification, or other action of the
President, the authority vested in the President by the first sentence of
section 304 of the Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C.
1345 (first sentence)) [this section] to transfer functions (including, as
used in this order, powers, duties, activities, facilities, and parts of
functions) as described in that sentence to the extent that the said
authority is in respect of transfers from the Department of Defense or any
officer or organizational entity thereof to the Administrator of the Federal
Aviation Administration of functions relating to flight inspection of air
navigation facilities.
Sec. 2. The Administrator and the Secretary shall exercise the authority
hereinabove delegated to them only as they shall deem such exercise to be
necessary or desirable in the interest of promoting, in respect of either
civil or military aviation or both, safe and efficient air navigation and air
traffic control.
Sec. 3. (a) To the extent necessitated by transfers of functions effected
under the provisions of Section 1 of this order:
(1) Transfers of balances of appropriations available and necessary to
finance and discharge the transferred functions shall be made under the
authority of Section 202(b) of the Budget and Accounting Procedures Act of
1950 (31 U.S.C. 581c(b) [31 U.S.C. 1531]) as affected by the provisions of
section 1(k) of Executive Order No. 10530 of May 10, 1954 [set out as a note
under section 301 of Title 3, The President].
(2) Provisions for appropriate transfers of records and property shall be
made under the authority of the last sentence of Section 304 of the Federal
Aviation Act of 1958 [this section] as affected by the provisions of Section
1 of Executive Order No. 10797 of December 24, 1958 [set out as a note
above].
(b) Neither this order nor the said Executive Order No. 10797 shall be
deemed to require or authorize the transfer of any civilian or military
personnel from the Department of Defense to the Federal Aviation
Administration under authority of the said Section 304 [this section], in
connection with transfers of functions effected under the provisions of
Section 1 of this order.
Sec. 4. (a) In order to facilitate the orderly and timely accomplishment of
the transfers and other arrangements mentioned in Section 3(a) of this order,
the Secretary of Defense and the Administrator of the Federal Aviation
Administration shall transmit to the Director of the Bureau of the Budget,
not less than 30 days prior to the execution by them of any order or other
transfer instrument in pursuance of the provisions of Section 1 of this
order, all appropriate information in respect to any transfers or other
arrangements proposed to be made in connection therewith under the
provisions of Section 3 hereof, together with copy of the order or other
transfer instrument proposed to be executed by them.
(b) In connection with any particular action or actions under Section 1 of
this order, the Director of the Bureau of the Budget [now Office of
Management and Budget] may either waive the requirements of Section 4(a),
above, or reduce the 30 day period there prescribed.
John F. Kennedy.
Sec. 1346. Fostering of civil aeronautics and air commerce
The Secretary of Transportation is empowered and directed to encourage and
foster the development of civil aeronautics and air commerce in the United
States and abroad.
(Pub. L. 85-726, title III, Sec. 305, Aug. 23, 1958, 72 Stat. 749; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Effective Date
Section effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualified and took office
[Oct. 31, 1958], see section 1505(2) of Pub. L. 85-726, set out as a note
under section 1301 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Administrator of the Federal Aviation Agency) pursuant to section 6(c)(1) of
Pub. L. 89-670, which transferred all functions, powers, and duties of the
Federal Aviation Agency and the Administrator thereof under this section to
the Secretary of Transportation. See section 106 of Title 49, Transportation.
Sec. 1346a. Civil aviation information distribution program
In furtherance of his mandate to promote civil aviation, the Secretary of
Transportation acting through the Administrator of the Federal Aviation
Administration shall take such action as he may deem necessary, within
available resources, to establish a civil aviation information distribution
program within each region of the Federal Aviation Administration. Such
program shall be designed so as to provide State and local school
administrators, college and university officials, and officers of civil and
other interested organizations, upon request, with informational materials
and expertise on various aspects of civil aviation.
(Pub. L. 94-353, title I, Sec. 21, July 12, 1976, 90 Stat. 884.)
Codification
Section was enacted as part of the Airport and Airway Development Act
Amendments of 1976, and not as part of the Federal Aviation Act of 1958 which
comprises this chapter.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
Sec. 1347. National defense and civil needs
In exercising the authority granted in, and discharging the duties imposed
by, this chapter, the Secretary of Transportation shall give full
consideration to the requirements of national defense, and of commercial and
general aviation, and to the public right of freedom of transit through the
navigable airspace.
(Pub. L. 85-726, title III, Sec. 306, Aug. 23, 1958, 72 Stat. 749; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal
Aviation Act of 1958. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this Appendix and Tables.
Effective Date
Section effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualified and took office
[Oct. 31, 1958], see section 1505(2) of Pub. L. 85-726, set out as a note
under section 1301 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this section to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Sec. 1348. Airspace control and facilities
(a) Use of airspace
The Secretary of Transportation is authorized and directed to develop plans
for and formulate policy with respect to the use of the navigable airspace;
and assign by rule, regulation, or order the use of the navigable airspace
under such terms, conditions, and limitations as he may deem necessary in
order to insure the safety of aircraft and the efficient utilization of such
airspace. He may modify or revoke such assignment when required in the public
interest.
(b) Air navigation facilities; performance of functions by Federal department
or agency
The Secretary of Transportation is authorized, within the limits of
available appropriations made by the Congress, (1) to acquire, establish, and
improve air-navigation facilities wherever necessary; (2) to operate and
maintain such air-navigation facilities; (3) to arrange for publication of
aeronautical maps and charts necessary for the safe and efficient movement of
aircraft in air navigation utilizing the facilities and assistance of
existing agencies of the Government so far as practicable; and (4) to provide
necessary facilities and personnel for the regulation and protection of air
traffic. The Secretary may, subject to such regulations, supervision, and
review as he may prescribe, from time to time make such provision as he shall
deem appropriate authorizing the performance by a Federal department or
agency, with the consent of the department or agency, of any function under
this subsection. In carrying out clause (3), the Administrator shall update
and arrange for publication of clearly defined routes for navigating through
a complex terminal airspace area, and to and from an airport located within
such an area, where the Administrator determines that publication of such
routes would promote safety in air navigation. Such routes shall be for the
optional use of pilots operating under visual flight rules and shall be
developed in consultation with pilots and other users of affected airports.
(c) Air traffic rules
The Secretary of Transportation is further authorized and directed to
prescribe air traffic rules and regulations governing the flight of aircraft,
for the navigation, protection, and identification of aircraft, for the
protection of persons and property on the ground, and for the efficient
utilization of the navigable airspace, including rules as to safe altitudes
of flight and rules for the prevention of collision between aircraft, between
aircraft and land or water vehicles, and between aircraft and airborne
objects.
(d) Applicability of administrative procedure provisions
In the exercise of the rulemaking authority under subsections (a) and (c)
of this section, the Secretary of Transportation shall be subject to the
provisions of subchapter II of chapter 5 of title 5, notwithstanding any
exception relating to military or naval functions in section 553 of title 5.
(e) Exemptions
The Secretary of Transportation from time to time may grant exemptions from
the requirements of any rule or regulation prescribed under this subchapter
if he finds that such action would be in the public interest.
(f) Exception for military emergencies
When it is essential to the defense of the United States because of a
military emergency or urgent military necessity, and when appropriate
military authority so determines, and when prior notice thereof is given to
the Secretary of Transportation, such military authority may authorize
deviation by military aircraft of the national defense forces of the United
States from air traffic rules issued pursuant to this subchapter. Such prior
notice shall be given to the Secretary of Transportation at the earliest time
practicable and, to the extent time and circumstances permit, every
reasonable effort shall be made to consult fully with the Secretary of
Transportation and to arrange in advance for the required deviation from the
rules on a mutually acceptable basis.
(Pub. L. 85-726, title III, Sec. 307, Aug. 23, 1958, 72 Stat. 749; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 97-449, Sec. 4(c),
Jan. 12, 1983, 96 Stat. 2442; Pub. L. 102-581, title I, Sec. 125, Oct. 31,
1992, 106 Stat. 4885.)
Codification
In subsec. (d), "subchapter II of chapter 5 of title 5" and "section 553 of
title 5" were substituted for "the Administrative Procedure Act" and "section
4 thereof", respectively, on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6,
1966, 80 Stat. 631, the first section of which enacted Title 5, Government
Organization and Employees.
Amendments
1992--Subsec. (b). Pub. L. 102-581 added provisions at the endrelating to
visual flight rule routes for complex terminal airspace areas.
1983--Subsec. (b). Pub. L. 97-449 added provision that the Secretary may
authorize performance by a Federal agency or department of any function under
this subsection.
Effective Date
Section effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualified and took office
[Oct. 31, 1958], see section 1505(2) of Pub. L. 85-726, set out as a note
under section 1301 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted in text for "Administrator"
(meaning Federal Aviation Administrator) on authority of section 6(c)(1) of
Pub. L. 89-670, in view of the transfer of all functions, powers, and duties
of the Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
finds that such phaseout or elimination is consistent with aviation
safety."
Air Traffic Controller Staffing
Section 120 of Pub. L. 102-581 provided that: "The Administrator of the
Federal Aviation Administration shall develop and submit annually to the
Committee on Public Works and Transportation of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the Senate a
report containing the staffing standards used to determine the number of air
traffic controllers needed to operate the air traffic control system of the
United States, a 3-year projection of the number of air traffic controllers
needed to be employed to operate such system to meet such standards, and a
detailed plan for employing such controllers, including projected budget
requests."
Auxiliary Flight Service Station Program
Pub. L. 101-516, title III, Sec. 330(a), Nov. 5, 1990, 104 Stat. 2184,
provided that: "The Administrator of the Federal Aviation Administration
shall develop and implement a system of manned auxiliary flight service
stations. The auxiliary flight service stations shall supplement the
services of the planned consolidation to 61 automated flight service
stations under the flight service station modernization program. Auxiliary
flight service stations shall be located in areas of unique weather or
operational conditions which are critical to the safety of flight. Not later
than 180 days after the date of enactment of this Act [Nov. 5, 1990], the
Administrator of the Federal Aviation Administration shall report to
Congress with the plan and schedule for implementation of this section."
Pub. L. 101-508, title IX, Sec. 9115, Nov. 5, 1990, 104 Stat. 1388-364,
provided that:
"(a) General Rule.--The Secretary of Transportation shall develop and
implement a system of manned auxiliary flight service stations. The auxiliary
flight service stations shall supplement the services of the planned
consolidation to 61 automated flight service stations under the flight
service station modernization program. Auxiliary flight service stations
shall be located in areas of unique weather or operational conditions which
are critical to the safety of flight.
"(b) Report to Congress.--Not later than 180 days after the date of the
enactment of this Act [Nov. 5, 1990], the Secretary of Transportation shall
report to Congress with the plan and schedule for implementation of this
section."
Sense of Congress: Phaseout of Certain Regulations
Pub. L. 100-223, title I, Sec. 102(d), Dec. 30, 1987, 101 Stat. 1488,
provided that: "It is the sense of Congress that any regulation under which
the Administrator limits the number of instrument flight rule takeoffs and
landings of aircraft at certain airports should be phased out and eliminated
at the earliest practicable date the Administrator finds that such phaseout
or elimination is consistent with aviation safety."
Air Traffic Controller Workforce
Pub. L. 101-164, title III, Sec. 324, Nov. 21, 1989, 103 Stat. 1095,
provided that:
"(a) The Federal Aviation Administration shall satisfy the
following air traffic controller work force staffing requirements by
September 30, 1990:
"(1) total air traffic controller work force level of not less than
17,495;
"(2) total full performance level air traffic controllers of not less
than 12,725; and
"(3) at least 70 percent of the air traffic controller work force, at
each center and level 3 and above terminal shall have achieved
operational controller status.
"(b) The Secretary may waive any requirement of this section by certifying
that such requirement would adversely affect aviation safety: Provided, That
such a waiver shall become effective 30 days after the Committees on
Appropriations of the Senate and the House of Representatives are notified in
writing of the Secretary's intention to waive and reasons for waiving such
requirement."
Similar provisions were contained in the following prior appropriation
acts:
Pub. L. 100-457, title III, Sec. 332, Sept. 30, 1988, 102 Stat. 2153.
Pub. L. 100-223, title III, Sec. 302, Dec. 30, 1987, 101 Stat. 1524.
Pub. L. 100-202, Sec. 101(l) [title III, Sec. 320], Dec. 22, 1987,
101 Stat. 1329-358, 1329-381.
Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title III, Sec. 331], Oct.
18, 1986, 100 Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l)
[H.R. 5205, title III, Sec. 331], Oct. 30, 1986, 100 Stat. 3341-308.
Standards for Navigational Aids
Pub. L. 100-223, title III, Sec. 308, Dec. 30, 1987, 101 Stat. 1526,
provided that: "Not later than December 31, 1988, the Secretary shall
promulgate regulations to establish criteria for the installation of airport
control towers and other navigational aids. For each type of facility, the
regulations shall, at a minimum, consider traffic density (number of
aircraft operations without consideration of aircraft size), terrain and
other obstacles to navigation, weather characteristics, passengers served,
and potential aircraft operating efficiencies."
Radio Navigation Systems
Pub. L. 100-223, title III, Sec. 310, Dec. 30, 1987, 101 Stat. 1527,
provided that:
"(a) Synchronization.--
"(1) Loran-C Master Transmitters.--Not later than September 30, 1989,
the Secretary shall take such action as may be necessary to synchronize
all loran-C master transmitters located in the United States and all
loran-C master transmitters subject to the jurisdiction of the United
States. Each such master transmitter shall be synchronized to within
approximately 100 nanoseconds of universal time.
"(2) Other Loran-C Transmitters.--
"(A) Impact study.--The Secretary shall conduct a study of the
impact on users of loran-C transmitted signals of synchronizing time
of signal transmissions among all secondary loran-C transmitters in
the United States in accordance with the standard set forth in the
second sentence of paragraph (1).
"(B) Report.--Not later than September 30, 1989, the Secretary
shall transmit to Congress a report on the results of the study
conducted under subparagraph (A).
"(3) Authorization.--There shall be available for carrying out this
subsection from the Airport and Airway Trust Fund $750,000 for fiscal
year 1988 and $500,000 for fiscal year 1989. Such funds shall remain
available until expended.
"(b) Interoperability of Radio Navigation Systems.--
"(1) Study.--The Secretary shall study and evaluate methods of
coordinating the time references of the loran-C transmitter system and
the global positioning satellite system to within approximately 30
nanoseconds of each other for the purpose of making possible the
interchange of positioning data between the 2 systems.
"(2) Report.--Not later than September 30, 1989, the Secretary shall
transmit to Congress a report on the results of the study conducted
under paragraph (1).
"(3) Authorization.--There shall be available for carrying out this
subsection from the Airport and Airway Trust Fund $500,000 for fiscal
year 1988. Such funds shall remain available until expended.
"(c) Development of Minimum Standards.--Not later than September 30, 1989,
the Administrator shall establish by regulation minimum standards under
which a radio navigation system may be certified as the sole radio
navigation system required in an aircraft for operation in airspace of the
United States."
Collision Avoidance Systems; Report to Congress
Pub. L. 96-193, title IV, Sec. 401, Feb. 18, 1980, 94 Stat. 57, provided
that: "Not later than 90 days after the date of enactment of this Act [Feb.
18, 1980], and each January 31 thereafter, until implementation of collision
avoidance systems in the national air traffic control system, the Secretary
of Transportation shall submit to the Congress a report on the status of the
development of such systems. Such reports shall set forth proposed timetables
for the implementation of such systems. The Secretary of Transportation's
report shall include proposals for any legislation needed to implement such
systems."
Flight Service Stations; Closures or Remote Control Operation
Pub. L. 94-353, title I, Sec. 22, July 12, 1976, 90 Stat. 884, provided
that for the three year period beginning on July 12, 1976, the Secretary of
Transportation, except for specified conditions, not close or operate by
remote control any existing flight service station operated by the Federal
Aviation Administration, and authorized separation, relocation, etc., of
certain facilities if service could be provided to airmen without
interruption.
Cross References
National security to be considered in exercise of powers under subsec. (a)
of this section, see section 1522 of this Appendix.
Sec. 1348a. Collegiate Training Initiative
(a) The Administrator of the Federal Aviation Administration may continue
the Collegiate Training Initiative program, by entering into new agreements,
and by maintaining existing agreements, with post-secondary educational
institutions, as defined by the Administrator, whereby such institutions
prepare students for the position of air traffic controller with the
Department of Transportation, as defined in section 2109 of title 5.
(b) The Administrator may establish standards for the entry of institutions
into such program and for their continued participation in it.
(c) The Administrator may appoint persons who have successfully completed
a course of training in such program to the position of air traffic
controller noncompetitively in the excepted service, as defined in section
2103 of title 5. Persons so appointed shall serve at the pleasure of the
Administrator, subject to section 7511 of title 5 (pertaining to adverse
actions). However, an appointment under this subsection may be converted
from one in the excepted service to a career conditional or career
appointment in the competitive civil service, as defined in section 2102 of
title 5, when the incumbent achieves full performance level air traffic
controller status, as determined by the Administrator. The authority
conferred by this subsection to make new appointments in the excepted
service shall expire at the end of five years from October 6, 1992, except
that the Administrator may determine to extend such authority for one or
more successive one-year periods thereafter.
(Pub. L. 102-388, title III, Sec. 362, Oct. 6, 1992, 106 Stat. 1560.)
Codification
Section was enacted as part of the Department of Transportation and Related
Agencies Appropriations Act, 1993, and not as part of the Federal Aviation
Act of 1958 which comprises this chapter.
Sec. 1349. Expenditure of Federal funds for certain airports and air
navigation facilities; location of airports, landing areas, and missile
and rocket sites
(a) No Federal funds, other than those expended under this chapter, shall
be expended, other than for military purposes (whether or not in cooperation
with State or other local governmental agencies), for the acquisition,
establishment, construction, alteration, repair, maintenance, or operation of
any landing area, or for the acquisition, establishment, construction,
maintenance, or operation of air navigation facilities thereon, except upon
written recommendation and certification by the Secretary of Transportation
that such landing area or facility is reasonably necessary for use in air
commerce or in the interests of national defense. Any interested person may
apply to the Secretary of Transportation, under regulations prescribed by
him, for such recommendation and certification with respect to any landing
area or air navigation facility proposed to be established, constructed,
altered, repaired, maintained, or operated by, or in the interests of, such
person. There shall be no exclusive right for the use of any landing area or
air navigation facility upon which Federal funds have been expended. For
purposes of the preceding sentence, the providing of services at an airport
by a single fixed-based operator shall not be construed as an exclusive right
if it would be unreasonably costly, burdensome, or impractical for more than
one fixed-based operator to provide such services, and if allowing more than
one fixed-based operator to provide such services would require the reduction
of space leased pursuant to an existing agreement between such single fixed-
based operator and such airport.
(b) In order to assure conformity to plans and policies for allocations of
airspace by the Secretary of Transportation under section 1348 of this
Appendix, no military airport or landing area, or missile or rocket site
shall be acquired, established, or constructed, or any runway layout
substantially altered, unless reasonable prior notice thereof is given the
Secretary of Transportation so that he may advise with the appropriate
committees of the Congress and other interested agencies as to the effects of
such acquisition, establishment, construction, or alteration on the use of
airspace by aircraft. In case of a disagreement between the Secretary of
Transportation and the Department of Defense or the National Aeronautics and
Space Administration the matter may be appealed to the President for final
determination.
(Pub. L. 85-726, title III, Sec. 308, Aug. 23, 1958, 72 Stat. 750; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 97-248, title V,
Sec. 524(a)(1), Sept. 3, 1982, 96 Stat. 695.)
Amendments
1982--Subsec. (a). Pub. L. 97-248 inserted provision specifying conditions
under which the providing of services at an airport by a single fixed-based
operator are not to be construed as an exclusive right.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of
Pub. L. 97-248, set out as an Effective Date note under section 2201 of this
Appendix.
Effective Date
Section effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualified and took office
[Oct. 31, 1958], see section 1505(2) of Pub. L. 85-726, set out as a note
under section 1301 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted in text for "Administrator"
(meaning Federal Aviation Administrator) on authority of section 6(c)(1) of
Pub. L. 89-670, in view of the transfer of all functions, powers, and duties
of the Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this section to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Sec. 1350. Establishment or construction of airports and landing areas not
involving expenditure of Federal funds
In order to assure conformity to plans and policies for, and allocations
of, airspace by the Secretary of Transportation under section 1348 of this
Appendix, no airport or landing area not involving expenditure of Federal
funds shall be established, or constructed, or any runway layout
substantially altered unless reasonable prior notice thereof is given the
Secretary of Transportation, pursuant to regulations prescribed by him, so
that he may advise as to the effects of such construction on the use of
airspace by aircraft.
(Pub. L. 85-726, title III, Sec. 309, Aug. 23, 1958, 72 Stat. 751; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Effective Date
Section effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualified and took office
[Oct. 31, 1958], see section 1505(2) of Pub. L. 85-726, set out as a note
under section 1301 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this section to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Sec. 1351. Meteorological service
The Secretary of Transportation is empowered and directed to make
recommendations to the Secretary of Commerce for providing meteorological
service necessary for the safe and efficient movement of aircraft in air
commerce. In providing meteorological services, the Secretary of Commerce
shall cooperate with the Secretary of Transportation and give full
consideration to such recommendations.
(Pub. L. 85-726, title III, Sec. 310, Aug. 23, 1958, 72 Stat. 751; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Effective Date
Section effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualified and took office
[Oct. 31, 1958], see section 1505(2) of Pub. L. 85-726, set out as a note
under section 1301 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Administrator of the Federal Aviation Agency) pursuant to section 6(c)(1) of
Pub. L. 89-670, which transferred all functions, powers, and duties of the
Federal Aviation Agency and the Administrator thereof under this section to
the Secretary of Transportation. See section 106 of Title 49, Transportation.
Sec. 1352. Repealed. Pub. L. 97-449, Sec. 7(b), Jan. 12, 1983, 96 Stat. 2444
Section, Pub. L. 85-726, title III, Sec. 311, Aug. 23, 1958, 72 Stat. 751;
Pub. L. 89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937, set forth
provisions relating to collection and dissemination of information. See
section 329 of Title 49, Transportation.
Sec. 1353. Development planning
(a) Use of navigable airspace; location of landing areas, Federal airways,
radar installations, and air navigation facilities
The Secretary of Transportation is directed to make long range plans for
and formulate policy with respect to the orderly development and use of the
navigable airspace, and the orderly development and location of landing
areas, Federal airways, radar installations and all other aids and facilities
for air navigation, as will best meet the needs of, and serve the interest of
civil aeronautics and national defense, except for those needs of military
agencies which are peculiar to air warfare and primarily of military concern.
(b) Aircraft, aircraft engines, propellers, and appliances
The Secretary of Transportation is empowered to undertake or supervise such
developmental work and service testing as tends to the creation of improved
aircraft, aircraft engines, propellers, and appliances. The Administrator
shall undertake or supervise research to develop technologies and to conduct
data analyses for predicting the effects of aircraft design, maintenance,
testing , wear, and fatigue on the life of aircraft and on air safety, to
develop methods of analyzing and improving aircraft maintenance technology
and practices (including nondestructive evaluation of aircraft structures),
to assess the fire and smoke resistance of aircraft materials, to develop
improved fire and smoke resistant materials for aircraft interiors, to
develop and improve fire and smoke containment systems for in-flight
aircraft fires, to develop technologies and methods to assess the risk of
and prevent defects, failures, and malfunctions of products, parts,
processes, and articles manufactured for use in aircraft, aircraft engines,
propellers, and appliances which could result in a catastrophic failure of
an aircraft, and to develop advanced aircraft fuels with low flammability
and technologies for containment of aircraft fuels for the purpose of
minimizing post-crash fire hazards. For such purpose, the Secretary of
Transportation is empowered to make purchases (including exchange) by
negotiation, or otherwise, of experimental aircraft, aircraft engines,
propellers, and appliances, which seem to offer special advantages to
aeronautics.
(c) Research and development
The Secretary of Transportation shall develop, modify, test, and evaluate
systems, procedures, facilities, and devices, as well as define the
performance characteristics thereof, to meet the needs for safe and efficient
navigation and traffic control of all civil and military aviation except for
those needs of military agencies which are peculiar to air warfare and
primarily of military concern, and select such systems, procedures,
facilities, and devices as will best serve such needs and will promote
maximum coordination of air traffic control and air defense systems. The
Administrator shall undertake or supervise research to develop a better
understanding of the relationship between human factors and aviation
accidents and between human factors and air safety, to enhance air traffic
controller and mechanic and flight crew performance, to develop a
human-factor analysis of the hazards associated with new technologies to be
used by air traffic controllers, mechanics, and flight crews, and to
identify innovative and effective corrective measures for human errors which
adversely affect air safety. The Administrator shall undertake or supervise
a research program to develop dynamic simulation models of the air traffic
control system and airport design and operating procedures which will
provide analytical technology for predicting airport and air traffic control
safety and capacity problems, for evaluating planned research projects, and
for testing proposed revisions in airport and air traffic control operations
programs. Contracts may be entered into for this purpose without regard to
section 3324(a) and (b) of title 31. The Administrator shall undertake or
supervise research programs concerning airspace and airport planning and
design, airport capacity enhancement techniques, human performance in the
air transportation environment, aviation safety and security, the supply of
trained air transportation personnel including pilots and mechanics, and
other aviation issues pertinent to developing and maintaining a safe and
efficient air transportation system. When there is any substantial question
as to whether a matter is of primary concern to the military, the Secretary
of Transportation is authorized and directed to determine whether he or the
appropriate military agency shall have responsibility. Technical information
concerning any research and development projects of the military agencies
which have potential application to the needs of, or possible conflict with,
the common system shall be furnished to the Secretary of Transportation to
the maximum extent necessary to insure that common system application
potential is properly considered and potential future conflicts with the
common system are eliminated.
(d) Research plan and reports
(1) The Administrator shall prepare, review, revise, publish, and
transmit a national aviation research plan to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives not later than the
date of the submission to Congress of the President's budget for fiscal
year 1990, and for each fiscal year thereafter. The plan shall describe,
for a 15-year period, the research, engineering, and development
considered by the Administrator necessary to ensure the continued
capacity, safety, and efficiency of aviation in the United States,
considering emerging technologies and forecasted needs of civil
aeronautics, and provide the highest degree of safety in air travel. The
plan shall cover all research conducted under this section and section
1357 of this Appendix and shall identify complementary and coordinated
research efforts conducted by the National Aeronautics and Space
Administration with funds specifically appropriated to such Administration.
In addition, for projects for which the Administrator anticipates requesting
funding, such plan shall set forth--
(A) for the first 2 years the plan, detailed annual estimates of the
schedule, cost, and manpower levels for each research project,
including a description of the scope and content of each major
contract, grant, or interagency agreement;
(B) for the 3d, 4th, and 5th years of the plan, estimates of the
total cost of each major project for such years and any additional
major research projects which may be required to meet long-term
objectives and which may have significant impact on future funding
requirements;
(C) for the 6th and subsequent years of the plan, the long-term
objectives which the Administrator considers to be necessary to ensure
that aviation safety will be given the highest priority; and
(D) details of a program to disseminate to the private sector the
results of aviation research conducted by the Administrator, including
any new technologies developed.
(2) Subject to section 1357(d)(2) of this Appendix and the regulations
prescribed to carry out such section, the Administrator shall report
annually, beginning with the date of transmission of the first aviation
research plan as required by paragraph (1), to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives on the
accomplishments of the research completed during the preceding fiscal
year. The report shall be transmitted together with each plan
transmittal required under paragraph (1) and shall be organized so as to
allow comparison with the plan in effect for such year under this
subsection.
(e) Civil aeromedical research
The Civil Aeromedical Institute established by section 106(j) of title
49, United States Code, is authorized--
(1) to conduct civil aeromedical research, including, but not limited to,
research related to--
(A) protection and survival of aircraft occupants;
(B) medical accident investigation and airman medical certification;
(C) toxicology and the effects of drugs on human performance;
(D) the impact of disease and disability on human performance;
(E) vision and its relationship to human performance and equipment design;
(F) human factors of flight crews, air traffic controllers, mechanics,
inspectors, airway facility technicians, and other persons involved in the
operation and maintenance of aircraft and air traffic control equipment;
and
(G) agency work force optimization, including training, equipment design,
reduction of errors, and identification of candidate tasks for automation;
(2) to make comments to the Administrator on human factors aspects of
proposed air safety rules;
(3) to make comments to the Administrator on human factors aspects of
proposed training programs, equipment requirements, standards, and
procedures for aviation personnel;
(4) to advise, assist, and represent the Federal Aviation Administration in
the human factors aspects of joint projects between such Administration and
the National Aeronautics and Space Administration, other Government agencies,
industry, and foreign governments; and
(5) to provide medical consultation services to the Administrator with
respect to medical certification of airmen.
(f) Research advisory committee
(1) Not later than 180 days after the date of the enactment of this
subsection, the Administrator shall establish in the Federal Aviation
Administration a research advisory committee.
(2) The advisory committee shall provide advice and recommendations to the
Administrator regarding needs, objectives, plans, approaches, content, and
accomplishments with respect to the aviation research program carried out
under this section and section 1357 of this Appendix. The committee shall
also assist in assuring that such research is coordinated with similar
research being conducted outside of the Federal Aviation Administration. In
addition, the committee shall review the research and training to be carried
out by the regional centers of air transportation excellence established
under subsection (h) of this section.
(3) The advisory committee shall be composed of not more than 30 members
appointed by the Administrator from among persons who are not employees
of the Federal Aviation Administration and who are specially qualified
to serve on the committee by virtue of their education, training, or
experience. The Administrator in appointing the members of the committee
shall ensure that the research centers of air transportation excellence,
universities, corporations, associations, consumers, and other
Government agencies are represented.
(4) The chairman of the advisory committee shall be designated by the
Administrator.
(5) Members of the advisory committee shall serve without pay; except
that the Administrator may allow any member, while attending meetings of
the advisory committee or a subordinate committee, travel or
transportation expenses in accordance with section 5703 of title 5,
United States Code.
(6) The Administrator shall provide support staff for the advisory
committee. The Administrator may establish subordinate committees to the
advisory committee to provide advice on specific areas of research
conducted under this section and section 1357 of this Appendix.
(7) Upon request of the advisory committee, the Administrator shall
provide such information, administrative services, and supplies as the
Administrator determines are necessary for the advisory committee to
carry out its functions.
(8) Title 5 Appendix shall not apply to the advisory committee established
under this subsection.
(9)(A) Not more than one-tenth of 1 percent of the funds made available
to carry out research under this section and section 1357 of this Appendix
for fiscal years beginning after September 30, 1988, may be used by the
Administrator to carry out this subsection.
(B) No limitation on the amount of funds available for obligation by or
for the advisory committee shall be applicable with respect to the funds
made available to carry out this subsection.
(g) Research grant program
(1) General authority
The Administrator may make grants to colleges, universities, and
research organizations to conduct aviation research into areas deemed by
the Administrator to be required for the long-term growth of civil
aviation.
(2) Applications
A university, college, or nonprofit organization interested in receiving
a grant under this subsection may submit to the Administrator an
application for such grant. Such application shall be in such form and
contain such information as the Administrator may require.
(3) Selection
The Administrator shall establish a solicitation, review, and evaluation
process that ensures (A) the funding under this subsection of proposals
having adequate merit and relevancy to the mission of the Federal Aviation
Administration, (B) an equitable geographical distribution of grant funds
under this subsection, and (C) the inclusion of historically black
colleges and universities and other minority institutions for funding
consideration under this subsection.
(4) Records
Each person awarded a grant under this subsection shall maintain such
records as the Administrator may require as being necessary to facilitate
an effective audit and evaluation of the use of grant funds.
(5) Reports
The Administrator shall make an annual report to the Committee on
Science, Space, and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate on the
research grant program conducted under this subsection.
(h) Catastrophic failure prevention research grant program
(1) General authority
The Administrator may make grants to colleges, universities, and
nonprofit research organizations (A) to conduct aviation research
relating to development of technologies and methods to assess the risk
and prevent defects, failures, and malfunctions of products, parts,
processes, and articles manufactured for use in aircraft, aircraft
engines, propellers, and appliances which could result in a catastrophic
failure of an aircraft, and (B) to establish centers of excellence for
continuing such research.
(2) Selection and evaluation processes
The Administrator shall establish a solicitation, application, review,
and evaluation process that ensures (A) the funding under this subsection
of proposals having adequate merit and relevancy to the research described
in paragraph (1).
(i) Aviation research and centers of excellence
(1) General authority
The Administrator may make grants to one or more colleges or universities
to establish and operate several regional centers of air transportation
excellence, whose locations shall be geographically equitable.
(2) Responsibilities
The responsibilities of each regional center of air transportation
excellence established under this subsection shall include, but not be
limited to, the conduct of research concerning airspace and airport
planning and design, airport capacity enhancement techniques, human
performance in the air transportation environment, aviation safety and
security, the supply of trained air transportation personnel including
pilots and mechanics, and other aviation issues pertinent to developing
and maintaining a safe and efficient air transportation system, and the
interpretation, publication, and dissemination of the results of such
research. In conducting such research, each center may contract with
nonprofit research organizations and other appropriate persons.
(3) Application
Any college or university interested in receiving a grant under this
subsection shall submit to the Administrator an application in such form
and containing such information as the Administrator may require by
regulation.
(4) Selection criteria
The Administrator shall select recipients of grants under this
subsection on the basis of the following criteria:
(A) The extent to which the needs of the State in which the applicant
is located are representative of the needs of the region for improved
air transportation services and facilities.
(B) The demonstrated research and extension resources available to
the applicant for carrying out this subsection.
(C) The capability of the applicant to provide leadership in making
national and regional contributions to the solution of both long-range
and immediate air transportation problems.
(D) The extent to which the applicant has an established air
transportation program.
(E) The demonstrated ability of the applicant to disseminate results
of air transportation research and educational programs through a
statewide or regionwide continuing education program.
(F) The projects which the applicant proposes to carry out under the
grant.
(5) Maintenance of effort
No grant may be made under this subsection in any fiscal year unless
the recipient of such grant enters into such agreements with the
Administrator as the Administrator may require to ensure that such
recipient will maintain its aggregate expenditures from all other sources
for establishing and operating a regional center of air transportation
excellence and related research activities at or above the average level
of such expenditures in its 2 fiscal years preceding November 5, 1990.
(6) Federal share
The Federal share of a grant under this subsection shall be 50 percent
of the costs of establishing and operating the regional center of air
transportation excellence and related research activities carried out by
the grant recipient.
(7) Allocation of funds
Funds made available to carry out this subsection shall be allocated by
the Administrator in a geographically equitable manner.
(Pub. L. 85-726, title III, Sec. 312, Aug. 23, 1958, 72 Stat. 752; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 100-591, Secs.
2-4(a), 5(b), 6, Nov. 3, 1988, 102 Stat. 3011, 3013; Pub. L. 101-508, title
IX, Secs. 9205(a), 9208(a), (b), 9209(a)-(c), Nov. 5, 1990, 104 Stat.
1388-373, 1388-376, 1388-377, 1388-378.)
References in Text
The Federal Advisory Committee Act, referred to in subsec. (f)(8), is Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, which is set out in the Appendix to
Title 5, Government Organization and Employees.
Codification
In subsec. (c), "section 3324(a) and (b) of title 31" was substituted for
"section 3643 [3648] of the Revised Statutes, as amended (31 U.S.C. 529)" on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the
first section of which enacted Title 31, Money and Finance.
Amendments
1990--Subsec. (b). Pub. L. 101-508, Sec. 9208(a), inserted "to develop
technologies and methods to assess the risk of and prevent defects,
failures, and malfunctions of products, parts, processes, and articles
manufactured for use in aircraft, aircraft engines, propellers, and
appliances which could result in a catastrophic failure of an aircraft,"
after "in-flight aircraft fires".
Subsec. (c). Pub. L. 101-508, Sec. 9209(c), inserted after the third
sentence the following: "The Administrator shall undertake or supervise
research programs concerning airspace and airport planning and design,
airport capacity enhancement techniques, human performance in the air
transportation environment, aviation safety and security, the supply of
trained air transportation personnel including pilots and mechanics, and
other aviation issues pertinent to developing and maintaining a safe and
efficient air transportation system."
Subsec. (f)(2). Pub. L. 101-508, Sec. 9209(b)(1), inserted at end "In
addition, the committee shall review the research and training to be carried
out by the regional centers of air transportation excellence established
under subsection (h) of this section."
Subsec. (f)(3). Pub. L. 101-508, Sec. 9209(b)(2)(A), substituted "30" for
"20".
Pub. L. 101-508, Sec. 9209(b)(2)(B), substituted "The Administrator in
appointing the members of the committee shall ensure that the research
centers of air transportation excellence, universities, corporations,
associations, consumers, and other Government agencies are represented." for
former last sentence which read as follows: "The Administrator in appointing
the members of the committee shall ensure that universities, corporations,
associations, consumers, and other government agencies are represented."
Subsec. (g). Pub. L. 101-508, Sec. 9205(a), added subsec. (g).
Subsec. (h). Pub. L. 101-508, Sec. 9208(b), added subsec. (h).
Subsec. (i). Pub. L. 101-508, Sec. 9209(a), added subsec. (i).
1988--Subsec. (b). Pub. L. 100-591, Sec. 2, inserted after first sentence
the following: "The Administrator shall undertake or supervise research to
develop technologies and to conduct data analyses for predicting the effects
of aircraft design, maintenance, testing, wear, and fatigue on the life of
aircraft and on air safety, to develop methods of analyzing and improving
aircraft maintenance technology and practices (including nondestructive
evaluation of aircraft structures), to assess the fire and smoke resistance
of aircraft materials, to develop improved fire and smoke resistant
materials for aircraft interiors, to develop and improve fire and smoke
containment systems for in-flight aircraft fires, and to develop advanced
aircraft fuels with low flammability and technologies for containment of
aircraft fuels for the purpose of minimizing post-crash fire hazards."
Subsec. (c). Pub. L. 100-591, Sec. 3, inserted after the first sentence
the following: "The Administrator shall undertake or supervise research to
develop a better understanding of the relationship between human factors and
aviation accidents and between human factors and air safety, to enhance air
traffic controller and mechanic and flight crew performance, to develop a
human-factor analysis of the hazards associated with new technologies to be
used by air traffic controllers, mechanics, and flight crews, and to
identify innovative and effective corrective measures for human errors which
adversely affect air safety. The Administrator shall undertake or supervise
a research program to develop dynamic simulation models of the air traffic
control system and airport design and operating procedures which will
provide analytical technology for predicting airport and air traffic control
safety and capacity problems, for evaluating planned research projects, and
for testing proposed revisions in airport and air traffic control operations
programs."
Subsec. (d). Pub. L. 100-591, Sec. 4(a), added subsec. (d).
Subsec. (e). Pub. L. 100-591, Sec. 5(b), added subsec. (e).
Subsec. (f). Pub. L. 100-591, Sec. 6, added subsec. (f).
Effective Date
Section effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualified and took office
[Oct. 31, 1958], see section 1505(2) of Pub. L. 85-726, set out as a note
under section 1301 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted in text for "Administrator"
(meaning Federal Aviation Administrator) on authority of section 6(c)(1) of
Pub. L. 89-670, in view of the transfer of all functions, powers, and duties
of the Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this section to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Civil Tiltrotor Development Advisory Committee
Pub. L. 102-581, title I, Sec. 135, Oct. 31, 1992, 106 Stat. 4888, provided
that:
"(a) Establishment.--The Secretary of Transportation shall establish in
the Department of Transportation a Civil Tiltrotor Development Advisory
Committee (hereinafter in this section referred to as the 'Advisory
Committee') to evaluate the technical feasibility and economic viability of
developing civil tiltrotor aircraft and a national system of infrastructure
to support the incorporation of tiltrotor aircraft technology into the
national transportation system.
"(b) Membership.--
"(1) Appointment.--The Advisory Committee shall be composed of members
appointed by the Secretary of Transportation, not later than 60 days
after the date of the enactment of this Act [Oct. 31, 1992], as follows:
"(A) At least 1 representative of the Department of Transportation.
"(B) At least 1 representative of the Federal Aviation
Administration.
"(C) At least 1 representative of the National Aeronautics and
Space Administration.
"(D) Representatives of other Federal departments and agencies,
State and local governments, and private industry, as considered
appropriate and necessary by the Secretary.
"(2) Qualification.--Members appointed pursuant to subparagraphs (A),
(B), and (C) of paragraph (1) shall be appointed from among individuals
employed under the Federal departments and agencies described in such
subparagraphs who receive an annual rate of basic pay which equals or
exceeds the rate payable for level VI of the Senior Executive Service.
"(3) Chairperson.--The Secretary of Transportation shall appoint a
Chairperson of the Advisory Committee from among individuals employed
under the Department of Transportation who receive an annual rate of
basic pay which equals or exceeds the rate payable for level IV of the
Executive Schedule.
"(c) Duties.--The Advisory Committee shall--
"(1) determine the costs, feasibility, and economic viability of
developing a civil tiltrotor aircraft and establishing the necessary
infrastructure to incorporate such aircraft and other advanced vertical
takeoff and landing aircraft into the national transportation system;
"(2) determine the benefits to the national economy and transportation
system, including the potential for improved linkages and connections
with other modes of transportation, of incorporating civil tiltrotor
aircraft and other advanced vertical takeoff and landing aircraft into
the national transportation system;
"(3) determine further aeronautical research and development
requirements needed to incorporate civil tiltrotor aircraft and other
advanced vertical takeoff and landing aircraft into the national
transportation system;
"(4) determine changes to regulatory standards governing use of the
airspace which would be required to incorporate civil tiltrotor aircraft
and other advanced vertical takeoff and landing aircraft into the
national transportation system; and
"(5) recommend which of the costs of developing civil tiltrotor
aircraft and establishing the infrastructure necessary to support civil
tiltrotor aircraft and other advanced vertical takeoff and landing
aircraft should be paid by the Federal Government and which of such costs
should be paid by private industry.
"(d) Report.--Not later than the 365th day following the date of the first
meeting of the Advisory Committee, the Advisory Committee shall transmit to
Congress a report containing its determinations and recommendations under
subsection (c).
"(e) Termination.--The Advisory Committee shall terminate on the 30th day
following the date of submission of its report under subsection (d)."
Aircraft Noise Research Program
Pub. L. 102-581, title III, Sec. 304, Oct. 31, 1992, 106 Stat. 4896,
provided that:
"(a) Establishment.--The Administrator of the Federal Aviation
Administration and the Administrator of the National Aeronautics and Space
Administration shall jointly conduct a research program to develop new
technologies for quieter subsonic jet aircraft engines and airframes.
"(b) Goal.--The goal of the research program established by subsection (a)
is to develop by the year 2000 technologies for subsonic jet aircraft engines
and airframes which would permit a subsonic jet aircraft to operate at
reduced noise levels.
"(c) Participation.--In carrying out the program established by subsection
(a), the Administrator of the Federal Aviation Administration and the
Administrator of the National Aeronautics and Space Administration shall
encourage the participation of representatives of the aviation industry and
academia.
"(d) Report to Congress.--The Administrator of the Federal Aviation
Administration and the Administrator of the National Aeronautics and Space
Administration shall jointly submit to Congress, on an annual basis during
the term of the program established by subsection (a), a report on the
progress being made under the program toward meeting the goal described in
subsection (b)."
Air Traffic Controller Performance Research
Pub. L. 100-685, title VI, Secs. 601-604, Nov. 17, 1988, 102 Stat. 4102
provided that:
"Sec. 601. Findings.--The Congress finds as follows:
"(1) Research is needed to establish a more scientific approach for--
"(A) identifying future staffing requirements for the air traffic
control system; and
"(B) developing tools needed for meeting those requirements.
"(2) The Federal Aviation Administration and the National Aeronautics
and Space Administration each have unique expertise and facilities for
conducting research into the man-machine interface problems associated
with a highly automated air traffic control system.
"Sec. 602. Study on Increased Automation.--
"(1) In general.--In order to develop the tools necessary for
establishing appropriate selection criteria and training methodologies
for the next generation of air traffic controllers, the Administrator of
the Federal Aviation Administration shall conduct research to study the
effect of automation on the performance of the next generation of air
traffic controllers and the air traffic control system.
"(2) Content.--Research conducted under paragraph (1) shall include
investigation of the following:
"(A) Methods for improving and accelerating future air traffic
controller training through the application of advanced training
techniques, including use of simulation technology.
"(B) The role of future automation in the air traffic control system
and its physical and psychological effects on air traffic
controllers.
"(C) The attributes and aptitudes needed to function well in a
highly automated air traffic control system, and development of
appropriate testing methods for identifying individuals possessing
those attributes and aptitudes.
"(D) Innovative methods for training potential air traffic
controllers to enhance the benefits of automation and maximize the
effectiveness of the air traffic control system.
"(E) New technologies and procedures for exploiting automated
communication systems, including Mode S Transponders, to improve
information transfers between air traffic controllers and aircraft
pilots.
"(3) Report.--Not later than 6 months after the date of the enactment of
this Act, the Administrator of the Federal Aviation Administration shall
report to the Congress the Administrator's plans for conducting research
under this section.
"Sec. 603. Agreement with Administrator of NASA.--
"(1) In general.--The Administrator of the Federal Aviation
Administration may enter into an agreement with the Administrator of the
National Aeronautics and Space Administration for use of their unique
human factor facilities and expertise in conducting research activities
to study the human factor aspects of the highly automated environment
for the next generation of air traffic controllers.
"(2) Content.--Research under this section shall include investigation
of the following:
"(A) Human perceptual capabilities and the effect of computer-aided
decision making on the workload and performance of air traffic
controllers.
"(B) Information management techniques for advanced air traffic
control display systems.
"(C) Air traffic controller workload and performance measures,
including development of predictive models.
"Sec. 604. Authorization of Appropriations.--For conducting research under
this title there are authorized to be appropriated, from amounts in the
Airport and Airway Trust Fund which are available for research and
development, such sums as may be necessary.".
Similar provisions were contained in Pub. L. 100-591, Sec. 8, Nov. 3,
1988, 102 Stat. 3015.
Crashworthy Fuselage Fuel Tanks and Fuel Lines
Section 9 of Pub. L. 100-591 provided that:
"(a) Advance Notice of Proposed Rulemaking.--In order to ensure greater air
safety to passengers of air carriers and reduce the incidence of post-crash
fires, the Administrator of the Federal Aviation Administration shall, within
90 days following the date of enactment of this Act, issue an advance notice
of proposed rulemaking to determine the feasibility of installing in all air
carrier aircraft crashworthy fuselage fuel tanks and fuselage fuel lines
which are rupture resistant and which disconnect and seal in the event of an
accident.
"(b) Research.--Within 60 days following the date of enactment of this Act,
the Administrator shall undertake or supervise research to develop
technologies which will prevent the spraying or free flow or significant
quantities of fuel after an air crash or develop fuels and fuel additives
which can reduce rapid fuel dispersal and combustibility, or both."
Sec. 1354. Other powers and duties of Secretary of Transportation
(a) Generally
The Secretary of Transportation is empowered to perform such acts, to
conduct such investigations, to issue and amend such orders, and to make and
amend such general or special rules, regulations, and procedures, pursuant to
and consistent with the provisions of this chapter, as he shall deem
necessary to carry out the provisions of, and to exercise and perform his
powers and duties under, this chapter.
(b) Report of proceedings and investigations; publication of reports, orders,
decisions, rules and regulations; use as evidence
Except as may be otherwise provided in this chapter, the Secretary of
Transportation shall make a report in writing on all proceedings and
investigations under this chapter in which formal hearings have been held,
and shall state in such report his conclusions together with his decision,
order, or requirement in the premises. All such reports shall be entered of
record and a copy thereof shall be furnished to all parties to the proceeding
or investigation. The Secretary of Transportation shall provide for the
publication of such reports, and all other reports, orders, decisions, rules,
and regulations issued by him under this chapter in such form and manner as
may be best adapted for public information and use. Publications purporting
to be published by the Secretary of Transportation shall be competent
evidence of the orders, decisions, rules, regulations, and reports of the
Secretary therein contained in all courts of the United States, and of the
several States, Territories, and possessions thereof, and the District of
Columbia, without further proof or authentication thereof.
(c) Power to conduct hearings and investigations
In the conduct of any public hearings or investigations authorized by this
chapter, the Airport and Airway Improvement Act of 1982 [49 App. U.S.C. 2201
et seq.], the Federal Airport Act [49 App. U.S.C. 1101 et seq.], or the
Airport and Airway Development Act of 1970 [49 App. U.S.C. 1701 et seq.], the
Secretary of Transportation shall have the same powers to take evidence,
issue subpenas, take depositions, and compel testimony as are vested in
members of the Board and its duly designated examiners by section 1484 of
this Appendix. Actions of the Secretary of Transportation in such cases shall
be governed by the procedures specified in section 1484 of this Appendix and
be enforced in the manner provided therein.
(d) Training schools
The Secretary of Transportation is empowered to conduct a school or schools
for the purpose of training employees of the Administration in those subjects
necessary for the proper performance of all authorized functions of the
Administration. He may also authorize attendance at courses given in such
school or schools of other governmental personnel, and personnel of foreign
governments, or personnel of the aeronautics industry: Provided, That in the
event the attendance of such persons shall increase the cost of operation of
such school or schools, the Secretary of Transportation may require the
payment or transfer of sufficient funds or other appropriate consideration to
offset the additional costs. In providing any training to employees of the
Administration or of other agencies of the Federal Government, the Secretary
of Transportation shall be subject to the provisions of chapter 41 of title
5. Funds received by the Secretary of Transportation hereunder may be
credited (1) to appropriations current at the time the expenditures are to be
or have been paid, (2) to appropriations current at the time such funds are
received, or (3) in part as provided under clause (1) and in part as provided
under clause (2).
(e) Indemnification
The administrator is empowered to indemnify any officer or employee
of the Federal Aviation Administration against any claim or judgment
against such person if such claim or judgment arises out of an act or acts
committed, as determined by the Administrator, within the scope of such
person's official duties. The Administrator may issue such regulations as
may be necessary to implement this subsection.
(f) Processing fees
(1) Establishment and collection
The Administrator may establish and collect such fees as may be
necessary to cover the costs associated with issuance of certificates of
registration of aircraft, issuance of airman certificates to pilots, and
processing of forms for major repairs and alterations of fuel tanks and
fuel systems of aircraft.
(2) Maximum fee schedule
The amount of any fee which may be collected under this subsection--
(A) with respect to issuance of an airman's certificate to a pilot
may not exceed $12;
(B) with respect to registration of an aircraft after transfer of
ownership may not exceed $25;
(C) with respect to renewal of an aircraft registration may not
exceed $15; and
(D) with respect to processing of a form for a major repair or
alteration of a fuel tank or fuel system of an aircraft may not exceed
$7.50.
The amounts established by this paragraph shall be adjusted by the
Administrator for changes in the Consumer Price Index of All Urban
Consumers published by the Bureau of Labor Statistics of the Department of
Labor.
(3) Limitation
No fee may be collected under this subsection before the date on which
the final regulations referred to in section 7207(a) of the Federal
Aviation Administration Drug Enforcement Assistance Act of 1988 take
effect.
(4) Credit to account; availability
The amount of fees collected under this subsection shall be credited
to the account in the United States Treasury from which expenses were
incurred by the Administrator for carrying out subchapters V and VI of
this chapter and shall be available to the Administrator for paying
expenses for which such fees are collected.
(Pub. L. 85-726, title III, Sec. 313, Aug. 23, 1958, 72 Stat. 752; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 91-258, title I,
Sec. 52(b)(4)(A), May 21, 1970, 84 Stat. 235; Pub. L. 97-248, title V, Sec.
524(a)(2), Sept. 3, 1982, 96 Stat. 696; Pub. L. 97-449, Sec. 7(b), Jan. 12,
1983, 96 Stat. 2444; Pub. L. 100-223, title II, Sec. 205, Dec. 30, 1987,
101 Stat. 1521; Pub. L. 100-690, title VII, Sec. 7207(c)(1), Nov. 18, 1988,
102 Stat. 4427.)
References in Text
The Airport and Airway Improvement Act of 1982, referred to in subsec. (c),
is Pub. L. 97-248, title V, Sept. 3, 1982, 96 Stat. 671, as amended, which is
classified principally to chapter 31 (Sec. 2201 et seq.) of this Appendix.
For complete classification of this Act to the Code, see Short Title note set
out under section 2201 of this Appendix and Tables.
The Federal Airport Act, referred to in subsec. (c), is act May 13, 1946,
ch. 251, 60 Stat. 170, as amended, which was classified to chapter 14 (Sec.
1101 et seq.) of this Appendix. The Act was repealed by section 52(a) of the
Airport and Airway Development Act of 1970 (Pub. L. 91-258, title I, May 21,
1970, 84 Stat. 235), and is covered by chapter 25 (Sec. 1701 et seq.) of this
Appendix.
The Airport and Airway Development Act of 1970, referred to in subsec. (c),
is title I of Pub. L. 91-258, May 21, 1970, 84 Stat. 219, as amended, which
is classified principally to chapter 25 (Sec. 1701 et seq.) of this Appendix.
Sections 1 to 30 of that Act, which were classified to sections 1701 to 1730
of this Appendix, were repealed by section 523(a) of Pub. L. 97-248, title V,
Sept. 3, 1982, 96 Stat. 695. For complete classification of this Act to the
Code, see Tables.
Section 7207(a) of the Federal Aviation Administration Drug Enforcement
Assistance Act of 1988, referred to in subsec. (f)(3), is section 7207(a) of
Pub. L. 100-690, which is set out as a note under section 1401 of this
Appendix.
Codification
In subsec. (d), "chapter 41 of title 5" was substituted for "the Government
Employees Training Act (72 Stat. 327)" on authority of Pub. L. 89-554, Sec.
7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title
5, Government Organization and Employees.
Amendments
1988--Subsec. (f). Pub. L. 100-690 added subsec. (f).
1987--Subsec. (e). Pub. L. 100-223 added subsec. (e).
1983--Subsec. (e). Pub. L. 97-449 struck out subsec. (e), which directed
the Secretary of Transportation to submit an annual report to the President
and to the Congress regarding the work performed under this chapter. See
section 308(b) of Title 49, Transportation.
1982--Subsec. (c). Pub. L. 97-248 inserted reference to the Airport and
Airway Improvement Act of 1982.
1970--Subsec. (c). Pub. L. 91-258 inserted reference to the Airport and
Airway Development Act of 1970.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of
Pub. L. 97-248, set out as an Effective Date note under section 2201 of this
Appendix.
Effective Date
Section effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualified and took office
[Oct. 31, 1958], see section 1505(2) of Pub. L. 85-726, set out as a note
under section 1301 of this Appendix.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted in text for "Administrator"
(meaning Federal Aviation Administrator) on authority of section 6(c)(1) of
Pub. L. 89-670, in view of the transfer of all functions, powers, and duties
of te@Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this section to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
"Administration" was substituted, in subsec. (d), for "Agency" pursuant to
sections 3(e) and 6(c)(1) of Pub. L. 89-670, which transferred all functions,
powers, and duties of the Federal Aviation Agency and of the Administrator
and other offices and officers thereof to the Secretary of Transportation and
established a Federal Aviation Administration in the Department of
Transportation. See section 106 of Title 49.
Acquisition or Construction of Facilities for Advanced Training of
Maintenance Technicians for Air Carrier Aircraft
Pub. L. 102-581, title I, Sec. 119, Oct. 31, 1992, 106 Stat. 4883, provided
that:
"(a) Grants.--The Administrator of the Federal Aviation Administration may
make grants to not to exceed 4 vocational technical institutions for the
purpose of acquiring or constructing facilities to be used for the advanced
training of maintenance technicians for air carrier aircraft.
"(b) Eligibility Criteria.--The Administrator may only make a grant under
this section to a vocational technical educational institution if such
institution has a training curriculum which prepares aircraft maintenance
technicians who hold an airframe and power plant certificate issued under
subpart D of part 65 of title 14 of the Code of Federal Regulations to
maintain, without direct supervision, air carrier aircraft.
"(c) Limitation on Amounts of Grants.--The maximum amount of Federal funds
which a vocational technical educational institution may receive, in the
aggregate, through grants made under this section shall be $5,000,000.
"(d) Authorization of Appropriations.--There is authorized to be
appropriated, from the Airport and Airway Trust Fund, such sums as may be
necessary for carrying out this section for fiscal years 1993, 1994, and
1995. Such sums shall remain available until expended."
GAO Audit
Section 7207(c)(4) of Pub. L. 100-690 provided that: "During the 5-year
period beginning after the date on which fees are first collected under
section 313(f) of the Federal Aviation Act of 1958 [49 U.S.C. App.
1354(f)], the Comptroller General shall conduct an annual audit of the
collection and use of such fees for the purpose of ensuring that such fees
do not exceed the costs for which they are collected and submit to
Congress a report on the results of such audit."
Sec. 1354a. Facilities and equipment; Airport and Airway Trust Fund
With appropriations made for the Airway Science program, as authorized
in this section, the Federal Aviation Administration may enter into
competitive grant agreements with institutions of higher education having
airway science curricula, for the Federal share of the allowable direct
costs of the following categories of items, to the extent that such items
are in support of airway science curricula: (a) the construction, purchase,
or lease with option to purchase, of buildings and associated facilities,
and (b) instructional materials and equipment. Such funds are hereby
authorized to be appropriated and may remain available until expended. The
Federal Aviation Administration shall establish guidelines for determining
the direct costs allowable under grants to be made pursuant to this section.
The maximum Federal share of the allowable cost of any project assisted by
such grants shall be 65 percent. Such Federal share shall be considered as
having taken effect on October 1, 1991.
(Pub. L. 102-388, title I, Sec. 100, Oct. 6, 1992, 106 Stat. 1525.)
Codification
Section was enacted as part of the appropriation act cited as the credit
to this section, and not as part of the Federal Aviation Act of 1958 which
comprises this chapter.
Similar Provisions
Similar provisions were contained in the following prior appropriation
acts:
Pub. L. 102-143, title I, Sec. 100, Oct. 28, 1991, 105 Stat. 922.
Pub. L. 101-516, title I, Sec. 100, Nov. 5, 1990, 104 Stat. 2160.
Sec. 1355. Delegation of powers and duties to private persons; application
for reconsideration
(a) In exercising the powers and duties vested in him by this chapter, the
Secretary of Transportation may, subject to such regulations, supervision,
and review as he may prescribe, delegate to any properly qualified private
person, or to any employee or employees under the supervision of such person,
any work, business, or function respecting (1) the examination, inspection,
and testing necessary to the issuance of certificates under subchapter VI of
this chapter, and (2) the issuance of such certificates in accordance with
standards established by him. The Secretary of Transportation may establish
the maximum fees which such private persons may charge for their services and
may rescind any delegation made by him pursuant to this subsection at any
time and for any reason which he deems appropriate.
(b) Any person affected by any action taken by any private person
exercising delegated authority under this section may apply for
reconsideration of such action by the Secretary of Transportation. The
Secretary of Transportation upon his own initiative, with respect to the
authority granted under subsection (a) of this section, may reconsider the
action of any private person either before or after it has become effective.
If, upon reconsideration by the Secretary of Transportation, it shall appear
that the action in question is in any respect unjust or unwarranted, the
Secretary of Transportation shall reverse, change, or modify the same
accordingly; otherwise such action shall be affirmed: Provided, That nothing
in this subsection shall be construed as modifying, amending, or repealing
any provisions of subchapter II of chapter 5, and chapter 7, of title 5.
(Pub. L. 85-726, title III, Sec. 314, Aug. 23, 1958, 72 Stat. 754; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Codification
In subsec. (b), "subchapter II of chapter 5, and chapter 7, of title 5" was
substituted for "the Administrative Procedure Act" on authority of Pub. L.
89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which
enacted Title 5, Government Organization and Employees.
Effective Date
Section effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualified and took office
[Oct. 31, 1958], see section 1505(2) of Pub. L. 85-726, set out as a note
under section 1301 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation, pertaining to aviation
safety under this section to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Sec. 1356. Screening procedures for passengers; promulgation and amendment of
regulations by Administrator; reports to Congress; exempted air
transportation operations
(a) The Administrator shall prescribe or continue in effect reasonable
regulations requiring that all passengers and all property intended to be
carried in the aircraft cabin in air transportation or intrastate air
transportation be screened by weapon-detecting procedures or facilities
employed or operated by employees or agents of the air carrier, intrastate
air carrier, or foreign air carrier prior to boarding the aircraft for such
transportation. One year after August 5, 1974, or after the effective date of
such regulations, whichever is later, the Administrator may alter or amend
such regulations, requiring a continuation of such screening only to the
extent deemed necessary to assure security against acts of criminal violence
and aircraft piracy in air transportation and intrastate air transportation.
The Administrator shall submit annual reports to the Congress concerning
the effectiveness of screening procedures under this subsection and shall
advise the Congress of any regulations or amendments thereto to be prescribed
pursuant to this subsection at least 30 days in advance of their effective
date, unless he determines that an emergency exists which requires that such
regulations or amendments take effect in less than 30 days and notifies the
Congress of his determination. Each annual report submitted by the
Administrator pursuant to the preceding sentence shall include the
information described in section 1515(c) of this Appendix.
(b) Transportation security
(1) Annual report
Not later than December 31 of calendar year 1991 and of each calendar
year thereafter, the Secretary shall submit to Congress an annual report
concerning transportation security, together with such recommendations
as the Secretary considers appropriate. Such report shall be prepared in
conjunction with the annual report of the Administrator under subsection
(a) of this section and shall not duplicate the information required by
subsection (a) of this section or section 1515(c) of this Appendix. Such
annual report may, as necessary, be submitted in 2 parts with 1 part
being classified in nature and 1 part being unclassified.
(2) Contents of report
The annual report required by this subsection shall include--
(A) a summary of the activities of the Director of Intelligence
and Security in the 12-month period ending on the date of such
report;
(B) an assessment of trends and developments in terrorist
activities, methods, and other threats to transportation;
(C) recommendations for research, engineering, and development
activities relating to transportation security, except research,
engineering, and development activities relating to aviation security
to the extent such activities are covered by the research plan
required by section 1353(d) of this Appendix;
(D) legislative and regulatory recommendations, if appropriate;
(E) funding and staffing requirements of the Director of
Intelligence and Security;
(F) an assessment of funding and staffing requirements, and
attainment of existing staffing goals, for carrying out security
functions of the Federal Aviation Administration;
(G) identification and evaluation of cooperative efforts with
other Federal agencies;
(H) an evaluation of cooperation with foreign transportation and
security authorities;
(I) the status of implementation of the recommendations of the
President's Commission of Aviation Security and Terrorism and the
reasons for any delays in implementation of such recommendations; and
(J) an evaluation of deployment of explosive detection devices.
(c) The Administrator may exempt from the provisions of this section, in
whole or in part, air transportation operations, other than those scheduled
passenger operations performed by air carriers engaging in interstate,
overseas, or foreign air transportation under a certificate of public
convenience and necessity issued by the Civil Aeronautics Board under section
1371 of this Appendix or under a foreign air carrier permit issued by the
Board under section 1372 of this Appendix.
(Pub. L. 85-726, title III, Sec. 315, as added Pub. L. 93-366, title II, Sec.
202, Aug. 5, 1974, 88 Stat. 415, and amended Pub. L. 99-83, title V, Sec.
551(b)(1), Aug. 8, 1985, 99 Stat. 225; Pub. L. 100-649, Sec. 2(d), Nov. 10,
1988, 102 Stat. 3817; Pub. L. 101-604, title I, Sec. 102(a), (b), Nov. 16,
1990, 104 Stat. 3068.)
Amendments
1990--Subsec. (a). Pub. L. 101-604, Sec. 102(b), substituted "annual"
for "semiannual" each place it appeared.
Subsecs. (b), (c). Pub. L. 101-604, Sec. 102(a), redesignated a former
subsec. (b) as (c) and added a new subsec. (b).
1985--Subsec. (a). Pub. L. 99-83 inserted provisions relating to
information described in section 1515 of this Appendix.
Federal Aviation Administration;
Installation and Use of Explosive Detection Equipment
Pub. L. 101-45, title I, June 30, 1989, 103 Stat. 110, provided that:
"Not later than thirty days after the date of the enactment of this Act
[Nov. 18, 1988], the Federal Aviation Administrator shall initiate action,
including such rulemaking or other actions as necessary, to require the use
of explosive detection equipment that meets minimum performance standards
requiring application of technology equivalent to or better than thermal
neutron analysis technology at such airports (whether located within or
outside the United States) as the Administrator determines that the
installation and use of such equipment is necessary to ensure the safety of
air commerce. The Administrator shall complete these actions within sixty
days of enactment of this Act [Nov. 18, 1988]:".
Research and Development of Improved Airport
Security Systems
Section 2(d) of Pub. L. 100-649, Nov. 10, 1988, 102 Stat. 3817,
provided that: "The Administrator of the Federal Aviation Administration
shall conduct such research and development as may be necessary to improve
the effectiveness of airport security metal detectors and airport security
x-ray systems in detecting firearms that, during the 10-year period
beginning on the effective date of this Act [Nov. 10, 1988], are subject to
the prohibitions of section 922(p) of title 18.".
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1356a. Security measures in foreign air transportation
(a) Compensation of air carriers
The Secretary of Transportation shall compensate any air carrier
certificated by the Civil Aeronautics Board under section 401 of the Federal
Aviation Act of 1958 [49 App. U.S.C. 1371] which requests such compensation
for that portion of the amount expended by such air carrier for security
screening facilities and procedures as required by section 315(a) of such Act
[49 App. U.S.C. 1356(a)], and any regulation issued pursuant thereto, which
is attributable to the screening of passengers moving in foreign air
transportation. An air carrier shall have any compensation authorized to be
paid it under this section reduced by the amount (if any) by which the
revenue of such carrier which is attributable to the cost of security
screening facilities and procedures used in intrastate, interstate, and
overseas air transportation exceeds the actual cost of such carrier of such
facilities. The Secretary may issue such regulations as he deems necessary to
carry out the purpose of this section.
(b) Definitions applicable
The terms used in this section which are defined in the Federal Aviation
Act of 1958 [49 App. U.S.C. 1301 et seq.] shall have the same meaning as such
terms have in such Act.
(c) Authorization of appropriations; limitation on compensation
(1) There is authorized to be appropriated out of the Airport and Airway
Trust Fund for amounts expended before the date specified in paragraph (2) of
this subsection not to exceed $15,000,000. No such amounts shall be
appropriated prior to September 30, 1981.
(2) No compensation shall be paid by the Secretary of Transportation under
this section for amounts expended after the date which is 180 days after
February 15, 1980.
(Pub. L. 94-353, title I, Sec. 24, July 12, 1976, 90 Stat. 885; Pub. L. 97-
248, title V, Sec. 524(d), Sept. 3, 1982, 96 Stat. 697.)
References in Text
The Federal Aviation Act of 1958, referred to in subsec. (b), is Pub. L.
85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is classified
principally to this chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1301 of this Appendix and
Tables.
Codification
Section was enacted as part of the Airport and Airway Development Act
Amendments of 1976, and not as part of the Federal Aviation Act of 1958 which
comprises this chapter.
Amendments
1982--Subsec. (c). Pub. L. 97-248 designated existing provision as par.
(1), and in par. (1) as so designated, substituted "for amounts expended
before the date specified in paragraph (2) of this subsection not to exceed
$15,000,000" for "to carry out this section not to exceed $3,750,000 for
fiscal year 1976, including the period July 1, 1976, through September 30,
1976, and $3,000,000 per fiscal year for the fiscal years 1977 and 1978" and
inserted provision that no such amounts be appropriated prior to Sept. 30,
1981, and added par. (2).
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of
Pub. L. 97-248, set out as an Effective Date note under section 2201 of this
Appendix.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
Sec. 1356b. Authority to carry firearms and make arrests
The Secretary of Transportation, with the approval of the Attorney General
and the Secretary of State, may authorize persons, in connection with the
performance of their air transportation security duties, to carry firearms
and to make arrests without warrant for any offense against the United States
committed in their presence, or for any felony cognizable under the laws of
the United States, if they have reasonable grounds to believe that the person
to be arrested has committed or is committing a felony.
(Pub. L. 99-83, title V, Sec. 553(b), Aug. 8, 1985, 99 Stat. 226.)
Codification
Section was enacted as part of the International Security and Development
Cooperation Act of 1985, and not as part of the Federal Aviation Act of 1958
which comprises this chapter.
Sec. 1357. Air transportation security
(a) Rules and regulations; authority of Administrator to prescribe; purposes;
consultations and criteria for promulgation and amendment
(1) The Administrator of the Federal Aviation Administration shall
prescribe such reasonable rules and regulations requiring such practices,
methods, and procedures, or governing the design, materials, and construction
of aircraft, as he may deem necessary to protect persons and property aboard
aircraft operating in air transportation or intrastate transportation against
acts of criminal violence and aircraft piracy.
(2) In prescribing and amending rules and regulations under paragraph (1)
of this subsection, the Administrator shall--
(A) consult with the Secretary of Transportation, the Attorney General,
and such other Federal, State, and local agencies as he may deem
appropriate;
(B) consider whether any proposed rule or regulation is consistent with
protection of passengers in air transportation or intrastate air
transportation against acts of criminal violence and aircraft piracy and
the public interest in the promotion of air transportation and intrastate
air transportation;
(C) to the maximum extent practicable, require uniform procedures for the
inspection, detention, and search of persons and property in air
transportation and intrastate air transportation to assure their safety and
to assure that they will receive courteous and efficient treatment, by air
carriers, their agents and employees, and by Federal, State, and local law
enforcement personnel engaged in carrying out any air transportation
security program established under this section; and
(D) consider the extent to which any proposed rule or regulation will
contribute to carrying out the purposes of this section.
(b) Establishment of security programs by airport operators; utilization of
qualified State, local and private law enforcement personnel; procedure
for utilization of personnel of other Federal departments and agencies or
employed directly by Administrator
Regulations prescribed under subsection (a) of this section shall require
operators of airports regularly serving air carriers certificated by the
Civil Aeronautics Board to establish air transportation security programs
providing a law enforcement presence and capability at such airports adequate
to insure the safety of persons traveling in air transportation or intrastate
air transportation from acts of criminal violence and aircraft piracy. Such
regulations shall authorize such airport operators to utilize the services of
qualified State, local, and private law enforcement personnel whose services
are made available by their employers. In any case in which the Administrator
determines, after receipt of notification from an airport operator in such
form as the Administrator may prescribe, that qualified State, local, and
private law enforcement personnel are not available in sufficient numbers to
carry out the provisions of subsection (a) of this section, the Administrator
may, by order, authorize such airport operator to utilize, on a reimbursable
basis, the services of--
(1) personnel employed by any other Federal department or agency, with
the consent of the head of such department or agency; and
(2) personnel employed directly by the Administrator;
at the airport concerned in such numbers and for such period of time as the
Administrator may deem necessary to supplement such State, local, and private
law enforcement personnel. In making the determination referred to in the
preceding sentence the Administrator shall take into consideration--
(A) the number of passengers enplaned at such airport;
(B) the extent of anticipated risk of criminal violence and aircraft
piracy at such airport or to the air carrier aircraft operations at such
airport; and
(C) the availability at such airport of qualified State or local law
enforcement personnel.
(c) Training for personnel employed to carry out security programs; uniform
standards for training and minimum qualifications of personnel eligible
for training
(1) The Administrator may provide training for personnel employed by him to
carry out any air transportation security program established under this
section and for other personnel, including State, local, and private law
enforcement personnel, whose services may be utilized in carrying out any
such air transportation security program. The Administrator shall prescribe
uniform standards with respect to training provided personnel whose services
are utilized to enforce any such air transportation security program,
including State, local, and private law enforcement personnel, and uniform
standards with respect to minimum qualifications for personnel eligible to
receive such training.
(2) Reimbursement for certain expenses.--At the discretion of the
Administrator, reimbursement may be made for travel, transportation, and
subsistence expenses for the security training of non-Federal domestic and
foreign security personnel whose services will contribute significantly to
carrying out civil aviation security programs under this section. To the
extent practicable, air travel reimbursed under this paragraph shall be
conducted on United States air carriers.
(d) Research and development by Administrator of security systems,
procedures, facilities, and devices; disclosure of confidential
information
(1) The Administrator shall conduct such research (including behavioral
research) and development as he may deem appropriate to develop, modify,
test, and evaluate systems, procedures, facilities, and devices to protect
persons and property aboard aircraft in air transportation or intrastate air
transportation against acts of criminal violence and aircraft piracy.
(2) Notwithstanding section 552 of title 5 relating to freedom of
information, the Administrator shall prescribe such regulations as he may
deem necessary to prohibit disclosure of any information obtained or
developed in the conduct of security or research and development activities
under this subchapter if, in the opinion of the Administrator, the
disclosure of such information--
(A) would constitute an unwarranted invasion of personal privacy
(including, but not limited to, information contained in any personnel,
medical, or similar file);
(B) would reveal trade secrets or privileged or confidential commercial
or financial information obtained from any person; or
(C) would be detrimental to the safety of persons traveling in air
transportation.
Nothing in this subsection shall be construed to authorize the withholding of
information from the duly authorized committees of the Congress.
(3) Program to accelerate research
(A) In general
The Administrator shall establish and carry out a program to
accelerate and expand the research, development, and implementation of
technologies and procedures to counteract terrorist acts against civil
aviation.
(B) Review of threats
Not later than 180 days after November 16, 1990, the Administrator
shall complete an intensive review of threats to civil aviation, with
particular focus on--
(i) the explosive materials which present the most significant
threat to civil aircraft;
(ii) the minimum amounts, configurations, and types of explosive
material which would reasonably be expected to cause catastrophic
damage to commercial aircraft in service and expected to be in
service in the 10-year period beginning on such date;
(iii) the minimum amounts, configurations, and types of explosive
material which can cause catastrophic damage to commercial aircraft
in service and expected to be in service in the 10-year period
beginning on such date;
(iv) the amounts, configurations, and types of explosive material
which can reliably be detected by existing, or reasonably
anticipated, near-term explosive detection technologies;
(v) the feasibility of employing various methods to minimize
damage caused by explosive materials which cannot be reliably
detected by existing, or reasonably anticipated, near-term
explosive detection technologies;
(vi) the ability to screen such different entities as passengers,
carry-on baggage, checked baggage, mail, and cargo; and
(vii) the technologies which might be used in the future to
attempt to destroy or otherwise threaten commercial aircraft and
the methods by which such technologies can be effectively
countered.
(C) Use of results
The results of such review shall be used by the Administrator in
developing the focus and priorities of the program established under
this paragraph.
(D) Design and implementation
In designing and implementing the program established under this
paragraph, the Administrator shall--
(i) consult and coordinate with other Federal agencies
conducting similar research;
(ii) identify Federal agencies which would benefit from such
research; and
(iii) seek cost-sharing agreements with such Federal agencies.
(4) Purpose
It shall be the purpose of the program established under paragraph
(3) to develop and have in place not later than 36 months after November
16, 1990 such new equipment and procedures as are needed to meet the
technological challenges presented by terrorism.
(5) Human factors
The program established under paragraph (3) shall include research and
development of both technological improvements and ways to enhance human
performance.
(6) Grants and cooperative agreements
Amounts appropriated for each fiscal year under paragraph (9) shall be
made available by the Administrator, by way of grants, to colleges,
universities, and other appropriate research institutions and facilities
with demonstrated ability to conduct research described in paragraph
(3). Such grants shall be in such amounts, and subject to such terms and
conditions, as the Administrator may prescribe. The Administrator may
also enter into such cooperative agreements with such governmental
entities as the Administrator considers appropriate.
(7) Review
In administration of the program established under paragraph (3), the
Administrator shall review and consider the annual reports of the
Secretary of Transportation submitted to Congress on transportation
security and intelligence.
(8) Scientific advisory panel
The Administrator shall establish a scientific advisory panel, as a
subcommittee of the Research, Engineering and Development Advisory
Committee, for the purpose of reviewing, commenting on, and advising the
Administrator on the progress of, and any necessary modifications to,
the programs established under paragraph (3), including the need for
long-range research programs to detect and prevent catastrophic damage
to commercial aircraft by the next generation of terrorist weapons. The
panel shall consist of individuals with scientific and technical
expertise in--
(A) the development and testing of effective explosive-detection
systems;
(B) aircraft structure and experimentation to determine the type
and minimum weights of explosives which an effective technology must
be capable of detecting;
(C) technologies involved in the minimization of airframe damage
to aircraft from explosives; and
(D) such other scientific and technical areas as are considered
appropriate by the Administrator.
(9) Authorization of appropriations
There are authorized to be appropriated from the Airport and Airway
Trust Fund, after completion of the review required by paragraph (3)(B),
such sums as may be necessary for the purpose of carrying out the grant
program established by paragraph (6).
(e) Overall responsibility of Administrator
(1) Except as otherwise specifically provided by law, no power, function,
or duty of the Administrator of the Federal Aviation Administration under
this section shall be assigned or transferred to any other Federal department
or agency.
(2) Notwithstanding any other provisions of law, the Administrator of the
Federal Aviation Administration shall have the exclusive responsibility for
the direction of any law enforcement activity affecting the safety of persons
aboard aircraft in flight involved in the commission of an offense under
section 1472(i) or (n) of this Appendix. Other Federal departments and
agencies shall, upon request by the Administrator, provide such assistance as
may be necessary to carry out the purposes of this paragraph.
(3) For the purposes of this subsection, an aircraft is considered in
flight from the moment when all external doors are closed following
embarkation until the moment when one such door is opened for disembarkation.
(f) "Law enforcement personnel" defined
For purposes of this section, the term "law enforcement personnel" means
individuals--
(1) authorized to carry and use firearms,
(2) vested with such police power of arrest as the Administrator deems
necessary to carry out this section, and
(3) identifiable by appropriate indicia of authority.
(g) /1/Airport tenants security programs
The Administrator may approve under this section a security program of an
airport operator, and may approve an amendment to a security program of an
airport operator approved by the Administrator under subsection (b) of this
section, which incorporates a security program of an airport tenant (other
than an air carrier separately complying with part 108 or 129 of title 14 of
the Code of Federal Regulations) having access to the secured areas of the
airport--
(1) if such program or amendment incorporates the measures by which
the tenant will carry out, within the tenant's leased areas or areas
designated for the tenant's exclusive use under an agreement with the
airport operator, the security requirements imposed by the Administrator
on the airport operator pursuant to the access control system
requirements of section 107.14 of such title or to other requirements of
part 107 of such title; and
(2) if such program or amendment incorporates the methods by which
the airport operator will monitor and audit the tenant's compliance with
such security requirements and provides that the tenant will be required
to pay financial penalties to the airport operator in the event the
tenant fails to carry out any such security requirement in accordance
with a contractual provision or requirement imposed by the airport
operator.
If the Administrator approves a program or amendment described in this
subsection, the airport operator may not be found to be in violation of a
requirement of this section in any case in which the airport operator
demonstrates that the tenant or an employee, permittee, or invitee of the
tenant is responsible for such violation and that the airport operator has
complied with all measures in its security program for securing compliance
with its security program by the tenant.
NOTE /1/ Two subsections (g) were enacted.
(g) /1/ Air carrier and airport security personnel
(1) Employment investigations
(A) In general
In order to ensure the security of aircraft and their passengers, crew,
and cargo, the Administrator shall issue regulations to require
individuals employed in, and individuals applying for, positions
described in subparagraph (B) to be subjected to such employment
investigations, including criminal history record check, as the
Administrator determines necessary to ensure air transportation security.
(B) Individuals subject to employment investigations
An individual shall be subject to an employment investigation under
subparagraph (A) if such individual is employed in, or is applying
for, a position in which such individual has unescorted access, or
may authorize others to have unescorted access, to air carrier or
foreign air carrier aircraft, or to secured areas (designated by the
Administrator) of United States airports serving air carriers or
foreign air carriers.
(C) Requirements of air carriers and airport operators
Any air carrier, foreign air carrier, or airport operator who employs
an individual in a position described in subparagraph (B), or
authorizes or contracts for the services of such individual, shall
take such actions as may be necessary to ensure that any employment
investigation required by the Administrator under subparagraph (A) is
performed.
(2) Criminal history records check
(A) In general
If, as part of an employment investigation under paragraph (1)(A), the
Administrator requires an identification and criminal history record
check of an individual in a position described in paragraph (1)(B) to be
conducted by the Attorney General, the Administrator (after consultation
with the Attorney General) shall designate persons to obtain and
transmit fingerprints to the Attorney General. The costs of any such
check shall be paid by the employer of such individual. The Attorney
General may for the purposes of this subsection make available the
results of any such check to persons designated by the Administrator,
after consultation with the Attorney General.
(B) Regulations
For purposes of administering this subsection, the Administrator shall
prescribe regulations to--
(i) implement procedures for taking fingerprints; and
(ii) establish requirements for use of information received from the
Attorney General under this subsection in order to limit the
dissemination of such information and ensure that such information is
used solely for the purposes of this subsection.
(C) Correction of check information
An individual who, as part of an employment investigation under
paragraph (1)(A), is subject to an identification and criminal history
records check shall be provided a copy of any record received from the
Attorney General and shall have the right to complete and correct the
information contained in such check before any final employment
decision is made on account of such check.
(3) Employment restrictions
(A) In general
Except as provided in subparagraph (B), an air carrier, foreign air
carrier, or airport operator shall not employ, or authorize or contract
for the services of, any individual in a position described in paragraph
(1)(B), if--
(i) such individual has not been subject to an employment
investigation required under paragraph (1)(A); or
(ii) the results of such investigation establish that such
individual in the 10-year period ending on the date of such
investigation has been convicted in any jurisdiction of a crime
set forth in section 1472(b), (c), (h), (i), (j), (k), (l), (m),
(n), (q), or (r) of this Appendix; a crime set forth in section 32 of
title 18, United States Code; murder; assault with intent to murder;
espionage; sedition; treason; rape; kidnapping; unlawful
possession, sale, distribution, or manufacture of an explosive or
weapon; extortion; armed robbery; distribution of, or intent to
distribute, a controlled substance; or conspiracy to commit any
of the aforementioned criminal acts.
The Administrator may specify other factors which the Administrator
determines to be sufficient to make an individual ineligible for
employment in a position described in paragraph (1)(B).
(B) Exception
It shall not be a violation of subparagraph (A) for an air carrier,
foreign air carrier, or airport operator to employ, or authorize or
contract for employment of, an individual in a position described in
paragraph (1)(B) who has not been subject to an employment
investigation required by paragraph (1)(A), if the employment of
such individual is carried out pursuant to a plan approved by the
Administrator which provides alternate security arrangements.
(4) Limitation on statutory construction
Nothing in this subsection shall be construed as requiring
investigations or record checks where such investigations or record
checks are prohibited by applicable laws of a foreign government.
(5) Fees and charges
The Administrator and the Attorney General shall establish reasonable
fees and charges to cover expenses incurred in carrying out this
subsection. The amount of fees collected under this paragraph shall be
credited to the accounts in the Treasury from which such expenses were
incurred and shall be available to the Administrator and the Attorney
General for paying expenses for which such fees are collected.
(h) Employment standards
Not later than 270 days after November 16, 1990, the Administrator shall
prescribe standards for the hiring, continued employment, and contracting of
air carrier and, as appropriate, airport security personnel. Such standards
shall include--
(1) minimum training requirements for new employees;
(2) retraining requirements;
(3) minimum staffing levels;
(4) minimum language skills; and
(5) minimum education levels for employees, as appropriate.
(i) Human factors
The Administrator, in coordination with air carriers, airport operators,
and other interested persons shall review issues relating to human
performance in the aviation security system with the goal of maximizing such
performance. Upon completion of the review, the Administrator shall
recommend guidelines and prescribe appropriate changes to existing
procedures to improve such performance.
(j) Training of air carrier and airport security personnel
Not later than 180 days after November 16, 1990, the Administrator shall
prescribe standards for the education and training of--
(1) ground security coordinators;
(2) security supervisory personnel; and
(3) airline pilots as in-flight security coordinators.
Such standards shall include initial training, retraining, and continuing
education requirements and methods by which the performance of ground
security coordinators and security supervisory personnel shall be measured
annually.
(k) Foreign air carrier security programs
(1) Continuation of existing approval requirement
The Administrator shall continue in effect the requirement of section
129.25 of title 14, Code of Federal Regulations, that foreign air
carriers must adopt and use a security program approved by the
Administrator.
(2) Level of protection
The Administrator may approve a security program of a foreign air
carrier under the requirement referred to in paragraph (1) only if the
Administrator finds that the security program provides passengers of the
foreign air carrier with a similar level of protection as such
passengers would receive under the security programs of air carriers
serving the same airports. The Administrator shall require foreign air
carriers to employ procedures equivalent to those required of air
carriers serving the same airport if the Administrator determines that
such procedures are necessary to afford a similar level of protection as
is afforded passengers of the air carriers serving the same airport.
(3) Review of existing programs
Not later than 1 year after November 16, 1990, the Administrator shall
take such action as may be necessary to ensure that a security program of
a foreign air carrier approved by the Administrator before November 16,
1990 meets the requirement of paragraph (2).
(4) Annual report
The Administrator shall submit to Congress as part of the annual report
required by section 1356(a) of this Appendix an assessment of the steps
being taken, and the progress being made, in ensuring that foreign air
carrier security programs for airports outside the United States--
(A) at which the Administrator determines that a Foreign Security
Liaison Officer is necessary for air transportation security, and
(B) for which extraordinary security measures are in place,
are in compliance with this subsection.
(Pub. L. 85-726, title III, Sec. 316, as added Pub. L. 93-366, title II, Sec.
202, Aug. 5, 1974, 88 Stat. 415, and amended Pub. L. 101-370, Sec. 2,
Aug. 15, 1990, 104 Stat. 451; Pub. L. 101-508, title IX, Sec. 9121, Nov. 5,
1990, 104 Stat. 1388-370; Pub. L. 101-604, title I, Secs. 105(a), 107, Nov.
16, 1990, 104 Stat. 3071, 3076; Pub. L. 102-581, title II, Sec. 202, Oct. 31,
1992, 106 Stat. 4890.)
Codification
Section 316(d) of the Federal Aviation Act of 1958 is classified to 49 App.
U.S.C. 1357(d), not 49 App. U.S.C. 1351(d) as stated in directory language of
section 107 of Pub. L. 101-604.
Amendments
1992--Subsec. (c). Pub. L. 102-581 designated existing provisions as par.
(1) and added par. (2).
1990--Subsec. (d)(2). Pub. L. 101-508, Sec. 9121(1), inserted "security
or" before "research and development".
Pub. L. 101-508, Sec. 9121(2), substituted "subchapter" for "subsection".
Subsec. (g). Pub. L. 101-370 added subsec. (g).
Subsecs. (g)-(k). Pub. L. 101-604, Sec. 105(a), added subsec. (g) relating
to air carrier and airport security personnel and subsecs. (h)-(k).
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
Regulations
Section 105(c) of Pub. L. 101-604 provided that: "Not later than 180 days
after the date of the enactment of this Act [Nov. 16, 1990], the
Administrator of the Federal Aviation Administration shall issue regulations
implementing subsection (k)(2) of the Federal Aviation Act of 1958 (49
[App.] U.S.C. 1357 [(k)(2)]), as inserted by subsection (a) of this section."
Criminal History Record Checks
Pub. L. 102-143, title III, Sec. 346, Oct. 28, 1991, 105 Stat. 949,
provided that: "Not later than 180 days after the date of the enactment of
this legislation [October 28, 1991], the Administrator shall issue
regulations as may be necessary to carry out section 316(g) of the Federal
Aviation Act of 1958 (49 U.S.C. App. 1357), as amended. The processing of
criminal history record checks contained in section 316(g) shall begin not
later than 60 days after the issuance of the final regulations.".
Assessment of Threats to Domestic Airport Security
Section 106 of Pub. L. 101-604 provided that:
"(a) General Assessment.--The Administrator of the Federal Aviation
Administration and the Director of the Federal Bureau of Investigation shall
jointly conduct an assessment of current and potential threats to the
domestic air transportation system. Such assessment shall include
consideration of the extent to which there are individuals with the
capability and intent to carry out terrorist or related unlawful acts against
the domestic aviation system and the methods by which such individuals might
carry out such acts.
"(b) Analysis and Monitoring.--The Administrator of the Federal Aviation
Administration and the Director of the Federal Bureau of Investigation shall
jointly determine and implement the most effective method for continually
analyzing and monitoring security threats to the domestic air transportation
system.
"(c) Assessments With Respect to Individual Airports.--In coordination with
the Federal Bureau of Investigation, the Administrator of the Federal
Aviation Administration shall conduct periodic threat and vulnerability
assessments with respect to the security of individual airports which are
part of the domestic air transportation system. Each such assessment shall
include consideration of--
"(1) the adequacy of security procedures with respect to the handling
and transport of checked baggage, cargo, and mail;
"(2) space requirements for security personnel and equipment;
"(3) separation of screened and unscreened passengers, baggage, cargo,
and mail;
"(4) separation of the controlled and uncontrolled areas of airport
facilities; and
"(5) coordination of the activities of security personnel of the United
States Customs Service, the Immigration and Naturalization Service, the
Federal Aviation Administration, air carriers, and of other law
enforcement personnel.
"(d) Reports to Congress.--The Administrator of the Federal Aviation
Administration shall transmit to Congress for each of calendar years 1991 and
1992 an annual report on the progress being made and the problems occurring
in implementation of this section, together with recommendations for
improving domestic air transportation security.
"(e) Remedying Security Deficiencies.--The Administrator of the Federal
Aviation Administration shall take such actions as may be necessary to
improve domestic air transportation security by remedying any deficiencies in
such security discovered as a result of the assessments, analyses, and
monitoring conducted under this section.
"(f) Survey.--In developing airport construction guidelines under subsection
(d) of section 612 of the Federal Aviation Act of 1958 [49 App. U.S.C.
1432(d)], as added by section 110 of this Act, the Administrator shall take
into consideration the results of the assessment conducted under subsection
(a) of this section."
Sec. 1358. Airport security in Alaska; exemptions from requirements
The Adminsitrator is authorized to exempt from the provisions of sections
1356 and 1357 of this Appendix those airports in Alaska which receive service
only from air carriers operating under certificates granted by the Civil
Aeronautics Board under section 1371 of this Appendix, which operate aircraft
having a maximum certificated gross takeoff weight of less than 12,500
pounds, and which do not enplane any passenger, or any property intended to
be carried in the aircraft cabin, which passenger or property is moving in
air transportation and will not be subject to screening in accordance with
such section 1356 of this Appendix at an airport in Alaska before such
passenger or property is enplaned for any point outside Alaska.
(Pub. L. 85-726, title III, Sec. 317, as added Pub. L. 94-353, title I, Sec.
17(a), July 12, 1976, 90 Stat. 882.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1358a. Assistant Administrator of Civil Aviation Security
(a) Establishment of position
There is established the position of Assistant Administrator for Civil
Aviation Security.
(b) Authority of Administrator
The Assistant Administrator shall report directly to the Administrator and
shall be subject to the Administrator's direction and authority.
(c) Responsibilities
The responsibilities of the Assistant Administrator shall include--
(1) day-to-day management of and operational guidance to Federal
Aviation Administration field security resources, including Federal
Security Managers;
(2) enforcement of security-related requirements;
(3) identification of research and development requirements of
security-related activities;
(4) inspections of security systems;
(5) reporting to the Director of Intelligence and Security such
information as may be necessary to permit the Director to fulfill
assigned responsibilities;
(6) assessment of threats to civil aviation; and
(7) such other functions as the Administrator considers necessary and
appropriate.
(d) Measures to strengthen air transportation security
The Assistant Administrator shall review and, as necessary, develop
measures to strengthen air transportation security, including--
(1) measures to strengthen controls over checked baggage in air
transportation, such as measures to ensure baggage reconciliation and
inspection of items in baggage of passengers which could potentially
contain explosive devices;
(2) measures to strengthen control over individuals with access to
aircraft;
(3) measures to improve testing of security systems;
(4) measures to ensure the use of best available x-ray equipment for
air transportation security purposes; and
(5) measures to strengthen preflight screening of passengers.
(Pub. L. 85-726, title III, Sec. 318, as added Pub. L. 101-604, title I,
Sec. 103, Nov. 16, 1990, 104 Stat. 3069.)
Sec. 1358b. Federal Security Managers and Foreign Security Liaison Officers
(a) Federal Security Managers
(1) Establishment of position
Not later than 90 days after November 16, 1990, the Administrator shall
establish the position of Federal Security Manager for each airport in
the United States at which the Administrator determines that such a
Manager is necessary to meet the needs of air transportation security
and shall begin designating persons as such Managers and stationing such
Managers at such airports. In carrying out the requirements of this
section, the Administrator may assign the functions and responsibilities
described in this section to existing Federal Aviation Administration
field personnel and designate such personnel accordingly.
(2) 1-year stationing requirement
Not later than 1 year after November 16, 1990, the Administrator shall
have stationed a Federal Security Manager at each airport in the
United States which is designated by the Department of Transportation as
a category X airport.
(3) Responsibilities
The responsibilities of a Federal Security Manager with respect to an
airport shall include the following:
(A) Receipt of intelligence information relating to aviation
security.
(B) Ensuring and assisting in the development of a comprehensive
security plan for the airport--
(i) which establishes responsibilities of each such air carrier and
airport operator with respect to air transportation security at the
airport; and
(ii) which includes measures to be taken during periods of normal
airport operations and during periods when there is a need for
additional airport security, as determined by the Federal Security
Manager, and identifies the persons responsible for carrying out such
measures.
(C) Oversight and enforcement of implementation by air carriers and
airport operators of Federal security requirements, including the
comprehensive plan developed pursuant to subparagraph (B).
(D) Serving as the on-site coordinator of the response of the Federal
Aviation Administration to terrorist incidents and threats at the
airport.
(E) Coordination of day-to-day Federal activities relating to aviation
security at the airport.
(F) Coordination with local law enforcement efforts relating to
aviation security.
(G) Coordination of activities with Federal Security Managers at other
airports, as appropriate.
(4) Authority of Assistant Administrator
A Federal Security Manager shall report directly to the office of the
Assistant Administrator for Civil Aviation Security.
(5) Nonduplication of functions
When a Federal Security Manager is designated or stationed at an airport,
the Civil Aviation Security Field Officer shall not be assigned security
responsibilities at such airport.
(b) Foreign Security Liaison Officers
(1) Establishment of position
Not later than 90 days after November 16, 1990, the Administrator shall
establish the position of Foreign Security Liaison Officer for each
airport outside the United States at which the Administrator determines
that such an Officer is necessary for air transportation security and, in
coordination with the Secretary of State, shall begin assigning such
Officers.
(2) 2-year requirement
Not later than 2 years after November 16, 1990, the Administrator, in
coordination with the Secretary of State, shall assign Foreign Security
Liaison Officers for airports outside the United States where
extraordinary security measures are in place. The Secretary of State shall
give high priority to the stationing of such officers.
(3) Responsibilities
A Foreign Security Liaison Officer shall be responsible (A) for serving
as the liaison of the Assistant Administrator for Civil Aviation
Security with foreign security authorities (including foreign
governments and airport authorities) with respect to implementation of
Federal security requirements at the airport, and (B) to the extent
practicable, for performing the responsibilities set forth in subsection
(a)(3) of this section.
(4) Authority of Assistant Administrator
A Foreign Security Liaison Officer shall report directly to the office
of the Assistant Administrator for Civil Aviation Security.
(5) Coordination with Chief of United States Diplomatic Mission
The activities of a Foreign Security Liaison Officer shall be
coordinated with the chief of the United States diplomatic mission to
which the Officer is assigned. All activities of a Foreign Security
Liaison Officer pursuant to this subsection shall be consistent with the
authorities of the Secretary of State and the chief of mission to a
foreign country under sections 3927 and 4802 of title 22.
(c) Long-term implementation plan
Not later than 180 days after November 16, 1990, the Administrator shall
submit to Congress a plan to fully implement the requirements of this
section. Such plan shall include a schedule for implementation and an
assessment of personnel and funding needs.
(Pub. L. 85-726, title III, Sec. 319, as added Pub. L. 101-604, title I,
Sec. 104, Nov. 16, 1990, 104 Stat. 3070.)
Sec. 1358c. Deployment of explosive detection equipment
(a) General rule
No deployment or purchase of any explosive detection equipment pursuant to
section 108.7(b)(8) and 108.20 of title 14, Code of Federal Regulations, or
any similar rule, shall be required after November 16, 1990, unless the
Administrator certifies that, based on the results of tests conducted
pursuant to protocols developed in consultation with expert scientists from
outside the Federal Aviation Administration, such equipment alone or as part
of an integrated system can detect under realistic air carrier operating
conditions the amounts, configurations, and types of explosive material
which would be likely to be used to cause catastrophic damage to commercial
aircraft.
(b) Deadline for completion of tests
The tests referred to be in subsection (a) of this section shall be
completed not later than 18 months after November 16, 1990.
(c) Limited authority for interim deployment
Before completion of the tests referred to in subsection (a) of this
section, but in no event later than 18 months after November 16, 1990, the
Administrator may require the deployment of explosive detection equipment
referred to in subsection (a) of this section if the Administrator
determines that such deployment shall significantly enhance aviation
security. In making such determination, the Administrator shall take into
consideration, but not be limited to, such factors as the ability of such
equipment alone or as part of an integrated system to detect under realistic
air carrier operating conditions the amounts, configurations, and types of
explosive material that would likely be used to cause catastrophic damage to
commercial aircraft. The Administrator shall notify the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Public Works and Transportation of the House of Representatives of a
deployment decision made pursuant to this subsection.
(d) Limitation on statutory construction
Nothing in this section shall be construed as prohibiting the
Administrator from purchasing or deploying explosive detection equipment
referred to in subsection (a) of this section.
(Pub. L. 85-726, title III, Sec. 320, as added Pub. L. 101-604, title I,
Sec. 108, Nov. 16, 1990, 104 Stat. 3077.)
Sec. 1358d. Reporting of threats to civil aviation
(a) In general
Pursuant to such guidelines as the Secretary of Transportation shall
establish, an air carrier, airport operator, ticket agent, or individual
employed by such an entity, receiving information, other than through a
communication directed by the Federal Government, of a threat to civil
aviation, shall promptly provide such information to the Secretary or the
designee of the Secretary.
(b) Flight cancellations
In the event that a determination is made that a particular threat to
civil aviation cannot be addressed in a manner adequate to ensure, to the
extent feasible, the safety of the passengers and crew of a particular
flight or series of flights, the Administrator shall order the cancellation
of such flight or series of flights.
(c) Notification guidelines
(1) Public notification guidelines
Not later than 180 days after November 16, 1990, the President shall
develop guidelines for ensuring notification to the public of threats to
civil aviation in appropriate cases.
(2) Flight and cabin crew notification guidelines
Not later than 180 days after November 16, 1990, the Administrator shall
develop guidelines for ensuring notification of the flight and cabin
crews of an air carrier flight of threats to the security of such flight
in appropriate cases.
(d) Responsibilities
The guidelines developed under subsection (c)(1) of this section shall
identify officials responsible for--
(1) determining, on a case-by-case basis, if public notification of a
threat is in the best interest of the United States and the traveling
public;
(2) ensuring that public notification, when considered appropriate, is
made in a timely and effective manner, including the use of a toll-free
telephone number; and
(3) canceling the departure of a flight or series of flights under
subsection (b) of this section.
(e) Criteria
The guidelines developed pursuant to subsection (c)(1) of this section
shall provide for the consideration of--
(1) the specificity of the threat;
(2) the credibility of intelligence information related to the threat;
(3) the ability to effectively counter the threat;
(4) the protection of intelligence information sources and methods;
(5) cancellation, by an air carrier or the Administrator, of a flight
or series of flights instead of public notification;
(6) the ability of passengers and crew to take steps to reduce the
risk to their safety as a result of any notification; and
(7) such other factors as the Administrator considers appropriate.
(f) Selective notification prohibited
In no event shall there be notification of a threat to civil aviation to
only selective potential travelers unless such threat applies only to them.
(g) Distribution
The guidelines developed pursuant to subsection (c) of this section shall
be distributed for use by appropriate officials of the Department of
Transportation, the Department of State, the Department of Justice, and air
carriers.
(h) Access to information
The Administrator, in cooperation with agencies involved in the collection,
receipt, and analysis of intelligence information relating to aviation
security, shall develop procedures to minimize the number of individuals
having access to threat information. Any restrictions adopted pursuant to
this subsection shall not diminish the ability of the Federal Government to
effectively discharge its responsibilities relating to aviation security,
including notification of the public and flight and cabin crews under
subsection (c) of this section.
(Pub. L. 85-726, title III, Sec. 321, as added Pub. L. 101-604, title I,
Sec. 109(a), Nov. 16, 1990, 104 Stat. 3078.)
Intelligence
Section 111 of Pub. L. 101-604 provided that:
"(a) International Terrorism Reporting.--Not later than 180 days after the
date of the enactment of this Act [Nov. 16, 1990], the heads of the agencies
of the intelligence community shall promulgate policies and procedures to
ensure that intelligence reports concerning international terrorism are made
available, as appropriate, to other members of the intelligence community,
the Department of Transportation, and the Federal Aviation Administration.
"(b) Strategic Planning.--The intelligence community shall consider placing
greater emphasis on strategic intelligence efforts through the establishment
of a unit for strategic planning concerning terrorism.
"(c) Central Intelligence Agency Liaison.--At the request of the Secretary
of Transportation, the Director of Central Intelligence shall designate not
less than one intelligence officer of the Central Intelligence Agency to
serve in a senior staff position in the Office of the Secretary of the
Department of Transportation.
"(d) Review of Memorandums of Understanding.--Not later than 180 days after
the date of the enactment of this Act [Nov. 16, 1990], the intelligence
community, the Department of Transportation, and the Federal Aviation
Administration shall conduct a review of and, as appropriate, revise all
memorandums of understanding and other written working agreements between
the intelligence community and the Federal Aviation Administration.
"(e) Intelligence Community.--For purposes of this section, the term
'intelligence community' means the intelligence and intelligence-related
activities of the following agencies of the United States Government:
"(1) The Central Intelligence Agency.
"(2) The Department of Defense.
"(3) The Defense Intelligence Agency.
"(4) The National Security Agency.
"(5) The Department of the Army, the Department of the Navy, and the
Department of the Air Force.
"(6) The Department of State.
"(7) The Department of the Treasury.
"(8) The Department of Energy.
"(9) The Federal Bureau of Investigation.
"(10) The Drug Enforcement Administration."
Sec. 1359. Solicitation of funds or distribution of materials by individuals,
and religious, etc., organizations in airports operated by Administration
(a) Promulgation of regulations to regulate access to public areas
The Administrator of the Federal Aviation Administration (hereinafter
referred to as the "Administrator") shall, within 90 days after February 18,
1980, promulgate regulations for airports operated by the Administration to
regulate the access to public areas by individuals or by religious and
nonprofit organizations (as defined in section 501(c)(3) of title 26) for the
purpose of soliciting funds or distributing materials.
(b) Suggested permit and application process for regulations; regulatory
criteria
In promulgating regulations under this section the Administrator shall
consider requiring any individual or organization described in subsection (a)
of this section to submit an application for a permit to engage in the
soliciting of funds or the distribution of materials. In considering such an
application the Administrator may require that--
(1) a responsible individual representative of the applicant shall be
designated to represent the organization,
(2) each individual participating in any solicitation or distribution
will display a proper identification approved by the Administrator,
(3) the number of individuals engaged in any solicitation or distribution
at any one time shall not exceed a reasonable number, in keeping with the
need for free movement in and operation of the airports as provided for by
the permit,
(4) the solicitation or distribution be confined to limited areas and
times, and
(5) no individual or organization which holds a permit under this section
shall be permitted to--
(A) use sound amplification or display signs (other than signs approved
by the Administrator);
(B) intentionally interfere with users of the airport;
(C) engage in the use of indecent or obscene remarks or conduct; or
(D) engage in the use of loud, threatening, or abusive language
intended to coerce, intimidate or disturb the peace.
(c) Additional suggestions for permit process
(1) The Administrator shall consider requiring that a copy of a permit (if
such is required) be conspicuously posted in the area in which any
solicitation or distribution is permitted.
(2) The Administrator shall consider whether revocation of approval for any
permit if required and approved under this section should occur for any
violation of any rule or regulation promulgated hereunder.
(d) Submission of proposed regulations to Congress
Regulations intended to be promulgated under this section shall be
submitted to Congress within 30 days after February 18, 1980.
(Pub. L. 96-193, title V, Sec. 501, Feb. 18, 1980, 94 Stat. 58.)
Codification
Section was enacted as part of the Aviation Safety and Noise Abatement Act
of 1979, and not as part of the Federal Aviation Act of 1958 which comprises
this chapter.
SUBCHAPTER IV--AIR CARRIER ECONOMIC REGULATION
Sec. 1371. Certificate of public convenience and necessity
(a) Essentiality
No air carrier shall engage in any air transportation unless there is in
force a certificate issued by the Board authorizing such air carrier to
engage in such transportation.
(b) Application
Application for a certificate shall be made in writing to the Board, shall
be in such form and contain such information, and shall be accompanied by
such proof of service upon such interested persons, as the Board shall by
regulation require, and upon any community affected.
(c) Route applications; public notice; filing of protest or memorandum; final
order
(1) Upon the filing of any application pursuant to subsection (b) of this
section, the Board shall give due notice thereof to the public by posting a
notice of such application in the office of the secretary of the Board and to
such other persons as the Board may by regulation determine. The Board
shall--
(A) set such application for a public hearing;
(B) begin to make a determination with respect to such application under
the simplified procedures established by the Board in regulations pursuant
to subsection (p) of this section; or
(C) dismiss such application on the merits;
not later than ninety days after the date the application is filed with the
Board. Any interested person may file with the Board a protest or memorandum
of opposition to or in support of the issuance of the certificate requested
by such application. Any order of dismissal of an application issued by the
Board without setting such application for a hearing or beginning to make a
determination with respect to such application under such simplified
procedures, shall be deemed a final order subject to judicial review in
accordance with the provisions of section 1486 of this Appendix.
(2) If the Board determines that any application should be set for a public
hearing under clause (A) of the second sentence of paragraph (1) of this
subsection, an initial or recommended decision shall be issued not later than
one hundred and fifty days after the date of such determination by the Board.
Not later than ninety days after the initial or recommended decision is
issued, the Board shall make its final order with respect to such
application. If the Board does not act within such ninety-day period--
(A) in the case of an application for a certificate to engage in
interstate or overseas air transportation, the initial or recommended
decision shall become the final decision of the Board and shall be subject
to judicial review in accordance with the provisions of section 1486 of
this Appendix; and
(B) in the case of an application for a certificate to engage in foreign
air transportation, the initial or recommended decision shall be
transmitted to the President pursuant to section 1461 of this Appendix.
(3) Not later than the one-hundred-eightieth day after the Board begins to
make a determination with respect to an application under the simplified
procedures established by the Board in regulations pursuant to subsection (p)
of this section, the Board shall issue its final order with respect to such
application.
(4) If an applicant fails to meet the procedural schedule adopted by the
Board in a particular proceeding, the applicable period prescribed in
paragraph (2) or (3) of this subsection may be extended by the Board for a
period equal to the period of delay caused by the applicant. In addition to
any extension authorized by the preceding sentence, in extraordinary
circumstances, the Board may, by order delay an initial or recommended
decision for not to exceed thirty days beyond the final date on which the
decision is required to be made.
(d) Issuance of certificate; through service and joint fares; unused
authority; fill-up rights; automatic market entry; experimental
certificates; determinations
(1) The Board shall issue a certificate authorizing the whole or any part
of the transportation covered by the application, if it finds that the
applicant is fit, willing, and able to perform such transportation properly
and to conform to the provisions of this chapter and the rules, regulations,
and requirements of the Board hereunder, and that such transportation is
consistent with the public convenience and necessity; otherwise such
application shall be denied.
(2) In the case of an application for a certificate to engage in temporary
air transportation, the Board may issue a certificate authorizing the whole
or any part thereof for such limited periods as is consistent with the public
convenience and necessity, if it finds that the applicant is fit, willing,
and able properly to perform such transportation and to conform to the
provisions of this chapter and the rules, regulations, and requirements of
the Board hereunder.
(3) In the case of an application for a certificate to engage in charter
air transportation, the Board may issue a certificate to any applicant, not
holding a certificate under paragraph (1) or (2) of this subsection on
January 1, 1977, authorizing interstate air transportation of persons, which
authorizes the whole or any part thereof for such periods, as is consistent
with the public convenience and necessity, if it finds that the applicant is
fit, willing, and able properly to perform the transportation covered by the
application and to conform to the provisions of this chapter and the rules,
regulations, and requirements of the Board hereunder.
(4)(A) Notwithstanding any other provision of this chapter, any citizen of
the United States who undertakes, within any State, the carriage of persons
or property as a common carrier for compensation or hire with aircraft
capable of carrying thirty or more persons pursuant to authority for such
carriage within such State granted by the appropriate State agency is
authorized--
(i) to establish services for persons and property which includes
transportation by such citizen over its routes in such State and
transportation by an air carrier or a foreign air carrier in air
transportation; and
(ii) subject to the requirements of section 1382 of this Appendix, to
enter into an agreement with any air carrier or foreign air carrier for the
establishment of joint fares, rates, or services for such through services.
(B) The joint fares or rates established under clause (ii) of subparagraph
(A) of this paragraph shall be the lowest of--
(i) the sum of the applicable fare or rate for service in the State
approved by the appropriate State agency, and the applicable fare or rate
for that part of the through service provided by the air carrier or foreign
air carrier;
(ii) a joint fare or rate established and filed in accordance with
section 1373 of this Appendix; or
(iii) a joint fare or rate established by the Board in accordance with
section 1482 of this Appendix.
(5)(A) Except as provided in subparagraphs (B) and (G)(i) of this
paragraph, if an air carrier is authorized by its certificate to provide
round trip service nonstop each way between any two points in the forty-eight
contiguous States or between any two points in overseas air transportation
and if such air carrier fails to provide such service pursuant to published
flight schedules at a minimum of five round trips per week for at least
thirteen weeks during any twenty-six-week period (other than such a period
during which service was interrupted by a labor dispute which lasted more
than six weeks) the last day of which ends on or after October 24, 1978, and
if such service, at a minimum of five round trips per week, has been provided
between such points for at least thirteen weeks during such twenty-six-week
period, pursuant to published flight schedules, by no more than one other air
carrier, then the Board shall issue a certificate to the first applicant who,
within thirty days after the last day of such twenty-six-week period, submits
an application which certifies that its aircraft meet all requirements
established by the Secretary of Transportation for the carriage by aircraft
of persons or property as a common carrier for compensation or hire or the
carriage of mail by aircraft in commerce and that it is able to conform to
the rules, regulations, and requirements of the Board promulgated pursuant to
this chapter.
(B) Except as provided in subparagraph (G)(ii) of this paragraph, if an air
carrier is authorized to provide seasonal round trip service nonstop each way
between any two points in the forty-eight contiguous States in interstate air
transportation or between any two points in overseas air transportation and
if such air carrier fails to provide such service pursuant to published
flight schedules at a minimum of five round trips per week during half of the
weeks during such season (other than such a season during which service was
interrupted by a labor dispute which lasted more than 25 per centum of such
season) the last day of which ends on or after October 24, 1978 and if such
service, at a minimum of five round trips per week, has been provided between
such points for at least half of the weeks during such season, pursuant to
published flight schedules, by no more than one other air carrier, then the
Board shall issue a certificate to the first applicant who, within thirty
days after the last day of such season, submits an application which
certifies that its aircraft meet all requirements established by the
Secretary of Transportation for the carriage by aircraft of persons or
property as a common carrier for compensation or hire or the carriage of mail
by aircraft in commerce and that it is able to conform to the rules,
regulations, and requirements of the Board promulgated pursuant to this
chapter.
(C) With respect to any application which is submitted pursuant to
subparagraph (A) or (B) of this paragraph, except as provided in subparagraph
(G), the Board shall issue a final order granting such certificate within
fifteen days of the date of such application.
(D) Except as provided in subparagraphs (E) and (G)(i) of this paragraph,
if an air carrier is authorized by its certificate to provide round trip
service nonstop each way between any two points in the forty-eight contiguous
States or between any two points in overseas air transportation and if such
air carrier fails to provide such service pursuant to published flight
schedules at a minimum of five round trips per week for at least thirteen
weeks during any twenty-six-week period (other than such a period during
which service was interrupted by a labor dispute which lasted more than six
weeks) the last day of which ends on or after October 24, 1978 and if such
service, at a minimum of five round trips per week, has been provided between
such points for at least thirteen weeks during such twenty-six-week period,
pursuant to published flight schedules, by two or more other air carriers,
then the Board, subject to subparagraph (F) of this paragraph, shall issue a
certificate to the first applicant who, within thirty days after the last day
of such twenty-six-week period, submits an application which certifies that
its aircraft meet all requirements established by the Secretary of
Transportation for the carriage by aircraft of persons or property as a
common carrier for compensation or hire or the carriage of mail by aircraft
in commerce and that it is able to conform to the rules, regulations, and
requirements of the Board promulgated pursuant to this chapter.
(E) Except as provided in subparagraph (G)(ii) of this paragraph, if an air
carrier is authorized to provide seasonal round trip service nonstop each way
between any two points in the forty-eight contiguous States in interstate air
transportation or between any two points in overseas air transportation and
if such air carrier fails to provide such service pursuant to published
flight schedules at a minimum of five round trips per week during half of the
weeks during such season (other than such a season during which service was
interrupted by a labor dispute which lasted more than 25 per centum of such
season) the last day of which ends on or after October 24, 1978 and if such
service, at a minimum of five round trips per week, has been provided between
such points for at least half of the weeks during such season, pursuant to
published flight schedules, by two or more other air carriers, then the
Board, subject to subparagraph (F) of this paragraph, shall issue a
certificate to the first applicant who, within thirty days after the last day
of such season, submits an application which certifies that its aircraft meet
all requirements established by the Secretary of Transportation for the
carriage by aircraft of persons or property as a common carrier for
compensation or hire or the carriage of mail by aircraft in commerce and that
it is able to conform to the rules, regulations, and requirements of the
Board promulgated pursuant to this chapter.
(F)(i) Except as provided in subparagraph (G) of this paragraph, with
respect to any application which is submitted pursuant to subparagraph (D) or
(E) of this paragraph, the Board shall issue a final order granting such
certificate within sixty days of the date of such application, unless the
Board finds that the issuance of such certificate is inconsistent with the
public convenience and necessity. Prior to issuing such final order, the
Board shall afford adequate notice and opportunity for interested persons to
file appropriate written evidence and argument, but the Board need not hold
oral evidentiary hearings.
(ii) For purposes of clause (i) of this subparagraph, there shall be a
rebuttable presumption that any transportation covered by an application for
a certificate submitted pursuant to subparagraph (D) or (E) of this paragraph
is consistent with the public convenience and necessity.
(G)(i) If, after the failure of any air carrier to provide the minimum
level of service between any pair of points for the period of time specified
in subparagraph (A) or (D) of this paragraph and before the Board receives an
application from any applicant for a certificate under such subparagraph to
provide air transportation between such points, the Board receives notice
from such air carrier that it intends to commence service within thirty days
of such notice and to provide a minimum of five round trips per week for
thirteen consecutive weeks between such points and the Board has not
previously received notice from such air carrier with respect to such points,
the Board shall not approve such application for a certificate to provide
service between such points during such thirteen-week period based upon such
failure, unless such air carrier fails to provide such service during such
thirteen-week period.
(ii) If, after the failure of any air carrier to provide the minimum level
of service between any pair of points for the period of time specified in
subparagraph (B) or (E) of this paragraph and before the Board receives an
application from any applicant for a certificate under such subparagraph to
provide air transportation between such points, the Board receives notice
from such air carrier that it intends to commence service within fifteen days
of the first day of the next season and to provide a minimum of five round
trips per week for the first half of such season between such points and the
Board has not previously received notice from such air carrier with respect
to such points, the Board shall not approve such application for a
certificate to provide service between such points during the first half of
such period based upon such failure, unless such air carrier fails to provide
such service during the first half of such period.
(H)(i) Whenever the Board issues a certificate pursuant to subparagraph (A)
or (D) of this paragraph, the air carrier receiving such certificate shall
commence service pursuant to such certificate within forty-five days of such
issuance. If such air carrier fails to commence service within such period,
the Board shall revoke such certificate.
(ii) Whenever the Board issues a certificate pursuant to subparagraph (B)
or (E) of this paragraph to provide seasonal service, the air carrier
receiving such certificate shall commence service pursuant to such
certificate within fifteen days after the beginning of the first such season
which begins on or after the date of such issuance. If such air carrier fails
to commence service within such period, the Board shall revoke such
certificate.
(I) Not more than one certificate shall be issued under this paragraph for
round trip nonstop service between two points in interstate air
transportation based upon the failure of the same air carrier to provide such
service between such points.
(J) Whenever the Board issues a certificate pursuant to subparagraph (A) of
this paragraph based upon the failure of any air carrier to provide the round
trip service described in such subparagraph, the Board shall suspend the
authority of such air carrier to provide such service, and suspend the
authority of any other air carrier which failed to provide such service
during the same twenty-six-week period for twenty-six weeks after the date of
issuance of such certificate pursuant to subparagraph (A), or until such time
within such twenty-six weeks as the air carrier to which a certificate is
issued under such subparagraph fails to provide such service at a minimum of
five round trips per week for at least thirteen weeks, whichever first
occurs, except that the Board shall not suspend the authority of such air
carriers under this subparagraph if the Board finds that such suspension is
not necessary to encourage continued service between such points by the air
carrier which received a certificate under subparagraph (A).
(6) Any air carrier holding a valid certificate to engage in foreign air
transportation is authorized, on any scheduled flight in foreign air
transportation, to transport persons, property, and mail between points in
the United States between which it is authorized to operate during such
flight. The authority described in the preceding sentence shall be limited to
one round-trip flight per day between any such pair of points, unless the
Board authorizes more than one round-trip flight per day between any such
pair of points.
(7)(A) After the first business day of each of the calendar years 1979,
1980, and 1981 and before the thirtieth day of such calendar year--
(i) any air carrier which (I) has operated during the preceding calendar
year in accordance with a certificate issued by the Board under this
section which has been in force during such entire preceding calendar year,
and (II) has provided air transportation of persons during such calendar
year; and
(ii) any intrastate air carrier which has a valid certificate or license
issued by a State regulatory authority to engage in intrastate air
transportation and which has operated more than one hundred million
available seat-miles in intrastate air transportation in the preceding
calendar year;
may apply to the Board for a certificate under this subparagraph to engage in
nonstop service between any one pair of points in interstate or overseas air
transportation (other than a pair of points either point of which is in the
State of Hawaii) in addition to any pair of points authorized by any existing
certificate or license held by such air carrier or intrastate air carrier,
except that no air carrier may apply to engage in nonstop service between
such pair of points if any air carrier has filed written notice to the Board
pursuant to subparagraph (C) of this paragraph with respect to such pair of
points. Not later than the sixtieth day after the date on which the Board
receives an application from an applicant under this subparagraph, the Board
shall issue a certificate to such applicant for the nonstop service specified
in such application, unless within such sixty-day period the Board determines
that the applicant is not fit, willing, and able to provide such nonstop
service and to conform to the provisions of this chapter and the rules,
regulations, and requirements of the Board issued under this chapter.
(B) Not later than the one-hundred-twentieth day of calendar year 1979,
1980, or 1981, any air carrier which submitted an application to the Board in
accordance with subparagraph (A) of this paragraph in such calendar year
and--
(i) which did not receive a certificate to provide service between the
pair of points set forth in the application because of a determination by
the Board under such subparagraph (A); or
(ii) which received a certificate to provide service between such pair of
points, but was not the only air carrier to receive a certificate under
such subparagraph (A) during such calendar year to provide nonstop service
between such pair of points;
may reapply to the Board for a certificate to engage in nonstop service
between any one pair of points in interstate or overseas air transportation
(other than the pair of points specified in the first application submitted
to the Board by such air carrier in such calendar year and other than a pair
of points either point of which is in the State of Hawaii) in addition to any
pair of points authorized by any existing certificate or license held by such
air carrier or intrastate air carrier, except that no air carrier may apply
to engage in nonstop service between such pair of points if any air carrier
has filed written notice to the Board pursuant to subparagraph (C) of this
paragraph with respect to such pair of points. Not later than the sixtieth
day after the date on which the Board receives an application under this
subparagraph, the Board shall issue a certificate to the applicant for such
nonstop service, unless within such sixty-day period the Board makes a
determination with respect to the issuance of such certificate in accordance
with the second sentence of subparagraph (A) of this paragraph. If the Board
issues a certificate to an applicant under this subparagraph, it shall revoke
any authority in any certificate which it granted to such applicant in the
same calendar year under subparagraph (A) of this paragraph.
(C)(i) Subject to clause (ii) of this subparagraph, any air carrier which
is authorized pursuant to paragraph (1) or (2) of this subsection to engage
in nonstop service between any pair of points in interstate or overseas air
transportation on the first business day of calendar year 1979, 1980, or 1981
and which wants to preclude any other air carrier from obtaining authority
under subparagraph (A) or (B) of this paragraph to engage in nonstop service
between such pair of points during such calendar year may, on such day, file
written notice to the Board which sets forth such pair of points. Upon
receipt of any written notice under the preceding sentence, the Board shall
make such notice available to the public.
(ii) No air carrier may file a written notice under clause (i) of this
subparagraph during any calendar year with respect to more than one pair of
points in interstate or overseas air transportation.
(D)(i) The Board shall, on an emergency basis, by rule, modify the program
established by this paragraph, if the Board finds that--
(I) the operation of such program is causing substantial public harm to
the national air transportation system, or a substantial reduction in air
service to small and medium sized communities in any region of the country;
(II) the modification proposed by the Board is required by the public
convenience and necessity in order to alleviate such harm or reduction; and
(III) such harm or reduction identified by the Board cannot be rectified
by any reasonably available means other than the modification proposed by
the Board.
Any emergency modification proposed by the Board under this subparagraph
shall modify such program only to the minimum extent necessary to rectify the
harm or reduction identified by the Board. Any emergency modification of such
program may be limited to any pair of points.
(ii) The findings of fact by the Board in any proceeding held pursuant to
this subparagraph, if supported by substantial evidence, shall be conclusive.
No objection to a modification of the program proposed by the Board under
this subparagraph shall be considered by a court unless such objection shall
have been submitted to the Board, of /1/ if it was not so submitted, unless
there were reasonable grounds for failure to do so.
NOTE /1/ So in original. Probably should be "or".
(E) The Board shall conduct a study of the procedure for certification of
air carriers and intrastate air carriers set forth in subparagraphs (A) and
(B) of this paragraph to evaluate--
(i) whether such procedure is consistent with the criteria set forth in
section 1302 of this Appendix; and
(ii) the relative effectiveness of such procedure as compared with other
procedures for certification set forth in this chapter, including but not
limited to, the procedures set forth in paragraphs (5) and (6) of this
subsection and in subsection (p) of this section.
Not later than December 31, 1980, the Board shall complete such study and
report the results of such study to the Congress.
(8) The Board may grant an application under subsection (d)(1), (2), or (3)
of this section (whether the application be for permanent or temporary
authority) for only a temporary period of time whenever the Board determines
that a test period is desirable in order to determine if projected services,
efficiencies, methods, rates, fares, charges, or other projected results will
in fact materialize and remain for a sustained period of time, or to assess
the impact of the new services on the national air route structure, or
otherwise to evaluate the proposed new services. In any case where the Board
has issued a certificate under any one of such subsections on the basis that
the air carrier holding such certificate will provide innovative or low-
priced air transportation under such certificate, the Board, upon petition,
or its own motion, may review the performance of such air carrier, and may
alter, amend, modify, suspend, or revoke such certificate or authority in
accordance with the procedures prescribed in subsection (g) of this section,
on the grounds that such air carrier has not provided, or is not providing,
such air transportation.
(9)(A) In any determination as to whether or not any applicant is fit,
willing, and able to perform properly the air transportation specified in the
application for a certificate described in paragraph (1)(A), (2)(A), or
(3)(A) of this subsection and to conform to the provisions of this chapter,
the applicant shall have the burden of showing that it is so fit, willing,
and able.
(B) In any determination as to whether the air transportation specified in
any application for a certificate described in paragraph (1)(A), (2)(A), or
(3)(A) of this subsection is or is not consistent with the public convenience
and necessity, an opponent of the application shall have the burden of
showing that such air transportation is not consistent with the public
convenience and necessity.
(C) Transportation covered by any application for a certificate described
in paragraph (1)(A), (2)(A), or (3)(A) of this subsection shall, for the
purposes of such paragraphs, be deemed to be consistent with the public
convenience and necessity, unless the Board finds based upon a preponderance
of the evidence that such transportation is not consistent with the public
convenience and necessity.
(e) Terms and conditions; removal of restrictions
(1) Each certificate issued under this section shall specify the terminal
points and intermediate points, if any, between which the air carrier is
authorized to engage in air transportation and the service to be rendered;
and there shall be attached to the exercise of the privileges granted by the
certificate, or amendment thereto, such reasonable terms, conditions, and
limitations as the public interest may require.
(2) A certificate issued under this section to engage in foreign air
transportation shall designate the terminal and intermediate points only
insofar as the Board shall deem practicable, and otherwise shall designate
only the general route or routes to be followed. Any air carrier holding a
certificate for foreign air transportation shall be authorized to handle and
transport mail of countries other than the United States.
(3) A certificate issued under this section to engage in foreign charter
air transportation shall designate the terminal and intermediate points only
insofar as the Board shall deem practicable and otherwise shall designate
only the geographical area or areas within or between which service may be
rendered.
(4) No term, condition, or limitation of a certificate shall restrict the
right of an air carrier to add to or change schedules, equipment,
accommodations, and facilities for performing the authorized transportation
and service as the development of the business and the demands of the public
shall require.
(5) No air carrier shall be deemed to have violated any term, condition, or
limitation of its certificate by landing or taking off during an emergency at
a point not named in its certificate or by operating in an emergency, under
regulations which may be prescribed by the Board, between terminal and
intermediate points other than those specified in its certificate.
(6) Any air carrier, other than a charter air carrier, may perform charter
trips (including inclusive tour charter trips) or any other special service,
without regard to the points named in its certificate, or the type of service
provided therein, under regulations prescribed by the Board.
(7)(A) On and after October 24, 1978, the Board shall not attach a closed-
door restriction to any certificate issued under this section. Any closed-
door restriction attached to any certificate issued before such date shall,
on and after such date, have no force or effect. This subparagraph shall not
apply to (i) a closed-door restriction applicable to air transportation
between two points both of which are in the State of Hawaii, or (ii) a
closed-door restriction in effect on such date which resulted from a sale,
exchange, or transfer by any air carrier of its authority to provide air
transportation to another air carrier.
(B) Upon application of any air carrier seeking removal or modification of
a term, condition, or limitation attached to a certificate issued under this
section to engage in interstate, overseas, or foreign air transportation, the
Board shall, within sixty days after the filing of such application, set such
application for oral evidentiary hearings on the record or begin to consider
such application under the simplified procedures established by the Board in
regulations pursuant to subsection (p) of this section for purposes of
eliminating or modifying any such term, condition, or limitation which it
finds is inconsistent with the criteria set forth in section 1302 of this
Appendix. Applications under this paragraph shall not be subject to dismissal
pursuant to subsection (c)(1) of this section.
(C) For purposes of this paragraph, the term "closed-door restriction"
means any condition attached to a certificate to provide interstate or
overseas air transportation issued to any air carrier under this section
which prohibits such air carrier from providing local passenger service
between any pair of points between which it is authorized to operate pursuant
to such certificate.
(f) Effective date and duration
Each certificate shall be effective from the date specified therein, and
shall continue in effect until suspended or revoked as provided in this
section, or until the Board shall certify that operation thereunder has
ceased, or, if issued for a limited period of time under subsection (d)(2) of
this section, shall continue in effect until the expiration thereof, unless,
prior to the date of expiration, such certificate shall be suspended or
revoked as provided herein, or the Board shall certify that operations
thereunder have ceased.
(g) Alteration, amendment, modification, suspension, or revocation
(1) The Board upon petition or complaint or upon its own initiative, after
notice and hearings, or pursuant to the simplified procedures under
subsection (p) of this section, may alter, amend, modify, or suspend any such
certificate, in whole or in part, if the public convenience and necessity so
require, or may revoke any such certificate, in whole or in part, for
intentional failure to comply with any provision of this subchapter or any
order, rule, or regulation issued hereunder or any term, condition, or
limitation of such certificate. No such certificate shall be revoked unless
the holder thereof fails to comply, within a reasonable time to be fixed by
the Board, with an order of the Board commanding obedience to the provision,
or to the order (other than an order issued in accordance with this
sentence), rule, regulation, term, condition, or limitation found by the
Board to have been violated. No certificate to engage in foreign air
transportation may be altered, amended, modified, suspended, or revoked
pursuant to the simplified procedures of subsection (p) of this section if
the holder of such certificate requests an oral evidentiary hearing or the
Board finds that, under all the facts and circumstances, an oral evidentiary
hearing is required in the public interest.
(2) Any interested person may file with the Board a protest or memorandum
in support of or in opposition to the alteration, amendment, modification,
suspension, or revocation of a certificate pursuant to paragraph (1) of this
subsection.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, the
Board may suspend or revoke authority of an air carrier to serve any point in
foreign air transportation authorized in a certificate issued under this
section, upon notice and with a reasonable opportunity for the affected
carrier to present its views, but without hearing, if the carrier has
notified the Board in accordance with subsection (j) of this section or any
regulation of the Board that it proposes to suspend all service provided by
that carrier to such point, or, except at a point which is provided seasonal
service comparable to that provided during the previous year, if the carrier
has failed to provide any regularly scheduled service to the point for 90
days preceding the date of the Board's notice to the carrier of its proposed
action.
(h) Transfer
(1) No certificate may be transferred unless such transfer is approved by
the Board as being consistent with the public interest.
(2) Certification
The Secretary of Transportation shall, upon any transfer of a
certificate, certify to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public Works and
Transportation of the House of Representatives that the transfer is
consistent with the public interest.
(3) Accompanying report
A certification under this subsection shall be accompanied by a report
analyzing the effects of the transfer on--
(A) the viability of each of the carriers involved in the transfer;
(B) competition in the domestic airline industry,/2/ and
NOTE /2/ So in original. Probably should be "industry;".
(C) the trade position of the United States in the international air
transportation market.
(i) Rights in the use of airspace, airways, landing areas, or air-navigation
facilities
No certificate shall confer any proprietary, property, or exclusive right
in the use of any airspace, Federal airway, landing area, or air-navigation
facility.
(j) Terminations, reductions, and suspensions of service
(1) No air carrier holding a certificate issued under this section shall--
(A) terminate or suspend all air transportation which it is providing to
a point under such certificate; or
(B) reduce any such air transportation below that which the Board has
determined to be essential air transportation for such point;
unless such air carrier has first given the Board, any community affected,
and the State agency of the State in which such community is located, at
least 90 days notice of its intent to so terminate, suspend, or reduce such
air transportation. The Board may, by regulation or otherwise, authorize such
temporary suspension of service as may be in the public interest.
(2) If an air carrier holding a certificate issued pursuant to this section
proposes to terminate or suspend nonstop or single-plane air transportation
between two points being provided by such air carrier under such certificate,
and such air carrier is the only air carrier certificated pursuant to this
section providing nonstop or single-plane air transportation between such
points, at least sixty days before such proposed termination or suspension,
such air carrier shall file with the Board and serve upon each community to
be directly affected notice of such termination or suspension.
(k) Compliance with labor legislation
(1) Every air carrier shall maintain rates of compensation, maximum hours,
and other working conditions and relations of all of its pilots and copilots
who are engaged in interstate air transportation within the continental
United States (not including Alaska) so as to conform with decision numbered
83 made by the National Labor Board on May 10, 1934, notwithstanding any
limitation therein as to the period of its effectiveness.
(2) Every air carrier shall maintain rates of compensation for all of its
pilots and copilots who are engaged in overseas or foreign air transportation
or air transportation wholly within a Territory or possession of the United
States, the minimum of which shall be not less, upon an annual basis, than
the compensation required to be paid under said decision 83 for comparable
service to pilots and copilots engaged in interstate air transportation
within the continental United States (not including Alaska).
(3) Nothing herein contained shall be construed as restricting the right of
any such pilots or copilots, or other employees, of any such air carrier to
obtain by collective bargaining higher rates of compensation or more
favorable working conditions or relations.
(4) It shall be a condition upon the holding of a certificate by any air
carrier that such carrier shall comply with title II of the Railway Labor
Act, as amended [45 U.S.C. 181 et seq.].
(5) The term "pilot" as used in this subsection shall mean an employee who
is responsible for the manipulation of or who manipulates the flight controls
of an aircraft while under way including takeoff and landing of such
aircraft, and the term "copilot" as used in this subsection shall mean an
employee any part of whose duty is to assist or relieve the pilot in such
manipulation, and who is properly qualified to serve as, and hold a currently
effective airman certificate authorizing him to serve as, such pilot or
copilot.
(l) Carriage of mail
Whenever so authorized by its certificate, any air carrier shall provide
necessary and adequate facilities and service for the transportation of mail,
and shall transport mail whenever required by the United States Postal
Service. Such air carrier shall be entitled to receive reasonable
compensation therefor as hereinafter provided.
(m) Application for new mail service
Whenever, from time to time, the United States Postal Service shall find
that the needs of the United States Postal Service require the transportation
of mail by aircraft between any points within the United States or between
the United States and foreign countries, in addition to the transportation of
mail authorized in certificates then currently effective, the United States
Postal Service shall certify such finding to the Board and file therewith a
statement showing such additional service and the facilities necessary in
connection therewith, and a copy of such certification and statement shall be
posted for at least twenty days in the office of the secretary of the Board.
The Board shall, after notice and hearing, and if found by it to be required
by the public convenience and necessity, make provision for such additional
service, and the facilities necessary in connection therewith, by issuing a
new certificate or certificates or by amending an existing certificate or
certificates in accordance with the provisions of this section.
(n) Additional powers and duties of Board with respect to charter air
carriers
(1) Omitted
(2) No rule, regulation, or order issued by the Board shall restrict the
marketability, flexibility, accessibility, or variety of charter trips
provided under a certificate issued under this section except to the extent
required by the public interest, and shall in no event be more restrictive
than those regulations regarding charter air transportation in effect on
October 1, 1978.
(3) Notwithstanding any other provision of this subchapter, no certificate
issued under this section shall authorize the holder thereof to provide
charter air transportation between two points within the State of Alaska
unless, and then only to the extent to which, the Board, in issuing or
amending such certificate, may authorize after determining that such charter
air transportation is required by the public convenience and necessity. This
subsection shall not apply to a certificate issued under this section to a
person who, before July 1, 1977, maintained its principal place of business
within the State of Alaska and conducted air transport operations between
points within the State of Alaska with aircraft having a certificated gross
takeoff weight of more than 40,000 pounds.
(4) No certificate issued under this section shall permit a charter air
carrier to sell or offer for sale an inclusive tour in air transportation by
selling or offering for sale individual tickets directly to members of the
general public, or to do so indirectly by controlling, being controlled by,
or under common control with, a person authorized by the Board to make such
sales.
(5) In any case in which the Board determines that the failure of a charter
air carrier to comply with the provisions of subsection (q) or (r) of this
section, or regulations or orders of the Board thereunder, requires, in the
interest of the rights, welfare, or safety of the public, immediate
suspension of such carrier's certificate, the Board shall suspend such
certificate, in whole or in part, without notice or hearing, for not more
than thirty days. The Board shall immediately enter upon a hearing to
determine whether such certificate should be modified, suspended, or revoked
and, pending the completion of such hearing, the Board may further suspend
such certificate for additional periods aggregating not more than sixty days.
If the Board determines that a carrier whose certificate is suspended under
this paragraph comes into compliance with the provisions of subsections (q)
and (r) of this section, and regulations and orders of the Board thereunder,
the Board may immediately terminate the suspension of such certificate and
any pending proceeding commenced under this paragraph, but nothing in this
sentence shall preclude the Board from imposing on such carrier a civil
penalty for any violation of such provisions, regulations, or orders.
(6) The Board shall prescribe such regulations and issue such orders as may
be necessary to carry out the provisions of this subsection.
(o) Interstate air transportation of persons or property
(1) Except as provided in paragraph (2) of this subsection, transportation
of persons or property by transport category aircraft in interstate air
transportation procured by the Department of Defense, including military
departments within such Department, through contracts of more than 30 days
duration for airlift service within the United States, shall be provided only
by carriers which (1) have aircraft in the civil reserve air fleet or offer
to place aircraft in such fleet, and (2) hold certificates under this
section. Applications for certification under subsection (a) of this section
for the purpose of providing the service referred to in this subsection shall
be acted on expeditiously by the Board.
(2) In any case in which the Secretary of Defense determines that no air
carrier certificated under subsection (a) of this section is capable of
providing and willing to provide the type of service described in paragraph
(1) of this subsection, he may contract with an air carrier which does not
hold a certificate under this section.
(p) Procedures for processing applications
(1) The Board shall promulgate rules establishing simplified procedures
for--
(A) the disposition of applications for a certificate to engage in air
transportation pursuant to subsection (d)(1), (2), or (3) of this section;
and
(B) the alteration, amendment, modification, suspension, or transfer of
all or any part of any certificate pursuant to subsection (f), (g), or (h)
of this section.
Such rules shall provide for adequate notice and an opportunity for any
interested person to file appropriate written evidence and argument, but need
not provide for oral evidentiary hearings. Such rules may provide that such
written evidence and argument shall be filed by such person as part of a
protest or memorandum filed with respect to such application under subsection
(c) of this section.
(2) The Board may use such simplified procedures in any case if the Board
determines that the use of such simplified procedures is in the public
interest. The rules adopted by the Board pursuant to this subsection shall,
to the extent the Board finds it practicable, set forth the standards it
intends to apply in determining whether to employ such simplified procedures,
and in deciding cases in which such procedures are employed.
(q) Insurance and liability
(1) No certificate shall be issued or remain in effect unless the applicant
for such certificate or the air carrier, as the case may be, complies with
regulations or orders issued by the Board governing the filing and approval
of policies of insurance or plans for self-insurance in the amount prescribed
by the Board which are conditioned to pay, within the amount of such
insurance, amounts for which such applicant or such air carrier may become
liable for bodily injuries to or the death of any person, or for loss of or
damage to property of others, resulting from the operation or maintenance of
aircraft under such certificate.
(2) In order to protect travelers and shippers by aircraft operated by
certificated air carriers, the Board may require any such air carrier to file
a performance bond or equivalent security arrangement, in such amount and
upon such terms as the Board shall prescribe, to be conditioned upon such air
carrier's making appropriate compensation to such travelers and shippers, as
prescribed by the Board, for failure on the part of such carrier to perform
air transportation services in accordance with agreements therefor.
(r) Continuing requirements for applicants
The requirement that each applicant for a certificate or any other
authority under this subchapter must be found to be fit, willing, and able to
perform properly the transportation covered by its application and to conform
to the provisions of this chapter and the rules, regulations, and
requirements of the Board under this chapter, shall be a continuing
requirement applicable to each such air carrier with respect to the
transportation authorized by the Board. The Board shall by order, entered
after notice and hearing, modify, suspend, or revoke such certificate or
other authority, in whole or in part, for failure of such air carrier to
comply with the continuing requirement that the air carrier be so fit,
willing, and able, or for failure to file such reports as the Board may deem
necessary to determine whether such air carrier is so fit, willing, and able.
(Pub. L. 85-726, title IV, Sec. 401, Aug. 23, 1958, 72 Stat. 754; Pub. L. 87-
528, Secs. 2-4, July 10, 1962, 76 Stat. 143; Pub. L. 90-514, Sec. 3, Sept.
26, 1968, 82 Stat. 867; Pub. L. 91-375, Secs. 4(a), 6(o), Aug. 12, 1970, 84
Stat. 773, 783; Pub. L. 94-353, title I, Sec. 18(a), July 12, 1976, 90 Stat.
883; Pub. L. 95-163, Sec. 9, Nov. 9, 1977, 91 Stat. 1281; Pub. L. 95-504,
Secs. 6, 7(a), 8-19(a), 20(b)-(d)(1), 21(a)(1), Oct. 24, 1978, 92 Stat. 1710-
1713, 1716, 1718-1723; Pub. L. 96-192, Secs. 4-6, 26, Feb. 15, 1980, 94 Stat.
37, 47; Pub. L. 101-508, title IX, Sec. 9127, Nov. 5, 1990, 104 Stat. 1388-
371.)
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal
Aviation Act of 1958. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this Appendix and Tables.
The Railway Labor Act, referred to in subsec. (k)(4), is act May 20, 1926,
ch. 347, 44 Stat. 577, as amended. Title II of the Railway Labor Act was
added by act Apr. 10, 1936, ch. 166, 49 Stat. 1189, and is classified
generally to subchapter II (Sec. 181 et seq.) of chapter 8 of Title 45,
Railroads. For complete classification of this Act to the Code, see section
151 of Title 45 and Tables.
Codification
Subsec. (n)(1) of this section was omitted pursuant to section 26(b) of
Pub. L. 96-192 which provided that, effective Dec. 31, 1981, subsec. (n)(1)
of this section and the authority of the Civil Aeronautics Board with respect
to subsec. (n)(1) of this section cease to be in effect. Subsec. (n)(1) of
this section provided: "Notwithstanding any other provision of this
subchapter, no air carrier providing air transportation under a certificate
issued under this section shall commingle, on the same flight, passengers
being transported in interstate, overseas, or foreign charter air
transportation with passengers being transported in scheduled interstate,
overseas, or foreign air transportation, except that this subsection shall
not apply to the carriage of passengers in air transportation under group
fare tariffs."
Amendments
1990--Subsec. (h)(1). Pub. L. 101-508, Sec. 9127(1), designated existing
text as par. (1) by inserting "(1)" after "(h)".
Subsec. (h)(2), (3). Pub. L. 101-508, Sec. 9127(2), added pars. (2) and
(3).
1980--Subsec. (d)(1) to (3). Pub. L. 96-192, Sec. 4, struck out provisions
that had drawn a distinction between interstate and overseas air
transportation on the one hand and foreign air transportation on the other
and which, in the case of foreign air transportation, had required the Board
to act only if the foreign air transportation were required by the public
convenience and necessity.
Subsec. (e)(2). Pub. L. 96-192, Sec. 5, struck out ", insofar as the
operation is to take place without the United States," preceding "designate
the terminal".
Subsec. (g). Pub. L. 96-192, Sec. 6, designated existing provisions as
pars. (1) and (2), added par. (3), made minor changes in phraseology in pars.
(1) and (2) to accommodate the division of existing provisions into pars. (1)
and (2), and, in par. (1), added provision relating to the simplified
procedures under subsec. (p) of this section but directing that no
certificate to engage in foreign air transportation be altered, amended,
modified, suspended, or revoked pursuant to the simplified procedures of
subsection (p) of this section if the holder of such certificate requests an
oral evidentiary hearing or the Board finds that, under all the facts and
circumstances, an oral evidentiary hearing is required in the public
interest.
Subsec. (n)(1). Pub. L. 96-192, Sec. 26(a), inserted "Notwithstanding any
other provision of this subchapter," and added references to foreign charter
air transportation and to foreign air transportation.
1978--Subsec. (b). Pub. L. 95-504, Sec. 6, struck out provision for
verification of application and added provision for proof of service upon
communities affected.
Subsec. (c). Pub. L. 95-504, Sec. 7(a), redesignated existing provisions as
par. (1), added subpars. (A), (B), and (C), and added pars. (2) to (4).
Subsec. (d)(1) to (3). Pub. L. 95-504, Sec. 8, provided that the standards
for issuance of permanent, temporary, or charter air transportation
certificates would vary in accordance with public convenience and necessity
dependent upon the nature of the air transportation as interstate, overseas,
or foreign.
Subsec. (d)(4). Pub. L. 95-504, Sec. 9, provided that the through service
and joint fares provisions apply nationally and not just in the States of
California and Florida.
Subsec. (d)(5). Pub. L. 95-504, Sec. 10(a), added par. (5).
Subsec. (d)(6). Pub. L. 95-504, Sec. 11, added par. (6).
Subsec. (d)(7). Pub. L. 95-504, Sec. 12, added par. (7).
Subsec. (d)(8). Pub. L. 95-504, Sec. 13, added par. (8).
Subsec. (d)(9). Pub. L. 95-504, Sec. 14, added par. (9).
Subsec. (e). Pub. L. 95-504, Secs. 15, 16, substituted "foreign charter air
transportation" for "supplemental air transportation" in par. (3), struck out
provision allowing Board to place limitations on certificate in par. (4),
substituted "charter air carrier" for "supplemental air carrier" in par. (6),
and added par. (7).
Subsec. (f). Pub. L. 95-504, Secs. 10(b), 17, substituted "provided in this
section" for "hereinafter provided" and struck out proviso making
certificates ineffective in cases of untimely service.
Subsec. (g). Pub. L. 95-504, Sec. 18, inserted "or pursuant to the
simplified procedures under subsection (p) of this section" following "notice
and hearings".
Subsec. (j). Pub. L. 95-504, Sec. 19(a), designated existing provisions as
par. (1) and, as so redesignated, revised provisions included therein to
address problems of air transportation suspensions or reductions in addition
to service abandonments, added provision for notice of terminations,
reductions, or suspensions, struck out provision for filing memoranda of
opposition, and added par. (2).
Subsec. (n). Pub. L. 95-504, Sec. 20(b), (c), revised subsection generally
and, among other changes, in pars. (1) to (4), struck out provisions relating
to restrictions on operating authorizations, performance bonds, certificates
for supplemental air transportation and requirements for certificate
applicants, added provisions prohibiting the commingling of charter and
scheduled interstate or overseas passengers, prohibiting restrictions on
charter trips, prohibiting charter transportation between two points within
Alaska, prohibiting inclusive charter tours, and in par. (5) substituted "a
charter air carrier to comply with the provisions of subsection (q) or (r) of
this section" for "a supplemental air carrier to comply with the provisions
of paragraph (1), (3) or (4) of this subsection" and "subsections (q) and (r)
of this section" for "paragraphs (1), (3), and (4) of this subsection".
Subsec. (p). Pub. L. 95-504, Sec. 21(a)(1), added subsec. (p).
Subsecs. (q), (r). Pub. L. 95-504, Sec. 20(d)(1), added subsecs. (q) and
(r).
1977--Subsec. (d)(4). Pub. L. 95-163 added par. (4).
1976--Subsec. (o). Pub. L. 94-353 added subsec. (o).
1968--Subsec. (e)(6). Pub. L. 90-514 added inclusive tour charter trips to
the charter trips which air carriers, other than supplemental air carriers,
may perform.
1962--Subsec. (d). Pub. L. 87-528, Sec. 2, added par. (3).
Subsec. (e). Pub. L. 87-528, Sec. 3, required certificates to engage in
supplemental air transportation to designate terminal and intermediate points
only as the Board deems practicable and otherwise only the geographical area
or areas where service may be rendered, permitted the Board to impose terms,
conditions, or limitations in a certificate for supplemental air
transportation when required by subsection (d)(3) of this section, and
limited the performance of charter trips or any special service without
regard to points named in the certificate, or the type of service provided
therein, to air carriers other than supplemental air carriers.
Subsec. (n). Pub. L. 87-528, Sec. 4, added subsec. (n).
Effective Date of 1978 Amendment
Section 7(b) of Pub. L. 95-504 provided that: "The amendments made by
subsection (a) of this section [amending subsec. (c) of this section] shall
apply to any application filed under section 401(b) of the Federal Aviation
Act of 1958 [subsec. (b) of this section] on or after the one-hundred-
eightieth day after the date of enactment of this Act [Oct. 24, 1978]."
Effective Date
Subchapter effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualifies and takes office,
see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301
of this Appendix. The Administrator of the Federal Aviation Agency was
appointed, qualified, and took office on Oct. 31, 1958.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Section 1551(a)(4)(A) of this Appendix provides that subsecs. (l) and (m)
of this section (to the extent such provisions relate to interstate and
overseas air transportation) and the authority of the Board with respect to
such provisions (to the same extent) shall cease to be in effect on Jan. 1,
1985, except insofar as such subsections apply to the transportation of mail
between two points both of which are within the State of Alaska.
Section 1551(a)(8) of this Appendix provides that subsecs. (l) and (m) of
this section (to the extent such provisions apply to the transportation of
mail between two points both of which are within the State of Alaska) shall
cease to be in effect on Jan. 1, 1989.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
All functions, powers, and duties of the Civil Aeronautics Board and the
Chairman, members, offices, and officers thereof under subchapters VI and VII
of this chapter were transferred to the Secretary of Transportation by Pub.
L. 89-670, Sec. 6(d), Oct. 15, 1966, 80 Stat. 937, to be exercised by the
National Transportation Safety Board. See sections 1655(d) and 1903(a)(1)(A),
(9) of this Appendix.
In subsec. (l), "United States Postal Service" was substituted for
"Postmaster General", and in subsec. (m), "United States Postal Service" was
substituted for "Postmaster General" in two instances and for "Postal
Service" in one instance pursuant to Pub. L. 91-375, Secs. 4(a), 6(o), Aug.
12, 1970, 84 Stat. 773, 783, which are set out as notes preceding section 101
of Title 39, Postal Service, and under section 201 of Title 39, respectively,
which abolished the office of Postmaster General of the Post Office
Department and transferred its functions to the United States Postal Service,
and provided that references in other laws to the Postal Service shall be
considered a reference to the United States Postal Service.
National Commission to Ensure a Strong Competitive Airline Industry
Pub. L. 102-581, title II, Sec. 204, Oct. 31, 1992, 106 Stat. 4891, as
amended by Pub. L. 103-13, Sec. 1, Apr. 7, 1993, 107 Stat. 43, provided that:
"(a) Findings.--Congress finds the following:
"(1) The Nation's airlines must be part of an intermodal transportation
system that will move people and goods in the fastest, most efficient
manner.
"(2) The Nation's airlines provide our connections with the global
economy. A strong airline industry is essential to our Nation's ability to
compete in the international marketplace.
"(3) The Nation's airlines are in a state of financial distress, having
lost more than $6,000,000,000 in 1990 and 1991. These losses threaten the
ability of our airlines to accommodate the growing aviation traffic
demands of the 1990's which threaten to undermine our Nation's ability to
compete in the global economy.
"(4) Because of the airline industry's financial distress and the
absence of government policies to promote competition, there has been a
precipitous decline in the number of major airlines. Of the 22 airlines
which entered the industry following airline deregulation, only 2 are now
operating. The rest have either gone out of business or merged with other
carriers.
"(5) Concentration in the airline industry has advanced rapidly in the
past few years. The top 4 major airlines now control 67 percent of
aviation traffic and the top 7 airlines now control 91 percent of aviation
traffic. Three major airlines, carrying 19 percent of aviation traffic,
are in chapter 11 [11 U.S.C. 1101 et seq.] bankruptcy and their survival
is in doubt.
"(6) The continued success of a deregulated airline system requires the
spur of effective actual and potential competition to force airlines to
provide high quality service at the lowest possible fares.
"(7) Further reductions in the number of major airlines may leave the
industry without sufficient competition to ensure a continuation of the
benefits consumers have received under airline deregulation.
"(b) Establishment.--There is established a commission to be known as the
'National Commission to Ensure a Strong Competitive Airline Industry'
(hereinafter in this section referred to as the 'Commission').
"(c) Functions.--
"(1) Investigation and study.--The Commission shall make a complete
investigation and study of the financial condition of the airline
industry, the adequacy of competition in the airline industry, and legal
impediments to a financially strong and competitive airline industry.
"(2) Policy recommendations.--Based on the results of the investigation
and study to be conducted under paragraph (1), the Commission shall
recommend to the President and Congress those policies which need to be
adopted to--
"(A) achieve the national goal of a strong and competitive airline
system which will facilitate the ability of the Nation to compete in
the global economy;
"(B) provide adequate levels of competition and service at
reasonable fares in cities of all sizes;
"(C) retard the flow of United States air carrier bankruptcies and
accompanying loss of jobs for United States citizens;
"(D) provide a stable work environment for airline industry
employees; and
"(E) continue to reduce noise for citizens around airports without
damaging the economic or competitive positions of the air carriers.
"(3) Consideration of aircraft noise abatement.--In carrying out the
study and investigation under paragraph (1), the Commission shall take
into account aircraft noise abatement, a priority established by Congress
by enactment of the Airport Noise and Capacity Act of 1990 [Pub. L.
101-508, title IX, subtitle D, Secs. 9301-9309, Nov. 5, 1990, 104 Stat.
1388-378].
"(d) Specific Matters To Be Addressed.--The Commission shall specifically
investigate and study under subsection (c)(1) the following:
"(1) Financial condition of airline industry.--The current financial
condition of the airline industry and how the industry's financial
condition is likely to change over the next 5 years, including--
"(A) the profits or losses likely to be achieved by the airline
industry over the next 5 years;
"(B) whether or not any profits realized will be adequate to permit
airlines to acquire the capital equipment necessary to meet the demand
of the traveling public in a safe and efficient manner, while complying
with environmental regulations; and
"(C) whether or not any major airlines are likely to fail or sell
major assets in order to survive.
"(2) Adequacy of competition.--The current state of competition in the
airline industry, how the structure of airline industry competition is
likely to change over the next 5 years, and whether or not the expected
level of competition will be sufficient to continue the consumer benefits
of airline deregulation.
"(3) Legal impediments to a financially strong and competitive airline
industry.--Whether or not the Federal Government should take any
legislative or administrative actions to improve the financial conditions
of the airline industry or to enhance airline competition, including
whether or not any changes are needed in the legal and administrative
policies which govern--
"(A) the initial award and the transfer of international airline
routes;
"(B) the allocation of slots at high density airports;
"(C) the allocation of gates, particularly at airports dominated by
1 or a limited number of airlines;
"(D) frequent flier programs;
"(E) airline computer reservations systems;
"(F) the rights of foreign investors to invest in United States
airlines;
"(G) the taxes and user fees imposed on United States airlines;
"(H) the regulatory responsibilities imposed on United States
airlines;
"(I) the bankruptcy laws of the United States and related fitness
rules administered by the Department of Transportation as they apply to
airlines; and
"(J) the obligations of failing airlines to meet pension
obligations.
"(4) International aviation policy.--Whether or not the policies and
strategies followed by the United States in international aviation are
promoting the ability of United States airlines to achieve long-term
competitive success in international markets, including--
"(A) the Government's general negotiating policy;
"(B) the desirability of multilateral rather than bilateral
negotiations;
"(C) whether or not foreign countries have developed the necessary
infrastructure of airports and airways to enable United States airlines
to provide the service needed to meet the demand for aviation service
between the United States and such countries;
"(D) the rights granted foreign airlines to provide service in
United States domestic markets ('cabotage'); and
"(E) the rights granted foreign investors to invest in United States
airlines.
"(5) Assessment of aircraft manufacturing industry.--The state of the
United States aircraft manufacturing industry and make recommendations to
the President and Congress concerning policies that will help foster a
healthy, competitive United States aircraft manufacturing industry.
"(6) Study of incentives for expedited fleet conversion.--The
possibility of long-term loan guarantees and tax incentives for air
carriers to expedite the conversion of the commercial airline fleet from
Stage 2 to Stage 3 aircraft in advance of the deadlines established by the
Airport Noise and Capacity Act of 1990 [Pub. L. 101-508, title IX,
subtitle D, Secs. 9301-9309, Nov. 5, 1990, 104 Stat. 1388-378].
"(e) Membership.--
"(1) Appointment.--The Commission shall be composed of 15 voting
members and 11 nonvoting members as follows:
"(A) 5 voting members and 1 nonvoting member appointed by the
President.
"(B) 3 voting members and 3 nonvoting members appointed by the
Speaker of the House of Representatives.
"(C) 2 voting members and 2 nonvoting members appointed by the
minority leader of the House of Representatives.
"(D) 3 voting members and 3 nonvoting members appointed by the
majority leader of the Senate.
"(E) 2 voting members and 2 nonvoting members appointed by the
minority leader of the Senate.
"(2) Qualifications.--Voting members appointed pursuant to paragraph
(1) shall be appointed from among individuals who are experts in aviation
economics, finance, international trade, and related disciplines and who
can represent airlines, passengers, shippers, airline employees, aircraft
manufacturers, general aviation, and the financial community.
"(3) Terms.--Members shall be appointed for the life of the Commission.
"(4) Vacancies.--A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
"(5) Travel expenses.--Members shall serve without pay but shall
receive travel expenses, including per diem in lieu of subsistence, in
accordance with subchapter I of chapter 57 of title 5, United States Code.
"(6) Chairman.--The President, in consultation with the Speaker of the
House of Representatives and the majority leader of the Senate, shall
designate the Chairman of the Commission from among its voting members.
"(f) Commission Panels.--The Chairman shall establish such panels
consisting of voting members of the Commission as the Chairman determines
appropriate to carry out the functions of the Commission.
"(g) Staff.--The Commission may appoint and fix the pay of such personnel
as it considers appropriate.
"(h) Staff of Federal Agencies.--Upon request of the Commission, the head
of any department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this section.
"(i) Administrative Support Services.--Upon the request of the Commission,
the Administrator of General Services shall provide to the Commission, on a
reimbursable basis, the administrative support services necessary for the
Commission to carry out its responsibilities under this section.
"(j) Staff and Other Support.--Upon the request of the Commission or a
panel of the Commission, the Secretary of Transportation shall provide the
Commission or panel with staff and other support to assist the Commission or
panel in carrying out its responsibilities.
"(k) Obtaining Official Data.--The Commission may secure directly from any
department or agency of the United States information (other than information
required by any statute of the United States to be kept confidential by such
department or agency) necessary for the Commission to carry out its duties
under this section. Upon request of the Commission, the head of that
department or agency shall furnish such nonconfidential information to the
Commission.
"(l) Report.--Not later than 90 days after the date on which initial
appointments of members to the Commission are completed, the Commission shall
transmit to the President and Congress a report on the activities of the
Commission, including recommendations made by the Commission under subsection
(c)(2).
"(m) Termination.--The Commission shall terminate on the 30th day following
the date of transmittal of the report under subsection (l). All records and
papers of the Commission shall thereupon be delivered by the Administrator of
General Services for deposit in the National Archives.
"(n) Commission Expenditures.--Amounts expended to carry out this section
shall not be considered expenses of advisory committees for purposes of
section 312 of the Department of Transportation and Related Agencies
Appropriations Act, 1993 [Pub. L. 102-388, title III, Sec. 312, Oct. 6, 1992,
106 Stat. 1546].
"(o) Previously Appointed Members.--Any appointment made to the Commission
before the date of the enactment of this subsection [Apr. 7, 1993] shall not
be effective after such date of enactment."
References to Certificates of Convenience and Necessity
Pub. L. 98-443, Sec. 8, Oct. 4, 1984, 98 Stat. 1706, provided that: "Any
reference in any law to a certificate of public convenience and necessity, or
to a certificate of convenience and necessity, issued by the Civil
Aeronautics Board shall be deemed to refer to a certificate issued under
section 401 or 418 of the Federal Aviation Act of 1958 [49 App. U.S.C. 1371,
1388]."
Inclusive Tour Charter Trips in Supplemental Air Transportation Validated
Section 2 of Pub. L. 90-514 provided that: "Certificates of public
convenience and necessity for supplemental air transportation and statements
of authorizations, issued by the Civil Aeronautics Board, are hereby
validated, ratified, and continued in effect according to their terms,
notwithstanding any contrary determinations by any court that the Board
lacked power to authorize the performance of inclusive tour charter trips in
air transportation."
Application for Certificate for Supplemental Air Transportation Within 30
Days After July 10, 1962
Section 7 of Pub. L. 87-528 provided that:
"(a) If any applicant who makes application under section 401(d)(3) of the
Federal Aviation Act of 1958 [subsection (d)(3) of this section] for a
certificate for supplemental air transportation within thirty days after the
date of enactment of this Act [July 10, 1962] shall show--
"(1) that it, or its predecessor in interest, was an air carrier
authorized to furnish service between places within the United States under
a certificate of public convenience and necessity issued by the Civil
Aeronautics Board pursuant to order E-13436, adopted January 28, 1959, or
order E-14196, adopted July 8, 1959, or that it was given interim authority
to operate in interstate air transportation as a supplemental air carrier
under Board order E-9744 of November 15, 1955, and has pending before the
Board an application for certification as a supplemental air carrier which
was filed prior to July 14, 1960;
"(2) that, during the period beginning on the date such certificate was
issued or such interim operating authority was conferred by the Board and
ending on the date of enactment of this Act [July 10, 1962], such applicant
or his predecessor in interest lawfully performed (A) a substantial portion
of the transportation authorized by such certificate or interim operating
authority, (B) substantial operations in overseas or foreign air
transportation, as a supplemental or large irregular air carrier,
authorized by the Board, or (C) substantial operations for the Military
Establishment of the United States authorized by the Board;
"(3) that such certificate or interim operating authority had not been
revoked or otherwise terminated by the Board or had not otherwise expired
prior to the enactment of this Act [July 10, 1962]: Provided, That for the
purposes of this section such certificate or operating authority shall be
considered to have been revoked or terminated if the Board has issued a
final order to that effect on or before the date of enactment of this Act,
notwithstanding a pending judicial review of such order; and
"(4) that such certificate or interim operating authority is held by the
original grantee or has been transferred to the applicant with Board
approval pursuant to section 401(h) of the Federal Aviation Act of 1958
[subsection (h) of this section]: Provided, That a person who on the date
of enactment of this Act [July 10, 1962] had on file with the Board an
application for the approval of transfer to him of a certificate for
supplemental air transportation or interim operating authority, may be
issued a new interim certificate or new interim operating authority under
this section if the Board approves the transfer pursuant to section 401(h)
of the Federal Aviation Act of 1958; the Board may issue a new interim
certificate or new interim authority to such applicant to engage in
supplemental air transportation, as defined in the Federal Aviation Act of
1958 [this chapter], subject to such terms, conditions, and limitations as
the Board may prescribe, pending issuance or denial of a certificate
pursuant to section 401(d)(3) of the Federal Aviation Act of 1958
[subsection (d)(3) of this section], if it determines that the applicant is
fit, willing, and able properly to perform such transportation and to
conform to the provisions of such Act and the rules, regulations, and
requirements of the Board and the Administrator.
"(b) If any applicant who makes application under section 401(d)(3) of the
Federal Aviation Act of 1958 [subsection (d)(3) of this section] for a
certificate for supplemental air transportation within thirty days after the
date of enactment of this Act [July 10, 1962] shall show that it or its
predecessor has received interim operating authority from the Civil
Aeronautics Board pursuant to paragraph (2) of the first section of Public
Law 86-661 of July 14, 1960 (74 Stat. 527), the Board may issue new interim
authority to such applicant to engage in supplemental air transportation, as
defined in the Federal Aviation Act of 1958 [this chapter], subject to such
terms, conditions, and limitations as the Board may prescribe, pending
issuance or denial of a certificate pursuant to section 401(d)(3) of the
Federal Aviation Act of 1958, if it determines that the applicant is fit,
willing, and able properly to perform such transportation and to conform to
the provisions of such Act and the rules, regulations, and requirements of
the Board and the Administrator.
"(c) If an applicant who makes application under section 401(d)(3) of the
Federal Aviation Act of 1958 [subsection (d)(3) of this section] for a
certificate for supplemental air transportation shall show--
"(1) that it, or its predecessor in interest, was a carrier authorized to
furnish all-cargo service between places within the United States by a
certificate of public convenience and necessity issued by the Civil
Aeronautics Board pursuant to order numbered E-3085, adopted July 29, 1949,
order numbered E-9760, adopted November 21, 1955, or order numbered E-
10084, adopted March 12, 1956;
"(2) that within thirty days prior to such application there has become
final an order of the Civil Aeronautics Board in the domestic cargo-mail
service case, docket numbered 10,076 and others, denying applicant's, or
its predecessor's, application for renewal of such certificate; and
"(3) that immediately prior to the effective date of such denial the
applicant, or its predecessor in interest, lawfully performed either (A)
any portion of the service authorized by the certificate or (B) any
operations for the Military Establishment of the United States authorized
by the Board;
the Board may issue a new interim certificate to such applicant to engage in
supplemental air transportation, as defined in the Federal Aviation Act of
1958 [this chapter], subject to such terms, conditions, and limitations as
the Board may prescribe, pending issuance or denial of a certificate pursuant
to section 401(d)(3) of the Federal Aviation Act of 1958 [subsection (d)(3)
of this section], if it determines that the applicant is fit, willing and
able properly to perform such transportation and to conform to the provisions
of such Act and the rules, regulations, and requirements of the Board and the
Administrator.
"(d) A new interim certificate or new interim authority issued under this
section shall not be deemed a license within the meaning of section 9(b) of
the Administrative Procedure Act (5 U.S.C. 1008(b)) [see section 558(c) of
Title 5, Government Organization and Employees]."
Authority for Certain Carriers for Continuation of Operations
Section 8 of Pub. L. 87-528 provided that:
"(a) If any air carrier, or its predecessor in interest, was an air carrier
authorized to furnish service between places within the United States by a
certificate of public convenience and necessity issued by the Civil
Aeronautics Board pursuant to order E-13436, adopted January 28, 1959, or
order E-14196, adopted July 8, 1959, or it or its predecessor received
interim operating authority from the Board pursuant to paragraph (2) of the
first section of Public Law 86-661 of July 14, 1960 (74 Stat. 527), and the
operating authority described in this subsection has not been revoked or
otherwise terminated by the Board, it may perform operations as described in
such certificate or such interim operating authority, subject to the terms,
conditions, and limitations applicable to such certificate or such interim
operating authority, or both, as the case may be, for thirty days from the
date of enactment of this Act [July 10, 1962], and if it has filed
application pursuant to section 401(d)(3) of the Federal Aviation Act of 1958
[subsection (d)(3) of this section] within said thirty days, may perform such
operations, subject to such terms, conditions, and limitations, for a period
of ninety days from the date of enactment of this Act. Any air carrier whose
application for certification as a supplemental air carrier is pending before
the Board and which (A) has operated in interstate air transportation as a
supplemental air carrier pursuant to authority granted under Board order E-
9744 of November 15, 1955, and (B) had such application for a certificate as
a supplemental air carrier pending before the Board on July 14, 1960, and
whose operating authority described in this subsection has not been revoked
or otherwise terminated by the Board, may continue to operate in interstate
air transportation as described in such operating authority, subject to the
terms, conditions, and limitations applicable to such operating authority,
for thirty days from the date of enactment of this Act, and if it has filed
application pursuant to section 401(d)(3) of the Federal Aviation Act of 1958
within said thirty days, may perform such operations, subject to such terms,
conditions, and limitations, for a period of ninety days from the date of
enactment of this Act.
"(b) The certificates of public convenience and necessity issued by the
Board pursuant to order E-13436 adopted January 28, 1959, and order E-14196,
adopted July 8, 1959, and the interim operating authority issued by the Board
pursuant to paragraph (2) of the first section of Public Law 86-661 of July
14, 1960 (74 Stat. 527), and the exemption authority issued by the Board
under order E-9744 of November 15, 1955, and prior authority under individual
exemptions or Letters of Registration reinstated by the Board under order E-
10161 of April 3, 1956, shall terminate thirty days from the date of
enactment of this Act [July 10, 1962].
"(c) From and after the thirtieth day after the date of enactment of this
Act [July 10, 1962] the provisions of section 9(b) of the Administrative
Procedure Act (5 U.S.C. 1008(b)) [see section 558(c) of Title 5, Government
Organization and Employees] shall not be applicable to any operating
authority referred to in this section, or to any application for renewal
thereof."
Authority To Perform Individually Ticketed and Waybilled Services
Section 9 of Pub. L. 87-528 provided that the Civil Aeronautics Board, if
it was in the public interest, could authorized the holder of any certificate
or operating authority issued by the Board pursuant to Pub. L. 87-528, or
under subsec. (d)(3) of this section, to perform individually ticketed and
individually waybilled services in air transportation during the two year
period beginning on July 10, 1962, subject to terms and conditions as the
Board prescribed, except that the annual gross revenue from the services
authorized during each year of the two year period should not exceed the
average annual gross revenue from individually ticketed and individually
waybilled services furnished by such holders during the period beginning Jan.
1, 1959, and ending Dec. 31, 1961, as determined by the Board.
Enforcement or Compliance Proceedings by Board
Section 10 of Pub. L. 87-528 provided that: "The provisions of this Act
[enacting section 1387 of this Appendix, amending this section, and sections
1301, 1376, 1471, and 1472 of this Appendix, and enacting provisions set out
as notes under this section] shall in no way affect the authority of the
Board--
"(1) to maintain any enforcement or compliance proceeding or action
against the holder of a certificate of public convenience and necessity
issued pursuant to Board order E-13436 of January 28, 1959, or Board order
E-14196 of July 8, 1959, or against the holder of any interim operating
authority conferred by the Board under paragraph (2) of the first section
of Public Law 86-661 or under Board order E-9744 of November 15, 1955,
which proceeding or action is pending before the Board on the date of
enactment of this Act [July 10, 1962]; or
"(2) to institute, on or after the date of enactment of this Act [July
10, 1962], any enforcement or compliance proceeding or action against the
holder of any certificate or interim operating authority referred to in
paragraph (1) of this section with respect to any violation of--
"(A) the Federal Aviation Act of 1958 [this chapter],
"(B) the provisions of such certificate,
"(C) the terms of such operating authority, or
"(D) the regulations of the Board,
without regard to when such violation occurred.
Any sanction which the Board lawfully could have imposed on the operating
authority of the holder of any certificate or interim operating authority
referred to in paragraph (1) of this section for any violation referred to in
paragraph (2) of this section, which violation occurred prior to the issuance
to such holder of a new interim certificate or new interim authority under
section 7 of this Act [set out as a note above] or the issuance to such
holder of a certificate of public convenience and necessity to engage in
supplemental air transportation under paragraph (3) of section 401(d) of the
Federal Aviation Act of 1958 [subsection (d)(3) of this section], may be
imposed on the certificate or other operating authority issued to such holder
under section 7 of this Act or under paragraph (3) of section 401(d) of the
Federal Aviation Act of 1958."
Disposal of Applications Consolidated Into the Large Irregular Air Carrier
Investigation Proceeding
Section 11 of Pub. L. 87-528 provided that any application of an air
carrier previously consolidated into the Board proceeding known as the Large
Irregular Air Carrier Investigation, Docket Numbered 5132 and others, was
deemed to have been finally disposed of on July 10, 1962.
Sec. 1371a. Suspension, modification, or revocation of certificate of public
convenience and necessity or foreign air carrier permit; illegal
importation of controlled substances
Notwithstanding any other provision of law, the Secretary of Transportation
shall on and after August 15, 1985, in consultation with appropriate law
enforcement and other agencies, reexamine immediately the fitness of any
carrier which has violated laws and regulations of the United States
pertaining to the illegal importation of controlled substances or has failed
to adopt available measures to prevent the illegal importation of controlled
substances into the United States aboard its aircraft, and shall, where
appropriate, suspend, modify, or revoke the certificate of public convenience
and necessity or foreign air carrier permit of such carrier.
(Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99 Stat. 352.)
Codification
Section was enacted as part of the Supplemental Appropriations Act, 1985,
and not as part of the Federal Aviation Act of 1958 which comprises this
chapter.
Sec. 1372. Permits to foreign air carriers
(a) Necessity
No foreign air carrier shall engage in foreign air transportation unless
there is in force a permit issued by the Board authorizing such carrier so to
engage.
(b) Issuance
The Board is empowered to issue such a permit if it finds (1) that the
applicant is fit, willing, and able properly to perform such foreign air
transportation and to conform to the provisions of this chapter and the
rules, regulations, and requirements of the Board hereunder and (2) either
that the applicant is qualified, and has been designated by its government,
to perform such foreign air transportation under the terms of an agreement
with the United States, or that such transportation will be in the public
interest.
(c) Application
Application for a permit shall be made in writing to the Board, shall be so
verified, shall be in such form and contain such information, and shall be
accompanied by such proof of service upon such interested persons, as the
Board shall by regulation require.
(d) Notice of application; filing of protest or memorandum
Upon the filing of an application for a permit the Board shall give due
notice thereof to the public by posting a notice of such application in the
office of the secretary of the Board and to such other persons as the Board
may by regulation determine. Any interested person may file with the Board a
protest or memorandum of opposition to or in support of the issuance of a
permit. The Board shall dispose of such application as speedily as possible.
(e) Terms, conditions, and limitations
The Board may prescribe the duration of any permit and may attach to such
permit such reasonable terms, conditions, or limitations, as, in its
judgment, the public interest may require.
(f) Alteration, modification, amendment, suspension, cancellation, or
revocation; summary Board action in response to acts of foreign countries
adversely affecting United States air carriers
(1) Any permit issued under the provisions of this section may, after
notice and hearing, be altered, modified, amended, suspended, canceled, or
revoked by the Board whenever it finds such action to be in the public
interest. Any interested person may file with the Board a protest or
memorandum in support of or in opposition to the alteration, modification,
amendment, suspension, cancellation, or revocation of a permit.
(2) Whenever the Board finds that the government, aeronautical authorities,
or foreign air carriers of any foreign country have, over the objections of
the Government of the United States, impaired, limited, or denied the
operating rights of United States air carriers, or engaged in unfair,
discriminatory, or restrictive practices with a substantial adverse
competitive impact upon United States carriers, with respect to air
transportation services to, from, through, or over the territory of such
country, the Board may, without hearing but subject to the approval of the
President of the United States, summarily suspend the permits of the foreign
air carriers of such country, or alter, modify, amend, condition, or limit
operations under such permits, if it finds such action to be in the public
interest. The Board may also, without hearing but subject to Presidential
approval, to the extent necessary to make the operation of this paragraph
effective, restrict operations between such foreign country and the United
States by any foreign air carrier of a third country.
(g) Transfer of permit
No permit may be transferred unless such transfer is approved by the Board
as being in the public interest.
(h) Procedures for processing applications
The Board shall promulgate rules establishing simplified procedures for--
(1) the disposition of applications for a permit to engage in foreign air
transportation pursuant to this section; and
(2) the alteration, amendment, modification, suspension, or transfer of
all or any part of any permit pursuant to subsection (f) of this section.
Such rules shall provide for adequate notice and an opportunity for all
interested persons to file appropriate written evidence and argument, but
need not provide for oral evidentiary hearings.
(Pub. L. 85-726, title IV, Sec. 402, Aug. 23, 1958, 72 Stat. 757; Pub. L.
95-504, Sec. 21(b)(1), Oct. 24, 1978, 92 Stat. 1723; Pub. L. 96-192, Secs. 7-
9, Feb. 15, 1980, 94 Stat. 38.)
Amendments
1980--Subsec. (b). Pub. L. 96-192, Sec. 7, added an alternative to the
Board's finding that the foreign air transportation will be in the public
interest by making provision for an alternative finding that the applicant is
qualified and has been designated by its government to perform the foreign
air transportation under the terms of an agreement with the United States.
Subsec. (d). Pub. L. 96-192, Sec. 8, struck out provision that the
application for permit be set for public hearing.
Subsec. (f). Pub. L. 96-192, Sec. 9, designated existing provisions as par.
(1) and added par. (2).
1978--Subsec. (h). Pub. L. 95-504 added subsec. (h).
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1373. Tariffs of air carriers
(a) Filing, posting, and publication; rejection of tariffs
Every air carrier and every foreign air carrier shall file with the Board,
and print, and keep open to public inspection, tariffs showing all rates,
fares, and charges for air transportation between points served by it, and
between points served by it and points served by any other air carrier or
foreign air carrier when through service and through rates shall have been
established, and showing to the extent required by regulations of the Board,
all classifications, rules, reguations, practices, and services in connection
with such air transportation. Tariffs shall be filed, posted, and published
in such form and manner, and shall contain such information, as the Board
shall by regulation prescribe; and the Board is empowered to reject any
tariff so filed which is not consistent with this section and such
regulations. Any tariff so rejected shall be void. The rates, fares, and
charges shown in any tariff shall be stated in terms of lawful money of the
United States, but such tariffs may also state rates, fares, and charges in
terms of currencies other than lawful money of the United States, and may, in
the case of foreign air transportation, contain such information as may be
required under the laws of any country in or to which an air carrier or
foreign air carrier is authorized to operate.
(b) Observance of tariffs; granting, soliciting, or accepting rebates
(1) No air carrier or foreign air carrier or any ticket agent shall charge
or demand or collect or receive a greater or less or different compensation
for air transportation, or for any service in connection therewith, than the
rates, fares, and charges specified in then currently effective tariffs of
such air carrier or foreign air carrier; and no air carrier or foreign air
carrier or ticket agent shall, in any manner or by any device, directly or
indirectly, or through any agent or broker, or otherwise, refund or remit any
portion of the rates, fares, or charges so specified, or extend to any person
any privileges or facilities, with respect to matters required by the Board
to be specified in such tariffs except those specified therein. Nothing in
this chapter shall prohibit such air carriers or foreign air carriers, under
such terms and conditions as the Board may prescribe, from issuing or
interchanging tickets or passes for free or reduced-rate transportation to
their directors, officers, and employees (including retired directors,
officers, and employees who are receiving retirement benefits from any air
carrier or foreign air carrier), the parents and immediate families of such
officers and employees, and the immediate families of such directors; widows,
widowers, and minor children of employees who have died as a direct result of
personal injury sustained while in the performance of duty in the service of
such air carrier or foreign air carrier; witnesses and attorneys attending
any legal investigation in which any such air carrier is interested; persons
injured in aircraft accidents and physicians and nurses attending such
persons; immediate families, including parents, of persons injured or killed
in aircraft accidents where the object is to transport such persons in
connection with such accident; and any person or property with the object of
providing relief in cases of general epidemic, pestilence, or other
calamitous visitation; and, in the case of overseas or foreign air
transportation to such other persons and under such other circumstances as
the Board may by regulations prescribe. Any air carrier or foreign air
carrier, under such terms and conditions as the Board may prescribe, may
grant reduced-rate transportation on a space-available basis to any minister
of religion, any person who is sixty years of age or older and retired, any
person who is sixty-five years of age or older, and to any handicapped person
and any attendant required by such handicapped person. For the purposes of
this subsection, the term "handicapped person" means any person who has
severely impaired vision or hearing, and any other physically or mentally
handicapped person, as defined by the Board. For purposes of this subsection,
the term "retired" means no longer gainfully employed as defined by the
Board.
(2) No shipper, consignor, consignee, forwarder, broker, or other person,
or any director, officer, agent, or employee thereof, shall knowingly pay,
directly or indirectly, by any device or means, any greater or less or
different compensation for air transportation of property, or for any service
in connection therewith, than the rates, fares, and charges specified in
currently effective tariffs applicable to such air transportation; and no
such person shall, in any manner or by any device, directly or indirectly,
through any agent or broker, or otherwise, knowingly solicit, accept, or
receive a refund or remittance of any portion of the rates, fares or charges
so specified, or knowingly solicit, accept, or receive any privilege, favor,
or facility, with respect to matters required by the Board to be specified in
such tariffs, except those specified therein.
(c) Notice of change in tariff
(1) Except as provided in paragraph (2) of this subsection, no change shall
be made in any rate, fare, or charge, or any classification, rule,
regulation, or practice affecting such rate, fare, or charge, or the value of
the service thereunder, specified in any effective tariff of any air carrier
or foreign air carrier until thirty days after notice of the proposed change
has been filed, posted, and published in accordance with subsection (a) of
this section, except the Board may establish an alternative notice
requirement, of not less than twenty-five days, to allow an air carrier or
foreign air carrier to match the fares or charges specified in another air
carrier's or foreign air carrier's proposed tariff. Any notice specified
under this subsection shall plainly state the change proposed to be made and
the time such change will take effect.
(2) If the effect of any proposed tariff change would be to institute a
fare that is outside of the applicable range of fares specified in
subparagraphs (A) and (B) of section 1482(d)(4) of this Appendix or
subparagraphs (A), (B), and (C) of section 1482(j)(6) of this Appendix, or
specified by the Board under section 1482(d)(7) of this Appendix or section
1482(j)(9) of this Appendix, or would be to institute a fare to which such
range of fares does not apply, then such proposed change shall not be
implemented except after 60 days' notice filed in accordance with regulations
prescribed by the Board.
(3) In exercising its power to suspend tariffs under section 1482(g) and
(j) of this Appendix, the Board shall file and deliver a statement in writing
of its reasons for such suspension, as required under section 1482(g) of this
Appendix, at least thirty days before the date on which the affected tariff
would otherwise go into effect.
(d) Filing of divisions of rates and charges
Every air carrier or foreign air carrier shall keep currently on file with
the Board, if the Board so requires, the established divisions of all joint
rates, fares, and charges for air transportation in which such air carrier or
foreign air carrier participates.
(Pub. L. 85-726, title IV, Sec. 403, Aug. 23, 1958, 72 Stat. 758; Pub. L. 86-
627, July 12, 1960, 74 Stat. 445; Pub. L. 93-623, Secs. 7(a), 8(a), Jan. 3,
1975, 88 Stat. 2105; Pub. L. 95-163, Secs. 8(a), 10(a), Nov. 9, 1977, 91
Stat. 1281; Pub. L. 95-504, Sec. 22, Oct. 24, 1978, 92 Stat. 1724; Pub. L.
96-192, Sec. 24(b), (c), Feb. 15, 1980, 94 Stat. 47.)
Amendments
1980--Subsec. (c)(1). Pub. L. 96-192, Sec. 24(b), added references to
foreign air carriers.
Subsec. (c)(2). Pub. L. 96-192, Sec. 24(c), added references to the
applicable range of fares specified in subparagraphs (A), (B), and (C) of
section 1482(j)(6) of this Appendix or specified by the Board under section
1482(j)(9) of this Appendix.
1978--Subsec. (c). Pub. L. 95-504 generally revised subsection and among
other changes, in pars. (1) and (2), provided that no rate change could take
place until 30 days after filing of notice, where the range of fares was not
applicable, changed the notice requirement to 60 days from 45 days, struck
out provision allowing Board to change fare without notice, and added par.
(3).
1977--Subsec. (b)(1). Pub. L. 95-163, Sec. 8(a), expanded the enumeration
of persons to whom air carriers may grant reduced-rate transportation on a
space-available basis to include persons who are sixty years of age or older
and retired, persons who are sixty-five years of age or older even though
they may not be retired, handicapped persons, and attendants required by
handicapped persons.
Subsec. (c). Pub. L. 95-163, Sec. 10(a), designated a portion of existing
provisions as par. (1), substituted "air carrier, directly engaged in the
operation of aircraft if such rate, fare, or charge is for the carriage of
property in air transportation, except after sixty days' notice" for "air
carrier, except after thirty days' notice" in par. (1) as so designated, and
added par. (2).
1975--Subsec. (b)(1). Pub. L. 93-623 Secs. 7(a), 8(a), designated existing
provisions as subsec. (b)(1), and, as so designated, added "or any ticket
agent" after "No air carrier or foreign air carrier" wherever appearing
therein, and substituted "then currently effective tariffs of such air
carrier or foreign air carrier" for "its currently effective tariffs".
Subsec. (b)(2). Pub. L. 93-623, Sec. 8(a), added subsec. (b)(2).
1960--Subsec. (b). Pub. L. 86-627 authorized free or reduced-rate
transprotation to retired directors, officers, and employees who are
receiving retiree benefits from any air carrier or foreign air carrier; the
parents and immediate familes of the officers and employees, and the
immediate families of the directors; widows, widowers, and minor children of
employees who have died as a direct result of personal injury sustained while
in the performance of duty in the service of an air carrier or foreign air
carrier; and immediate families, including parents, of persons injured or
killed in aircraft accidents where the object is to transport such persons in
connection with such accident.
Effective Date of 1977 Amendment
Section 11(a) of Pub. L. 95-163 provided that: "The amendment made by
subsection (a) of section 10 of this Act [amending subsec. (c) of this
section] shall apply to any tariff change filed by any air carrier or foreign
air carrier in accordance with section 403(c) of the Federal Aviation Act of
1958 [subsec. (c) of this section] after the thirtieth day after the date of
enactment of this section [Nov. 9, 1977]."
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Section 1551(a)(4)(B) of this Appendix provides that this section (to the
extent it relates to interstate and overseas air transportation) and the
authority of the Board with respect to this section (to the same extent)
shall cease to be in effect on Jan. 1, 1985.
Study on Reduced Rate Transportation for Persons Twenty-one Years Old or
Younger; Report Within 6 Months After November 9, 1977
Section 8(b) of Pub. L. 95-163, provided that within 6 months after Nov. 9,
1977, the Board study and report to Congress on the feasibility and economic
impact of air carriers and foreign air carriers providing reduced-rate
transportation on a space available basis to persons twenty-one years of age
or younger.
Sec. 1374. Rates for carriage of persons and property
(a) Through service in connection with other carriers; safe and adequate
service, etc.; just and reasonable rates, fares and charges
(1) It shall be the duty of every air carrier to provide and furnish
interstate and overseas air transportation, as authorized by its certificate,
upon reasonable request therefor and to provide reasonable through service in
such air transportation in connection with other air carriers authorized to
engage in scheduled air transportation by certificate or by exemption under
section 1386(b)(3) of this Appendix; to provide safe and adequate service,
equipment, and facilities in connection with such transportation; to
establish, observe, and enforce just and reasonable individual and joint
rates, fares, and charges, and just and reasonable classifications, rules,
regulations, and practices relating to such air transportation; and, in case
of such joint rates, fares, and charges, to establish just, reasonable, and
equitable divisions thereof as between air carriers participating therein
which shall not unduly prefer or prejudice any of such participating air
carriers.
(2) It shall be the duty of every air carrier and foreign air carrier to
establish, observe, and enforce just and reasonable individual and joint
rates, fares, and charges, and just and reasonable classifications, rules,
regulations, and practices relating to foreign air transportation; and, in
case of such joint rates, fares, and charges, to establish just, reasonable,
and equitable divisions thereof as between air carriers or foreign air
carriers participating therein which shall not unduly prefer or prejudice any
of such participating air carriers or foreign air carriers.
(b) Unreasonable preference to particular person, port or locality prohibited
No air carrier or foreign air carrier shall make, give, or cause any
undue or unreasonable preference or advantage to any particular person, port,
locality, or description of traffic in air transportation in any respect
whatsoever or subject any particular person, port, locality, or description
of traffic in air transportation to any unjust discrimination or any undue or
unreasonable prejudice or disadvantage in any respect whatsoever.
(c) Prohibition on discrimination against handicapped individuals
(1) No air carrier may discriminate against any otherwise qualified
handicapped individual, by reason of such handicap, in the provision of air
transportation.
(2) For the purposes of paragraph (1) of this subsection the term
"handicapped individual" means any individual who has a physical or mental
impairment that substantially limits one or more major life activities, has a
record of such an impairment, or is regarded as having such an impairment.
(d) Prohibition against smoking on scheduled flights and tampering with
smoke alarm devices
(1)(A) On and after the date of expiration of the 4-month period
following December 22, 1987, it shall be unlawful to smoke in the passenger
cabin or lavatory on any scheduled airline flight segment in air
transportation or intrastate air transportation, which is--
(i) between any two points within Puerto Rico, the United States,
Virgin Islands, the Distict /1/ of Columbia, or any State of the United
States (other than Alaska and Hawaii), or between any point in any one
of the aforesaid jurisdictions (other than Alaska and Hawaii) and any
point in any other of such jurisdictions;
(ii) within the State of Alaska or within the State of Hawaii; or
(iii) scheduled for 6 hours or less in duration, and between any point
described in clause (i) and any point in Alaska or Hawaii, or between
any point in Alaska and any point in Hawaii.
NOTE /1/ So in original. Probably should be "District".
(B) The Secretary of Transportation shall issue such regulations as may
be necessary to carry out the provisions of this subsection.
(2) Any passenger who tampers with, disables, or destroys any smoke
alarm device located in any lavatory aboard an aircraft engaged in air
transportation or intrastate air transportation shall be subject to a civil
penalty in accordance with section 1471 of this Appendix, except that such
civil penalty may be imposed in an amount up to $2,000.
(Pub. L. 85-726, title IV, Sec. 404, Aug. 23, 1958, 72 Stat. 760; Pub. L.
92- 259, Sec. 1, Mar. 22, 1972, 86 Stat. 95; Pub. L. 95-504, Sec. 23, Oct.
24, 1978, 92 Stat. 1724; Pub. L. 99-435, Sec. 2(a), Oct. 2, 1986, 100 Stat.
1080; Pub. L. 100-202, Sec. 101(l) (title III, Sec. 328(a)), Dec. 22, 1987,
101 Stat. 1329-358, 1329-382; Pub. L. 101-164, title III, Sec. 335, Nov. 21,
1989, 103 Stat. 1098.)
Amendments
1989--Subsec. (d)(1)(A). Pub. L. 101-164 substituted "segment in air
transportation or intrastate air transportation, which is--
"(i) between any two points within Puerto Rico, the United States,
Virgin Islands, the Distict of Columbia, or any State of the United
States (other than Alaska and Hawaii), or between any point in any one
of the aforesaid jurisdictions (other than Alaska and Hawaii) and any
point in any other of such jurisdictions;
"(ii) within the State of Alaska or within the State of Hawaii; or
"(iii) scheduled for 6 hours or less in duration, and between any point
described in clause (i) and any point in Alaska or Hawaii, or between
any point in Alaska and any point in Hawaii" in subpar. (A) for
"in intrastate, interstate, or overseas air transportation, if such flight
is scheduled for 2 hours or less in duration".
Subsec. (d)(1)(C). Pub. L. 101-164 struck out subpar. (C) which read as
follows: "(C) The provisions of paragraph (1) of this subsection are repealed
effective on the expiration of the 28-month period following December 22,
1987."
1987--Subsec. (d). Pub. L. 100-202 added subsec. (d).
1986--Subsec. (c). Pub. L. 99-435 added subsec. (c).
1978--Subsec. (a)(1). Pub. L. 95-504 added a provision limiting service in
connection with other air carriers to those authorized by certificate or
exemption.
1972--Subsec. (a). Pub. L. 92-259 designated existing provisions as par.
(1) and added par. (2).
Effective Date of 1989 Amendment
Section 335 of Pub. L. 101-164 provided in part that the amendment of
subsection (d)(1)(A) of this section is effective "upon the commencement of
the 96th day following the date of enactment of this Act [Nov. 21, 1989]".
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Section 1551(a)(4)(C) of this Appendix provides that this section (to the
extent it relates to interstate and overseas air transportation) and the
authority of the Board with respect to this section (to the same extent)
shall cease to be in effect on Jan. 1, 1985, except insofar as this section
requires air carriers to provide safe and adequate service.
Regulations for Non-Discriminatory Treatment of Handicapped Individuals
Section 3 of Pub. L. 99-435 provided that: "Within one hundred and twenty
days after the date of enactment of this Act [Oct. 2, 1986], the Secretary of
Transportation shall promulgate regulations to ensure non-discriminatory
treatment of qualified handicapped individuals consistent with safe carriage
of all passengers on air carriers."
International Agreements
Subsec. (a)(2) of this section not to be deemed to authorize any actions
inconsistent with the provisions of section 1502 of this title, see section 4
of Pub. L. 92-259, set out as a note under section 1482 of this Appendix.
Sec. 1375. Transportation of mail
(a) Postal rules and regulations
The United States Postal Service is authorized to make such rules and
regulations, not inconsistent with the provisions of this chapter, or any
order, rule, or regulation made by the Board thereunder, as may be necessary
for the safe and expeditious carriage of mail by aircraft.
(b) Mail schedules
Each air carrier shall, from time to time, file with the Board and the
United States Postal Service a statement showing the points between which
such air carrier is authorized to engage in air transportation, and all
schedules, and all changes therein, of aircraft regularly operated by the
carrier between such points, setting forth in respect of each such schedule
the points served thereby and the time of arrival and departure at each such
point. The United States Postal Service may designate any such schedule for
the transportation of mail between the points between which the air carrier
is authorized by its certificate to transport mail, and may, by order,
require the air carrier to establish additional schedules for the
transportation of mail between such points. No change shall be made in any
schedules designated or ordered to be established by the United States Postal
Service except upon ten days' notice thereof filed as herein provided. The
United States Postal Service may by order disapprove any such change or
alter, amend, or modify any such schedule or change. No order of the United
States Postal Service under this subsection shall become effective until ten
days after its issuance. Any person who would be aggrieved by any such order
of the United States Postal Service under this subsection may, before the
expiration of such ten-day period, apply to the Board, under such regulations
as it may prescribe, for a review of such order. The Board may review, and,
if the public convenience and necessity so require, amend, revise, suspend,
or cancel such order; and, pending such review and the determination thereof,
may postpone the effective date of such order. The Board shall give
preference to proceedings under this subsection over all proceedings pending
before it. No air carrier shall transport mail in accordance with any
schedule other than a schedule designated or ordered to be established under
this subsection for the transportation of mail.
(c) Maximum mail load
The Board may fix the maximum mail load for any schedule or for any
aircraft or any type of aircraft; but, in the event that mail in excess of
the maximum load is tendered by the United States Postal Service for
transportation by any air carrier in accordance with any schedule designated
or ordered to be established by the United States Postal Service under
subsection (b) of this section for the transportation of mail, such air
carrier shall, to the extent such air carrier is reasonably able as
determined by the Board, furnish facilities sufficient to transport, and
shall transport, such mail as nearly in accordance with such scheule as the
Board shall determine to be possible.
(d) Tender of mail
From and after the issuance of any certificate authorizing the
transportation of mail by aircraft, the United States Postal Service shall
tender mail to the holder thereof, to the extent required by the United
States Postal Service, for transportation between the points named in such
certificate for the transportation of mail, and such mail shall be
transported by the air carrier holding such certificate in accordance with
such rules, regulations, and requirements as may be promulgated by the United
States Postal Service under this section.
(e) Foreign postal arrangement
(1) Nothing in this chapter shall be deemed to abrogate or affect any
arrangement made by the United States with the postal administration of any
foreign country with respect to transportation of mail by aircraft, or to
impair the authority of the United States Postal Service to enter into any
such arrangement with the postal administration of any foreign country.
(2) The United States Postal Service may, in any case where service may be
necessary by a person not a citizen of the United States who may not be
obligated to transport the mail for a foreign country, make arrangements,
without advertising, with such person for transporting mail by aircraft to or
within any foreign country.
(f) Transportation of foreign mail
(1) Any air carrier holding a certificate to engage in foreign air
transportation and transporting mails of foreign countries shall transport
such mails subject to control and regulations by the United States. The
United States Postal Service shall from time to time fix the rates of
compensation that shall be charged the respective foreign countries for the
transportation of their mails by such air carriers, and such rates shall be
put into effect by the United States Postal Service in accordance with the
provisions of the postal convention regulating the postal relations between
the United States and the respective foreign countries, or as provided
hereinafter in this subsection. In any case where the United States Postal
Service deems such action to be in the public interest, it may approve rates
provided in arrangements between any such air carrier and any foreign country
covering the transportation of mails of such country, under which mails of
such country have been carried on scheduled operations prior to January 1,
1938, or in extensions or modifications of such arrangements, and may permit
any such air carrier to enter into arrangements with any foreign country for
the transportation of its mails at rates fixed by the United States Postal
Service in advance of the making of any such arrangement. The United States
Postal Service may authorize any such air carrier, under such limitations as
the United States Postal Service may prescribe, to change the rates to be
charged any foreign country for the transportation of its mails by such air
carrier within that country or between that country and another foreign
country.
(2) In any case where such air carrier has an arrangement with any foreign
country for transporting its mails, made or approved in accordance with the
provisions of paragraph (1) of this subsection, it shall collect its
compensation from the foreign country under its arrangement, and in case of
the absence of any arrangement between the air carrier and the foreign
country consistent with this subsection, the collections made from the
foreign country by the United States shall be for the account of such air
carrier: Provided, That no such air carrier shall be entitled to receive
compensation both from such foreign country and from the United States in
respect of the transportation of the same mail or the same mails of foreign
countries.
(g) Evidence of performance of mail service
Air carriers transporting or handling United States mail shall submit,
under signature of a duly authorized official, when and in such form as may
be required by the United States Postal Service, evidence of the performance
of mail service; and air carriers transporting or handling mails of foreign
countries shall submit, under signature of a duly authorized official, when
and in such form as may be required by the United States Postal Service,
evidence of the amount of such mails transported or handled, and the
compensation payable and received therefor.
(h) Emergency mail service
In the event of emergency caused by flood, fire, or other calamitous
visitation, the United States Postal Service is authorized to contract,
without advertising, for the transportation by aircraft of any or all classes
of mail to or from localities affected by such calamity, where available
facilities of persons authorized to transport mail to or from such localities
are inadequate to meet the requirements of the United States Postal Service
during such emergency. Such contracts may be only for such periods as may be
necessitated, for the maintenance of mail service, by the inadequacy of such
other facilities. No operation pursuant to any such contract, for such
period, shall be air transportation within the purview of this chapter.
Payment of compensation for service performed under such contracts shall be
made, at rates provided in such contracts, from appropriations for the
transportation of mail by the means normally used for transporting the mail
transported under such contracts.
(i) Experimental airmail service
Nothing contained in this chapter shall be construed to repeal in whole or
in part the provisions of section 5402 of title 39. The transportation of
mail under contracts entered into under such section shall not, except for
sections 1371(k) and 1386(b) of this Appendix, be deemed to be "air
transportation" as used in this chapter, and the rates of compensation for
such transportation of mail shall not be fixed under this chapter.
(j) Free travel for postal employees
Every air carrier carrying the mails shall carry on any plane that it
operates and without charge therefor, the persons in charge of the mails when
on duty, and such duly accredited agents and officers of the United States
Postal Service, and post office inspectors, while traveling on official
business relating to the transportation of mail by aircraft, as the Board may
by regulation prescribe, upon the exhibition of their credentials.
(Pub. L. 85-726, title IV, Sec. 405, Aug. 23, 1958, 72 Stat. 760; Pub. L. 91-
375, Secs. 4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783.)
References in Text
This chapter, referred to in subsecs. (a), (e)(1), (h), and (i), was in the
original "this Act", meaning Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as
amended, known as the Federal Aviation Act of 1958. For complete
classification of this Act to the Code, see Short Title note set out under
section 1301 of this Appendix and Tables.
Codification
In subsec. (i), "section 5402 of title 39" was substituted for "section
6303 of title 39" on authority of Pub. L. 91-375, Sec. 6(q), Aug. 12, 1970,
84 Stat. 783, section 2 of which enacted Title 39, Postal Service. "Section
6303 of title 39" had previously been substituted for "section 470 of title
39" on authority of section 5 of Pub. L. 86-682, Sept. 2, 1960, 74 Stat. 705,
section 1 of which enacted former Title 39, The Postal Service.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Section 1551(a)(4)(A) of this Appendix provides that subsecs. (b), (c), and
(d) of this section (to the extent such provisions relate to interstate and
overseas air transportation) and the authority of the Board with respect to
such provisions (to the same extent) shall cease to be in effect on Jan. 1,
1985, except insofar as such subsections apply to the transportation of mail
between two points both of which are within the State of Alaska.
Section 1551(a)(8) of this Appendix provides that subsecs. (b) to (d) of
this section (to the extent such provisions apply to the transportation of
mail between two points both of which are within the State of Alaska) shall
cease to be in effect on Jan. 1, 1989.
Transfer of Functions
"United States Postal Service" was substituted for "Postmaster General" in
subsecs. (a) to (h), except the second time appearing in subsecs. (d) and (h)
where it was substituted for "Postal Service", and subsec. (j), where it was
substituted for "Post Office Department", and in subsec. (f), "United States
Postal Service deems such action to be in the public interest, it may
approve" was substituted for "Postmaster General deems such action to be in
the public interest, he may approve" pursuant to Pub. L. 91-375, Secs. 4(a),
6(o), Aug. 12, 1970, 84 Stat. 773, 783, which are set out as notes preceding
section 101 of Title 39, Postal Service, and under section 201 of Title 39,
respectively, which abolished the office of Postmaster General of the Post
Office Department and transferred its functions to the United States Postal
Service, and provided that references in other laws to the Post Office
Department or the Postal Service shall be considered a reference to the
United States Postal Service.
Sec. 1376. Rates for transportation of mail
(a) Authorization to fix rates
The Board is empowered and directed, upon its own initiative or upon
petition of the United States Postal Service or an air carrier, (1) to fix
and determine from time to time, after notice and hearing, the fair and
reasonable rates of compensation for the transportation of mail by aircraft,
the facilities used and useful therefor, and the services connected therewith
(including the transportation of mail by an air carrier by other means than
aircraft whenever such transportation is incidental to the transportation of
mail by aircraft or is made necessary by conditions of emergency arising from
aircraft operation), by each holder of a certificate authorizing the
transportation of mail by aircraft, and to make such rates effective from
such date as it shall determine to be proper; (2) to prescribe the method or
methods, by aircraft-mile, pound-mile, weight, space, or any combination
thereof, or otherwise, for ascertaining such rates of compensation for each
air carrier or class of air carriers; and (3) to publish the same. Nothing in
this section shall prohibit the Board from making payments as compensation
for the transportation of mail by aircraft, the facilities used and useful
therefor, and the services connected therewith, for the period August 1,
1973, through July 31, 1975, where such payments have already been provided
by Board order, to the holder of a certificate authorizing the transportation
of mail by aircraft, to the account or for the benefit of any air carrier
designated an "air taxi operator" by the Board, which provided air
transportation between points named in the holder's certificate in
satisfaction of an express condition to the suspension by Board order of the
holder's certificate authority to engage in air transportation between those
points. In no event shall such payments differ from the amount previously
provided by such Board order.
(b) Ratemaking elements
In fixing and determining fair and reasonable rates of compensation under
this section, the Board, considering the conditions peculiar to
transportation by aircraft and to the particular air carrier or class of air
carriers, may fix different rates for different air carriers or classes of
air carriers, and different classes of service. In determining the rate in
each case, the Board shall take into consideration, among other factors, (1)
the condition that such air carriers may hold and operate under certificates
authorizing the carriage of mail only by providing necessary and adequate
facilities and service for the transportation of mail; (2) such standards
respecting the character and quality of service to be rendered by air
carriers as may be prescribed by or pursuant to law; and (3) the need of each
such air carrier (other than a charter air carrier) for compensation for the
transportation of mail sufficient to insure the performance of such service,
and--
(A) during the period beginning on October 24, 1978 and ending on January
1, 1983, both dates inclusive, together with all other revenue of the air
carrier from the service for which the compensation is being paid; and
(B) after January 1, 1983, together with all other revenue of the air
carrier;
to enable such air carrier under honest, economical, and efficient
management, to provide (except for modifications with respect to an
individual point determined after January 1, 1983, to be required by the
public interest, after giving interested parties an opportunity for an
evidentiary hearing with respect to air transportation for such individual
point) air transportation of at least the same extent, character, and quality
as that provided during the year ending December 31, 1977, to maintain and
continue the development of air transportation to the extent and of the
character and quality required for the commerce of the United States, the
United States Postal Service, and the national defense. Notwithstanding any
other provision of this section, rates of compensation paid to any carrier
under this section for service performed between October 24, 1978 and January
1, 1983, shall be based on the subsidy need of such carrier with respect to
service performed to points for which such carrier was entitled to receive
compensation for serving during calendar year 1977. In the case of any local
service carrier, such subsidy need shall be based on the adjusted eligible
need of such carrier determined in a matter consistent with the provisions of
Local Service Class Subsidy Rate VIII, with technical adjustments, and in the
case of any other carrier receiving compensation during the twelve months
ended June 30, 1978, such subsidy need shall be determined pursuant to the
method in effect during the twelve months ended June 30, 1978. Any air
carrier receiving compensation from the Board pursuant to this section which,
before January 1, 1986, terminates service to a point for which such
compensation is paid shall not, if such service is resumed by such air
carrier, be eligible for compensation from the Board under this section for
such service. Nothing in this subsection shall be construed as prohibiting
any air carrier specified in the preceding sentence from applying for and
receiving compensation for such service under section 1389 of this Appendix.
In applying clause (3) of this subsection, the Board shall take into
consideration any standards and criteria prescribed by the Secretary of
Transportation, for determining the character and quality of transportation
required for the commerce of the United States and the national defense. In
determining compensation for any local service air carrier for the years
1964, 1965, and 1966 in accordance with the provisions of this subsection,
the Board shall apply Local Service Class Subsidy Rates III and III-A as set
forth in Board orders E-21311 and E-23850 (41 CAB 138 et seq. and 44 CAB 637
et seq.), except that the Board shall not apply that part of such order which
requires the Board to take into account any decrease in the Federal income
tax liability of such carrier for such year resulting from any net operating
loss carryback pursuant to section 172 of title 26.
(c) Payments for transportation of mail
The United States Postal Service shall make payments out of appropriations
for the transportation of mail by aircraft of so much of the total
compensation as is fixed and determined by the Board under this section
without regard to clause (3) of subsection (b) of this section. The Board
shall make payments of the remainder of the total compensation payable under
this section out of appropriations made to the Board for that purpose. The
Board shall make no payments under this section for any services performed
after January 1, 1986.
(d) Treatment of proceeds of disposition of certain property
In determining the need of an air carrier for compensation for the
transportation of mail, and such carrier's "other revenue" for the purpose of
this section, the Board shall not take into account--
(1) gains derived from the sale or other disposition of flight equipment
if (A) the carrier notifies the Board in writing that it has invested or
intends to reinvest the gains (less applicable expenses and taxes) derived
from such sale or other disposition in flight equipment, and (B) submits
evidence in the manner prescribed by the Board that an amount equal to such
gains (less applicable expenses and taxes) has been expended for purchase
of flight equipment or has been deposited in a special reequipment fund, or
(2) losses sustained from the sale or other disposition of flight
equipment.
Any amounts so deposited in a reequipment fund as above provided shall be
used solely for investment in flight equipment either through payments on
account of the purchase price or construction of flight equipment or in
retirement of debt contracted for the purchase or construction of flight
equipment, and unless so reinvested within such reasonable time as the Board
may prescribe, the carrier shall not have the benefit of this paragraph.
Amounts so deposited in the reequipment fund shall not be included as part of
the carrier's used and useful investment for purposes of this section until
expended as provided above: Provided, That the flight equipment in which said
gains may be invested shall not include equipment delivered to the carrier
prior to April 6, 1956: Provided further, That the provisions of this
subsection shall be effective as to all capital gains or losses realized on
and after April 6, 1956, with respect to the sale or other disposition of
flight equipment whether or not the Board shall have entered a final order
taking account thereof in determining all other revenue of the air carrier.
(e) Statements of United States Postal Service and carrier
Any petition for the fixing of fair and reasonable rates of compensation
under this section shall include a statement of the rate the petitioner
believes to be fair and reasonable. The United States Postal Service shall
introduce as part of the record in all proceedings under this section a
comprehensive statement of all service to be required of the air carrier and
such other information in its possession as may be deemed by the Board to be
material to the inquiry.
(f) Weighing of mail
The United States Postal Service may weigh the mail transported by aircraft
and make such computations for statistical and administrative purposes as may
be required in the interest of the mail service. The United States Postal
Service is authorized to employ such clerical and other assistance as may be
required in connection with proceedings under this chapter. If the Board
shall determine that it is necessary or advisable, in order to carry out the
provisions of this chapter, to have additional and more frequent weighing of
the mails, the United States Postal Service, upon request of the Board shall
provide therefor in like manner, but such weighing need not be for continuous
periods of more than thirty days.
(g) Availability of appropriations
Except as otherwise provided in section 1375(h) of this Appendix, the
unexpended balances of all appropriations for the transportation of mail by
aircraft pursuant to contracts entered into under the Air Mail Act of 1934,
as amended, and the unexpended balances of all appropriations available for
the transportation of mail by aircraft in Alaska, shall be available, in
addition to the purposes stated in such appropriations, for the payment of
compensation by the United States Postal Service as provided in this chapter,
for the transportation of mail by aircraft, the facilities used and useful
therefor, and the services connected therewith, between points in the
continental United States or between points in Hawaii or in Alaska or between
points in the continental United States and points in Canada within one
hundred and fifty miles of the international boundary line. Except as
otherwise provided in section 1375(h) of this Appendix, the unexpended
balances of all appropriations for the transportation of mail by aircraft
pursuant to contracts entered into under the Act of March 8, 1928, as
amended, shall be available, in addition to the purposes stated in such
appropriations, for payment to be made by the United States Postal Service,
as provided by this chapter, in respect of the transportation of mail by
aircraft, the facilities used and useful therefor, and the services connected
therewith, between points in the United States and points outside thereof, or
between points in the continental United States and Territories or
possessions of the United States, or between Territories or possessions of
the United States.
(h) Payments to foreign air carriers; rates pursuant to Universal Postal
Union Convention; criteria for changes in rates by Civil Aeronautics
Board
(1) In any case where air transportation is performed between the United
States and any foreign country, both by aircraft owned or operated by one or
more air carriers holding a certificate under this subchapter and by aircraft
owned or operated by one or more foreign air carriers, the United States
Postal Service shall not pay to or for the account of any such foreign air
carrier a rate of compensation for transporting mail by aircraft between the
United States and such foreign country, which, in its opinion, will result
(over such reasonable period as the United States Postal Service may
determine, taking account of exchange fluctuations and other factors) in such
foreign air carrier receiving a higher rate of compensation for transporting
such mail than such foreign country pays to air carriers for transporting its
mail by aircraft between such foreign country and the United States, or
receiving a higher rate of compensation for transporting such mail than a
rate determined by the United States Postal Service to be comparable to the
rate such foreign country pays to air carriers for transporting its mail by
aircraft between such foreign country and intermediate country on the route
of such air carrier between such foreign country and the United States.
(2) The Secretary of State and the United States Postal Service each shall
take all necessary and appropriate actions to assure that the rates paid for
the transportation of mail pursuant to the Universal Postal Union Convention
shall not be higher than fair and reasonable rates for such services. The
Secretary of State and the United States Postal Service shall oppose any
present or proposed Universal Postal Union rates which are higher than such
fair and reasonable rates.
(3) The Civil Aeronautics Board shall act expeditiously on any proposed
changes in rates for the transportation of mail by aircraft in foreign air
transportation. In establishing such rates, the Board shall take into
consideration rates paid for transportation of mail pursuant to the Universal
Postal Union Convention as ratified by the United States Government, shall
take into account all of the rate-making elements employed by the Universal
Postal Union in fixing its airmail rates, and shall further consider the
competitive disadvantage to United States flag air carriers resulting from
foreign air carriers receiving Universal Postal Union rates for the carriage
of United States mail and the national origin mail of their own countries.
(Pub. L. 85-726, title IV, Sec. 406, Aug. 23, 1958, 72 Stat. 763; Pub. L. 87-
528, Sec. 5, July 10, 1962, 76 Stat. 145; Pub. L. 89-670, Sec. 8(a), Oct. 15,
1966, 80 Stat. 942; Pub. L. 91-375, Secs. 4(a), 6(o), Aug. 12, 1970, 84 Stat.
773, 783; Pub. L. 93-623, Sec. 4, Jan. 3, 1975, 88 Stat. 2103; Pub. L. 95-
163, Secs. 12(a), 13, Nov. 9, 1977, 91 Stat. 1282; Pub. L. 95-504, Secs. 24,
25(a), Oct. 24, 1978, 92 Stat. 1725; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,
100 Stat. 2095.)
References in Text
This chapter, referred to in subsecs. (f) and (g), was in the original
"this Act", meaning Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended,
known as the Federal Aviation Act of 1958. For complete classification of
this Act to the Code, see Short Title note set out under section 1301 of this
Appendix and Tables.
The Air Mail Act of 1934, as amended, referred to in subsec. (g), probably
means act Mar. 27, 1934, ch. 100, 48 Stat. 508, which is not classified to
the Code.
The act of Mar. 8, 1928, as amended, referred to in subsec. (g), means act
Mar. 8, 1928, ch. 149, 45 Stat. 248, which enacted sections 465a and 465b of
former Title 39, The Postal Service, and which was repealed by act June 23,
1938, ch. 601, Sec. 1107(k), 52 Stat. 1029.
Amendments
1986--Subsec. (b). Pub. L. 99-514 substituted "Internal Revenue Code of
1986" for "Internal Revenue Code of 1954", which for purposes of codification
was translated as "title 26" thus requiring no change in text.
1978--Subsec. (b). Pub. L. 95-504, Secs. 24(a), 25(a), excluded charter air
carriers from the provisions of cl. (3), substituted "the years 1964, 1965,
and 1966" for "the year 1966", "Rates III and III-A" for "Rate III-A", and
"orders E-21311 and E-23850 (41 CAB 138 et seq. and 44 CAB 637 et seq.)" for
"order E-23850 (44 CAB 637 et seq.)", and added provisions relating to the
Oct. 24, 1978 to Jan. 1, 1983 air service period.
Subsec. (c). Pub. L. 95-504, Sec. 24(b), added provision prohibiting Board
from making payments for services performed after January 1, 1986.
1977--Subsec. (a). Pub. L. 95-163, Sec. 13, provided that nothing in this
section shall prohibit the Board from making payments as compensation for the
transportation of mail by aircraft, the facilities used and useful therefor,
and the services connected therewith, for the period August 1, 1973, through
July 31, 1975, where such payments have already been provided by Board order,
to the holder of a certificate authorizing the transportation of mail by
aircraft, to the account or for the benefit of any air carrier designated an
"air taxi operator" by the Board, which provided air transportation between
points named in the holder's certificate in satisfaction of an express
condition to the suspension by Board order of the holder's certificate
authority to engage in air transportation between those points, but that, in
no event could such payments differ from the amount previously provided by
such Board order.
Subsec. (b). Pub. L. 95-163, Sec. 12(a), provided that in determining
compensation for any local service air carrier for the year 1966 in
accordance with the provisions of this subsection, the Board shall apply
Local Service Class Subsidy Rate III-A as set forth in Board order E-23850
(44 CAB 637 et seq.), except that the Board shall not apply that part of such
order which requires the Board to take into account any decrease in the
Federal income tax liability of such carrier for such year resulting from any
net operating loss carryback pursuant to section 172 of Title 26.
1975--Subsec. (h). Pub. L. 93-623 designated existing provisions as par.
(1), and added pars. (2) and (3).
1966--Subsec. (b). Pub. L. 89-670 provided that, in applying clause (3),
the Board shall take into consideration any standards and criteria prescribed
by the Secretary of Transportation, for determining the character and quality
of transportation required for the commerce of the United States and the
national defense.
1962--Subsec. (b). Pub. L. 87-528 inserted "(other than a supplemental air
carrier)" following "each such air carrier" in cl. (3).
Effective Date of 1966 Amendment
Amendment by Pub. L. 89-670 effective 90 days after the Secretary of
Transportation first takes office, or on any earlier date after Oct. 15,
1966, as the President prescribes and publishes in the Federal Register, see
section 15(a) of Pub. L. 89-670, set out as an Effective Date note under
section 1651 of this Appendix.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
In subsecs. (a), (c), (f), (g), and (h)(1) and (2), "United States Postal
Service" was substituted for "Postmaster General", in subsec. (b), "United
States Postal Service" was substituted for "Postal Service", and in subsecs.
(e) and (h)(1) (the first time appearing) "United States Postal Service" and
"its" were substituted for "Postmaster General" and "his", respectively,
pursuant to Pub. L. 91-375, Secs. 4(a), 6(o), Aug. 12, 1970, 84 Stat. 773,
783, which are set out as notes preceding section 101 of Title 39, Postal
Service, and under section 201 of Title 39, respectively, which abolished the
office of Postmaster General of the Post Office Department and transferred
its functions to the United States Postal Service, and provided that
references in other laws to the Postal Service shall be considered a
reference to the United States Postal Service.
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
Redetermination of Compensation for Local Service Air Carriers for 1964,
1965, or 1966
Section 12(b) of Pub. L. 95-163, as amended by Pub. L. 95-504, Sec. 25(b),
Oct. 24, 1978, 92 Stat. 1726, provided that: "In the event that the Civil
Aeronautics Board in determining the amount of compensation to be paid to any
local service air carrier for the year 1964, 1965, or 1966 in accordance with
the provisions of section 406(b) of the Federal Aviation Act of 1958 [subsec.
(b) of this section] took into account any decrease in the Federal income tax
liability for such air carrier for such year resulting from any net operating
loss carryback pursuant to section 172 of the Internal Revenue Code of 1954,
[section 172 of Title 26, Internal Revenue Code], the Board shall redetermine
the compensation to be paid to such air carrier in accordance with section
406(b) as amended by this section, and shall make payment to such air carrier
of any amount owed to such carrier as provided in such redetermination."
Sec. 1376a. Prohibition on expenditure of funds for mail transportation
services provided after September 30, 1982; other limitations
Notwithstanding any other provision of law, none of the funds hereafter
appropriated by this or any other Act shall be expended under section 1376 of
this Appendix for services provided after September 30, 1982: Provided
further, That, notwithstanding any other provision of law or of the previous
provision of this paragraph, payments shall be made from funds appropriated
herein and in accordance with the provisions of this paragraph to carriers
providing, as of September 30, 1982, services covered by rates fixed under
section 1376 of this Appendix (excluding services covered by payments under
section 1389(a)(7) of this Appendix and services in the State of Alaska):
Provided further, That, notwithstanding any other provision of law, such
payments shall be based upon rate orders applicable to such carriers as of
July 1, 1982, but shall not exceed $13,500,000 in the aggregate: Provided
further, That, notwithstanding any other provision of law, to the extent
necessary to meet this limitation, such payments shall be reduced by a
percentage which is the same for all carriers eligible for such payments:
Provided further, That nothing in this Act shall be deemed to prevent the
Board from granting an application under section 1389(a)(11)(A) of this
Appendix pertaining to a carrier receiving compensation under this Act, in
which event the standards and procedures set forth in section 1389(a)(11)(A)
of this Appendix shall apply.
(Pub. L. 97-369, title II, Sec. 201, Dec. 18, 1982, 96 Stat. 1778.)
References in Text
This Act, referred to in text, is Pub. L. 97-369, Dec. 18, 1982, 96 Stat.
1765, known as the Department of Transportation and Related Agencies
Appropriations Act, 1983. For complete classification of this Act to the
Code, see Tables.
Codification
Section was enacted as part of the Department of Transportation and Related
Agencies Appropriations Act, 1983, and not as part of the Federal Aviation
Act of 1958 which comprises this chapter.
Appropriations; Additional Amounts for Liquidation of Obligations Incurred
Prior to September 30, 1982; Prohibition on Expenditure of Funds for Services
After September 30, 1982; Other Limitations
Pub. L. 97-276, Sec. 130, Oct. 2, 1982, 96 Stat. 1196, provided that:
"Notwithstanding any other provision of this joint resolution [Pub. L. 97-
276], except section 102 [not classified to the Code], and notwithstanding
any other provision of law for payments to air carriers of so much of the
compensation fixed and determined by the Civil Aeronautics Board under
section 419 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1389)
[49 App. U.S.C. 1389], as is payable by the Board, $48,400,000 is
appropriated to remain available until expended, and such amounts as may be
necessary to liquidate obligations incurred prior to September 30, 1982,
under 49 U.S.C. 1376 and 1389 [49 App. U.S.C. 1376, 1389]: Provided, That,
notwithstanding any other provision of law, none of the funds hereafter
appropriated by this joint resolution or any other Act shall be expended
under section 406 (49 U.S.C. 1376) [49 App. U.S.C. 1376] for services
provided after September 30, 1982: Provided further, That, notwithstanding
any other provision of law or of the previous provision of this paragraph,
payments shall be made from funds appropriated herein and in accordance with
the provisions of this paragraph to carriers providing, as of September 30,
1982, services covered by rates fixed under section 406 of the Federal
Aviation Act [49 App. U.S.C. 1376] (excluding services covered by paymen@
under section 419(a)(7) [49 App. U.S.C. 1389(a)(7)] and services in the State
of Alaska): Provided further, That, notwithstanding any other provision of
law, such payments shall be based upon rate orders applicable to such
carriers as of July 1, 1982, but shall not exceed $13,500,000 in the
aggregate: Provided further, That, notwithstanding any other provision of
law, to the extent necessary to meet this limitation, such payments shall be
reduced by a percentage which is the same for all carriers eligible for such
payments: Provided further, That nothing in this joint resolution shall be
deemed to prevent the Board from granting an application under section
419(a)(11)(A) (49 U.S.C. 1389) [49 App. U.S.C. 1389(a)(11)(A)] pertaining to
a carrier receiving compensation under this joint resolution, in which event
the standards and procedures set forth in section 419(a)(11)(A) [49 App.
U.S.C. 1389(a)(11)(A)] shall apply."
Sec. 1376b. Carrier claims for compensation for transportation of mail or for
small community air service
(a) Action in United States Court of Federal Claims
Any air carrier having a claim for compensation under section 1376 or
1389(a)(7)(B) of this Appendix, decided by the Civil Aeronautics Board
(hereinafter referred to as the "Board") may bring an action directly on the
claim in the United States Court of Federal Claims as provided in section
10(a) of the Contract Disputes Act of 1978 [41 U.S.C. 609(a)] with respect to
claims which have been decided by a contracting officer. Failure by the Board
to issue a final decision on a final claim within one year after it was filed
with the Board, or by December 18, 1982, whichever is later, shall be deemed
to be a decision by the Board denying the claim, and will authorize an action
on the claim as provided in this section. This section shall apply to any
claim decided, or deemed to have been decided, by the Board after January 1,
1981, including any claim remanded to the Board by a United States court of
appeals, irrespective of when the claim was filed with the Board. Any action
under this section shall be filed within one hundred and twenty days after
the claim has been decided or is deemed to have been decided by the Board, or
within one hundred and twenty days after December 18, 1982, whichever is
later. Any petition for review of a decision of the Board with respect to any
such claim pending in a United States court of appeals on December 18, 1982,
shall be dismissed without prejudice upon motion of the petitioner.
(b) Applicability of Contract Disputes Act of 1978
Except as provided herein, the following provisions of the Contract
Disputes Act of 1978 [41 U.S.C. 601 et seq.] shall apply with respect to any
claim to which this section applies as if such claim were a claim with
respect to a decision of a contracting officer under section 10(a) of such
Act [41 U.S.C. 609(a)] and as if the Board were a contracting officer:
(1) Section 12 [41 U.S.C. 611], relating to interest, which shall be
payable by decision of the Board or the Court of Claims /1/ at the rates
provided in such section, not to precede November 1, 1978.
NOTE /1/ Probably should be "Court of Federal Claims".
(2) Section 13 [41 U.S.C. 612], relating to the payment of claims and
judgments.
(3) Section 14(i), relating to the jurisdiction of the United States Court
of Federal Claims.
(c) Use of record developed at hearing before administrative law judge
If an administrative law judge has issued an initial decision after a
hearing on the record in the case before the Board, the court may, in its
discretion, rely upon the evidence adduced at such hearing and may give such
initial decision such weight as it deems appropriate.
(Pub. L. 97-369, title III, Sec. 322, Dec. 18, 1982, 96 Stat. 1784; Pub. L.
102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
References in Text
The Contract Disputes Act of 1978, referred to in subsec. (b), is Pub. L.
95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is classified
principally to chapter 9 (Sec. 601 et seq.) of Title 41, Public Contracts.
Section 14(i) of the Contract Disputes Act of 1978 amended section 1491 of
Title 28, Judiciary and Judicial Procedure. For complete classification of
this Act to the Code, see Short Title note set out under section 601 of Title
41 and Tables.
Codification
Section was enacted as part of the Department of Transportation and Related
Agencies Appropriations Act, 1983, and not as part of the Federal Aviation
Act of 1958 which comprises this chapter.
Amendments
1992--Subsecs. (a), (b)(3). Pub. L. 102-572 substituted "United States
Court of Federal Claims" for "United States Claims Court" each place such
term appeared.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1377. Accounts, records, and reports
(a) Filing of reports
The Board is empowered to require annual, monthly, periodical and special
reports from any air carrier or foreign air carrier; to prescribe the manner
and form in which such reports shall be made; and to require from any air
carrier or foreign air carrier specific answers to all questions upon which
the Board may deem information to be necessary. Such reports shall be under
oath whenever the Board so requires. The Board may also require any air
carrier or foreign air carrier to file with it a true copy of each or any
contract, agreement, understanding, or arrangement, between such air carrier
or foreign air carrier and any other carrier or person, in relation to any
traffic affected by the provisions of this chapter.
(b) Disclosure of stock ownership
Each air carrier shall submit annually, and at such other times as the
Board shall require, a list showing the names of each of its stockholders or
members holding more than 5 per centum of the entire capital stock or
capital, as the case may be, of such air carrier, together with the name of
any person for whose account, if other than the holder, such stock is held;
and a report setting forth a description of the shares of stock, or other
interest, held by such air carrier, or for its account, in persons other than
itself. Any person owning, beneficially or as trustee, more than 5 per centum
of any class of the capital stock or capital, as the case may be, of an air
carrier shall submit annually, and at such other times as the Board may
require, a description of the shares of stock or other interest owned by such
person, and the amount thereof.
(c) Disclosure of stock ownership by officer or director
Each officer and director of an air carrier shall annually and at such
other times as the Board shall require transmit to the Board a report
describing the shares of stock or other interests held by him in any air
carrier, any person engaged in any phase of aeronautics, or any common
carrier, and in any person whose principal business, in purpose or in fact,
is the holding of stock in, or control of, air carriers, other persons
engaged in any phase of aeronautics, or common carriers.
(d) Form of accounts, records, and memoranda
The Board shall prescribe the forms of any and all accounts, records, and
memoranda to be kept by air carriers, including the accounts, records, and
memoranda of the movement of traffic, as well as of the receipts and
expenditures of money, and the length of time such accounts, records, and
memoranda shall be preserved; and it shall be unlawful for air carriers to
keep any accounts, records, or memoranda other than those prescribed or
approved by the Board: Provided, That any air carrier may keep additional
accounts, records, or memoranda if they do not impair the integrity of the
accounts, records, or memoranda prescribed or approved by the Board and do
not constitute an undue financial burden on such air carrier.
(e) Inspection of accounts and property
The Board shall have access to all lands, buildings, and equipment of any
air carrier or foreign air carrier when necessary for a determination under
section 1371, 1372, 1388, or 1389 of this Appendix that such carrier is fit,
willing, and able. The Board shall at all times have access to all accounts,
records, and memorandums, including all documents, papers, and
correspondence, now or hereafter existing, and kept or required to be kept by
air carriers, foreign air carriers, or ticket agents. The Board may employ
special agents or auditors, who shall have authority under the orders of the
Board to inspect and examine lands, buildings, equipment, accounts, records,
and memorandums to which the Board has access under this subsection. The
provisions of this section shall apply, to the extent found by the Board to
be reasonably necessary for the administration of this chapter, to persons
having control over any air carrier, or affiliated with any air carrier
within the meaning of section 11343(c) of title 49.
(Pub. L. 85-726, title IV, Sec. 407, Aug. 23, 1958, 72 Stat. 766; Pub. L. 91-
62, Sec. 1(1), Aug. 20, 1969, 83 Stat. 103; Pub. L. 93-623, Sec. 7(b), Jan.
3, 1975 88 Stat. 2105; Pub. L. 96-192, Sec. 10, Feb. 15, 1980, 94 Stat. 38;
Pub. L. 98-443, Sec. 9(t), Oct. 4, 1984, 98 Stat. 1708.)
Codification
In subsec. (e), "section 11343(c) of Title 49" was substituted for "section
5(8) [(7)] of this Appendix" on authority of Pub. L. 95-473, Sec. 3(b), Oct.
17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV (Sec.
10101 et seq.) of Title 49, Transportation. Reference to section 5(8) in the
original should have been to section 5(7), which was the correct reference to
the definition of affiliation with a carrier.
Amendments
1984--Subsec. (e). Pub. L. 98-443 substituted provision that the Board
shall have access to all lands, buildings, and equipment of any carrier or
foreign air carrier when necessary for a determination under section 1371,
1372, 1388, or 1389 of this Appendix that such carrier is fit, willing, and
able for provision that the Board would at all times have access to all
lands, buildings, and equipment of any air carrier or foreign air carrier.
1980--Subsec. (a). Pub. L. 96-192 added "or foreign air carrier" following
"air carrier" wherever appearing.
1975--Subsec. (e). Pub. L. 93-623 substituted "air carrier or foreign air
carrier" for "carrier" and "air carriers, foreign air carriers, or ticket
agents" for "air carriers".
1969--Subsec. (b). Pub. L. 91-62 added the provision requiring any person
owning, beneficially or as trustee, more than 5 per centum of any class of
capital stock or capital of an air carrier to submit annually, and at such
other times as the Board requires, a description of the shares of stock or
other interest owned by such person, and the amount thereof.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of
Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government
Organization and Employees.
Effective Date of 1969 Amendment
Section 2 of Pub. L. 91-62 provided that: "The amendments made by this Act
[amending sections 1377 and 1378 of this Appendix] shall take effect as of
August 5. 1969."
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Section 1551(a)(5)(A) of this Appendix provides that subsecs. (b) and (c)
of this section and the authority of the Board with respect to such
provisions shall cease to be in effect on Jan. 1, 1985.
Sec. 1378. Consolidation, merger, and acquisition of control
(a) Prohibited acts
Except as provided in subsection (b) of this section, it shall be
unlawful--
(1) for two or more air carriers, or for any air carrier and any other
common carrier or any person substantially engaged in the business of
aeronautics, to consolidate or merge their properties, or a substantial
portion thereof, into one person for the ownership, management, or
operation of the properties previously in separate ownerships;
(2) for any air carrier, any person controlling an air carrier, any other
common carrier, or any person substantially engaged in the business of
aeronautics, to purchase, lease, or contract to operate all or a
substantial portion of the properties of any air carrier;
(3) for any air carrier or person controlling an air carrier to purchase,
lease, or contract to operate all or a substantial portion of the
properties of any person substantially engaged in the business of
aeronautics otherwise than as an air carrier;
(4) for any foreign air carrier or person controlling a foreign air
carrier to acquire control in any manner whatsoever of any citizen of the
United States substantially engaged in the business of aeronautics;
(5) for any air carrier or person controlling an air carrier, any other
common carrier, or any person substantially engaged in the business of
aeronautics to acquire control of any air carrier in any manner whatsoever;
(6) for any air carrier or person controlling a certificated air carrier
to acquire control, in any manner whatsoever, of any person substantially
engaged in the business of aeronautics other than as an air carrier; or
(7) for any person to continue to maintain any relationship established
in violation of any of the foregoing paragraphs of this subsection.
(b) Power of Board
(1) In any case in which one or more of the parties to a consolidation,
merger, purchase, lease, operating contract, or acquisition of control,
specified in subsection (a) of this section is an air carrier holding a valid
certificate issued by the Board under section 1371(d) of this Appendix to
engage in interstate or overseas air transportation, a foreign air carrier,
or a person controlling, controlled by, or under common control with, such an
air carrier or a foreign air carrier, the person seeking approval of such
transaction shall present an application to the Board, and, at the same time,
a copy to the Attorney General and the Secretary of Transportation, and
thereupon the Board shall notify the persons involved in the transaction and
other persons known to have a substantial interest in the proceeding, of the
manner in which the Board will proceed in disposing of such application.
Unless, after a hearing, the Board finds that the transaction will not be
consistent with the public interest or that the conditions of this section
will not be fulfilled, it shall, by order, approve such transaction, upon
such terms and conditions as it shall find to be just and reasonable and with
such modifications as it may prescribe, except the Board shall not approve
such transaction--
(A) if it would result in a monopoly or would be in furtherance of any
combination or conspiracy to monopolize or to attempt to monopolize the
business of air transportation in any region of the United States; or
(B) the effect of which in any region of the United States may be
substantially to lessen competition, or to tend to create a monopoly, or
which in any other manner would be in restraint of trade, unless the Board
finds that the anticompetitive effects of the proposed transaction are
outweighed in the public interest by the probable effect of the transaction
in meeting significant transportation conveniences and needs of the public,
and unless it finds that such significant transportation conveniences and
needs may not be satisfied by a reasonably available alternative having
materially less anticompetitive effects.
The party challenging the transaction shall bear the burden of proving the
anticompetitive effects of such transaction, and the proponents of the
transaction shall bear the burden of proving that it meets the significant
transportation conveniences and needs of the public and that such
conveniences and needs may not be satisfied by a less anticompetitive
alternative.
(2) In any case in which the Board determines that the transaction which is
the subject of the application does not affect the control of an air carrier
directly engaged in the operation of aircraft in air transportation, and
determines that neither the Attorney General, nor the Secretary, nor any
other person disclosing a substantial interest in the transaction then
currently is requesting a hearing, the Board, no sooner than 30 days after
publication in the Federal Register of notice of the Board's intention to
dispose of such application without a hearing (a copy of which notice shall
be furnished by the Board to the Attorney General and the Secretary not later
than the day following the date of such publication), may determine that the
public interest does not require a hearing and, in accordance with the
standards set forth in subparagraphs (A) and (B) of paragraph (1) of this
subsection, by order, approve or disapprove such transaction.
(3)(A) In any case in which none of the parties to a consolidation, merger,
purchase, lease, operating contract, or acquisition of control, specified in
subsection (a) of this section, is an air carrier holding a valid certificate
issued by the Board under section 1371(d) of this Appendix to engage in
interstate or overseas air transportation, a foreign air carrier, or a person
controlling, controlled by, or under common control with, such an air carrier
or a foreign air carrier, any person seeking approval of such transaction
shall file with the Board not later than the forty-fifth day before the
effective date of such transaction, a statement of its intent to enter into
any of the prohibited acts set forth in subsection (a) of this section. The
Board may, within forty-five days after the date of such filing, require such
person to file an application for approval pursuant to the requirements of
paragraph (1) of this subsection if it finds either that the proposed
transaction may monopolize, tend to monopolize, or otherwise restrain
competition in air transportation in any section of the country or that the
person may not be fit, willing, and able to properly perform the
transportation authorized by any license which is a part of such transaction
and to conform to the provisions of this chapter and the rules, regulations,
and requirements of the Board issued pursuant to this chapter. Subject to
subparagraph (B) of this paragraph, if the Board fails to require such person
to file an application pursuant to such paragraph (1) within such forty-five
days, the proposed transaction shall not be subject to subsection (a) of this
section.
(B) If the Board determines that any transaction is not subject to
subsection (a) of this section as a result of the last sentence of
subparagraph (A) of this paragraph and such transaction received such
statutory exemption due to any fraud, misrepresentation, or omission of
relevant and material facts, the Board may, pursuant to rules which it is
authorized to prescribe, make such transaction subject to subsection (a) of
this section.
(c) Interests in ground facilities
The provisions of this section and section 1379 of this Appendix shall not
apply with respect to the acquisition or holding by any air carrier, any
person controlling such air carrier, or any officer or director thereof, of
(1) any interest in any ticket office, landing area, hangar, or other ground
facility reasonably incidental to the performance by such air carrier of any
of its services, or (2) any stock or other interest or any office or
directorship in any person whose principal business is the maintenance or
operation of any such ticket office, landing area, hangar, or other ground
facility.
(d) Jurisdiction of accounts of noncarriers
Whenever, after the effective date of this section, a person, not an air
carrier, is authorized, pursuant to this section, to acquire control of an
air carrier, such person thereafter shall, to the extent found by the Board
to be reasonably necessary for the administration of this chapter, be
subject, in the same manner as if such person were an air carrier, to the
provisions of this chapter relating to accounts, records, and reports, and
the inspection of facilities and records, including the penalties applicable
in the case of violations thereof.
(e) Investigation of violations
The Board is empowered, upon complaint or upon its own initiative, to
investigate and, after notice and hearing, to determine whether any person is
violating any provision of subsection (a) of this section. If the Board finds
after such hearing that such person is violating any provision of such
subsection, it shall by order require such person to take such action,
consistent with the provisions of this chapter, as may be necessary, in the
opinion of the Board, to prevent further violation of such provision.
(f) Presumption of control; beneficial ownership
For the purposes of this section, any person owning beneficially 10 per
centum or more of the voting securities or capital, as the case may be, of an
air carrier shall be presumed to be in control of such air carrier unless the
Board finds otherwise. As used herein, beneficial ownership of 10 per centum
of the voting securities of a carrier means ownership of such amount of its
outstanding voting securities as entitles the holder thereof to cast 10 per
centum of the aggregate votes which the holders of all the outstanding voting
securities of such carrier are entitled to cast.
(Pub. L. 85-726, title IV, Sec. 408, Aug. 23, 1958, 72 Stat. 767; Pub. L. 86-
758, Sec. 1, Sept. 13, 1960, 74 Stat. 901; Pub. L. 91-62, Sec. 1(2), (3)(A),
Aug. 20, 1969, 83 Stat. 103, 104; Pub. L. 95-504, Sec. 26, Oct. 24, 1978, 92
Stat. 1726.)
Amendments
1978--Subsec. (a). Pub. L. 95-504, Sec. 26(a)(1), amended subsec. (a)
generally, striking out provision authorizing the Board to exempt any
acquisition of a noncertificated air carrier in the public interest under
par. (5) and substituting "person substantially engaged" for "person engaged"
and "business of aeronautics" for "aeronautics" wherever appearing.
Subsec. (b). Pub. L. 95-504, Sec. 26(a)(2), in par. (1), added provisions
requiring a copy of any application for specified transactions to be
submitted to the Attorney General and the Secretary of Transportation and
allocating the burdens of proving anticompetitive effects of specified
transactions and compliance with the convenience and necessity standard
between proponents and opponents of the proposed transactions, struck out
provision authorizing the Board to treat non-air carriers as air carriers in
certain cases and, added pars. (2) and (3).
Subsec. (c). Pub. L. 95-504, Sec. 26(b), inserted "any person controlling
such air carrier" following "by any air carrier".
1969--Subsec. (a)(5). Pub. L. 91-62, Sec. 1(2), added "or any other person"
following "phase of aeronautics", and the proviso authorizing the Board to
exempt any acquisition of a noncertificated air carrier from the prohibition
of this subsection to the extent and for such periods as may be in the public
interest.
Subsec. (f). Pub. L. 91-62, Sec. 1(3)(A), added subsec. (f).
1960--Subsec. (b). Pub. L. 86-758 added the proviso permitting the Board to
dispose of an application without a hearing, where it does not affect the
control of an air carrier directly engaged in operating aircraft in air
transportation, does not create a monopoly or restrain competition, where no
one with a substantial interest is currently requesting a hearing, and
publication in the Federal Register of such intention to dispose is made.
Effective Date of 1969 Amendment
Amendment by Pub. L. 91-62 effective Aug. 5, 1969, see section 2 of Pub. L.
91-62, set out as a note under section 1377 of this Appendix.
Effective Date of 1960 Amendment
Section 2 of Pub. L. 86-758 provided that: "The amendment made by the first
section of this Act [amending subsec. (b) of this section] shall apply only
with respect to applications submitted to the Civil Aeronautics Board on or
after the date of enactment of this Act [Sept. 13, 1960]."
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Section 1551(a)(7) of this Appendix provides that this section and the
authority of the Secretary of Transportation under this section (to the same
extent) shall cease to be in effect on Jan. 1, 1989.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
Sec. 1379. Interlocking relationships
It shall be unlawful, unless such relationship shall have been approved by
order of the Board upon due showing, in the form and manner prescribed by the
Board, that the public interest will not be adversely affected thereby--
(1) For any air carrier to have and retain an officer or director who is
an officer, director, or member, or who as a stockholder holds a
controlling interest, in any other person who is a common carrier or is
substantially engaged in the business of aeronautics.
(2) For any air carrier, knowingly and willfully, to have and retain an
officer or director who has a representative or nominee who represents such
officer or director as an officer, director, or member, or as a stockholder
holding a controlling interest, in any other person who is a common carrier
or is substantially engaged in the business of aeronautics.
(3) For any person who is an officer or director of an air carrier to
hold the position of officer, director, or member, or to be a stockholder
holding a controlling interest, or to have a representative or nominee who
represents such person as an officer, director, or member, or as a
stockholder holding a controlling interest, in any other person who is a
common carrier or is substantially engaged in the business of aeronautics.
(4) For any air carrier to have and retain an officer or director who is
an officer, director, or member, or who as a stockholder holds a
controlling interest, in any person whose principal business, in purpose or
in fact, is the holding of stock in, or control of, any other person
substantially engaged in the business of aeronautics.
(5) For any air carrier, knowingly and willfully, to have and retain an
officer or director who has a representative or nominee who represents such
officer or director as an officer, director, or member, or as a stockholder
holding a controlling interest, in any person whose principal business, in
purpose or in fact, is the holding of stock in, or control of, any other
person substantially engaged in the business of aeronautics.
(6) For any person who is an officer or director of an air carrier to
hold the position of officer, director, or member, or to be a stockholder
holding a controlling interest, or to have a representative or nominee who
represents such person as an officer, director, or member, or as a
stockholder holding a controlling interest, in any person whose principal
business, in purpose or in fact, is the holding of stock in, or control of,
any other person substantially engaged in the business of aeronautics.
(Pub. L. 85-726, title IV, Sec. 409, Aug. 23, 1958, 72 Stat. 768; Pub. L. 95-
504, Sec. 27(b)-(d), Oct. 24, 1978, 92 Stat. 1728.)
Amendments
1978--Pub. L. 95-504 struck out subsection designation preceding provisions
comprising former subsec. (a), and as so redesignated, substituted
"substantially engaged in the business of" for "engaged in any phase of"
wherever appearing, and struck out former subsec. (b), relating to an air
carrier receiving money for his own benefit.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Section 1551(a)(7) of this Appendix provides that this section and the
authority of the Secretary of Transportation under this section (to the same
extent) shall cease to be in effect on Jan. 1, 1989.
Sec. 1380. Passenger manifest
(a) Requirement
Not later than 120 days after November 16, 1990, the Secretary of
Transportation shall require all United States air carriers to provide a
passenger manifest for any flight to appropriate representatives of the
United States Department of State--
(1) not later than 1 hour after any such carrier is notified of an
aviation disaster outside the United States which involves such flight;
or
(2) if it is not technologically feasible or reasonable to fulfill the
requirement of this subsection within 1 hour, then as expeditiously as
possible, but not later than 3 hours after such notification.
(b) Contents
For purposes of this section, a passenger manifest should include the
following information:
(1) The full name of each passenger.
(2) The passport number of each passenger, if required for travel.
(3) The name and telephone number of a contact for each passenger.
(Pub. L. 85-726, title IV, Sec. 410, as added Pub. L. 101-604, title II,
Sec. 203(a), Nov. 16, 1990, 104 Stat. 3082.)
Prior Provisions
A prior section 1380, Pub. L. 85-726, title IV, Sec. 410, Aug. 23, 1958,
72 Stat. 769; Pub. L. 87-820, Sec. 8, Oct. 15, 1962, 76 Stat. 936; Pub. L.
89-670, Sec. 6(a)(3)(B), Oct. 15, 1966, 80 Stat. 937, which related to
authority of the Civil Aeronautics Board over loans and financial aid and
aircraft loan guarantees, was omitted pursuant to section 1551(a)(5)(B) of
this Appendix, which provided that this section and the authority of the
Board with respect thereto shall cease to be in effect on Jan. 1, 1985.
Passenger Manifest
Section 203(b)-(d) of Pub. L. 101-604 provided that:
"(b) Implementation.--In implementing the requirement pursuant to the
amendment made by subsection (a) of this section, the Secretary of
Transportation shall consider the necessity and feasibility of requiring
United States carriers to collect passenger manifest information as a
condition for passenger boarding of any flight subject to such requirement.
"(c) Foreign Air Carriers.--The Secretary of Transportation shall consider a
requirement for foreign air carriers comparable to that imposed pursuant to
the amendment made by subsection (a).
"(d) Information from United States Passports.--Notwithstanding any other
provision of law, to the extent provided in appropriation Acts, for each
fiscal year not more than $5,000,000 in passport fees collected by the
Department of State may be credited to a Department of State account. Amounts
credited to such account shall be available only for the costs associated
with the acquisition and production of machine-readable United States
passports and visas and compatible reading equipment. Amounts credited to
such account are authorized to remain available until expended."
Sec. 1381. Methods of competition; incorporation by reference
(a) The Board may, upon its own initiative or upon complaint by any air
carrier, foreign air carrier, or ticket agent, if it considers that such
action by it would be in the interest of the public, investigate and
determine whether any air carrier, foreign air carrier, or ticket agent has
been or is engaged in unfair or deceptive practices or unfair methods of
competition in air transportation or the sale thereof. If the Board shall
find, after notice and hearing, that such air carrier, foreign air carrier,
or ticket agent is engaged in such unfair or deceptive practices or unfair
methods of competition, it shall order such air carrier, foreign air carrier,
or ticket agent to cease and desist from such practices or methods of
competition.
(b) Any air carrier may incorporate by reference in any ticket or other
written instrument any of the terms of the contract of carriage in interstate
and overseas air transportation, to the extent such incorporation by
reference is in accordance with regulations issued by the Board.
(Pub. L. 85-726, title IV, Sec. 411, Aug. 23, 1958, 72 Stat. 769; Pub. L.
98-443, Sec. 7(a), Oct. 4, 1984, 98 Stat. 1706.)
Amendments
1984--Pub. L. 98-443 designated existing provisions as subsec. (a) and
added subsec. (b).
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1382. Pooling and other agreements
(a) Filing and approval of agreements
(1) Any air carrier or foreign air carrier may file with the Board a true
copy, or, if oral, a true and complete memorandum, of any contract or
agreement (whether enforceable by provisions for liquidated damages,
penalties, bonds, or otherwise), or a request for authority to discuss
possible cooperative working arrangements in force on October 24, 1978, or
thereafter entered into, or any modification or cancellation thereof, between
such air carrier or foreign air carrier and any other air carrier, foreign
air carrier, or other carrier.
(2)(A) The Board shall by order disapprove any contract, agreement, or
request filed pursuant to paragraph (1) of this subsection, whether or not
previously approved by it, that it finds to be adverse to the public interest
or in violation of this chapter, and shall by order approve any contract,
agreement, or request, or any modification or cancellation thereof, that it
does not find to be adverse to the public interest, or in violation of this
chapter, except that--
(i) the Board may not approve or, after periodic review, continue its
approval of any such contract, agreement, or request, or any modification
or cancellation thereof, which substantially reduces or eliminates
competition, unless it finds that the contract, agreement, or request is
necessary to meet a serious transportation need or to secure important
public benefits, including international comity or foreign policy
considerations, and it does not find that such need can be met or such
benefits can be secured by reasonably available alternative means having
materially less anticompetitive effects;
(ii) the Board may not approve any contract or agreement between an air
carrier not directly engaged in the operation of aircraft in air
transportation and a common carrier subject to subtitle IV of title 49,
governing the compensation to be received by such common carrier for
transportation services performed by it; and
(iii) the Board may not approve any such contract or agreement, affecting
interstate or overseas air transportation, or any modification or
cancellation thereof, that limits the level of capacity among air carriers
in markets in which they compete, that fixes rates, fares, or charges
between or among air carriers (except for joint rates, fares, or charges).
(B) In any proceeding before the Board involving the application of the
standards set forth in subparagraph (A)(i) of this paragraph, the party
opposing the proposed contract, agreement, or request shall have the burden
of proving the reduction or elimination of competition, and the availability
of alternative means having less anticompetitive effects, and the party
defending the proposed contract, agreement, or request shall have the burden
of proving transportation need or public benefits.
(C) The findings required by subparagraph (A)(i) of this paragraph, shall
be included in any order of the Board approving or disapproving any contract
or agreement, or any memorandum of any contract or agreement, or any
modification or cancellation thereof, or any request.
(b) Proceedings upon filing
Upon the filing of any contract or agreement, or any modification or
cancellation thereof, or any request for authority to discuss possible
cooperative working arrangements, pursuant to subsection (a) of this section,
the Board, in accordance with regulations which it prescribes, shall provide
to the Attorney General, the Secretary of State, and the Secretary of
Transportation written notice of, and an opportunity to submit written
comments on, the filed document. The Board may, upon its own initiative or if
requested by the Attorney General or either Secretary, hold a hearing, in
accordance with regulations prescribed by the Board, to determine if a
contract or agreement, or request for discussion authority, whether or not
previously approved, is consistent with the provisions of this chapter.
(c) Mutual aid agreements
(1) Notwithstanding any other provision of law, any mutual aid agreement
between air carriers which was approved by the Board before October 24, 1978
and which is in effect on October 24, 1978 shall be deemed disapproved and
not in effect on and after October 24, 1978.
(2) No air carrier shall enter into any mutual aid agreement with any other
air carrier, unless such air carrier files a true copy of such agreement with
the Board and the Board approves such agreement pursuant to the provisions of
this section. Notwithstanding subsection (a) of this section, the Board shall
not approve any such agreement unless such agreement provides (A) that any
air carrier will not receive payments for any period which exceed 60 per
centum of the direct operating expenses during such period, (B) that benefits
under the agreement are not payable for more than eight weeks during any
labor strike, and that such benefits may not be for losses incurred during
the first thirty days of any labor strike, and (C) that any party to such
agreement will agree to submit the issues causing any labor strike to binding
arbitration pursuant to the Railway Labor Act [45 U.S.C. 151 et seq.] if the
striking employees request such binding arbitration.
(3) For purposes of this subsection, the term--
(A) "mutual aid agreement" means any contract or agreement between air
carriers which provides that any such air carrier will receive payments
from the other air carriers which are parties to such contract or agreement
for any period during which such air carrier is not engaging in air
transportation, or is providing reduced levels of service in air
transportation, due to a labor strike; and
(B) "direct operating expenses" includes interest expenses but does not
include depreciation or amortization expenses.
(Pub. L. 85-726, title IV, Sec. 412, Aug. 23, 1958, 72 Stat. 770; Pub. L. 95-
504, Secs. 28(a)(2)-(c), 29(a), Oct. 24, 1978, 92 Stat. 1729, 1730; Pub. L.
96-192, Sec. 11, Feb. 15, 1980, 94 Stat. 39; Pub. L. 98-443, Sec. 9(s), Oct.
4, 1984, 98 Stat. 1708.)
References in Text
The Railway Labor Act, referred to in subsec. (c)(2), is act May 20, 1926,
ch. 347, 44 Stat. 577, as amended, which is classified principally to chapter
8 (Sec. 151 et seq.) of Title 45, Railroads. For complete classification of
this Act to the Code, see section 151 of Title 45 and Tables.
Codification
In subsec. (a)(2)(A)(ii), "subtitle IV of title 49" was substituted for
"the Interstate Commerce Act, as amended" on authority of Pub. L. 95-473,
Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted
subtitle IV (Sec. 10101 et seq.) of Title 49, Transportation.
Amendments
1984--Subsec. (c)(2). Pub. L. 98-443 substituted "subsection (a) of this
section" for "subsection (c) of this section".
1980--Subsec. (a). Pub. L. 96-192, Sec. 11(1)-(6), redesignated subsec. (c)
as (a) and, in subsec. (a) as so redesignated, substituted "Any air carrier
or foreign air carrier may file" for "Any air carrier may file", "cooperative
working arrangements in force" for "cooperative working arrangements,
affecting interstate or overseas air transportation and in force", and
"between such air carrier or foreign air carrier" for "between such air
carrier" in par. (1), "secure important public benefits, including
international comity or foreign policy considerations," for "secure important
public benefits" in par. (2)(A)(i), and "any such contract or agreement,
affecting interstate or overseas air transportation," for "any such contract
or agreement," in par. (2)(A)(iii). Former subsec. (a), relating to the
filing of copies of contracts between air carriers with regard to certain
enumerated subjects, was struck out.
Subsec. (b). Pub. L. 96-192, Sec. 11(1), (2), (7), redesignated subsec. (d)
as (b) and, in subsec. (b) as so redesignated, deleted a reference to subsec.
(c), added reference to the Secretary of State, and substituted "either
Secretary" for "such Secretary". Former subsec. (b), providing for the
disapproval of contracts that were found to be adverse to the public
interest, was struck out.
Subsec. (c). Pub. L. 96-192, Sec. 11(2), redesignated subsec. (e) as (c).
Former subsec. (c) redesignated (a).
Subsecs. (d), (e). Pub. L. 96-192, Sec. 11(2), redesignated subsecs. (d)
and (e) as (b) and (c), respectively.
1978--Subsec. (a). Pub. L. 95-504, Sec. 28(a)(2), inserted "foreign"
following "or otherwise) affecting".
Subsec. (b). Pub. L. 95-504, Sec. 28(b), inserted "affecting foreign air
transportation" following "agreement" wherever appearing.
Subsecs. (c), (d). Pub. L. 95-504, Sec. 28(c), added subsecs. (c) and (d).
Subsec. (e). Pub. L. 95-504, Sec. 29(a), added subsec. (e).
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of
Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government
Organization and Employees.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Section 1551(a)(6) of this Appendix provides that subsecs. (a) and (b) of
this section (to the extent such provisions relate to interstate and overseas
air transportation) and the authority of the Secretary of Transportation
under those provisions (to the same extent) shall cease to be in effect on
Jan. 1, 1989.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
Sec. 1383. Form of control
For the purposes of this subchapter, whenever reference is made to control,
it is immaterial whether such control is direct or indirect.
(Pub. L. 85-726, title IV, Sec. 413, Aug. 23, 1958, 72 Stat. 770.)
Sec. 1384. Antitrust exemption
In any order made under section 1378, 1379, or 1382 of this Appendix, the
Board may, as part of such order, exempt any person affected by such order
from the operations of the "antitrust laws" set forth in subsection (a) of
section 12 of title 15 to the extent necessary to enable such person to
proceed with the transaction specifically approved by the Board in such order
and those transactions necessarily contemplated by such order, except that
the Board may not exempt such person unless it determines that such exemption
is required in the public interest. Notwithstanding the preceding sentence,
on the basis of the findings required by subsection (a)(2)(A)(i) of section
1382 of this Appendix, the Board shall, as part of any order under such
section which approves any contract, agreement, or request or any
modification or cancellation thereof, exempt any person affected by such
order from the operations of the "anti-trust laws" set forth in subsection
(a) of section 12 of title 15 to the extent necessary to enable such person
to proceed with the transaction specifically approved by the Board in such
order and with those transactions necessarily contemplated by such order.
(Pub. L. 85-726, title IV, Sec. 414, Aug. 23, 1958, 72 Stat. 770; Pub. L. 95-
504, Sec. 30(a), Oct. 24, 1978, 92 Stat. 1731; Pub. L. 96-192, Sec. 27, Feb.
15, 1980, 94 Stat. 47.)
Amendments
1980--Pub. L. 96-192 added provision that, on the basis of the findings
required by subsection (a)(2)(A)(i) of section 1382 of this Appendix, the
Board shall, as part of any order under such section which approves any
contract, agreement, or request or any modification or cancellation thereof,
exempt any person affected by such order from the operations of the antitrust
laws set forth in subsection (a) of section 12 of title 15 to the extent
necessary to enable such person to proceed with the transaction specifically
approved by the Board in such order and with those transactions necessarily
contemplated by such order.
1978--Pub. L. 95-504 substituted provision giving the Board power to exempt
any person affected by order of the Board from operations of the antitrust
laws, as part of such order, for provision relieving any person affected by
any order from operations of the antitrust laws.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Section 1551(a)(6) of this Appendix provides that this section (to the
extent it relates to orders made under section 1382(a) and (b) of this
Appendix with respect to interstate and overseas air transportation) and the
authority of the Secretary of Transportation under this section (to the same
extent) shall cease to be in effect on Jan. 1, 1989.
Section 1551(a)(7) of this Appendix provides that this section (relating to
sections 1378 and 1379 of this Appendix) and the authority of the Secretary
of Transportation under this section (to the same extent) shall cease to be
in effect on Jan. 1, 1989.
Sec. 1385. Inquiry into air carrier management
For the purpose of exercising and performing its powers and duties under
this chapter, the Board is empowered to inquire into the management of the
business of any air carrier and, to the extent reasonably necessary for any
such inquiry, to obtain from such carrier, and from any person controlling or
controlled by, or under common control with, such air carrier, full and
complete reports and other information.
(Pub. L. 85-726, title IV, Sec. 415, Aug. 23, 1958, 72 Stat. 770.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
All functions, powers, and duties of the Civil Aeronautics Board and the
Chairman, members, offices, and officers thereof under subchapters VI and VII
of this chapter were transferred to the Secretary of Transportation by Pub.
L. 89-670, Sec. 6(d), Oct. 15, 1966, 80 Stat. 937, to be exercised by the
National Transportation Safety Board. See sections 1655(d) and 1903(a)(3)(A),
(9) of this Appendix.
Sec. 1386. Classification and exemption of carriers
(a) The Board may from time to time establish such just and reasonable
classifications or groups of air carriers for the purposes of this subchapter
as the nature of the services performed by such air carriers shall require;
and such just and reasonable rules and regulations, pursuant to and
consistent with the provisions of this subchapter, to be observed by each
such class or group, as the Board finds necessary in the public interest.
(b)(1) Except as provided in paragraph (2) of this subsection, the Board,
from time to time and to the extent necessary, may exempt from the
requirements of this subchapter or any provision thereof, or any rule,
regulation, term, condition, or limitation prescribed thereunder, any person
or class of persons if it finds that the exemption is consistent with the
public interest.
(2) The Board shall not exempt any air carrier from any provision of
subsection (k) of section 1371 of this Appendix, except that (A) any air
carrier not engaged in scheduled air transportation, and (B), to the extent
that the operations of such air carrier are conducted during daylight hours,
any air carrier engaged in scheduled air transportation, may be exempted from
the provisions of paragraphs (1) and (2) of such subsection if the Board
finds, after notice and hearing, that, by reason of the limited extent of, or
unusual circumstances affecting, the operations of any such air carrier, the
enforcement of such paragraphs is or would be such an undue burden on such
air carrier as to obstruct its development and prevent it from beginning or
continuing operations, and that the exemption of such air carrier from such
paragraphs would not adversely affect the public interest: Provided, That
nothing in this subsection shall be deemed to authorize the Board to exempt
any air carrier from any requirement of this subchapter, or any provision
thereof, or any rule, regulation, term, condition, or limitation prescribed
thereunder which provides for maximum flying hours for pilots or copilots.
(3) The Board may by order relieve foreign air carriers who are not
directly engaged in the operation of aircraft in foreign air transportation
from the provisions of this chapter to the extent and for such periods as
such relief may be in the public interest.
(4) Subject to paragraph (5) of this subsection, any air carrier in air
transportation which provides (A) passenger service solely with aircraft
having a maximum passenger capacity of less than fifty-six passengers, or (B)
cargo service in air transportation solely with aircraft having a maximum
payload capacity of less than eighteen thousand pounds, shall be exempt from
the requirements of subsection (a) of section 1371 of this Appendix, and of
such other sections of this chapter as may be prescribed in regulations
promulgated by the Board, if such air carrier conforms to such liability
insurance requirements and such other reasonable regulations as the Board
shall from time to time adopt in the public interest. The Board may by
regulation increase the passenger or property capacities specified in this
paragraph when the public interest so requires.
(5) The exemption from section 1371 of this Appendix or any other
requirement of this chapter shall not apply to any air transportation by any
air carrier between points both of which are in the State of Alaska, or one
of which is in the State of Alaska and the other in Canada, unless such air
carrier also holds authority to provide such air transportation from the
State of Alaska.
(6) Any air carrier operating within the State of Alaska pursuant to the
exemption from section 1371 of this Appendix shall not be subject to any
limitation, promulgated by the Board, on the number or location of points to
be served by such air carrier, or any limitation on the frequency of service
by such air carrier to points within such State, unless the Board, after a
hearing, finds that the operation of such air carrier substantially impairs
the ability of a certificated air carrier to provide the service authorized
by its certificate, including but not limited to, the minimum service
requirement for such State specified in section 1389(c)(2) of this Appendix.
(7) The Board may by order, to the extent it finds that such action is
required in the public interest, exempt any foreign air carrier for a period
not to exceed 30 days from the requirements or limitations of this chapter,
to the extent necessary to authorize the foreign air carrier to carry
passengers, cargo, or mail in interstate or overseas air transportation in
certain markets if the Board, after consultation with the Secretary of
Transportation, finds that--
(A) because of an emergency created by unusual circumstances not arising
in the normal course of business, traffic in such markets cannot be
accommodated by air carriers holding certificates under section 1371 of
this Appendix;
(B) all possible efforts have been made to accommodate such traffic by
utilizing the resources of such air carriers (including, for example, the
use of foreign aircraft, or sections of foreign aircraft, that are under
lease or charter to such air carriers, and the use of such air carriers'
reservation systems to the extent practicable);
(C) such authorization is necessary to avoid undue hardship for the
traffic in such market that cannot be accommodated by air carriers holding
certificates under section 1371 of this Appendix; and
(D) in any case where the inability to accommodate traffic in a market
results from a labor dispute, the granting of such an exemption will not
result in an undue advantage to any party to such dispute.
Whenever the Board grants such authority to a foreign air carrier under this
paragraph, the Board shall--
(i) assure that any air transportation provided by the foreign carrier
under such authority is made available on fair and reasonable terms;
(ii) continuously monitor the passenger load factor of air carriers in
such market that hold certificates under section 1371 of this Appendix; and
(iii) review such authority no less frequently than once every 30 days to
assure that the unusual circumstances that created the need for such
authority still exist.
The Board may renew any exemption under this paragraph (including any renewal
thereof) for a period not to exceed 30 days. In no event shall any
authorization to a foreign air carrier under this paragraph remain in effect
for more than 5 days after the unusual circumstances that created the need
for such authorization have ceased.
(Pub. L. 85-726, title IV, Sec. 416, Aug. 23, 1958, 72 Stat. 771; Pub. L. 95-
504, Secs. 31, 32, Oct. 24, 1978, 92 Stat. 1731, 1732; Pub. L. 96-192, Sec.
13, Feb. 15, 1980, 94 Stat. 39.)
Amendments
1980--Subsec. (b)(7). Pub. L. 96-192 added par. (7).
1978--Subsec. (b)(1). Pub. L. 95-504, Sec. 31(a), revised provisions to
speak in terms of persons or classes of persons rather than carriers or
groups of carriers and to omit requirement that Board find that enforcement
would be an undue burden by reason of unusual circumstances.
Subsec. (b)(3). Pub. L. 95-504, Sec. 31(b), added par. (3).
Subsec. (b)(4) to (6). Pub. L. 95-504, Sec. 32, added pars. (4) to (6).
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1387. Omitted
Codification
Section, Pub. L. 85-726, title IV, Sec. 417, as added Pub. L. 87-528, Sec.
6, July 10, 1962, 76 Stat. 145, which set forth the functions of the Civil
Aeronautics Board for issuance, etc., of special operating authorizations,
was omitted pursuant to section 1551(a)(5)(C) of this Appendix, which
provided that this section and the authority of the Board with respect
thereto shall cease to be in effect on Jan. 1, 1985.
Sec. 1388. Certificate for all-cargo air service
(a) Application
(1) Any citizen of the United States who has a valid certificate issued
under section 1371(d)(1) of this Appendix and who provided scheduled all-
cargo air service at any time during the period from January 1, 1977, through
November 9, 1977, may, during the forty-five-day period which begins on
November 9, 1977, submit an application to the Board for a certificate under
this section to provide all-cargo air service. Such application shall contain
such information and be in such form as the Board shall by regulation
require.
(2) Any citizen of the United States who (A) operates pursuant to an
exemption granted by the Board under section 1386 of this Appendix, and (B)
provided scheduled all-cargo air service continuously (other than for
interruptions caused by labor disputes) during the 12-month period ending on
November 9, 1977, or whose predecessor in interest provided such service
during such period, may, during the forty-five-day period which begins on
November 9, 1977, submit an application to the Board for a certificate under
this section to provide all-cargo air service. Such application shall contain
such information and be in such form as the Board shall by regulation
require.
(3) Any citizen of the United States who has a valid certificate issued
under section 1371(d)(3) of this Appendix and who provided supplemental air
transportation carrying only cargo at any time during the period from January
1, 1977, through March 14, 1978, may, during the forty-five day period
beginning on April 1, 1978, submit an application to the Board for a
certificate under this section to provide all-cargo air service. Such
application shall contain such information and be in such form as the Board
shall by regulation require.
(4) After the three hundred and sixty-fifth day which begins after November
9, 1977, any citizen of the United States may submit an application to the
Board for a certificate under this section to provide all-cargo air service.
Such application shall contain such information and be in such form as the
Board shall by regulation require.
(b) Issuance and revocation of certificate
(1)(A) Not later than sixty days after any application is submitted
pursuant to paragraph (1), (2), or (3) of subsection (a) of this section, the
Board shall issue a certificate under this section authorizing the all-cargo
air service covered by the application.
(B) No later than one hundred and eighty days after any application is
submitted pursuant to paragraph (4) of subsection (a) of this section, the
Board shall issue a certificate under this section authorizing the whole or
any part of the all-cargo air service covered by the application unless it
finds that the applicant is not fit, willing, and able to provide such
service and to comply with any rules and regulations promulgated by the
Board.
(2) Any certificate issued by the Board under this section may contain such
reasonable conditions and limitations as the Board deems necessary, except
that such terms and conditions shall not restrict the points which may be
served, or the rates which may be charged, by the holder of such certificate.
[(3) Repealed. Pub. L. 98-443, Sec. 9(a)(2), Oct. 4, 1984, 98 Stat. 1706.]
(4) If any all-cargo air service authorized by a certificate issued under
this subsection is not performed to the minimum extent prescribed by the
Board, it may by order, entered after notice and opportunity for a hearing,
direct that such certificate shall, thereafter, cease to be effective to the
extent of such service.
(c) Exemptions
Any applicant who is issued a certificate under this section shall, with
respect to any all-cargo air service provided in accordance with such
certificate, be exempt from the requirements of section 1371(a) of this
Appendix, and any other section of this chapter which the Board by rule
determines appropriate, and any rule, regulation, or procedure issued
pursuant to any such section.
(d) Air carrier status
Any applicant who is issued a certificate under this section shall be an
air carrier for the purposes of this chapter, except to the extent such
carrier is exempt from any requirement of this chapter pursuant to this
section.
(Pub. L. 85-726, title IV, Sec. 418, as added Pub. L. 95-163, Sec. 17(a),
Nov. 9, 1977, 91 Stat. 1284, and amended Pub. L. 95-245, Secs. 1-3, Mar. 14,
1978, 92 Stat. 156; Pub. L. 98-443, Sec. 9(a)(2), Oct. 4, 1984, 98 Stat.
1706.)
Amendments
1984--Subsec. (b)(3). Pub. L. 98-443 struck out par. (3) which had provided
that notwithstanding any other provision of this section, no certificate
issued by the Board under this section could authorize all-cargo air service
between any pair of points both of which are within the State of Alaska or
the State of Hawaii.
1978--Subsec. (a). Pub. L. 95-245, Sec. 1, added par. (3). Former par. (3)
was redesignated as (4).
Subsec. (b)(1)(A). Pub. L. 95-245, Sec. 2, added reference to par. (3) of
subsec. (a) of this section.
Subsec. (b)(1)(B). Pub. L. 95-245, Sec. 3, substituted "(4)" for "(3)".
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of
Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government
Organization and Employees.
Effective Date of 1978 Amendment
Section 4 of Pub. L. 95-245 provided that: "The provisions of this Act
[amending this section] shall become effective on April 1, 1978."
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
References to Certificates of Convenience and Necessity
Any reference in any law to a certificate of public convenience and
necessity, or to a certificate of convenience and necessity, issued by the
Civil Aeronautics Board deemed to refer to a certificate issued under this
section or section 1371 of this Appendix, see section 8 of Pub. L. 98-443,
set out as a note under section 1371 of this Appendix.
Sec. 1389. Small community air service
(a) Eligible point defined
(1) General rule
For purposes of this section, the term "eligible point" means any point
in the United States--
(A) which was defined as an eligible point under this section as
in effect before October 1, 1988;
(B) which received scheduled air transportation at any time after
January 1, 1990; and
(C) which is not listed in the Department of Transportation Orders
89-9-37 and 89-12-52 as being a point no longer eligible for
compensation under this section.
(2) Limitation on use of per passenger subsidy
The Secretary may not determine that a point described in paragraph (1)
is not an eligible point on the basis of the per passenger subsidy at
the point or on any other basis not specifically set forth in this
section.
(b) Basic essential air service
(1) Level of service
(A) Determination for essential air service points
With respect to each eligible point for which a determination of
what constitutes essential air transportation was made under this
section before October 1, 1988, the Secretary shall determine what
is basic essential air service for such point. Such determination
shall be made no later than the last day of the 1-year period
beginning on December 30, 1987 and only after consideration of the
views of any interested community and the State agency of the State in
which such community is located.
(B) Determination for other points
With respect to each eligible point for which a determination of
what constitutes essential air transportation was not made before
October 1, 1988, the Secretary shall determine what is basic
essential air service to such point if the Secretary receives notice
that service to such point will be provided by only 1 air carrier.
Such determination shall be made no later than the last day of the
6-month period beginning on the date on which the Secretary receives
such notice and only after the Secretary considers the views of any
interested community and the State agency of the State in which such
community is located. The Secretary may impose such notice requirements
as may be necessary to implement this subparagraph.
(C) Continuation of requirement; transition provisions
An air carrier required to provide essential air transportation before
October 1, 1988, to an eligible point shall be required to continue to
provide such transportation to such point after such date and the level
of such transportation shall be deemed to be basic essential air service
for purposes of this subsection until a determination is made under
subparagraph (A) with respect to such point. The rate of compensation in
effect for essential air transportation before such date shall continue
in effect until a new rate is determined in accordance with the
guidelines under subsection (f) of this section.
(D) Review
The Secretary shall periodically review the basic essential air
service level for each eligible point, and may, based upon such review
and consultations with the interested community and the State agency of
the State in which such community is located, make appropriate
adjustments to the basic essential air service level.
(2) Notice required before termination, suspension, or reduction in
service
An air carrier may not terminate, suspend, or reduce air transportation
to any eligible point below the level of basic essential air service
established under paragraph (1) unless such air carrier has given the
Secretary, the appropriate State agency or agencies, and the communities
affected at least 90 days notice before such termination, suspension, or
reduction.
(3) Determination of need for compensation
(A) Selection of carrier
Whenever the Secretary determines that basic essential air service
will not be provided to an eligible point without compensation, the
Secretary shall provide notice that applications may be submitted by any
air carrier that is willing to provide such service to such point for
compensation under this subsection. In selecting an applicant to provide
basic essential air service to a point for compensation the Secretary
shall, among other factors, consider--
(i) the applicant's demonstrated reliability in providing scheduled
air service;
(ii) the contractual and marketing arrangements that the applicant
has made with a larger air carrier to assure service beyond the hub
airport;
(iii) the interline arrangements which the applicant has made with
a larger air carrier which allow passengers and cargo of the applicant
at the hub airport to be transported by such large carrier through one
reservation, one ticket, and one baggage check-in;
(iv) the preferences of the actual and potential users of air
transportation at the eligible point, giving substantial weight to
the views of elected officials representing such users; and
(v) with respect to any eligible point in the State of Alaska, the
experience of an applicant in providing scheduled air service, or
significant patterns of nonscheduled air service pursuant to an
exemption granted pursuant to section 1386 of this Appendix, in Alaska.
(B) Rate of compensation
The Secretary shall establish, in accordance with the guidelines
promulgated under subsection (f) of this section, the rate of
compensation to be paid for providing basic essential air service
under this subsection.
(4) Payment of compensation
The Secretary shall make payments of compensation under this
subsection at times and in a manner determined by the Secretary to be
appropriate. The Secretary shall continue to pay compensation to any air
carrier to provide basic essential air service to an eligible point only
for so long as the Secretary determines it is necessary in order to
maintain basic essential air service to such point.
(5) Requirement to continue service
If an air carrier has provided notice to the Secretary under
paragraph (2) of such air carrier's intention to suspend, terminate, or
reduce service to any eligible point below the level of basic essential
air service to such point, and if at the conclusion of the applicable
period of notice the Secretary has not been able to find another air
carrier to provide basic essential air service to such point, the
Secretary shall require the carrier which provided such notice to
continue such service to such point for an additional 30-day period, or
until another air carrier has begun to provide basic essential air
service to such point, whichever first occurs. If at the end of such
30-day period the Secretary determines that no other air carrier can be
secured to provide basic essential air service to such eligible point on
a continuing basis, either with or without compensation, then the
Secretary shall extend such requirement for such additional 30-day
periods (making the same determination at the end of each such period)
as may be necessary to continue basic essential air service to such
eligible point until an air carrier can be secured to provide basic
essential air service to such eligible point on a continuing basis.
(6) Compensation for continued service
(A) Carriers receiving compensation
If an air carrier (i) which is providing air transportation to any
eligible point, and (ii) which is receiving compensation
under this subsection for providing such transportation, is required
by the Secretary to continue service to such point beyond the date
on which such carrier would, but for paragraph (5), be able to
suspend, terminate, or reduce such service below the level of basic
essential air service to such point, then after such date such
carrier shall continue to receive such compensation until the
Secretary secures another air carrier to provide basic essential air
service to such point or the 90th day following such date, whichever
is earlier. If, after such 90th day, the Secretary has not secured
another air carrier to provide such service, the carrier required to
continue to provide such service shall receive compensation in an
amount sufficient--
(i) to cover the carrier's fully allocated actual cost of
performing the basic essential air service that was being provided
at the time the 90-day notice of termination, suspension, or
reduction of service is given to the Secretary under paragraph (2)
plus a fair and reasonable return on investment which shall not be
less than 5 percent of operating costs; and
(ii) to provide the carrier an additional return which recognizes
the demonstrated additional lost profits from opportunities foregone
and the likelihood that such lost profits increase as the duration
of the required basic essential air service increases.
(B) Carriers not receiving compensation
If the Secretary requires an air carrier which is providing air
transportation to an eligible point without compensation pursuant to
paragraph (4) to continue to provide basic essential air service to
such point beyond the 90-day notice period after which, but for
paragraph (5) of this subsection, such air carrier would be able to
suspend, terminate, or reduce service to such point below basic
essential air service for such point, then the Secretary shall
compensate such air carrier in an amount sufficient--
(i) to cover the carrier's fully allocated actual cost of
performing the basic essential air service that was being provided
at the time the 90-day notice of termination, suspension, or
reduction of service is given to the Secretary under paragraph (2)
plus a fair and reasonable return on investment which shall not be
less than 5 percent of operating costs; and
(ii) to provide the carrier an additional return which recognizes
the demonstrated additional lost profits from opportunities foregone
and the likelihood that such lost profits increase as the duration
of the required basic essential air service increases.
(7) Transfer of operational authority at certain high-density airports
If an air carrier which is providing basic essential air service under
this subsection between an eligible point and an airport at which the
Administrator limits the number of instrument flight rule takeoffs and
landings of aircraft provides notice to the Secretary of its intention
to suspend, terminate, or reduce such service and another air carrier is
secured to provide such service on a continuing basis, the Secretary
shall require the carrier suspending, terminating, or reducing such
service to transfer any operational authority which such carrier has to
conduct a landing or takeoff at such airport with respect to such
service to the carrier secured to provide such service unless the
carrier secured to provide such service does not need such authority or
such authority is being used to provide air service with respect to more
than 1 eligible point.
(8) Effort to secure carriers
During any period for which the Secretary requires an air carrier to
continue providing air transportation to an eligible point which such
air carrier has proposed to terminate, reduce, or suspend, the Secretary
shall continue to make every effort to secure an air carrier to provide
at least basic essential air service to such eligible point, on a
continuing basis.
(9) Prohibition on certain reductions in service
Unless the Secretary has determined what is basic essential air
service for any eligible point pursuant to paragraph (1) of this
subsection, the Secretary shall, upon petition of any appropriate
representative of such point prohibit any termination, suspension, or
reduction of air transportation which reasonably appears to deprive such
point of basic essential air service, until the Secretary has completed
such determination.
(c) Enhanced essential air service
(1) Proposal
(A) Submission
A State or local government may submit a proposal to the Secretary
for enhanced essential air service to an eligible point with respect to
which basic essential air service is being provided under subsection (b)
of this section.
(B) Contents
A proposal submitted under this subsection shall specify the level and
type of enhanced essential air service which the State or local
government considers appropriate. Such proposal shall also include an
agreement relating to compensation required for the proposed enhanced
essential air service. Such agreement shall be subject to the
requirements of subparagraph (C).
(C) Compensation agreement
The agreement relating to compensation included in the proposal
submitted by a State or local government under this subsection shall
either--
(i) provide for the State or local government or any person to pay
50 percent of the compensation required for the proposed enhanced
essential air service and for the Federal share of such compensation
to be 50 percent; or
(ii) provide for the Federal share for such compensation to be 100
percent and provide that, if the proposed service is not successful in
terms of the criteria established under paragraph (3)(C) for not
less than a 2-year period, the eligible point shall not be eligible
for air service for which compensation is payable by the Secretary
under this section.
(2) Establishment of service
Not later than 90 days after receiving a proposal under paragraph (1),
the Secretary shall issue a decision on the proposal. The Secretary
shall approve such proposal unless the Secretary determines that such
proposal is not reasonable. If the Secretary determines that such proposal
is not reasonable, the Secretary shall disapprove such proposal and notify
the State or local government submitting such proposal of such disapproval
and the reasons therefor.
(3) Review
(A) Proposals for 50 percent Federal share
If the enhanced essential air service approved under this subsection
is to be at a 50 percent Federal share, the Secretary shall periodically
review the level and type of such service to an eligible point and may,
based upon such review and consultations with the community and the
government or person paying the non-Federal share, make appropriate
adjustments to the level and type of enhanced essential air service
to such point.
(B) Proposals for 100 percent Federal share
If the enhanced essential air service approved under this subsection
is to be at a 100 percent Federal share, the Secretary shall
periodically review air service provided to an eligible point under this
subsection. If the Secretary finds, after consultation with the State or
local government which submitted the proposal, that such service has not
been successful in terms of the criteria established under subparagraph
(C) for not less than a 2-year period, such eligible point shall not be
eligible for air service for which compensation is payable by the
Secretary under this section.
(C) Criteria of success
The Secretary shall establish, by regulation, objective criteria for
determining whether or not enhanced essential air service to an eligible
point provided under this subsection is successful in terms of increasing
passenger usage of the airport facilities at such point and reducing the
amount of compensation provided by the Secretary under this subsection
for such service.
(4) Notice before termination, suspension, or reduction of service
An air carrier may not terminate, suspend, or reduce air transportation
to an eligible point for which a determination of enhanced essential air
service has been made below the level of such service approved by the
Secretary under this subsection unless such carrier has given the
Secretary, the community affected, and the government or person paying the
non-Federal share at least 30 days' notice before such termination,
suspension, or reduction. Nothing in this paragraph relieves an air
carrier of its obligations under subsection (b) of this section.
(5) Payment of compensation
The Secretary shall make payments of compensation under this subsection
at times and in a manner determined by the Secretary to be appropriate.
The Secretary shall continue to pay the compensation to an air carrier to
provide enhanced essential air service to an eligible point only for so
long as such carrier maintains the level of enhanced essential air service
and the government or person agreeing to pay any non-Federal share
continues to pay such share and only for so long as the Secretary
determines it is necessary in order to maintain such service to such point.
(6) Payment of non-Federal share
The Secretary may require appropriate payment in advance or such other
security to assure that non-Federal payments for enhanced essential air
service under this subsection are made on a timely basis.
(7) Compensation for enhanced essential air service defined
For purposes of this subsection, compensation for enhanced essential
air service to an eligible point covers only those costs incurred for
providing air service to such point which are in addition to the costs
incurred for providing basic essential air service to such point under
this section.
(d) Compensation for service to other small communities
(1) Proposal
A State or local government may make a proposal to the Secretary for
compensated air transportation in accordance with this subsection to a
point that is not an eligible point under this section.
(2) Determination of eligibility
(A) Designation of points
Not later than 90 days after the submission of a proposal under this
subsection, the Secretary--
(i) shall determine whether or not to designate the point for which
such proposal is made as eligible to receive compensation under this
subsection; and
(ii) shall approve or disapprove such proposal and notify the State
or local government submitting such proposal of such decision.
The Secretary shall approve such proposal if the State or local
government submitting the proposal or any other person is willing and
able to pay 50 percent of the cost of providing the proposed compensated
air transportation; except that the Secretary shall disapprove such
proposal if the Secretary determines that such proposal is not
reasonable. In the case of disapproval of a proposal, the notification
of such disapproval must include the reasons for such disapproval.
(B) Small community service
Notwithstanding subparagraph (A)(ii), the Secretary shall approve a
proposal submitted under this subsection for compensated air
transportation to a point in the 48 contiguous States and designate such
point as eligible for compensation under this subsection--
(i) if, at any time before October 23, 1978, the point was served
by an air carrier that held a certificate issued under section 1371 of
this Appendix;
(ii) if the point is more than 50 miles from the nearest small hub
airport or an eligible point;
(iii) if the point is more than 150 miles from the nearest hub
airport; and
(iv) if the State or local government submitting the proposal or
any other person is willing and able to pay 25 percent of the cost
of providing the proposed compensated air transportation.
(C) Criteria for determining reasonableness
In determining whether or not a proposal submitted under this
subsection is reasonable, the Secretary shall consider, among other
factors, the traffic generating potential of the point, the cost to the
Federal Government of providing the proposed service, and the distance of
the point from the closest hub airport.
(D) Withdrawal of designation
After notice and an opportunity for any interested person to comment,
the Secretary may withdraw the designation of a point under subparagraph
(A) as eligible to receive compensation under this subsection if the
point has received air service under this subsection for at least 2
years and the Secretary determines that withdrawal of that designation
would be in the public interest. The Secretary shall establish, by
regulation, standards for determining whether or not withdrawal of a
designation under this paragraph is in the public interest. Such
standards shall include, but not be limited to, the factors set forth in
subparagraph (C).
(3) Level of service
(A) Initial determination
If the Secretary designates a point under paragraph (2), the Secretary
shall determine the level of service to be provided under this
subsection. The Secretary shall determine such level after considering
the views of any interested community, the State agency of the State in
which the point is located, and the government or person agreeing to pay
the non-Federal share of the cost of the proposed service. The Secretary
shall determine such level not later than 6 months after the date on
which the Secretary designates such point under paragraph (2).
(B) Review
The Secretary shall periodically review the level of air service
provided under this subsection and may, based upon such review and
consultation with any interested community, any State agency of the
State in which the community is located, and any government or person
providing the non-Federal share of the compensation for the service,
make appropriate adjustments in the level of service.
(4) Selection of carrier
After making the determinations required by paragraph (3) with respect
to a designated point, the Secretary shall provide notice that
applications may be submitted by any air carrier that is willing to
provide the level of air service determined under paragraph (3) with
respect to such point. In selecting an applicant to provide such service
the Secretary shall, among other factors, consider the factors set forth
in subsection (b)(3)(A) of this section and shall also consider the views
of the government or person paying the non-Federal share of the cost of the
service.
(5) Non-Federal share
Except as provided in paragraph (2)(B), the non-Federal share for
compensation required for providing air service under this subsection
shall be 50 percent.
(6) Notice before termination, suspension, or reduction of service
An air carrier may not terminate, suspend, or reduce air transportation
to an eligible point for which compensation is paid under this subsection
below the level of such service established by the Secretary under
paragraph (3) unless such carrier has given the Secretary, the community
affected, and the government or person paying the non-Federal share at
least 30 days' notice before such termination, suspension, or reduction.
(7) Payment of compensation
The Secretary shall make payments of compensation under this subsection
at times and in a manner determined by the Secretary to be appropriate.
The Secretary shall continue to pay compensation to an air carrier to
provide service to a point designated under this subsection only for so
long as such carrier maintains such service and the government or person
agreeing to pay the non-Federal share continues to pay such share and only
for so long as the Secretary determines it is necessary in order to
maintain such service to such point.
(8) Payment of non-Federal share
The Secretary may require appropriate payment in advance or such other
security to assure that the non-Federal payments for air service under
this subsection are timely made.
(e) Fitness
(1) General rule
Notwithstanding section 1386(b) of this Appendix, the Secretary shall
prohibit any air carrier from providing service to an eligible point and
from providing service to a point designated under subsection (d) of this
section, unless the Secretary determines that such air carrier--
(A) is fit, willing, and able to perform such service; and
(B) that all aircraft which will be used to perform such service
and all operations relating to such service will conform to the
safety standards established by the Administrator.
(2) Limitation on compensation
The Secretary may not pay compensation to any air carrier for providing
air service under this section unless the Secretary finds that such
carrier is able to provide the air service in a reliable manner.
(f) Guidelines for compensation
The Secretary shall establish guidelines to be used in computing the fair
and reasonable amount of compensation required to ensure the continuation of
air service under this section. Such guidelines shall provide for a reduction
in compensation in any case in which an air carrier fails to perform any
agreed upon air service Such guidelines shall take into account amounts
needed by air carriers to promote public use of the service for which
compensation is to be made and shall include expense elements based upon
representative costs of air carriers providing scheduled air transportation
of persons, property, and mail, using aircraft of the type determined by the
Secretary to be appropriate for providing such service. Amounts needed for
promotion of such service shall be a special, segregated element of the
required compensation.
(g) Deadline for payment of compensation
Not later than 15 days after receiving a written claim for compensation
from an air carrier for providing air service under this section, the
Secretary shall pay the Federal share of such claim or deny payment of the
Federal share of such claim and notify the carrier of such denial and the
reasons therefor.
(h) Insurance
An air carrier shall not receive compensation under this section unless
such air carrier complies with regulations or orders issued by the Secretary
governing the filing and approval of policies of insurance or plans for
self-insurance in the amount prescribed by the Secretary which are
conditioned to pay, within the amount of such insurance, amounts for which
such air carrier may become liable for bodily injuries to or the death of
any person, or for loss of or damage to property of others, resulting from
the operation or maintenance of aircraft.
(i) Carrier obligations
If 2 or more air carriers enter into an agreement to operate under or use
a single air carrier designator code to provide air transportation, the air
carrier whose code is being used under such agreement shall share
responsibility with the other carriers for the quality of service provided
under such code to the public by such other carriers.
(j) Encouragement of Joint Air Service Proposals
The Secretary shall encourage the submission of joint proposals by 2 or
more air carriers for providing air service under this section through
arrangements which will maximize service to and from major destinations
beyond the hub.
(k) Definitions
For purposes of this section--
(1) Basic essential air service
The term "basic essential air service" means scheduled air
transportation of persons and cargo to a hub airport (or, in any case in
which the nearest hub airport is more than 400 miles and in the case of
Alaska, to a small hub or nonhub airport) which has convenient
connecting or single-plane air service to a substantial number of
destinations beyond such airport. Such transportation shall include, at
least, the following elements:
(A)(i) with respect to a point not in the State of Alaska, 2
daily round trips 6 days per week, with not more than 1 intermediate
stop on each flight; or
(ii) with respect to a point in the State of Alaska, a level of
service that is not less than that which existed in calendar year
1976, or 2 round trips per week, whichever is greater, unless
otherwise specified under an agreement between the Secretary and the
State agency of the State of Alaska, after consultation with the
community affected;
(B) flights at reasonable times taking into account the needs of
passengers with connecting flights at such airport and at rates,
fares, and charges which are not excessive when compared to the
generally prevailing fares of other air carriers for like service
between similar pairs of points;
(C) with respect to a point not in the State of Alaska, service
provided in an aircraft with an effective capacity of at least 15
passengers if the average daily enplanements at such point in any
calendar year beginning after December 31, 1975, and ending on or
before December 31, 1986, exceeded 11 passengers unless--
(i) requiring such service would require the payment of
compensation in a fiscal year under subsection (b)(4) or (b)(6) of
this section with respect to such point when no compensation under
such subsection would otherwise be paid with respect to such point in
such fiscal year; or
(ii) the community concerned agrees in writing with the Secretary
to the use of smaller aircraft to provide service to such point;
(D) service which accommodates the estimated passenger and cargo
traffic at an average load factor of not greater than--
(i) 50 percent, or
(ii) in any case in which such service is being provided with
aircraft with 15 passenger seats or more, 60 percent,
for each class of traffic taking into account seasonal demands for
such service;
(E) service provided in an aircraft with at least 2 engines and
using 2 pilots, unless scheduled air transportation in aircraft with
at least 2 engines and using 2 pilots has not been provided with
respect to the point on each of 60 consecutive operating days at any
time since October 31, 1978; and
(F) in the case of service which regularly exceeds 8,000 feet in
altitude, service provided with pressurized aircraft.
(2) Enhanced essential air service
The term "enhanced essential air service" means scheduled air
transportation to an eligible point of a higher level or quality than
basic essential air service.
(3) Hub airport
The term "hub airport" means an airport that annually has 0.25 percent
or more of the total annual enplanements in the United States.
(4) Nonhub airport
The term "nonhub airport" means an airport that annually has less than
0.05 percent of the total annual enplanements in the United States.
(5) Small hub airport
The term "small hub airport" means an airport that annually has 0.05
percent or more, but less than 0.25 percent, of the total annual
enplanements in the United States.
(l) Funding
(1) Contract authority
The Secretary is authorized to enter into agreements and to incur
obligations from the Airport and Airway Trust Fund for the payment of
compensation under this section. Approval by the Secretary of such an
agreement shall be deemed a contractual obligation of the United States
for payment of the Federal share of such compensation.
(2) Amounts available
There shall be available to the Secretary from the Airport and Airway
Trust Fund to incur obligations under this section $38,600,000 per
fiscal year for each of fiscal years 1992, 1993, 1994, 1995, 1996, 1997,
and 1998. Such amounts shall remain available until expended.
(m) Duration of program
This section shall not be in effect after September 30, 1998.
(Pub. L. 85-726, title IV, Sec. 419, as added Pub. L. 95-504, Sec. 33(a),
Oct. 24, 1978, 92 Stat. 1732, and amended Pub. L. 98-213, Sec. 10, Dec. 8,
1983, 97 Stat. 1461; Pub. L. 98-443, Sec. 9(r), Oct. 4, 1984, 98 Stat. 1708;
Pub. L. 100-223, title II, Sec. 202(a)(1), (2), (b)(1), Dec. 30, 1987, 101
Stat. 1507, 1508; Pub. L. 101-508, title IX, Sec. 9113(a), (b)(1), Nov. 5,
1990, 104 Stat. 1388-363.)
Amendments
1990--Subsec. (a). Pub. L. 101-508, Sec. 9113(a), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: "For the
purposes of this section, the term 'eligible point' means any point in the
United States--
"(1) which is defined as an eligible point under this section as in
effect before October 1, 1988, and which, at any time in the 12-month
period ending on such date, received scheduled air transportation, and
"(2) which the Secretary determines is 45 highway miles or more from
the nearest hub airport."
Subsecs. (l), (m). Pub. L. 101-508, Sec. 9113(b)(1), redesignated former
subsec. (l) as subsec. (m) and added new subsec. (l).
1987--Pub. L. 100-223, Sec. 202(b)(1), amended section generally completely
revising the small community air service provisions, substituting new
subsecs. (a) to (l) for former provisions covering in subsec. (a) to (g) the
following: (a) guaranteed essential air transportation, (b) other air
service, (c) level of safety, (d) guidelines for compensation, (e)
insurance, (f) definition of term "essential air transportation", and (g)
duration of program, terminating Sept. 30, 1988.
Subsec. (a)(12). Pub. L. 100-223, Sec. 202(a)(1), added par. (12).
Subsec. (g). Pub. L. 100-223, Sec. 202(a)(2), substituted "September 30,
1988" for "the last day of the ten-year period which begins on October 24,
1978".
1984--Subsec. (c)(1). Pub. L. 98-443 substituted section 1386(b)(4) of
this Appendix for section 1386(b)(3) of this Appendix.
1983--Subsec. (a)(2)(D). Pub. L. 98-213 added subpar. (D).
Effective Date of 1990 Amendment
Section 9113(b)(2) of Pub. L. 101-508 provided that: "The amendments made
by paragraph (1) [amending subsecs. (l) and (m) of this section] shall take
effect October 1, 1991."
Effective Date of 1987 Amendment
Section 202(a)(3) of Pub. L. 100-223 provided that: "The amendments made by
this subsection [amending this section] shall take effect October 1, 1987."
Section 202(b)(3) of Pub. L. 100-223 provided that: "The amendments made
by this subsection [amending this section] shall take effect October 1,
1988."
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of
Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government
Organization and Employees.
Department of Transportation; Payments to Air Carriers
Pub. L. 101-45, title I, June 30, 1989, 103 Stat. 109, provided:
"That notwithstanding any other provision of law, after September 30, 1989,
no subsidy shall be paid for any service to or from any essential air
service point in the contiguous United States for which the per passenger
subsidy exceeds $300.".
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Air Service in Alaska
Section 16 of Pub. L. 98-443 provided:
(a)(1) Notwithstanding any other provision of law, with respect to air
transportation to each of the points in Alaska listed in paragraph (4),
essential air transportation for purposes of section 419 of the Federal
Aviation Act of 1958 [this section] shall neither be specified at a level of
service nor operated with aircraft of lesser seating and cargo capacity than
provided for in CAB Order 80-1-167 and its Appendices unless otherwise
specified under an agreement between the Department of Transportation and the
State of Alaska, after consultation with the community affected. This
paragraph shall cease to be in effect on January 1, 1987.
(2) Notwithstanding any other provision of law, the total amount of
compensation which may be paid under section 419 of the Federal Aviation Act
of 1958 [this section] with respect to the points in Alaska listed in
paragraph (4) shall not exceed $3,572,778 for each of the fiscal years 1985
and 1986 and shall not exceed $893,195 for service provided during the period
beginning October 1, 1986, and ending at the close of December 31, 1986.
(3) The Secretary of Transportation shall study the feasibility of
providing essential air transportation to each of the points in Alaska listed
in paragraph (4) with aircraft having a smaller capacity than that required
by paragraph (1), the level of compensation which would be required under
section 419 of the Federal Aviation Act of 1958 [this section] for such
transportation, and the impact of using such aircraft on the air
transportation system in Alaska. The Secretary shall complete such study and
submit a report of the results of such study to Congress not later than
January 1, 1986.
(4) The points in Alaska referred to in paragraphs (1), (2), and (3) are
Cordova, Yakutak, Gustavus, Petersburg, and Wrangell.
(b) Notwithstanding any other provision of law, no part of the order of
the Civil Aeronautics Board in CAB docket number 38961 (CAB Order 84-6-77)
shall enter into effect until after December 31, 1984.
SUBCHAPTER V--NATIONALITY AND OWNERSHIP OF AIRCRAFT
Sec. 1401. Registration of aircraft nationality
(a) Necessity; aircraft of national-defense forces; transfer of ownership
It shall be unlawful for any person to operate or navigate any aircraft
eligible for registration if such aircraft is not registered by its owner as
provided in this section, or (except as provided in section 1508 of this
Appendix) to operate or navigate within the United States any aircraft not
eligible for registration: Provided, That aircraft of the national-defense
forces of the United States may be operated and navigated without being so
registered if such aircraft are identified, by the agency having jurisdiction
over them, in a manner satisfactory to the Secretary of Transportation. The
Secretary of Transportation may, by regulation, permit the operation and
navigation of aircraft without registration by the owner for such reasonable
periods after transfer of ownership thereof as the Secretary may prescribe.
(b) Eligibility for registration
An aircraft shall be eligible for registration if, but only if--
(1)(A) it is--
(i) owned by a citizen of the United States or by an individual citizen
of a foreign country who has lawfully been admitted for permanent
residence in the United States; or
(ii) owned by a corporation (other than a corporation which is a
citizen of the United States) lawfully organized and doing business under
the laws of the United States or any State thereof so long as such
aircraft is based and primarily used in the United States; and
(B) it is not registered under the laws of any foreign country; or
(2) it is an aircraft of the Federal Government, or of a State,
territory, or possession of the United States or the District of Columbia
or a political subdivision thereof.
For purposes of this subsection, the Secretary of Transportation shall, by
regulation, define the term "based and primarily used in the United States".
(c) Issuance of certificate
Upon request of the owner of any aircraft eligible for registration, such
aircraft shall be registered by the Secretary of Transportation and the
Secretary shall issue to the owner thereof a certificate of registration.
(d) Applications
Applications for such certificates shall be in such form, be filed in such
manner, and contain such information as the Secretary of Transportation may
require.
(e) Suspension or revocation
(1) Any such certificate may be suspended or revoked by the Secretary of
Transportation for any cause which renders the aircraft ineligible for
registration.
(2)(A) The Administrator shall issue an order revoking the certificate of
registration issued to an owner under this section for an aircraft and each
other certificate of registration held by such owner under this section, if
the Administrator determines that--
(i) such aircraft has been used to carry out an activity, or to
facilitate an activity, that is punishable by death or imprisonment for a
term exceeding one year under a State or Federal law relating to a
controlled substance (other than any law relating to simple possession of a
controlled substance); and
(ii) the use of the aircraft was permitted by such owner with the
knowledge that the aircraft was intended to be used for an activity
described in clause (i) of this subparagraph.
For purposes of this paragraph, an owner of an aircraft who is not an
individual shall be considered to have permitted the use of an aircraft with
knowledge that it was intended to be used for an activity described in clause
(i) of this subparagraph only if a majority of the individuals who control
such owner or who are involved in forming the major policy of such owner
permitted the use of the aircraft with knowledge of such intended use. The
Administrator shall not revoke, and the National Transportation Safety Board
on appeal under subparagraph (B) shall not affirm the revocation of, a
certificate under this paragraph on the basis of any activity if the holder
of the certificate is acquitted of all charges contained in an indictment or
information which relate to controlled substances and which arise from such
activity.
(B) Prior to revoking any certificate of registration under this
subsection, the Administrator shall advise the holder thereof of the charges
or any reasons relied upon by the Administrator for his proposed action and
shall provide the holder of the certificate of registration an opportunity to
answer any charges and be heard as to why such certificate should not be
revoked. Any person whose certificate of registration is revoked by the
Administrator under this subsection may appeal the Administrator's order to
the National Transportation Safety Board and the Board shall, after notice
and a hearing on the record, affirm or reverse the Administrator's order. In
the conduct of its hearings, the National Transportation Safety Board shall
not be bound by findings of fact of the Administrator. The filing of an
appeal with the National Transportation Safety Board shall stay the
effectiveness of the Administrator's order unless the Administrator advises
the Board that safety in air commerce or air transportation requires the
immediate effectiveness of his order, in which event the order shall remain
effective and the Board shall finally dispose of the appeal within 60 days
after being so advised by the Administrator. The person substantially
affected by the National Transportation Safety Board's order may obtain
judicial review of such order under the provisions of section 1486 of this
Appendix, and the Administrator shall be made a party to such proceedings.
(C) For purposes of this paragraph, the term "controlled substance" has the
meaning given such term by section 802(6) of title 21.
(D) Except as provided in subparagraphs (E) and (F), the Administrator
shall not issue a certificate of registration to any person who has had a
certificate revoked under subparagraph (A) of this paragraph during the five-
year period beginning on the date of such revocation.
(E) The Administrator may issue a certificate of registration for an
aircraft to any such person before the end of such five-year period (but not
before the end of the one-year period beginning on the date of such
revocation) if the Administrator determines that such aircraft is otherwise
eligible for registration under this section and (i) that revocation of the
certificate for such five-year period would be excessive considering the
nature of the offense or the act committed and the burden which revocation
places on such person, or (ii) that revocation of the certificate for such
five-year period would not be in the public interest. The determinations
under clauses (i) and (ii) of the preceding sentence shall be within the
discretion of the Administrator and any such determination or failure to make
such a determination shall not be subject to administrative or judicial
review.
(F) In any case in which the Administrator has revoked the certificate of
registration as a result of any activity and such person is subsequently
acquitted of all charges contained in an indictment or information which
relate to controlled substances and which arise from such activity, the
Administrator shall issue a certificate of registration to such person if
such person is otherwise qualified for such a certificate under this section.
(f) Effect of registration
Such certificate shall be conclusive evidence of nationality for
international purposes, but not in any proceeding under the laws of the
United States. Registration shall not be evidence of ownership of aircraft in
any proceeding in which such ownership by a particular person is, or may be,
in issue.
(g) Inspection by law enforcement officers
The operator of an aircraft shall make available for inspection an
aircraft's certificate of registration upon request by a Federal, State, or
local law enforcement officer.
(h) Modification of system
The Administrator is authorized and directed to make such modifications in
the system established under this chapter for registration and recordation of
aircraft as may be necessary to make such system more effective in serving
the needs of buyers and sellers of aircraft, officials responsible for
enforcement of laws relating to the regulation of controlled substances (as
defined in section 802 of title 21), and other users of such system. Such
modifications may include a system of titling aircraft or of registering all
aircraft whether or not operated, shall assure positive, verifiable, and
timely identification of the true owner, and shall address, at a minimum,
each of the following deficiencies in and abuses of the existing system:
(1) The registration of aircraft to fictitious persons.
(2) The use of false or nonexistent addresses by persons registering
aircraft.
(3) The use by a person registering an aircraft of a post office box or
"mail drop" as a return address for the purpose of evading identification
of such person's address.
(4) The registration of aircraft to corporations and other entities
established to facilitate unlawful activities.
(5) The submission of names of individuals on applications for
registration of aircraft which are not identifiable.
(6) The ability to make frequent legal changes in the registration
markings which are assigned to aircraft.
(7) The use of false registration markings on aircraft.
(8) The illegal use of "reserved" registration markings on aircraft.
(9) The large number of aircraft which are classified as being in
"self-reported status".
(10) The lack of a system to assure timely and adequate notice of the
transfer of ownership of aircraft.
(11) The practice of allowing temporary operation and navigation of
aircraft without issuance of a certificate of registration under this
section.
(Pub. L. 85-726, title V, Sec. 501, Aug. 23, 1958, 72 Stat. 771; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 95-163, Sec. 14, Nov.
9, 1977, 91 Stat. 1283; Pub. L. 95-241, Mar. 8, 1978, 92 Stat. 119; Pub. L.
98-499, Sec. 4(a), Oct. 19, 1984, 98 Stat. 2314; Pub. L. 99-570, title III,
Sec.3401(a)(2), Oct.27, 1986, 100 Stat. 3207-99; Pub. L. 100-690, title VII,
Sec. 7203(a), Nov. 18, 1988, 102 Stat. 4424.)
Amendments
1988--Subsec. (h). Pub. L. 100-690 added subsec. (h).
1986--Subsec. (g). Pub. L. 99-570 added subsec. (g).
1984--Subsec. (e). Pub. L. 98-499 designated existing provisions as par.
27, 1986, 100 Stat. 3207-99.)
(1) and added par. (2).
1978--Subsec. (b)(1)(A)(i). Pub. L. 95-241, Sec. 1(a), struck out "(other
than a corporation)" preceding "or by".
Subsec. (b)(1)(A)(ii). Pub. L. 95-241, Sec. 1(b), added "(other than a
corporation which is a citizen of the United States)" following
"corporation".
1977--Subsec. (b). Pub. L. 95-163 added provisions drawing a distinction
between ownership by a citizen of the United States or by an individual
citizen of a foreign country who has lawfully been admitted for permanent
residence in the United States and ownership by a corporation lawfully
organized and doing business under the laws of the United States or any State
thereof so long as such aircraft is based and primarily used in the United
States and added provisions directing the Secretary of Transportation to
define, by regulation, the term "based and primarily used in the United
States".
Effective Date of 1984 Amendment
Section 7 of Pub. L. 98-499 provided that: "This Act and the amendments
made by this Act [amending this section and sections 1422, 1429, 1472, and
1903 of this Appendix] shall apply with respect to acts and violations
occurring after the date of enactment of this Act [Oct. 19, 1984]."
Effective Date
Subchapter effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualifies and takes office,
see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301
of this Appendix. The Administrator of the Federal Aviation Agency was
appointed, qualified, and took office on Oct. 31, 1958.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsecs. (a), (c), (d), and (e), "Secretary of Transportation" was
substituted for "Administrator" (meaning Administrator of the Federal
Aviation Agency) pursuant to section 6(c)(1) of Pub. L. 89-670, which
transferred all functions, powers, and duties of the Federal Aviation Agency
and the Administrator thereof under this section to the Secretary of
Transportation. See section 106 of Title 49, Transportation.
Federal Aviation Administration Drug Enforcement Assistance;
Congressional Statement of Findings
Section 7202(a) of Pub. L. 100-690 provided that:
"Congress makes the following findings:
"(1) Illegal drug consumption and the trafficking in illegal drugs is a
major problem in the United States.
"(2) The smuggling of drugs into the United States through the use of
general aviation aircraft is a major contributing factor in the illegal
drug crisis facing our Nation.
"(3) The Federal Government has a significant role in combatting such
drug crisis.
"(4) The Federal Aviation Administration has played an important role in
assisting law enforcement agencies in certain aspects of drug
interdiction and enforcement activities.
"(5) The current systems of registering aircraft, certificating pilots,
and processing major aircraft repair and alteration forms and enforcement
of the requirements associated with such systems need to be improved in
order to more effectively contribute to drug interdiction and enforcement
efforts.
"(6) Improving such systems and enforcement of such requirements will
require providing the Federal Aviation Administration with additional
funding and other resources.
"(7) Improved systems of registering aircraft, certificating pilots, and
processing major aircraft repair and alteration forms and increased
enforcement of requirements associated with such systems will benefit all
users of such systems (including law enforcement officials) and the
general public.".
Registration, Certification, and Fuel System Alteration Regulations
Section 7207(a), (b) of Pub. L. 100-690 provided that:
"(a) Rulemaking.--Not later than 10 months after the date of the enactment
of this subtitle [Nov. 18, 1988], the Administrator shall issue final
regulations for carrying out the objectives of sections 501(h), 602(d), and
605(c) of the Federal Aviation Act of 1958 and provide a written explanation
of how such regulations address each of the deficiencies and abuses required
to be addressed by such sections. Such regulations shall include, but not
limited to, a requirement that each individual listed in an application for
registration of an aircraft provide, together with such application, his or
her driver's license number and each person (other than an individual)
listed in such an application provide, together with such application, its
Federal tax identification number.
"(b) Consultation Requirement.--In issuing regulations in accordance with
this section, the Administrator shall consult the Drug Enforcement
Administration of the Department of Justice, the United States Customs
Service, other Federal law enforcement officials, representatives of State
and local law enforcement officials, representatives of the general aviation
aircraft industry, representatives of users of general aviation aircraft, and
other interested persons.".
Drug Enforcement Status and Progress; Reports to Congress
Section 7207(d) of Pub. L. 100-690 provided that:
"Not later than 180 days after the date of the enactment of this subtitle
[Nov. 18, 1988] and annually thereafter during the 5-year period beginning
on such 180th day, the Administrator shall prepare and transmit to Congress
a report on the following:
"(1) The status of the rulemaking process, issuance of regulations, and
implementation of regulations in accordance with this section.
"(2) The progress being made in reducing the number of aircraft
classified by the Federal Aviation Administration as being in
'sale-reported status'.
"(3) The progress being made in expediting the filing and processing of
forms for major repairs and alterations of fuel tanks and fuel systems of
aircraft.
"(4) The status of establishing and collecting fees under section 313(f)
of the Federal Aviation Act [49( U.S.C. App. 1354(f)]."
Definitions
Section 7207(e) of Pub. L. 100-690 provided that:
"For purposes of this subtitle [subtitle E (Secs. 7201-7214) of title VII
of Pub. L. 100-690, see Short Title of 1988 Amendment note set out under
section 1301 of this Appendix]--
"(1) Administrator.--The term 'Administrator' means the Administrator of
the Federal Aviation Administration.
"(2) Aircraft.--The term 'aircraft' has the meaning such term has under
section 101 of the Federal Aviation Act of 1958 [section 1301 of this
Appendix].".
Information Coordination
Section 7210 of Pub. L. 100-690 provided that: "Not later than 180 days
after the date of the enactment of this subtitle [Nov. 18, 1988] and
annually thereafter during the 3-year period beginning on such 180th day,
the Administrator shall prepare and transmit to Congress a report on the
following:
"(1) The progress made in establishing a process for provision of
informational assistance by such Administration to officials of Federal,
State, and local law enforcement agencies.
"(2) The progress made in establishing a process for effectively
pursuing suspensions and revocations of certificates of registration and
airman certificates in accordance with the amendments made to the Federal
Aviation Act of 1958 by the Aviation Drug-Trafficking Control Act [Pub.
L. 98-499, amending sections 1401, 1422, 1429, and 1472 of this Appendix],
section 3401 of the Anti-Drug Abuse Act of 1986 [Pub. L. 99-570, amending
sections 1401, 1472, 1474, and 1509 of this Appendix], and this subtitle
[subtitle E (Secs. 7201-7214) of title VII of Pub. L. 100-690, see Short
Title of 1988 Amendment note set out under section 1301 of this Appendix].
"(3) The efforts of such Administration in assessing and defining the
appropriate relationship of such Administration's informational
assistance resources (including the El Paso Intelligence Center and the
Law Enforcement Assistance Unit of the Aeronautical Center of such
Administration).
"(4) The progress made in issuing guidelines on (A) the reporting of
aviation sensitive drug-related information, and (B) the development, in
coordination with the Drug Enforcement Administration of the Department
of Justice and the United States Customs Service, of training and
educational policies to assist employees of such Administration to
better understand (i) the trafficking of controlled substances (as
defined in section 102 of the Controlled Substances Act [21 U.S.C. 802]),
and (ii) the role of such Administration with respect to such trafficking.
"(5) The progress made in improving and expanding such Administration's
role in the El Paso Intelligence Center.".
Funding and Other Resources
Section 7211(a), (b) of Pub. L. 100-690 provided that:
"(a) 5-Year Cost Report.--No later than 30 days after the date on which
the final regulations referred to in section 7207(a) of this subtitle [set
out above] are issued, the Administrator shall prepare and transmit to
Congress a report on the resources (including funding and positions) which
will be necessary on an annual basis during the 5-year period beginning
after such 30th day to implement the objectives of this subtitle (including
the amendments made by this subtitle) [subtitle E (Secs. 7201-7214) of title
VII of Pub. L. 100-690, see Short Title of 1988 Amendment note set out under
section 1301 of this Appendix].
"(b) Applicability of Paperwork Reduction Act.--No information collection
requests necessary to carry out the objectives of this subtitle (including
the amendments made by this subtitle) shall be subject to or affect,
directly or indirectly, the annual information collection budget goals
established for the Federal Aviation Administration and the Department of
Transportation under chapter 35 of title 44, United States Code.".
Limitation on Applicability of Provisions of Pub. L. 100-690
Amendment by Pub. L. 100-690 only applicable to aircraft which are not
used to provide air transportation, as defined in section 1301 of this
Appendix, see section 7214 of Pub. L. 100-690, set out as a note under
section 1303 of this Appendix.
Sec. 1402. Registration of engines, propellers, and appliances
The Secretary of Transportation may establish reasonable rules and
regulations for registration and identification of aircraft engines,
propellers, and appliances, in the interest of safety, and no aircraft
engine, propeller, or appliance shall be used in violation of any such rule
or regulation.
(Pub. L. 85-726, title V, Sec. 502, Aug. 23, 1958, 72 Stat. 772; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Administrator of the Federal Aviation Agency) pursuant to section 6(c)(1) of
Pub. L. 89-670, which transferred all functions, powers, and duties of the
Federal Aviation Agency and the Administrator thereof under this section to
the Secretary of Transportation. See section 106 of Title 49, Transportation.
Sec. 1403. Recordation of aircraft ownership
(a) Establishment of recording system
The Secretary of Transportation shall establish and maintain a system for
the recording of each and all of the following:
(1) Any conveyance which affects the title to, or any interest in, any
civil aircraft of the United States;
(2) Any lease, and any mortgage, equipment trust, contract of conditional
sale, or other instrument executed for security purposes, which lease or
other instrument affects the title to, or any interest in, any specifically
identified aircraft engine or engines of seven hundred and fifty or more
rated takeoff horsepower for each such engine or the equivalent of such
horsepower, or any specifically identified aircraft propeller capable of
absorbing seven hundred and fifty or more rated takeoff shaft horsepower,
and also any assignment or amendment thereof or supplement thereto;
(3) Any lease, and any mortgage, equipment trust, contract of conditional
sale, or other instrument executed for security purposes, which lease or
other instrument affects the title to, or any interest in, any aircraft
engines, propellers, or appliances maintained by or on behalf of an air
carrier certificated under section 1424(b) of this Appendix for
installation or use in aircraft, aircraft engines, or propellers, or any
spare parts maintained by or on behalf of such an air carrier, which
instrument need only describe generally by types the engines, propellers,
appliances, and spare parts covered thereby and designate the location or
locations thereof; and also any assignment or amendment thereof or
supplement thereto.
(b) Recording of releases, cancellations, discharges, or satisfactions
The Secretary of Transportation shall also record under the system provided
for in subsection (a) of this section any release, cancellation, discharge,
or satisfaction relating to any conveyance or other instrument recorded under
said system.
(c) Validity of conveyances or other instruments; filing
No conveyance or instrument the recording of which is provided for by
subsection (a) of this section shall be valid in respect of such aircraft,
aircraft engine or engines, propellers, appliances, or spare parts against
any person other than the person by whom the conveyance or other instrument
is made or given, his heir or devisee, or any person having actual notice
thereof, until such conveyance or other instrument is filed for recordation
in the office of the Secretary of Transportation: Provided, That previous
recording of any conveyance or instrument with the Administrator of the Civil
Aeronautics Administration under the provisions of the Civil Aeronautics Act
of 1938 shall have the same force and effect as though recorded as provided
herein; and conveyances, the recording of which is provided for by subsection
(a)(1) of this section made on or before August 21, 1938, and instruments,
the recording of which is provided for by subsections (a)(2) and (a)(3) of
this section made on or before June 19, 1948, shall not be subject to the
provisions of this subsection.
(d) Effect of recording
Each conveyance or other instrument recorded by means of or under the
system provided for in subsection (a) or (b) of this section shall from the
time of its filing for recordation be valid as to all persons without further
or other recordation, except that an instrument recorded pursuant to
subsection (a)(3) of this section shall be effective only with respect to
those of such items which may from time to time be situated at the designated
location or locations and only while so situated: Provided, That an
instrument recorded under subsection (a)(2) of this section shall not be
affected as to the engine or engines, or propeller or propellers,
specifically identified therein, by any instrument theretofore or thereafter
recorded pursuant to subsection (a)(3) of this section.
(e) Form of conveyances or other instruments
Except as the Secretary of Transportation may by regulation prescribe, no
conveyance or other instrument shall be recorded unless it shall have been
acknowledged before a notary public or other officer authorized by the law of
the United States, or of a State, territory, or possession thereof, or the
District of Columbia, to take acknowledgment of deeds.
(f) Index of conveyances and other instruments
The Secretary of Transportation shall keep a record of the time and date of
the filing of conveyances and other instruments with him and of the time and
date of recordation thereof. He shall record conveyances and other
instruments filed with him in the order of their reception, in files to be
kept for that purpose and indexed according to--
(1) the identifying description of the aircraft, aircraft engine, or
propeller, or in the case of an instrument referred to in subsection (a)(3)
of this section, the location or locations specified therein, and
(2) the names of the parties to the conveyance or other instrument.
(g) Regulations
The Secretary of Transportation is authorized to provide by regulation for
the endorsement upon certificates of registration, or aircraft certificates,
of information with respect to the ownership of the aircraft for which each
certificate is issued, the recording of discharges and satisfactions of
recorded instruments, and other transactions affecting title to or interest
in aircraft, aircraft engines, propellers, appliances, or parts, and for such
other records, proceedings, and details as may be necessary to facilitate the
determination of the rights of parties dealing with civil aircraft of the
United States, aircraft engines, propellers, appliances, or parts.
(h) Previously unrecorded ownership of aircraft
The person applying for the issuance or renewal of an airworthiness
certificate for an aircraft with respect to which there has been no
recordation of ownership as provided in this section shall present with his
application such information with respect to the ownership of the aircraft as
the Secretary of Transportation shall deem necessary to show the persons who
are holders of property interests in such aircraft and the nature and extent
of such interests.
(Pub. L. 85-726, title V, Sec. 503, Aug. 23, 1958, 72 Stat. 772; Pub. L. 86-
81, Secs. 1, 3, 4, July 8, 1959, 73 Stat. 180, 181; Pub. L. 88-346, Sec. 2,
June 30, 1964, 78 Stat. 236; Pub. L. 89-670, Sec. 6(c)(1), Oct. 15, 1966, 80
Stat. 937.)
References in Text
The Civil Aeronautics Act of 1938, referred to in subsec. (c), is act June
23, 1938, ch. 601, 52 Stat. 973, as amended, which was classified principally
to chapter 9 (Sec. 401 et seq.) of this Appendix and was repealed by Pub. L.
85-726, title XIV, Sec. 1401(b), Aug. 23, 1958, 72 Stat. 806. For complete
classification of this Act to the Code, see Tables.
Amendments
1964--Subsec. (e). Pub. L. 88-346 inserted "Except as the Administrator may
by regulation prescribe."
1959--Subsec. (a)(2). Pub. L. 86-81, Sec. 1, substituted "takeoff" for
"take-off" and provided for the central recording of interests in
specifically identified aircraft propellers.
Subsec. (d). Pub. L. 86-81, Sec. 3, included in the proviso specifically
identified propellers.
Subsec. (f)(1). Pub. L. 86-81, Sec. 4, required the indexing of conveyances
of specifically identified propellers.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsecs. (a), (b), (c), (e), (f), (g), and (h), "Secretary of
Transportation" was substituted for "Administrator" (meaning Administrator of
the Federal Aviation Agency) pursuant to section 6(c)(1) of Pub. L. 89-670,
which transferred all functions, powers, and duties of the Federal Aviation
Agency and the Administrator thereof under this section to the Secretary of
Transportation. See section 106 of Title 49, Transportation.
Sec. 1404. Limitation of security owners' liability
No person having a security interest in, or security title to, any civil
aircraft, aircraft engine, or propeller under a contract of conditional sale,
equipment trust, chattel or corporate mortgage, or other instrument of
similar nature, and no lessor of any such aircraft, aircraft engine, or
propeller under a bona fide lease of thirty days or more, shall be liable by
reason of such interest or title, or by reason of his interest as lessor or
owner of the aircraft, aircraft engine, or propeller so leased, for any
injury to or death of persons, or damage to or loss of property, on the
surface of the earth (whether on land or water) caused by such aircraft,
aircraft engine, or propeller, or by the ascent, descent, or flight of such
aircraft, aircraft engine, or propeller or by the dropping or falling of an
object therefrom, unless such aircraft, aircraft engine, or propeller is in
the actual possession or control of such person at the time of such injury,
death, damage, or loss.
(Pub. L. 85-726, title V, Sec. 504, Aug. 23, 1958, 72 Stat. 774; Pub. L. 86-
81, Sec. 2, July 8, 1959, 73 Stat. 180.)
Amendments
1959--Pub. L. 86-81 exempted security owners and lessors of both aircraft
engines and propellers from liability without fault for injury or damage to
persons or property on the surface of the earth which might be caused by
these instruments.
Sec. 1405. Dealers' aircraft registration certificates
The Secretary of Transportation may, by such reasonable regulations as he
may find to be in the public interest, provide for the issuance, and for the
suspension or revocation, of dealers' aircraft registration certificates, and
for their use in connection with aircraft eligible for registration under
this chapter by persons engaged in the business of manufacturing,
distributing, or selling aircraft. Aircraft owned by holders of dealers'
aircraft registration certificates shall be deemed registered under this
chapter to the extent that the Secretary of Transportation may, by
regulation, provide. It shall be unlawful for any person to violate any
regulation, or any term, condition, or limitation contained in any
certificate, issued under this section.
(Pub. L. 85-726, title V, Sec. 505, Aug. 23, 1958, 72 Stat. 774; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal
Aviation Act of 1958. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this Appendix and Tables.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Administrator of the Federal Aviation Agency) pursuant to section 6(c)(1) of
Pub. L. 89-670, which transferred all functions, powers, and duties of the
Federal Aviation Agency and the Administrator thereof under this section to
the Secretary of Transportation. See section 106 of Title 49, Transportation.
Sec. 1406. Law governing validity of certain instruments
The validity of any instrument the recording of which is provided for by
section 1403 of this Appendix, shall be governed by the laws of the State,
District of Columbia, or territory or possession of the United States in
which such instrument is delivered, irrespective of the location or the place
of delivery of the property which is the subject of such instrument. Where
the place of intended delivery of such instrument is specified therein, it
shall constitute presumptive evidence that such instrument was delivered at
the place so specified.
(Pub. L. 85-726, title V, Sec. 506, as added Pub. L. 88-346, Sec. 1(a), June
30, 1964, 78 Stat. 236.)
Effective Date
Section 1(d) of Pub. L. 88-346 provided that: "The amendments made by this
section [enacting this section] shall not be applicable with respect to any
instrument delivered before the date of enactment of this Act [June 30,
1964]."
Convention on the International Recognition of Rights in Aircraft
Section 1(c) of Pub. L. 88-346 provided that: "The amendments made by this
section [enacting this section] shall not take precedence over the Convention
on the International Recognition of Rights in Aircraft (4 U.S.T. 1830)."
SUBCHAPTER VI--SAFETY REGULATION OF CIVIL AERONAUTICS
Sec. 1421. Powers and duties of Secretary of Transportation
(a) Minimum standards; rules and regulations
The Secretary of Transportation is empowered and it shall be his duty to
promote safety of flight of civil aircraft in air commerce by prescribing and
revising from time to time:
(1) Such minimum standards governing the design, materials, workmanship,
construction, and performance of aircraft, aircraft engines, and propellers
as may be required in the interest of safety;
(2) Such minimum standards governing appliances as may be required in the
interest of safety;
(3) Reasonable rules and regulations and minimum standards governing, in
the interest of safety, (A) the inspection, servicing, and overhaul of
aircraft, aircraft engines, propellers, and appliances; (B) the equipment
and facilities for such inspection, servicing, and overhaul; and (C) in the
discretion of the Secretary of Transportation, the periods for, and the
manner in, which such inspection, servicing, and overhaul shall be made,
including provision for examinations and reports by properly qualified
private persons whose examinations or reports the Secretary of
Transportation may accept in lieu of those made by its officers and
employees;
(4) Reasonable rules and regulations governing the reserve supply of
aircraft, aircraft engines, propellers, appliances, and aircraft fuel and
oil, required in the interest of safety, including the reserve supply of
aircraft fuel and oil which shall be carried in flight;
(5) Reasonable rules and regulations governing, in the interest of
safety, the maximum hours or periods of service of airmen, and other
employees, of air carriers; and
(6) Such reasonable rules and regulations, or minimum standards,
governing other practices, methods, and procedure, as the Secretary of
Transportation may find necessary to provide adequately for national
security and safety in air commerce.
(b) Consideration of needs of service; classification of standards, rules,
regulations, and certificates
In prescribing standards, rules, and regulations, and in issuing
certificates under this subchapter, the Secretary of Transportation shall
give full consideration to the duty resting upon air carriers to perform
their services with the highest possible degree of safety in the public
interest and to any differences between air transportation and other air
commerce; and he shall make classifications of such standards, rules,
regulations, and certificates appropriate to the differences between air
transportation and other air commerce. The Secretary of Transportation may
authorize any aircraft, aircraft engine, propeller, or appliance, for which
an aircraft certificate authorizing use thereof in air transportation has
been issued, to be used in other air commerce without the issuance of a
further certificate. The Secretary of Transportation shall exercise and
perform his powers and duties under this chapter in such manner as will best
tend to reduce or eliminate the possibility of, or recurrence of, accidents
in air transportation, but shall not deem himself required to give preference
to either air transportation or other air commerce in the administration and
enforcement of this subchapter.
(c) Exemptions
The Secretary of Transportation from time to time may grant exemptions
from the requirements of any rule or regulation prescribed under this
subchapter if he finds that such action would be in the public interest.
(d) Installation of emergency locator transmitters; aircraft subject to
coverage
(1) Except with respect to aircraft described in paragraph (2) of this
subsection and except as provided in paragraph (3) of this subsection,
minimum standards pursuant to this section shall include a requirement that
emergency locator transmitters shall be installed--
(A) on any fixed-wing, powered civil aircraft for use in air commerce the
manufacture of which is completed, or which is imported into the United
States, after one year following January 2, 1974; and
(B) on any fixed-wing, powered civil aircraft used in air commerce after
three years and six months following such date.
(2) The provisions of this subsection shall not apply to:
(A) Turbojet-powered aircraft;
(B) Aircraft while engaged in scheduled flights by scheduled air
carriers certificated by the Board;
(C) Aircraft while engaged in training operations conducted entirely
within a fifty-mile radius of the airport from which such local flight
operations began;
(D) Aircraft while engaged in flight operations incident to design and
testing;
(E) New aircraft while engaged in flight operations incident to their
manufacture, preparations, and delivery;
(F) Aircraft while engaged in flight operations incident to the aerial
application of chemicals and other substances for agricultural purposes;
(G) Aircraft certificated by the Secretary of Transportation for
research and development purposes;
(H) Aircraft while used for showing compliance with regulations, crew
training, exhibition, air racing, or market surveys; and
(I) Aircraft equipped to carry not more than one person.
(3) The Administrator shall issue regulations which permit, subject to such
limitations and conditions as he prescribes in such regulations, the
operation of any aircraft equipped with an emergency locator transmitter
during any period for which such transmitter has been removed from such
aircraft for inspection, repair, modification, or replacement.
(e) Aviation fuel standards; establishment, implementation and enforcement
The Secretary of Transportation shall prescribe, and from time to time
revise, regulations (1) establishing standards governing the composition or
the chemical or physical properties of any aircraft fuel or fuel additive for
the purpose of controlling or eliminating aircraft emissions which the
Administrator of the Environmental Protection Agency (pursuant to section
7571 of title 42) determines endanger the public health or welfare, and (2)
providing for the implementation and enforcement of such standards.
(f) Collision avoidance systems
(1) Development and certification
(A) Standards
The Administrator shall complete development of the collision
avoidance system known as TCAS-II so that such system will be operable
under visual and instrument flight rules and will be upgradable to the
performance standards applicable to the collision avoidance system known
as TCAS-III.
(B) Schedule
The Administrator shall develop and implement a schedule for
development and certification of the collision avoidance system known
as TCAS-II which will result in completion of such certification not
later than 18 months after December 30, 1987.
(C) Monthly reports
The Administrator shall transmit to Congress monthly reports on the
progress being made in development and certification of the collision
avoidance system known as TCAS-II.
(2) Installation
The Administrator shall require by regulation that, not later than
30 months after the date of certification of the collision avoidance
system known as TCAS-II, such system be installed and operated on each
civil aircraft which has a maximum passenger capacity of more than 30
seats and which is used to provide air transportation of passengers,
including intrastate air transportation of passengers.
(3) Operational evaluation
The Administrator shall institute, for a 1-year period beginning not
later than December 30, 1990, a program for the operational evaluation of
the collision avoidance system known as TCAS-II, in order to collect and
assess safety and operational data from the civil aircraft equipped with
such system. In conducting the program, the Administrator shall encourage
the participation of foreign air carriers which operate civil aircraft
equipped with such system.
(4) Extension of time
If the Administrator determines that extending the deadline contained in
paragraph (2) is necessary--
(A) to promote a safe and orderly transition to operation of a
fleet of civil aircraft described in paragraph (2) which is equipped
with the collision avoidance system known as TCAS-II, or
(B) to promote other safety objectives,
the Administrator may extend such deadline for a period not to exceed 2
years.
(5) Compatability of windshear equipment installation schedule
The Administrator shall consider the feasibility and desirability of
amending the schedule for the installation of airborne low-altitude
windshear equipment in order to make such schedule compatible with the
schedule for the installation of the collision avoidance system known as
TCAS-II.
(6) Transponders
Not later than 6 months after December 30, 1987, the Administrator
shall promulgate a final rule requiring the installation and use of
operating transponders with automatic altitude reporting capability for
aircraft operating in designated terminal airspace where radar service is
provided for separation of aircraft. For such terminal airspace, other
than Terminal Control Areas and Airport Radar Service Areas, the
Administrator may provide for access to such airspace by nonequipped
aircraft if the Administrator determines that such access will not
interfere with the normal traffic flow. Such final rule shall require
the installation and use of such transponders not later than 36 months
after December 30, 1987.
(Pub. L. 85-726, title VI, Sec. 601, Aug. 23, 1958, 72 Stat. 775; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 91-596, Sec. 31, Dec.
29, 1970, 84 Stat. 1619; Pub. L. 91-604, Sec. 11(b)(1), Dec. 31, 1970, 84
Stat. 1705; Pub. L. 93-239, Sec. 4, Jan. 2, 1974, 87 Stat. 1048; Pub. L. 95-
163, Sec. 15(a), (b)(1), Nov. 9, 1977, 91 Stat. 1283; Pub. L. 100-223, title
II, Sec. 203(b), Dec. 30, 1987, 101 Stat. 1518; Pub. L. 101-236, Sec. 2,
Dec. 15, 1989, 103 Stat. 2060.)
References in Text
This chapter, referred to in subsec. (b), was in the original "this Act",
meaning Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the
Federal Aviation Act of 1958. For complete classification of this Act to the
Code, see Short Title note set out under section 1301 of this Appendix and
Tables.
Amendments
1989--Subsec. (f)(3)-(6). Pub. L. 101-236 added pars. (3) to (5) and
redesignated former par. (3) as (6).
1987--Subsec. (f). Pub. L. 100-223 added subsec. (f).
1977--Subsec. (d)(1). Pub. L. 95-163, Sec. 15(a)(1), added reference to the
exception provided in par. (3) of subsec. (d).
Subsec. (d)(3). Pub. L. 95-163, Sec. 15(a)(2), added par. (3).
Subsec. (e). Pub. L. 95-163, Sec. 15(b)(1), redesignated the second subsec.
(d), relating to aviation fuel standards and added by Pub. L. 91-604, as
subsec. (e).
1974--Subsec. (d)(1). Pub. L. 93-239 substituted "transmitters" for
"beacons" in introductory text, "powered civil aircraft" for "powered
aircraft" in subpars. (A) and (B), and "three years and six months" for
"three years" in subpar. (B).
Subsec. (d)(2). Pub. L. 93-239, in revising the provisions making the
subsection inapplicable to certain aircraft, substituted provisions
designated as subpars. (A) to (I) for prior provisions making the subsection
inapplicable to "jet-powered aircraft; aircraft used in air transportation
(other than air taxis and charter aircraft); military aircraft; aircraft used
solely for training purposes not involving flights more than twenty miles
from its base; and aircraft used for the aerial application of chemicals".
1970--Subsec. (d). Pub. L. 91-596 added subsec. (d), relating to emergency
locator transmitters.
Pub. L. 91-604 added a second subsec. (d), relating to aviation fuel
standards.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-596 effective 120 days after Dec. 29, 1970, see
section 34 of Pub. L. 91-596, set out as an Effective Date note under section
651 of Title 29, Labor.
Effective Date
Subchapter effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualifies and takes office,
see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301
of this Appendix. The Administrator was appointed, qualified, and took office
on Oct. 31, 1958.
Transfer of Functions
In provision preceding subsec. (a)(1), and subsecs. (a)(3), (6), (b), (c),
(d)(2)(G), and (e), "Secretary of Transportation" was substituted for
"Administrator" (meaning Federal Aviation Administrator) on authority of
section 6(c)(1) of Pub. L. 89-670, in view of the transfer of all functions,
powers, and duties of the Federal Aviation Agency and of the Administrator
and other offices and officers thereof to the Secretary of Transportation,
with the functions, powers, and duties of the Secretary of Transportation
pertaining to aviation safety under this subchapter to be exercised by the
Federal Aviation Administrator in the Department of Transportation. See
section 106 of Title 49, Transportation.
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
References to Subsection (d)
Section 15(b)(2) of Pub. L. 95-163 provided that: "Any reference to such
relettered subsection (e) [resulting from the redesignation by Pub. L. 95-163
of former subsec. (d) relating to aviation fuel standards as subsec. (e)]
shall be relettered accordingly."
Aircraft Operations in Winter Conditions
Pub. L. 102-581, title I, Sec. 124, Oct. 31, 1992, 106 Stat. 4885, provided
that:
"(a) In General.--Before November 1, 1992, the Administrator of the
Federal Aviation Administration shall require, by regulation, procedures to
improve safety of aircraft operations during winter conditions.
"(b) Factors To Be Considered.--In determining procedures to be required
under subsection (a), the Administrator shall consider, among other things,
aircraft and air traffic control modifications, the availability of different
types of deicing fluids (taking into account their efficacy and environmental
limitations), the types of deicing equipment available, and the feasibility
and desirability of establishing timeframes within which deicing must occur
under certain types of inclement weather."
Deicing Study
Pub. L. 102-581, title III, Sec. 303, Oct. 31, 1992, 106 Stat. 4896,
provided that: "Not later than 6 months after the date of the enactment of
this Act [Oct. 31, 1992], the Secretary of Transportation shall report to
Congress on the feasibility of requiring commercial airports and commercial
airlines to employ portable equipment to deice commercial aircraft
immediately prior to takeoff by placing deicing equipment close to the
departure end of the active runway. In addition, the Secretary shall
undertake research to develop new techniques and to develop more efficient
fluids and technologies for deicing."
Aging Aircraft Safety
Pub. L. 102-143, title IV, Secs. 401-405, Oct. 28, 1991, 105 Stat. 951,
provided that:
"SEC. 401. SHORT TITLE.
"This title may be cited as the 'Aging Aircraft Safety Act of 1991'.
"SEC. 402. AGING AIRCRAFT RULEMAKING PROCEEDING.
"(a) In General.--Not later than 180 days after the date of the enactment of
this title [Oct. 28, 1991], the Administrator shall initiate a rulemaking
proceeding for the purpose of issuing a rule to assure the continuing
airworthiness of aging aircraft.
"(b) Inspections and Record Reviews.--
"(1) General requirement.--The rule issued pursuant to this section
shall, at a minimum, require the Administrator to make such inspections,
and conduct such reviews of maintenance and other records, of each
aircraft used by an air carrier to provide air transportation as may be
necessary to enable the Administrator to determine that such aircraft is
in safe condition and is properly maintained for operation in air
transportation.
"(2) Part of heavy maintenance checks.--The inspections and reviews
required under paragraph (1) shall be carried out as part of each heavy
maintenance check of the aircraft conducted on or after the first day of
the 15th year in which the aircraft is in service.
"(3) Applicability of federal aviation act.--The inspections required
under paragraph (1) shall be conducted as provided in section
601(a)(3)(C) of the Federal Aviation Act of 1958.
"(c) Demonstration of Structural and Parts Maintenance.--The rule issued
pursuant to this section shall, at a minimum, require the air carrier to
demonstrate to the Administrator, as part of the inspection required by the
rule, that maintenance of the aircraft's structure, skin, and other age-
sensitive parts and components has been adequate and timely enough to ensure
the highest degree of safety.
"(d) Procedures.--The rule issued pursuant to this section shall establish
procedures to be followed in carrying out the inspections required by the
rule.
"(e) Availability of Aircraft.--The rule issued pursuant to this section
shall require the air carrier to make available to the Administrator the
aircraft and such inspection, maintenance, and other records pertaining to
the aircraft as the Administrator may require for carrying out reviews
required by the rule.
"SEC. 403. AIRCRAFT MAINTENANCE SAFETY PROGRAMS.
"Not later than 180 days after the date of the enactment of this title, the
Administrator shall establish--
"(1) a program to verify that air carriers are maintaining their
aircraft in accordance with maintenance programs approved by the Federal
Aviation Administration;
"(2) a program--
"(A) to provide inspectors and engineers of the Federal Aviation
Administration with training necessary for conducting auditing
inspections of aircraft operated by air carriers for corrosion and
metal fatigue; and
"(B) to enhance participation of such inspectors and engineers in
such inspections; and
"(3) a program to ensure that air carriers demonstrate to the
Administrator their commitment and technical competence to assure the
airworthiness of aircraft operated by such carriers.
"SEC. 404. FOREIGN AIR TRANSPORTATION.
"(a) General Rule.--The Administrator shall take all possible steps to
encourage foreign governments and relevant international organizations to
develop standards and requirements for inspections and reviews which will
ensure the continuing airworthiness of aging aircraft used by foreign air
carriers to provide foreign air transportation to and from the United States
and which will afford passengers of such foreign air carriers the same level
of safety as will be afforded passengers of air carriers by implementation of
this title.
"(b) Report.--Not later than the last day of the second fiscal year
beginning after the date of the enactment of this title [Oct. 28, 1991],
the Administrator
shall report to Congress on implementation of this section.
"SEC. 405. ADMINISTRATOR DEFINED.
"As used in this title, the term 'Administrator' means the Administrator of
the Federal Aviation Administration.".
Aircraft Collision Avoidance Systems
Section 203(a) of Pub. L. 100-223 provided that: "Congress finds that--
"(1) the number of near midair collisions is an indication that
additional measures must be taken to assure the highest level of air
safety in the United States;
"(2) public health and safety requirements necessitate the timely
completion and installation of a collision avoidance system for use by
commercial aircraft flying in the United States;
"(3) the Traffic Alert and Collision Avoidance System promises
to reduce the threat to life caused by midair collisions, particularly
collisions between general aviation aircraft and commercial aircraft;
"(4) the Traffic Alert and Collision Avoidance System will succeed
only to the degree that other aircraft posing a collision threat use
operating transponders with automatic altitude reporting capability; and
"(5) the Federal Aviation Administration should continue at a
deliberate pace the development of additional technologies, including
the collision avoidance system known as TCAS-III, to ensure the safe
separation of aircraft."
Completion of Research and Development
Section 203(d) of Pub. L. 100-223 provided that:
"(1) General Rule.--The Administrator shall complete the research and the
development on, and the certification of, the collision avoidance system
known as TCAS-III as soon as possible.
"(2) Authorization of Appropriation.--There are authorized to be
appropriated such sums as may be necessary from the Airport and Airway Trust
Fund to carry out this subsection."
Safety Rulemaking Proceedings
Section 303 of Pub. L. 100-223 provided that:
"(a) Floatation Equipment.--Not later than 180 days after the date of
the enactment of this Act [Dec. 30, 1987], the Secretary shall initiate a
rulemaking proceeding to consider requiring (1) adequate, uniform life
preservers, life rafts, and floatation devices for passengers, including
small children and infants, on any flight of an air carrier which the
Secretary determines a part of which flight will occur over water, and (2)
adequate information and instructions as to the use of such preservers,
rafts, and floatation devices.
"(b) Improved Crashworthiness Standards for Aircraft Seats.--Not later
than 120 days after the date of the enactment of this Act [Dec. 30, 1987],
the Secretary shall initiate a rulemaking proceeding to consider requiring
all seats on board all air carrier aircraft to meet improved crashworthiness
standards based upon the best available testing standards for
crashworthiness.
"(c) Cockpit Voice Recorders and Flight Data Recorders.--Not later than
120 days after the date of the enactment of this Act [Dec. 30, 1987], the
Secretary shall initiate a rulemaking proceeding to consider the use of
cockpit voice recorders and flight data recorders on commuter aircraft and
other aircraft, commensurate with the recommendations of the National
Transportation Safety Board.
"(d) Monthly Status Reports.--The Secretary shall transmit to Congress
monthly status reports on the rulemaking proceedings being conducted under
subsections (a), (b), and (c) of this section.
"(e) Aircraft Design and Equipment.--
"(1) Study.--The Secretary shall conduct a study pertaining to
aircraft design and equipment which minimize the incidence of fire or
explosion, including fuel tanks (including crash resistant inner
fuel tanks and breakaway, self-closing fittings throughout the fuel
system).
"(2) Report.--Not later than 1 year after the date of the enactment
of this Act [Dec. 30, 1987], the Secretary shall transmit to Congress
a report on the results of the study conducted under this subsection,
together with recommendations.
"(f) Report on Modernization Recommendations.--Not later than 90 days
after the date of the enactment of this Act [Dec. 30, 1987], the Secretary
shall report to Congress on specific regulations the Secretary has adopted
or intends to adopt to modernize and improve the oversight and inspection of
air carrier maintenance and safety-related procedures."
Study of Age of Pilots, Etc., as Related to Performance Suitability; Report
to Congress; Appropriations
Pub. L. 96-171, Dec. 29, 1979, 93 Stat. 1285, provided that the Director of
the National Institute of Health, in consultation with the Secretary of
Transportation, conduct a study to determine whether an age limitation on
pilots is medically warranted, whether rules governing eligibility for and
frequency of first-and second-class medical certification, as set forth in
part 67 of title 14 of the Code of Federal Regulations, are adequate, and the
effect of aging on the ability of individuals to perform the duties of
pilots, and complete such study and submit a report to Congress within one
year after Dec. 29, 1979.
Hazardous Substances
Federal Hazardous Substances Act as not modifying regulations promulgated
under this section, see Pub. L. 86-613, Sec. 18, formerly Sec. 17, July 12,
1960, 74 Stat. 380, set out as a note under section 1261 of Title 15,
Commerce and Trade.
Sec. 1422. Airman certificates
(a) Authorization to issue
The Secretary of Transportation is empowered to issue airman certificates
specifying the capacity in which the holders thereof are authorized to serve
as airmen in connection with aircraft.
(b) Application; issuance or denial; petition for review; hearing;
determination; issuance of certificates to aliens; revocation; exceptions
(1) Any person may file with the Secretary of Transportation an application
for an airman certificate. If the Secretary of Transportation finds, after
investigation, that such person possesses proper qualifications for, and is
physically able to perform the duties pertaining to, the position for which
the airman certificate is sought, he shall issue such certificate, containing
such terms, conditions, and limitations as to duration thereof, periodic or
special examinations, tests of physical fitness, and other matters as the
Secretary of Transportation may determine to be necessary to assure safety in
air commerce. Except in the case of persons whose certificates are, at the
time of denial, under order of suspension or whose certificates have been
revoked within one year of the date of such denial, any person whose
application for the issuance or renewal of an airman certificate is denied
may file with the National Transportation Safety Board a petition for review
of the Secretary of Transportation's action. The National Transportation
Safety Board shall thereupon assign such petition for hearing at a place
convenient to the applicant's place of residence or employment. In the
conduct of such hearing and in determining whether the airman meets the
pertinent rules, regulations, or standards, the National Transportation
Safety Board shall not be bound by findings of fact of the Secretary of
Transportation but shall be bound by all validly adopted interpretations
of laws and regulations administered by the Federal Aviation Administration
unless the Board finds that any such interpretation is arbitrary, capricious,
or otherwise not in accordance with law. At the conclusion of such hearing,
the National Transportation Safety Board shall issue its decision as to
whether the airman meets the pertinent rules, regulations, and standards and
the Secretary of Transportation shall be bound by such decision: Provided,
That the Secretary of Transportation may, in his discretion, prohibit or
restrict the issuance of airman certificates to aliens, or may make such
issuance dependent on the terms of reciprocal agreements entered into with
foreign governments.
(2) Limitation on reissuance of revoked certificates
(A) General rule
Except as provided in subparagraphs (B) and (C), the Administrator
shall not issue an airman certificate to any person whose airman
certificate has been revoked under section 1429(c) of this Appendix.
(B) Special rule for law enforcement purposes
The Administrator may issue an airman certificate to any person
whose airman certificate has been revoked under section 1429(c) of this
Appendix if the Administrator determines that issuance of such
certificate will facilitate law enforcement efforts.
(C) In any case in which the Administrator has revoked an airman
certificate of a person under section 1429(c)(1) or (2) of this Appendix
as a result of any activity and--
(i) such person is subsequently acquitted of all charges contained in an
indictment or information which relate to controlled substances and which
arise from such activity; or
(ii) in the case of a revocation under section 1429(c)(1) of this
Appendix, the judgment of conviction on which the revocation is based is
reversed on appeal;
the Administrator shall issue an airman certificate to such person if such
person is otherwise qualified to serve as an airman under this section.
(c) Form and recording
Each certificate shall be numbered and recorded by the Secretary of
Transportation; shall state the name and address of, and contain a
description of, the person to whom the certificate is issued; and shall be
entitled with the designation of the class covered thereby. Certificates
issued to all pilots serving in scheduled air transportation shall be
designated "airline transport pilot" of the proper class.
(d) Modification of system
The Administrator is authorized and directed to make such modifications
in the system established under this chapter for issuance of airman's
certificates to pilots as may be necessary to make such system more
effective in serving the needs of pilots and officials responsible for
enforcement of laws relating to the regulation of controlled substances (as
defined in section 802 of title 21. Such modifications shall assure positive
and verifiable identification of each person applying for or holding such a
certificate and shall address, at a minimum, each of the following
deficiencies in and abuses of the existing system:
(1) The use of fictitious names and addresses by applicants for such
certificates.
(2) The use of stolen or fraudulent identification in applying for such
certificates.
(3) The use by a person applying for such a certificate of a post
office box or "mail drop" as a return address for the purpose of evading
identification of such person's address.
(4) The use of counterfeit and stolen airman's certificates by pilots.
(5) The absence of information concerning physical characteristics of
holders of such certificates.
(Pub. L. 85-726, title VI, Sec. 602, Aug. 23, 1958, 72 Stat. 776; Pub. L. 89-
670, Sec. 6(c)(1), (d), Oct. 15, 1966, 80 Stat. 937; Pub. L. 98-499, Sec. 3,
Oct. 19, 1984, 98 Stat. 2313; Pub. L. 100-690, title VII, Secs. 7204(a),
7205(a), Nov. 18, 1988, 102 Stat. 4425, 4426; Pub. L. 102-345, Sec. 4, Aug.
26, 1992, 106 Stat. 926.)
Amendments
1992--Subsec. (b)(1). Pub. L. 102-345 inserted "but shall be bound by all
validly adopted intrepretations of laws and regualtions administered by the
Federal Aviation Administration unless the Board finds that any such
interpretation is arbitrary, capricious, or otherwise not in accordance with
law" after "findings of fact of the Secretary of Transportation".
1988--Subsec. (b)(2)(A),(B). Pub. L. 100-690, Sec. 7204(a), amended par.
(2) generally. Prior to amendments, par. (2) read as follows:
"(2)(A) Except as provided in subparagraphs (B) and (C), the Administrator
shall not issue an airman certificate to any person whose airman certificate
has been revoked under subsection (c) of section 1429 of this Appendix during
the five-year period beginning on the date of such revocation.
"(B) The Administrator may issue an airman certificate to any such person
before the end of such five-year period (but not before the end of the one-
year period beginning on the date of such revocation) if, in addition to the
findings required by paragraph (1), the Administrator determines (i) that
revocation of the certificate for such five-year period would be excessive
considering the nature of the offense or the act committed and the burden
which revocation places on such person, or (ii) that revocation of the
certificate for such five-year period would not be in the public interest.
The determinations under clauses (i) and (ii) of the preceding sentence shall
be within the discretion of the Administrator and any such determination or
failure to make such a determination shall not be subject to administrative
or judicial review.".
Subsec. (d). Pub. L. 100-690, Sec. 7205(a), added subsec. (d).
1984--Subsec. (b). Pub. L. 98-499 designated existing provisions as par.
(1) and added par. (2).
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-499 applicable with respect to acts and violations
occurring after Oct. 19, 1984, see section 7 of Pub. L. 98-499, set out as a
note under section 1401 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted in text for "Administrator"
(meaning Federal Aviation Administrator) on authority of section 6(c)(1) of
Pub. L. 89-670, in view of the transfer of all functions, powers, and duties
of the Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this subchapter to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
The functions, powers, and duties of the Civil Aeronautics Board, relating
to review of a denial of an application for the issuance or renewal of an
airman certificate and a hearing and determination under this section were
transferred to the Secretary of Transportation by section 6(d) of Pub. L. 89-
670 [section 1655(d) of this Appendix] and subsequently transferred by
section 5(b)(2) and said section 6(d) of Pub. L. 89-670 [former section
1654(b)(2) and section 1655(d) of this Appendix] to the National
Transportation Safety Board within the Department of Transportation. Former
section 1654 of this Appendix was repealed by Pub. L. 93-633, title III, Sec.
308(1), Jan. 3, 1975, 88 Stat. 2173. Pub. L. 93-633, title III, Secs. 303,
304, enacted sections 1902 and 1903 of this Appendix which established the
National Transportation Safety Board as an independent Agency of the United
States on or after Apr. 1, 1975, and directed the Board to review on appeal
the suspension, amendment, modification, revocation, or denial of any
operating certificate or license issued by the Secretary of Transportation
under sections 1422, 1429, or 1431(e) of this Appendix. Accordingly,
"National Transportation Safety Board" was substituted for "Board" in subsec.
(b).
Sec. 1423. Aircraft certificates
(a) Authorization to issue; application; investigation; tests; issuance of
type certificate
(1) The Secretary of Transportation is empowered to issue type certificates
for aircraft, aircraft engines, and propellers; to specify in regulations the
appliances for which the issuance of type certificates is reasonably required
in the interest of safety; and to issue such certificates for appliances so
specified.
(2) Any interested person may file with the Secretary of Transportation an
application for a type certificate for an aircraft, aircraft engine,
propeller, or appliance specified in regulations under paragraph (1) of this
subsection. Upon receipt of an application, the Secretary of Transportation
shall make an investigation thereof and may hold hearings thereon. The
Secretary of Transportation shall make, or require the applicant to make,
such tests during manufacture and upon completion as the Secretary of
Transportation deems reasonably necessary in the interest of safety,
including flight tests and tests of raw materials or any part or appurtenance
of such aircraft, aircraft engine, propeller, or appliance. If the Secretary
of Transportation finds that such aircraft, aircraft engine, propeller, or
appliance is of proper design, material, specification, construction, and
performance for safe operation, and meets the minimum standards, rules, and
regulations prescribed by the Secretary of Transportation, he shall issue a
type certificate therefor. The Secretary of Transportation may prescribe in
any such certificate the duration thereof and such other terms, conditions,
and limitations as are required in the interest of safety. The Secretary of
Transportation may record upon any certificate issued for aircraft, aircraft
engines, or propellers, a numerical determination of all of the essential
factors relative to the performance of the aircraft, aircraft engine, or
propeller for which the certificate is issued.
(b) Production certificates
Upon application, and if it satisfactorily appears to the Secretary of
Transportation that duplicates of any aircraft, aircraft engine, propeller,
or appliance for which a type certificate has been issued will conform to
such certificate, the Secretary of Transportation shall issue a production
certificate authorizing the production of duplicates of such aircraft,
aircraft engines, propellers, or appliances. The Secretary of Transportation
shall make such inspection and may require such tests of any aircraft,
aircraft engine, propeller, or appliance manufactured under a production
certificate as may be necessary to assure manufacture of each unit in
conformity with the type certificate or any amendment or modification
thereof. The Secretary of Transportation may prescribe in any such production
certificate the duration thereof and such other terms, conditions, and
limitations as are required in the interest of safety.
(c) Airworthiness certificates
The registered owner of any aircraft may file with the Secretary of
Transportation an application for an airworthiness certificate for such
aircraft. If the Secretary of Transportation finds that the aircraft conforms
to the type certificate therefor, and, after inspection, that the aircraft is
in condition for safe operation, he shall issue an airworthiness certificate.
The Secretary of Transportation may prescribe in such certificate the
duration of such certificate, the type of service for which the aircraft may
be used, and such other terms, conditions, and limitations, as are required
in the interest of safety. Each such certificate shall be registered by the
Secretary of Transportation and shall set forth such information as the
Secretary of Transportation may deem advisable. The certificate number, or
such other individual designation as may be required by the Secretary of
Transportation, shall be displayed upon each aircraft in accordance with
regulations prescribed by the Secretary of Transportation.
(Pub. L. 85-726, title VI, Sec. 603, Aug. 23, 1958, 72 Stat. 776; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this subchapter to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Sec. 1424. Air carrier operating certificates; authorization to issue;
minimum safety standards; application; issuance
(a) The Secretary of Transportation is empowered to issue air carrier
operating certificates and to establish minimum safety standards for the
operation of the air carrier to whom any such certificate is issued.
(b) Any person desiring to operate as an air carrier may file with the
Secretary of Transportation an application for an air carrier operating
certificate. If the Secretary of Transportation finds, after investigation,
that such person is properly and adequately equipped and able to conduct a
safe operation in accordance with the requirements of this chapter and the
rules, regulations, and standards prescribed thereunder, he shall issue an
air carrier operating certificate to such person. Each air carrier operating
certificate shall prescribe such terms, conditions, and limitations as are
reasonably necessary to assure safety in air transportation, and shall
specify the points to and from which, and the Federal airways over which,
such person is authorized to operate as an air carrier under an air carrier
operating certificate.
(Pub. L. 85-726, title VI, Sec. 604, Aug. 23, 1958, 72 Stat. 778; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this subchapter to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Sec. 1425. Maintenance of equipment in air transportation; duty of carriers
and airmen; inspection of aircraft and equipment
(a) It shall be the duty of each air carrier to make, or cause to be made,
such inspection, maintenance, overhaul, and repair of all equipment used in
air transportation as may be required by this chapter, or the orders, rules,
and regulations of the Secretary of Transportation issued thereunder. And it
shall be the duty of every person engaged in operating, inspecting,
maintaining, or overhauling equipment to observe and comply with the
requirements of this chapter relating thereto, and the orders, rules, and
regulations issued thereunder.
(b) The Secretary of Transportation shall employ inspectors who shall be
charged with the duty (1) of making such inspections of aircraft, aircraft
engines, propellers, and appliances designed for use in air transportation,
during manufacture, and while used by an air carrier in air transportation,
as may be necessary to enable the Secretary of Transportation to determine
that such aircraft, aircraft engines, propellers, and appliances are in safe
condition and are properly maintained for operation in air transportation;
and (2) of advising and cooperating with each air carrier in the inspection
and maintenance thereof by the air carrier. Whenever any inspector shall, in
the performance of his duty, find that any aircraft, aircraft engine,
propeller, or appliance, used or intended to be used by any air carrier in
air transportation, is not in condition for safe operation, he shall so
notify the carrier, in such form and manner as the Secretary of
Transportation may prescribe; and, for a period of five days thereafter, such
aircraft, aircraft engine, propeller, or appliance shall not be used in air
transportation, or in such manner as to endanger air transportation, unless
found by the Secretary of Transportation or his inspector to be in condition
for safe operation.
(c) Modification of system
The Administrator is authorized and directed to make such modifications in
the system established under this chapter for processing forms for major
repairs or alterations of fuel tanks and fuel systems of aircraft as may
be necessary to make such system more effective in serving the needs of
users of such system, including officials responsible for enforcement of
laws relating to the regulation of controlled substances (as defined in
section 802 of title 21. Such modifications shall address, at a minimum,
each of the following deficiencies in and abuses of the existing system:
(1) The lack of a special identification feature to permit such forms
to be easily distinguished from other major repair and alteration forms.
(2) The excessive amount of time required for receiving such forms at
the Airmen and Aircraft Registry of the Federal Aviation Administration.
(3) The backlog of such forms which are awaiting processing at the
Airmen and Aircraft Registry.
(4) The lack of ready access by law enforcement officials to
information contained on such forms.
(Pub. L. 85-726, title VI, Sec. 605, Aug. 23, 1958, 72 Stat. 778; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 100-690, title VII,
Sec. 7206(a), Nov. 18, 1988, 102 Stat. 4426.)
Amendments
1988--Subsec. (c). Pub. L. 100-690, added subsec. (c).
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this subchapter to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Limitation on Applicability of Provisions of Pub. L. 100-690
Amendment by Pub. L. 100-690 only applicable to aircreaft which are not
used to provide air transportation, as defined in section 1301 of this
Appendix, see section 7214 of Pub. L. 100-690, set out as a note under
section 1303 of this Appendix.
Sec. 1426. Air navigation facility rating; issuance of certificate
The Secretary of Transportation is empowered to inspect, classify, and rate
any air navigation facility available for the use of civil aircraft, as to
its suitability for such use. The Secretary of Transportation is empowered to
issue a certificate for any such air navigation facility.
(Pub. L. 85-726, title VI, Sec. 606, Aug. 23, 1958, 72 Stat. 779; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this subchapter to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Sec. 1427. Air agency rating; issuance of certificate
The Secretary of Transportation is empowered to provide for the examination
and rating of (1) civilian schools giving instruction in flying or in the
repair, alteration, maintenance, and overhaul of aircraft, aircraft engines,
propellers, and appliances, as to the adequacy of the course of instruction,
the suitability and air worthiness of the equipment, and the competency of
the instructors; (2) repair stations or shops for the repair, alteration,
maintenance, and overhaul of aircraft, aircraft engines, propellers, or
appliances, as to the adequacy and suitability of the equipment, facilities,
and materials for, and methods of, repair, alteration, maintenance, and
overhaul of aircraft, aircraft engines, propellers, and appliances, and the
competency of those engaged in the work or giving any instruction therein;
and (3) such other air agencies as may, in his opinion, be necessary in the
interest of the public. The Secretary of Transportation is empowered to issue
certificates for such schools, repair stations, and other agencies.
(Pub. L. 85-726, title VI, Sec. 607, Aug. 23, 1958, 72 Stat. 779; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this subchapter to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Sec. 1428. Form of applications for certificates
Applications for certificates under this subchapter shall be in such form,
contain such information, and be filed and served in such manner as the
Secretary of Transportation may prescribe, and shall be under oath whenever
the Secretary of Transportation so requires.
(Pub. L. 85-726, title VI, Sec. 608, Aug. 23, 1958, 72 Stat. 779; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this subchapter to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Sec. 1429. Reinspection or reexamination; amendment, suspension, or
revocation of certification; controlled substances
(a) Procedure; notification; hearing; appeal to National Transportation
Safety Board; judicial review
The Secretary of Transportation may, from time to time, reinspect any civil
aircraft, aircraft engine, propeller, appliance, air navigation facility, or
air agency, or may reexamine any civil airman. If, as a result of any such
reinspection or reexamination, or if, as a result of any other investigation
made by the Secretary of Transportation, he determines that safety in air
commerce or air transportation and the public interest requires, the
Secretary of Transportation may issue an order amending, modifying,
suspending, or revoking, in whole or in part, any type certificate,
production certificate, airworthiness certificate, airman certificate, air
carrier operating certificate, air navigation facility certificate (including
airport operating certificate), or air agency certificate. Prior to amending,
modifying, suspending, or revoking any of the foregoing certificates, the
Secretary of Transportation shall advise the holder thereof as to any charges
or other reasons relied upon by the Secretary of Transportation for his
proposed action and, except in cases of emergency, shall provide the holder
of such a certificate an opportunity to answer any charges and be heard as to
why such certificate should not be amended, modified, suspended, or revoked.
Any person whose certificate is affected by such an order of the Secretary of
Transportation under this section may appeal the Secretary of
Transportation's order to the National Transportation Safety Board and the
National Transportation Safety Board may, after notice and hearing, amend,
modify, or reverse the Secretary of Transportation's order if it finds that
safety in air commerce or air transportation and the public interest do not
require affirmation of the Secretary of Transportation's order. In the
conduct of its hearings under this subsection, the Board shall not be bound
by any findings of fact of the Administrator but shall be bound by all
validly adopted interpretations of laws and regulations administered by the
Federal Aviation Administration and of written agency policy guidance
available to the public relating to sanctions to be imposed under this
subsection unless the Board finds that any such interpretation is arbitrary,
capricious, or otherwise not in accordance with law. The Board may,
consistent with this subsection, modify the type of sanction to be imposed
from suspension or revocation of a certificate to assessment of a civil
penalty. The filing of an appeal with the National Transportation Safety
Board shall stay the effectiveness of the Secretary of Transportation's
order unless the Secretary of Transportation advises the National
Transportation Safety Board that an emergency exists and safety in air
commerce or air transportation requires the immediate effectiveness of his
order, in which event the order shall remain effective and the National
Transportation Safety Board shall finally dispose of the appeal within sixty
days after being so advised by the Secretary of Transportation. A person
substantially affected by an order of the Board under this subsection, or
the Administrator in any case in which the Administrator determines that
such an order will have a significant adverse impact on the implementation
of this Act, may obtain judicial review of such order under the provisions
of section 1486 of this Appendix. The Administrator shall be a party to all
proceedings for judicial review under this subsection. In any such
proceeding, the findings of fact of the Board shall be conclusive if
supported by substantial evidence.
(b) Violation of certain laws
The Secretary of Transportation, in his discretion, may issue an order
amending, modifying, suspending, or revoking any airman certificate upon
conviction of the holder of such certificate of any violation of subsection
(a) of section 742j-1 of title 16, regarding the use or operation of an
aircraft.
(c) Transportation, distribution, and other activities relating to controlled
substances
(1) The Administrator shall issue an order revoking the airman certificates
of any person upon conviction of such person of a crime punishable by death
or imprisonment for a term exceeding one year under a State or Federal law
relating to a controlled substance (other than a law relating to simple
possession of a controlled substance), if the Administrator determines that
(A) an aircraft was used in the commission of the offense or to facilitate
the commission of the offense, and (B) such person served as an airman, or
was on board such aircraft, in connection with the commission of the offense
or the facilitation of the commission of the offense. The Administrator shall
have no authority under this paragraph to review the issue of whether an
airman violated a State or Federal law relating to a controlled substance.
(2) The Administrator shall issue an order revoking the airman certificates
of any person if the Administrator determines that (A) such person knowingly
engaged in an activity that is punishable by death or imprisonment for a term
exceeding one year under a State or Federal law relating to a controlled
substance (other than any law relating to simple possession of a controlled
substance), (B) an aircraft was used to carry out such activity or to
facilitate such activity, and (C) such person served as an airman, or was on
board such aircraft, in connection with such activity or the facilitation of
such activity. The Administrator shall not revoke, and the National
Transportation Safety Board on appeal under paragraph (3) shall not affirm
the revocation of, a certificate under this paragraph on the basis of any
activity if the holder of the certificate is acquitted of all charges
contained in an indictment or information which relate to controlled
substances and which arise from such activity.
(3) Prior to revoking an airman certificate under this subsection, the
Administrator shall advise the holder thereof of the charges or any reasons
relied upon by the Administrator for his proposed action and shall provide
the holder of such certificate an opportunity to answer any charges and be
heard as to why such certificate should not be revoked. Any person whose
certificate is revoked by the Administrator under this subsection may appeal
the Administrator's order to the National Transportation Safety Board and the
Board shall, after notice and a hearing on the record, affirm or reverse the
Administrator's order. In the conduct of its hearings under this paragraph,
the Board shall not be bound by any findings of fact of the Administrator
but shall be bound by all validly adopted interpretations of laws and
regulations administered by the Federal Aviation Administration and of
written agency policy guidance available to the public relating to sanctions
to be imposed under this subsection unless the Board finds that any such
interpretation is arbitrary, capricious, or otherwise not in accordance with
law. The filing of an appeal with the National Transportation Safety Board
shall stay the effectiveness of the Administrator's order unless the
Administrator advises the Board that safety in air commerce or air
transportation requires the immediate effectiveness of his order, in which
event the order shall remain effective and the Board shall finally dispose
of the appeal within sixty days after being so advised by the Administrator.
A person substantially affected by an order of the Board under this
paragraph, or the Administrator in any case in which the Administrator
determines that such an order will have a significant adverse impact on
the implementation of this Act, may obtain judicial review of such order
under the provisions of section 1486 of this Appendix. The Administrator
shall be a party to all proceedings for judicial review under this paragraph.
In any such proceeding, the findings of fact of the Board shall be
conclusive if supported by substantial evidence.
(4) For purposes of this subsection, the term "controlled substance" has
the meaning given such term by section 802(6) of title 21.
(5) Waiver of revocation requirement
Upon request of a Federal or State law enforcement official, the
Administrator may waive the requirements of paragraphs (1) and (2) that
an airman certificate of any person be revoked if the Administrator
determines that such waiver will facilitate law enforcement efforts.
(Pub. L. 85-726, title VI, Sec. 609, Aug. 23, 1958, 72 Stat. 779; Pub. L. 89-
670, Sec. 6(c)(1), (d), Oct. 15, 1966, 80 Stat. 937; Pub. L. 92-159, Sec.
2(a), Nov. 18, 1971, 85 Stat. 481; Pub. L. 92-174, Sec. 6, Nov. 27, 1971, 85
Stat. 492; Pub. L. 98-499, Sec. 2(a), Oct. 19, 1984, 98 Stat. 2312; Pub. L.
100-690, title VII, Sec. 7204(b), Nov. 18, 1988, 102 Stat. 4425; Pub. L.
102-345, Sec. 3, Aug. 26, 1992, 106 Stat. 925.)
References in Text
This Act, referred to in subsecs. (a) and (c)(3), is the Federal Aviation
Act of 1958, Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which
is classified generally to chapter 20 (Sec. 1301 et seq.) of this Appendix.
For complete classification of this Act to the Code, see Short Title note
set out under section 1301 of this Appendix and Tables.
Amendments
1992--Subsec. (a). Pub. L. 102-345, Sec. 3(a)(1), struck out the fifth
sentence and inserting the following: "In the conduct of its hearings under
this subsection, the Board shall not be bound by any findings of fact of the
Administrator but shall be bound by all validly adopted interpretations of
laws and regulations administered by the Federal Aviation Administration and
of written agency policy guidance available to the public relating to
sanctions to be imposed under this subsection unless the Board finds that
any such interpretation is arbitrary, capricious, or otherwise not in
accordance with law. The Board may, consistent with this subsection, modify
the type of sanction to be imposed from suspension or revocation of a
certificate to assessment of a civil penalty." Prior to amendment, fifth
sentence read as follows: "In the conduct of its hearings the National
Transportation Safety Board shall not be bound by findings of fact of the
Secretary of Transportation.".
Pub. L. 102-345, Sec. 3(a)(2), struck out the last sentence and inserted
the following: "A person substantially affected by an order of the Board
under this subsection, or the Administrator in any case in which the
Administrator determines that such an order will have a significant adverse
impact on the implementation of this Act, may obtain judicial review of
such order under the provisions of section 1486 of this Appendix. The
Administrator shall be a party to all proceedings for judicial review under
this subsection. In any such proceeding, the findings of fact of the Board
shall be conclusive if supported by substantial evidence.". Prior to
amendment, last sentence read as follows: "The person substantially affected
by the National Transportation Safety Board's order may obtain judicial
review of said order under the provisions of section 1486 of this Appendix,
and the Secretary of Transportation shall be made a party to such
proceedings.".
Subsec. (c)(3). Pub. L. 102-345, Sec. 3(b)(1), struck out third sentence
and inserted the following: "In the conduct of its hearings under this
paragraph, the Board shall not be bound by any findings of fact of the
Administrator but shall be bound by all validly adopted interpretations of
laws and regulations administered by the Federal Aviation Administration and
of written agency policy guidance available to the public relating to
sanctions to be imposed under this subsection unless the Board finds that
any such interpretation is arbitrary, capricious, or otherwise not in
accordance with law.". Prior to amendment, third sentence read as follows:
"In the conduct of its hearings, the National Transportation Safety Board
shall not be bound by findings of fact of the Administrator.".
Pub. L. 102-345, Sec. 3(b)(2), struck out last sentence and inserted the
following: "A person substantially affected by an order of the Board under
this paragraph, or the Administrator in any case in which the Administrator
determines that such an order will have a significant adverse impact on
the implementation of this Act, may obtain judicial review of such order
under the provisions of section 1486 of this Appendix. The Administrator
shall be a party to all proceedings for judicial review under this paragraph.
In any such proceeding, the findings of fact of the Board shall be
conclusive if supported by substantial evidence.". Prior to amendment, last
sentence read as follows: "The person substantially affected by the National
Transportation Safety Board's order may obtain judicial review of such order
under the provisions of section 1486 of this Appendix, and the Administrator
shall be made a party to such proceedings.".
1988--Subsec. (c)(5). Pub. L. 100-690 added par. (5).
1984--Subsec. (c). Pub. L. 98-449 added subsec. (c).
1971--Subsec. (a). Pub. L. 92-174 inserted "(including airport operating
certificate)" immediately after "air navigation facility certificate".
Pub. L. 92-159 designated existing provisions as subsec. (a) and added
subsec. (b).
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-499 applicable with respect to acts and violations
occurring after Oct. 19, 1984, see section 7 of Pub. L. 98-499, set out as a
note under section 1401 of this Appendix.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this subchapter to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
The functions, powers, and duties of the Civil Aeronautics Board, relating
to review of an order amending, modifying, suspending, or revoking in whole
or in part any type certificate, production certificate, airworthiness
certificate, airman certificate, air carrier operating certificate, air
navigation facility certificate, or air agency certificate and a hearing and
determination under this section were transferred to the Secretary of
Transportation by section 6(d) of Pub. L. 89-670, [section 1655(d) of this
Appendix] and subsequently transferred by section 5(b)(2) and said section
6(d) of Pub. L. 89-670 [former section 1654(b)(2) and section 1655(d) of this
Appendix] to the National Transportation Safety Board within the Department
of Transportation. Former section 1654 of this Appendix was repealed by Pub.
L. 93-633, title III, Sec. 308(1), Jan. 3, 1975, 88 Stat. 2173. Pub. L. 93-
633, title III, Secs. 303, 304, enacted sections 1902 and 1903 of this
Appendix which established the National Transportation Safety Board as an
independent Agency of the United States on or after Apr. 1, 1975, and
directed the Board to review on appeal the suspension, amendment,
modification, revocation, or denial of any operating certificate or license
issued by the Secretary of Transportation under sections 1422, 1429, or
1431(e) of this Appendix. Accordingly, "National Transportation Safety Board"
was substituted for "Board" in subsec. (a).
Limitation on Applicability of Provisions of Pub. L. 100-690
Amendment by Pub. L. 100-690 only applicable to aircreaft which are not
used to provide air transportation, as defined in section 1301 of this
Appendix, see section 7214 of Pub. L. 100-690, set out as a note under
section 1303 of this Appendix.
Sec. 1430. Violations; exemption of foreign aircraft and airmen
(a) It shall be unlawful--
(1) For any person to operate in air commerce any civil aircraft for
which there is not currently in effect an airworthiness certificate, or in
violation of the terms of any such certificate;
(2) For any person to serve in any capacity as an airman in connection
with any civil aircraft, aircraft engine, propeller or appliance used or
intended for use, in air commerce without an airman certificate authorizing
him to serve in such capacity, or in violation of any term, condition, or
limitation thereof, or in violation of any order, rule, or regulation
issued under this subchapter;
(3) For any person to employ for service in connection with any civil
aircraft used in air commerce an airman who does not have an airman
certificate authorizing him to serve in the capacity for which he is
employed;
(4) For any person to operate as an air carrier without an air carrier
operating certificate, or in violation of the terms of any such
certificate;
(5) For any person to operate aircraft in air commerce in violation of
any other rule, regulation, or certificate of the Secretary of
Transportation under this subchapter; and
(6) For any person to operate a seaplane or other aircraft of United
States registry upon the high seas in contravention of the regulations
proclaimed by the President pursuant to section 143 of title 33;
(7) For any person holding an air agency or production certificate, to
violate any term, condition, or limitation thereof, or to violate any
order, rule, or regulation under this subchapter relating to the holder of
such certificate;
(8) For any person to operate an airport without an airport operating
certificate required by the Administrator pursuant to section 1432 of this
Appendix, or in violation of the terms of any such certificate; and
(9) For any person to manufacture, deliver, sell, or offer for sale, any
aviation fuel or fuel additive in violation of any regulation prescribed
under section 1421(e) of this Appendix.
(b) Foreign aircraft and airmen serving in connection therewith may, except
with respect to the observance by such airmen of the air traffic rules, be
exempted from the provisions of subsection (a) of this section, to the
extent, and upon such terms and conditions, as may be prescribed by the
Secretary of Transportation as being in the interest of the public.
(Pub. L. 85-726, title VI, Sec. 610, Aug. 23, 1958, 72 Stat. 780; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 91-258, title I, Sec.
51(b)(3), May 21, 1970, 84 Stat. 235; Pub. L. 91-604, Sec. 11(b)(2), Dec. 31,
1970, 84 Stat. 1705; Pub. L. 95-163, Sec. 15(b)(2), Nov. 9, 1977, 91 Stat.
1283; Pub. L. 97-248, title V, Sec. 525(d), Sept. 3, 1982, 96 Stat. 697.)
References in Text
Section 143 of title 33, referred to in subsec. (a)(6), was repealed by
Pub. L. 88-131, Sec. 3, Sept. 24, 1963, 77 Stat. 194. See section 1602 of
Title 33, Navigation and Navigable Waters.
Amendments
1982--Subsec. (a)(8). Pub. L. 97-248 struck out "serving air carriers
certificated by the Civil Aeronautics Board" following "operate an airport"
and inserted "required by the Administrator pursuant to section 1432 of this
Appendix" following "operating certificate".
1977--Subsec. (a)(9). Pub. L. 95-163 substituted "section 1421(e)" for
"section 1421(d)".
1970--Subsec. (a)(9). Pub. L. 91-604 added par. (9).
Subsec. (a)(8). Pub. L. 91-258 added par. (8).
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of
Pub. L. 97-248, set out as an Effective Date note under section 2201 of this
Appendix.
Effective Date of 1970 Amendment
Section 51(b)(4) of Pub. L. 91-258, as amended by Pub. L. 92-174, Sec.
5(a), Nov. 27, 1971, 85 Stat. 492, provided that: "The amendments made by
paragraph (3) of this subsection [enacting subsec. (a)(8) of this section]
shall take effect upon the expiration of the three-year period beginning on
the date of their enactment [May 21, 1970]."
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsecs. (a)(5) and (b), "Secretary of Transportation" was substituted
for "Administrator" (meaning Federal Aviation Administrator) on authority of
section 6(c)(1) of Pub. L. 89-670, in view of the transfer of all functions,
powers, and duties of the Federal Aviation Agency and of the Administrator
and other offices and officers thereof to the Secretary of Transportation,
with the functions, powers, and duties of the Secretary of Transportation
pertaining to aviation safety under this subchapter to be exercised by the
Federal Aviation Administrator in the Department of Transportation. See
section 106 of Title 49, Transportation.
Sec. 1431. Control and abatement of aircraft noise and sonic boom
(a) "FAA" and "EPA" defined
For purposes of this section:
(1) The term "FAA" means Administrator of the Federal Aviation
Administration.
(2) The term "EPA" means the Administrator of the Environmental
Protection Agency.
(b) Consultations; standards; rules and regulations; aircraft certificates
(1) In order to afford present and future relief and protection to the
public health and welfare from aircraft noise and sonic boom, the FAA, after
consultation with the Secretary of Transportation and with EPA, shall
prescribe and amend standards for the measurement of aircraft noise and sonic
boom and shall prescribe and amend such regulations as the FAA may find
necessary to provide for the control and abatement of aircraft noise and
sonic boom, including the application of such standards and regulations in
the issuance, amendment, modification, suspension, or revocation of any
certificate authorized by this subchapter. No exemption with respect to any
standard or regulation under this section may be granted under any provision
of this chapter unless the FAA shall have consulted with EPA before such
exemption is granted, except that if the FAA determines that safety in air
commerce or air transportation requires that such an exemption be granted
before EPA can be consulted, the FAA shall consult with EPA as soon as
practicable after the exemption is granted.
(2) The FAA shall not issue an original type certificate under section
1423(a) of this Appendix for any aircraft for which substantial noise
abatement can be achieved by prescribing standards and regulations in
accordance with this section, unless he shall have prescribed standards and
regulations in accordance with this section which apply to such aircraft and
which protect the public from aircraft noise and sonic boom, consistent with
the considerations listed in subsection (d) of this section.
(c) Submission of proposed regulations to FAA by EPA; publication; hearing;
review of prescribed regulations; report and supplemental report
(1) Not earlier than the date of submission of the report required by
section 4906 of title 42, EPA shall submit to the FAA proposed regulations to
provide such control and abatement of aircraft noise and sonic boom
(including control and abatement through the exercise of any of the FAA's
regulatory authority over air commerce or transportation or over aircraft or
airport operations) as EPA determines is necessary to protect the public
health and welfare. The FAA shall consider such proposed regulations
submitted by EPA under this paragraph and shall, within thirty days of the
date of its submission to the FAA, publish the proposed regulations in a
notice of proposed rulemaking. Within sixty days after such publication, the
FAA shall commence a hearing at which interested persons shall be afforded an
opportunity for oral (as well as written) presentations of data, views, and
arguments. Within ninety days after the conclusion of such hearing and after
consultation with EPA, the FAA shall--
(A) in accordance with subsection (b) of this section, prescribe
regulations (i) substantially as they were submitted by EPA, or (ii) which
are a modification of the proposed regulations submitted by EPA, or
(B) publish in the Federal Register a notice that it is not prescribing
any regulation in response to EPA's submission of proposed regulations,
together with a detailed explanation providing reasons for the decision not
to prescribe such regulations and a detailed analysis of and response to
all documentation or other information submitted by the Environmental
Protection Agency with such proposed regulations.
(2) If EPA has reason to believe that the FAA's action with respect to a
regulation proposed by EPA under paragraph (1)(A)(ii) or (1)(B) of this
subsection does not protect the public health and welfare from aircraft noise
or sonic boom, consistent with the considerations listed in subsection (d) of
this section, EPA shall consult with the FAA and may request the FAA to
review, and report to EPA on, the advisability of prescribing the regulation
originally proposed by EPA. Any such request shall be published in the
Federal Register and shall include a detailed statement of the information on
which it is based. The FAA shall complete the review requested and shall
report to EPA within such time as EPA specifies in the request, but such time
specified may not be less than ninety days from the date the request was
made. The FAA's report shall be accompanied by a detailed statement of the
FAA's findings and the reasons for the FAA's conclusions; shall identify any
statement filed pursuant to section 4332(2)(C) of title 42 with respect to
such action of the FAA under paragraph (1) of this subsection; and shall
specify whether (and where) such statements are available for public
inspection. The FAA's report shall be published in the Federal Register,
except in a case in which EPA's request proposed specific action to be taken
by the FAA, and the FAA's report indicates such action will be taken.
(3) If, in the case of a matter described in paragraph (2) of this
subsection with respect to which no statement is required to be filed under
such section 4332(2)(C) of title 42, the report of the FAA indicates that the
proposed regulation originally submitted by EPA should not be made, then EPA
may request the FAA to file a supplemental report, which shall be published
in the Federal Register within such a period as EPA may specify (but such
time specified shall not be less than ninety days from the date the request
was made), and which shall contain a comparison of (A) the environmental
effects (including those which cannot be avoided) of the action actually
taken by the FAA in response to EPA's proposed regulations, and (B) EPA's
proposed regulations.
(d) Considerations determinative of standards, rules, and regulations
In prescribing and amending standards and regulations under this section,
the FAA shall--
(1) consider relevant available data relating to aircraft noise and sonic
boom, including the results of research, development, testing, and
evaluation activities conducted pursuant to this chapter and the Department
of Transportation Act;
(2) consult with such Federal, State, and interstate agencies as he deems
appropriate;
(3) consider whether any proposed standard or regulation is consistent
with the highest degree of safety in air commerce or air transportation in
the public interest;
(4) consider whether any proposed standard or regulation is economically
reasonable, technologically practicable, and appropriate for the particular
type of aircraft, aircraft engine, appliance, or certificate to which it
will apply; and
(5) consider the extent to which such standard or regulation will
contribute to carrying out the purposes of this section.
(e) Amendment, modification, suspension, or revocation of certificate; notice
and appeal rights
In any action to amend, modify, suspend, or revoke a certificate in which
violation of aircraft noise or sonic boom standards or regulations is at
issue, the certificate holder shall have the same notice and appeal rights as
are contained in section 1429 of this Appendix, and in any appeal to the
National Transportation Safety Board, the Board may amend, modify, or reverse
the order of the FAA if it finds that control or abatement of aircraft noise
or sonic boom and the public health and welfare do not require the
affirmation of such order, or that such order is not consistent with safety
in air commerce or air transportation.
(Pub. L. 85-726, title IV, Sec. 611, as added Pub. L. 90-411, Sec. 1, July
21, 1968, 82 Stat. 395, and amended Pub. L. 92-574, Sec. 7(b), Oct. 27, 1972,
86 Stat. 1239; Pub. L. 95-609, Sec. 3, Nov. 8, 1978, 92 Stat. 3080.)
References in Text
This chapter, referred to in subsec. (d)(1), was in the original "this
Act", meaning Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known
as the Federal Aviation Act of 1958. For complete classification of this Act
to the Code, see Short Title note set out under section 1301 of this Appendix
and Tables.
The Department of Transportation Act, referred to in subsec. (d)(1), is
Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as amended, which was classified
principally to chapter 23 (Sec. 1651 et seq.) of this Appendix. The Act was
substantially repealed and the provisions thereof reenacted in subtitle I
(Sec. 101 et seq.) of Title 49, Transportation, by Pub. L. 97-449, Jan. 12,
1983, 96 Stat. 2413.
Amendments
1978--Subsec. (c)(1). Pub. L. 95-609 substituted in text preceding subpar.
(A) "ninety days" for "a reasonable time" and in subpar. (B) added provision
relating to the publication of a detailed analysis of information submitted.
1972--Subsec. (a). Pub. L. 92-574 added subsec. (a). Former subsec. (a)
redesignated (b)(1).
Subsec. (b). Pub. L. 92-574 redesignated former subsec. (a) as subsec.
(b)(1), in subsec. (b)(1) as so redesignated added requirement that the
Administrator of the Federal Aviation Administration consult with the
Administrator of the Environmental Protection Agency before prescribing and
amending standards and added provisions for consultation in connection with
the grant of exemptions with respect to standards and regulations under this
section, and added subsec. (b)(2). Former subsec. (b) redesignated (d).
Subsecs. (c) to (e). Pub. L. 92-574 added subsec. (c) and redesignated
former subsecs. (b) and (c) as (d) and (e), respectively.
Savings Provisions
Section 7(c) of Pub. L. 92-574 provided that: "All--
"(1) standards, rules, and regulations prescribed under section 611 of
the Federal Aviation Act of 1958 [this section], and
"(2) exemptions, granted under any provision of the Federal Aviation Act
of 1958 [this chapter], with respect to such standards, rules, and
regulations,
which are in effect on the date of the enactment of this Act [Oct. 27, 1972],
shall continue in effect according to their terms until modified, terminated,
superseded, set aside, or repealed by the Administrator of the Federal
Aviation Administration in the exercise of any authority vested in him, by a
court of competent jurisdiction, or by operation of law."
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
National Transportation Safety Board
The National Transportation Safety Board originally established within the
Department of Transportation was constituted an independent agency of the
United States on and after April 1, 1975, see section 1902 of this Appendix.
Joint Study of Aircraft Noise Effects
Section 8 of Pub. L. 95-609 provided for a study by the Secretary of
Transportation and Administrator of the Environmental Protection Agency of
aircraft noise effects from an airport on communities located in a State
other than the State in which the airport is located, and required the study
to be submitted to Congress within nine months of conclusion, but no later
than 24 months after Nov. 8, 1978.
Sec. 1432. Airport operating certificates
(a) Power to issue
The Administrator is empowered to issue airport operating certificates to,
and establish minimum safety standards for the operation of, airports that
serve any scheduled or unscheduled passenger operation of air carrier
aircraft designed for more than 30 passenger seats.
(b) Issuance; terms and conditions
Any person desiring to operate an airport which is described in subsection
(a) of this section and which is required by the Administrator, by rule, to
be certificated may file with the Administrator an application for an airport
operating certificate. If the Administrator finds, after investigation, that
such person is properly and adequately equipped and able to conduct a safe
operation in accordance with the requirements of this chapter and the rules,
regulations, and standards prescribed thereunder, he shall issue an airport
operating certificate to such person. Each airport operating certificate
shall prescribe such terms, conditions, and limitations as are reasonably
necessary to assure safety in air transportation. Unless the Administrator
determines that it would be contrary to the public interest, such terms,
conditions, and limitations shall include but not be limited to terms,
conditions, and limitations relating to (1) the operation and maintenance of
adequate safety equipment, including firefighting and rescue equipment
capable of rapid access to any portion of the airport used for the landing,
takeoff, or surface maneuvering of aircraft and (2) such grooving or other
friction treatment for primary and secondary runways as the Secretary
determines to be necessary.
(c) Exemption from requirements relating to firefighting and rescue equipment
The Administrator may exempt any operator of an airport described in
subsection (a)(1) of this section enplaning annually less than one-quarter of
1 percent of the total number of passengers enplaned at all airports
described in subsection (a)(1) of this section from the requirements imposed
by subsection (b) of this section relating to firefighting and rescue
equipment if he finds that such requirements are, or would be, unreasonably
costly, burdensome, or impractical.
(d) Airport construction guidelines
The Administrator, in consultation with airport authorities, air
carriers, and such others as the Administrator considers appropriate, shall
develop guidelines for airport design and construction to allow for maximum
security enhancement.
(Pub. L. 85-726, title VI, Sec. 612, as added Pub. L. 91-258, title I, Sec.
51(b)(1), May 21, 1970, 84 Stat. 234, and amended Pub. L. 92-174, Sec. 5(b),
Nov. 27, 1971, 85 Stat. 492; Pub. L. 94-353, title I, Sec. 19(a), July 12,
1976, 90 Stat. 883; Pub. L. 97-248, title V, Secs. 524(f), 525(a)-(c), Sept.
3, 1982, 96 Stat. 697; Pub. L. 101-604, title I, Sec. 110(a), Nov. 16, 1990,
104 Stat. 3080.)
Amendments
1990--Subsec. (d). Pub. L. 101-604 added subsec. (d).
1982--Subsec. (a). Pub. L. 97-248, Sec. 525(a), substituted provision
authorizing the Administrator to issue airport operating certificates to, and
establish minimum safety standards for the operation of, airports that serve
any scheduled or unscheduled passenger operation of air carrier aircraft
designed for more than 30 passenger seats for provision authorizing the
Administrator to issue airport operating certificates to airports serving air
carriers certificated by the Civil Aeronautics Board and to establish minimum
safety standards for operation of such airports.
Subsec. (b). Pub. L. 97-248, Secs. 524(f), 525(b), substituted "which is
described in subsection (a) of this section and which is required by the
Administrator, by rule, to be certificated" for "serving air carriers
certificated by the Civil Aeronautics Board" and "relating to (1) the" for
"relating to the", and added cl. (2).
Subsec. (c). Pub. L. 97-248, Sec. 525(c), substituted "airport described in
subsection (a)(1) of this section enplaning annually less than one-quarter of
1 percent of the total number of passengers enplaned at all airports
described in subsection (a)(1) of this section" for "air carrier airport
enplaning annually less than one-quarter of 1 percent of the total number of
passengers enplaned at all air carriers airports".
1976--Subsec. (c). Pub. L. 94-353 added subsec. (c).
1971--Subsec. (b). Pub. L. 92-174 struck out requirement that airport
operating certificates prescribe the terms, conditions, and limitations
relating to the installation, operation, and maintenance of adequate air
navigation facilities and removed the requirement that each airport operating
certificate prescribe terms, conditions, and limitations relating to the
operation and maintenance of adequate safety equipment in cases where the
Administrator determines that it would be contrary to the public interest to
so require such terms, conditions, and limitations.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of
Pub. L. 97-248, set out as an Effective Date note under section 2201 of this
Appendix.
Sec. 1433. Safety regulation.
(a) National disaster areas
Before the 180th day following November 5, 1990, the Administrator, for
safety and humanitarian reasons, shall issue such regulations as may be
necessary to prohibit or otherwise restrict aircraft overflights of any
inhabited area which has been declared a national disaster area in the State
of Hawaii.
(b) Exceptions
Regulations issued pursuant to subsection (a) of this section shall not
be applicable in the case of aircraft overflights involving an emergency or a
ligitimate/1/ scientific purpose.
NOTE /1/ So in original. Probably should be "legitimate".
(c) Status of studies
Not later than the 90th day following November 5, 1990, the Administrator
shall report to Congress on the status of the studies and reports required
by the Act entitled "An Act to require the Secretary of the Interior to
conduct a study to determine the appropriate minimum altitude for aircraft
flying over national airport system units", approved August 18, 1987 (101
Stat. 674-678; 16 U.S.C. 1a-1 note).
(Pub. L. 85-726, title VI, Sec. 613, as added Pub. L. 101-508, title IX, Sec.
9124, Nov. 5, 1990, 104 Stat. 1388-370.)
Sec. 1434. Alcohol and controlled substances testing
(a) Testing program
(1) Program for employees of carriers
The Administrator shall, in the interest of aviation safety, prescribe
regulations within 12 months after the date of enactment of this section
[Oct. 28, 1991]. Such regulations shall establish a program which requires
air carriers and foreign air carriers to conduct preemployment, reasonable
suspicion, random, and post-accident testing of airmen, crewmembers,
airport security screening contract personnel, and other air carrier
employees responsible for safety- sensitive functions (as determined by
the Administrator) for use, in violation of law or Federal regulation, of
alcohol or a controlled substance. The Administrator may also prescribe
regulations, as the Administrator considers appropriate in the interest of
safety, for the conduct of periodic recurring testing of such employees
for such use in violation of law or Federal regulation.
(2) Program for FAA employees
The Administrator shall establish a program applicable to employees of
the Federal Aviation Administration whose duties include responsibility
for safety-sensitive functions. Such program shall provide for
preemployment, reasonable suspicion, random, and post-accident testing
for use, in violation of law or Federal regulation, of alcohol or a
controlled substance. The Administrator may also prescribe regulations,
as the Administrator considers appropriate in the interest of safety,
for the conduct of periodic recurring testing of such employees for such
use in violation of law or Federal regulation.
In prescribing regulations under the programs required by this
subsection, the Administrator shall require, as the Administrator
considers appropriate, the suspension or revocation of any certificate
issued to such an individual, or the disqualification or dismissal of
any such individual, in accordance with the provisions of this section,
in any instance where a test conducted and confirmed under this section
indicates that such individual has used, in violation of law or Federal
regulation, alcohol or a controlled substance.
(b) Prohibition on service
(1) Prohibited act
It is unlawful for a person to use, in violation of law or Federal
regulation, alcohol or a controlled substance after the date of
enactment of this section and serve as an airman, crewmember, airport
security screening contract personnel, air carrier employee responsible
for safety-sensitive functions (as determined by the Administrator), or
employee of the Federal Aviation Administration with responsibility for
safety-sensitive functions.
(2) Effect of rehabilitation
No individual who is determined to have used, in violation of law or
Federal regulation, alcohol or a controlled substance after the date of
enactment of this section shall serve as an airman, crewmember, airport
security screening contract personnel, air carrier employee responsible
for safety-sensitive functions (as determined by the Administrator), or
employee of the Federal Aviation Administration with responsibility for
safety-sensitive functions unless such individual has completed a
program of rehabilitation described in subsection (c) of this section.
(3) Performance of prior duties prohibited
Any such individual determined by the Administrator to have used, in
violation of law or Federal regulation, alcohol or a controlled substance
after the date of enactment of this section [Oct. 28, 1991] who--
(A) engaged in such use while on duty;
(B) prior to such use had undertaken or completed a
rehabilitation program described in subsection (c) of this section;
(C) following such determination refuses to undertake such a
rehabilitation program; or
(D) following such determination fails to complete such a
rehabilitation program,
shall not be permitted to perform the duties relating to air
transportation which such individual performed prior to the date of such
determination.
(c) Program for rehabilitation
(1) Program for employees of carriers
The Administrator shall prescribe regulations setting forth requirements
for rehabilitation programs which at a minimum provide for the
identification and opportunity for treatment of employees referred to in
subsection (a)(1) of this section in need of assistance in resolving
problems with the use, in violation of law or Federal regulation, of
alcohol or controlled substances. Each air carrier and foreign air carrier
is encouraged to make such a program available to all of its employees in
addition to those employees referred to in subsection (a)(1) of this
section. The Administrator shall determine the circumstances under which
such employees shall be required to participate in such a program. Nothing
in this subsection shall preclude any air carrier or foreign air carrier
from establishing a program under this subsection in cooperation with any
other air carrier or foreign air carrier.
(2) Program for FAA employees
The Administrator shall establish and maintain a rehabilitation program
which at a minimum provides for the identification and opportunity for
treatment of those employees of the Federal Aviation Administration whose
duties include responsibility for safety-sensitive functions who are in
need of assistance in resolving problems with the use of alcohol or
controlled substances.
(d) Procedures for testing
In establishing the program required under subsection (a) of this section,
the Administrator shall develop requirements which shall--
(1) promote, to the maximum extent practicable, individual privacy in
the collection of specimen samples;
(2) with respect to laboratories and testing procedures for controlled
substances, incorporate the Department of Health and Human Services
scientific and technical guidelines dated April 11, 1988, and any
subsequent amendments thereto, including mandatory guidelines which--
(A) establish comprehensive standards for all aspects of laboratory
controlled substances testing and laboratory procedures to be applied in
carrying out this section, including standards which require the use of
the best available technology for ensuring the full reliability and
accuracy of controlled substances tests and strict procedures governing
the chain of custody of specimen samples collected for controlled
substances testing;
(B) establish the minimum list of controlled substances for which
individuals may be tested; and
(C) establish appropriate standards and procedures for periodic
review of laboratories and criteria for certification and revocation
of certification of laboratories to perform controlled substances
testing in carrying out this section;
(3) require that all laboratories involved in the controlled
substances testing of any individual under this section shall have the
capability and facility, at such laboratory, of performing screening and
confirmation tests;
(4) provide that all tests which indicate the use, in violation of law
or Federal regulation, of alcohol or a controlled substance by any
individual shall be confirmed by a scientifically recognized method of
testing capable of providing quantitative data regarding alcohol or a
controlled substance;
(5) provide that each specimen sample be subdivided, secured, and
labelled in the presence of the tested individual and that a portion
thereof be retained in a secure manner to prevent the possibility of
tampering, so that in the event the individual's confirmation test
results are positive the individual has an opportunity to have the
retained portion assayed by a confirmation test done independently at a
second certified laboratory if the individual requests the independent
test within 3 days after being advised of the results of the confirmation
test;
(6) ensure appropriate safeguards for testing to detect and quantify
alcohol in breath and body fluid samples, including urine and blood,
through the development of regulations as may be necessary and in
consultation with the Department of Health and Human Services;
(7) provide for the confidentiality of test results and medical
information (other than information relating to alcohol or a controlled
substance) of employees, except that the provisions of this paragraph
shall not preclude the use of test results for the orderly imposition of
appropriate sanctions under this section; and
(8) ensure that employees are selected for tests by nondiscriminatory
and impartial methods, so that no employee is harassed by being treated
differently from other employees in similar circumstances.
(e) Effect on other laws and regulations
(1) State and local law and regulations
No State or local government shall adopt or have in effect any law,
rule, regulation, ordinance, standard, or order that is inconsistent
with the regulations promulgated under this section, except that the
regulations promulgated under this section shall not be construed to
preempt provisions of State criminal law which impose sanctions for
reckless conduct leading to actual loss of life, injury, or damage to
property, whether the provisions apply specifically to employees of an
air carrier or foreign air carrier, or to the general public.
(2) Other regulations issued by Administrator
Nothing in this section shall be construed to restrict the discretion
of the Administrator to continue in force, amend, or further supplement
any regulations issued before the date of enactment of this section that
govern the use of alcohol and controlled substances by airmen,
crewmembers, airport security screening contract personnel, air carrier
employees responsible for safety-sensitive functions (as determined by
the Administrator), or employees of the Federal Aviation Administration
with responsibility for safety-sensitive functions.
(3) International obligations
In prescribing regulations under this section, the Administrator shall
only establish requirements applicable to foreign air carriers that are
consistent with the international obligations of the United States, and
the Administrator shall take into consideration any applicable laws and
regulations of foreign countries. The Secretary of State and the
Secretary of Transportation, jointly, shall call on the member countries
of the International Civil Aviation Organization to strengthen and
enforce existing standards to prohibit the use, in violation of law or
Federal regulation, of alcohol or a controlled substance by crew members
in international civil aviation.
(f) Definition
For the purposes of this section, the term "controlled substance" means any
substance under section 102(6) of the Controlled Substances Act (21 U.S.C.
802(6)) specified by the Administrator.
(Pub. L. 85-726, title VI, Sec. 614, as added Pub. L. 102-143, title V, Sec.
500 [Sec. 3(a)], Oct. 28, 1991, 105 Stat. 953.)
Congressional Findings on Alcohol Abuse and Illegal Drug Use
Section 500 [Sec. 2] of Pub. L. 102-143 provided that: "The Congress
finds that--
"(1) alcohol abuse and illegal drug use pose significant dangers to the
safety and welfare of the Nation;
"(2) millions of the Nation's citizens utilize transportation by
aircraft, railroads, trucks, and buses, and depend on the operators of
aircraft, trains, trucks, and buses to perform in a safe and responsible
manner;
"(3) the greatest efforts must be expended to eliminate the abuse of
alcohol and use of illegal drugs, whether on duty or off duty, by those
individuals who are involved in the operation of aircraft, trains,
trucks, and buses;
"(4) the use of alcohol and illegal drugs has been demonstrated to
affect significantly the performance of individuals, and has been proven
to have been a critical factor in transportation accidents;
"(5) the testing of uniformed personnel of the Armed Forces has shown
that the most effective deterrent to abuse of alcohol and use of illegal
drugs is increased testing, including random testing;
"(6) adequate safeguards can be implemented to ensure that testing for
abuse of alcohol or use of illegal drugs is performed in a manner which
protects an individual's right of privacy, ensures that no individual is
harassed by being treated differently from other individuals, and ensures
that no individual's reputation or career development is unduly
threatened or harmed; and
"(7) rehabilitation is a critical component of any testing program for
abuse of alcohol or use of illegal drugs, and should be made available to
individuals, as appropriate.".
Sec. 1441. Accidents involving civil aircraft
(a) General duties of National Transportation Safety Board
It shall be the duty of the National Transportation Safety Board to--
(1) Make rules and regulations governing notification and report of
accidents involving civil aircraft;
(2) Investigate such accidents and report the facts, conditions, and
circumstances relating to each accident and the probable cause thereof;
(3) Make such recommendations to the Secretary of Transportation as, in
its opinion, will tend to prevent similar accidents in the future;
(4) Make such reports public in such form and manner as may be deemed by
it to be in the public interest; and
(5) Ascertain what will best tend to reduce or eliminate the possibility
of, or recurrence of, accidents by conducting special studies and
investigations on matters pertaining to safety in air navigation and the
prevention of accidents.
(b) Employment of temporary personnel
The National Transportation Safety Board may, without regard to the civil-
service laws, engage, for temporary service in the investigation of any
accident involving aircraft, persons other than officer or employees of the
United States and may fix their compensation without regard to chapter 51 and
subchapter III of chapter 53 of title 5; and may, with consent of the head of
the executive department or independent establishment under whose
jurisdiction the officer or employee is serving, secure for such service any
officer or employee of the United States.
(c) Conduct of investigations; examinations and tests; autopsies and
protection of religious beliefs
In conducting any hearing or investigation, any member of the National
Transportation Safety Board or any officer or employee of the National
Transportation Safety Board or any person engaged or secured under subsection
(b) of this section shall have the same powers as the National Transportation
Safety Board has with respect to hearings or investigations conducted by it.
In carrying out its duties under this subchapter, the National Transportation
Safety Board is authorized to examine and test to the extent necessary any
civil aircraft, aircraft engine, propeller, appliance, or property aboard an
aircraft involved in an accident in air commerce. In the case of any fatal
accident, the National Transportation Safety Board is authorized to examine
the remains of any deceased person aboard the aircraft at the time of the
accident, who dies as a result of the accident, and to conduct autopsies or
such other tests thereof as may be necessary to the investigation of the
accident: Provided, That to the extent consistent with the needs of the
accident investigation, provisions of local law protecting religious beliefs
with respect to autopsies shall be observed.
(d) Preservation of aircraft, engines, propellers, appliances or property
aboard aircraft involved in accidents
Any civil aircraft, aircraft engine, propeller, appliance, or property
aboard an aircraft involved in an accident in air commerce, shall be
preserved in accordance with, and shall not be moved except in accordance
with, regulations prescribed by the National Transportation Safety Board.
(e) Use of records and reports as evidence
No part of any report or reports of the National Transportation Safety
Board relating to any accident or the investigation thereof, shall be
admitted as evidence or used in any suit or action for damages growing out of
any matter mentioned in such report or reports.
(f) Investigations by Secretary of Transportation; report
Upon the request of the National Transportation Safety Board, the Secretary
of Transportation is authorized to make investigations with regard to
aircraft accidents and to report to the National Transportation Safety Board
the facts, conditions, and circumstances thereof, and the National
Transportation Safety Board is authorized to utilize such reports in making
its determinations of probable cause under this subchapter.
(g) Participation by Secretary of Transportation in investigations
In order to assure the proper discharge by the Secretary of Transportation
of his duties and responsibilities, the National Transportation Safety Board
shall provide for the appropriate participation of the Secretary of
Transportation and his representatives in any investigations conducted by the
National Transportation Safety Board under this subchapter: Provided, That
the Secretary of Transportation or his representatives shall not participate
in the determination of probable cause by the National Transportation Safety
Board under this subchapter.
(Pub. L. 85-726, title VII, Sec. 701, Aug. 23, 1958, 72 Stat. 781; Pub. L.
87-810, Secs. 1, 2, Oct. 15, 1962, 76 Stat. 921; Pub. L. 89-670, Sec.
6(c)(1), (d), Oct. 15, 1966, 80 Stat. 937.)
References in Text
The civil-service laws, referred to in subsec. (b), are set out in Title 5,
Government Organization and Employees. See, particularly, section 3301 et
seq. of Title 5.
Codification
In subsec. (b), "chapter 51 and subchapter III of chapter 53 of title 5"
was substituted for "the Classification Act of 1949, as amended" on authority
of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section
of which enacted Title 5, Government Organization and Employees.
Amendments
1962--Subsec. (c). Pub. L. 87-810, Sec. 1, provided for examinations and
tests, including autopsies subject to protection of religious beliefs by
local law.
Subsec. (d). Pub. L. 87-810, Sec. 2, provided for preservation of property
aboard aircraft.
Effective Date
Subchapter effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administration] first appointed under this chapter qualifies and takes
office, see section 1505(2) of Pub. L. 85-726, set out as a note under
section 1301 of this Appendix. The Administrator was appointed, qualified,
and took office on Oct. 31, 1958.
Transfer of Functions
The functions, powers, and duties of the Civil Aeronautics Board, relating
to aircraft accident investigation under this section were transferred to the
Secretary of Transportation by section 6(d) of Pub. L. 89-670 [section
1655(d) of this Appendix] and subsequently transferred by section 5(c) and
said section 6(d) of Pub. L. 89-670 [former section 1654(c) and section
1655(d) of this Appendix] to the National Transportation Safety Board within
the Department of Transportation. Section 1654 of this Appendix was repealed
by Pub. L. 93-633, title III, Sec. 308(1), Jan. 3, 1975, 88 Stat. 2173. Pub.
L. 93-633, title III, Secs. 303, 304, enacted sections 1902 and 1903 of this
Appendix which established the National Transportation Safety Board as an
independent Agency of the United States on or after Apr. 1, 1975, and
directed the Board investigate or cause to be investigated and determine the
facts, conditions, and circumstances and the cause or probable causes of any
aircraft accident which was within the scope of the functions, powers, and
duties transferred from the Civil Aeronautics Board by section 6(d) of Pub.
L. 89-670 [section 1655(d) of this Appendix pursuant to title VII of the
Federal Aviation Act of 1958, as amended, this subchapter], and report in
writing on the facts, conditions, and circumstances of each accident
reported. Accordingly, "National Transportation Safety Board" was substituted
for "Board".
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsecs. (a)(3), (f), and (g), "Secretary of Transportation" was
substituted for "Administrator" (meaning Federal Aviation Administrator) on
authority of section 6(c)(1) of Pub. L. 89-670, in view of the transfer of
all functions, powers, and duties of the Federal Aviation Agency and of the
Administrator and other offices and officers thereof to the Secretary of
Transportation, with the functions, powers, and duties of the Secretary of
Transportation pertaining to aviation safety under this subchapter to be
exercised by the Federal Aviation Administrator in the Department of
Transportation. See section 106 of Title 49, Transportation.
Sec. 1442. Accidents involving military aircraft
(a) Participation in investigations by military authorities
In the case of accidents involving both civil and military aircraft, the
National Transportation Safety Board shall provide for participation in the
investigation by appropriate military authorities.
(b) Participation in investigations by Secretary of Transportation
In the case of accidents involving solely military aircraft and in which a
function of the Secretary of Transportation is or may be involved, the
military authorities shall provide for participation in the investigation by
the Secretary of Transportation.
(c) Furnishing information to Secretary of Transportation and National
Transportation Safety Board
With respect to other accidents involving solely military aircraft, the
military authorities shall provide the Secretary of Transportation and the
National Transportation Safety Board with any information with respect
thereto which, in the judgment of the military authorities, would contribute
to the promotion of air safety.
(Pub. L. 85-726, title VII, Sec. 702, Aug. 23, 1958, 72 Stat. 782; Pub. L.
89-670, Sec. 6(c)(1), (d), Oct. 15, 1966, 80 Stat. 937.)
Transfer of Functions
The functions, powers, and duties of the Civil Aeronautics Board, relating
to aircraft accident investigation under this section were transferred to the
Secretary of Transportation by section 6(d) of Pub. L. 89-670 [section
1655(d) of this Appendix] and subsequently transferred by section 5(c) and
said section 6(d) of Pub. L. 89-670 [former section 1654(c) and section
1655(d) of this Appendix] to the National Transportation Safety Board within
the Department of Transportation. Section 1654 of this Appendix was repealed
by Pub. L. 93-633, title III, Sec. 308(1), Jan. 3, 1975, 88 Stat. 2173. Pub.
L. 93-633, title III, Secs. 303, 304, enacted sections 1902 and 1903 of this
Appendix which established the National Transportation Safety Board as an
independent Agency of the United States on or after Apr. 1, 1975, and
directed the Board investigate or cause to be investigated and determine the
facts, conditions, and circumstances and the cause or probable causes of any
aircraft accident which was within the scope of the functions, powers, and
duties transferred from the Civil Aeronautics Board by section 6(d) of Pub.
L. 89-670 [section 1655(d) of this Appendix pursuant to title VII of the
Federal Aviation Act of 1958, as amended, this subchapter], and report in
writing on the facts, conditions, and circumstances of each accident
reported. Accordingly, "National Transportation Safety Board" was substituted
for "Board".
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsecs. (b) and (c), "Secretary of Transportation" was substituted for
"Administrator" (meaning Federal Aviation Administrator) on authority of
section 6(c)(1) of Pub. L. 89-670, in view of the transfer of all functions,
powers, and duties of the Federal Aviation Agency and of the Administrator
and other offices and officers thereof to the Secretary of Transportation,
with the functions, powers, and duties of the Secretary of Transportation
pertaining to aviation safety under this subchapter to be exercised by the
Federal Aviation Administrator in the Department of Transportation. See
section 106 of Title 49, Transportation.
Sec. 1443. Special Boards of Inquiry
(a) Establishment; composition
In any accident which involves substantial questions of public safety in
air transportation the National Transportation Safety Board may establish a
Special Board of Inquiry consisting of three members; one member of the
National Transportation Safety Board who shall act as Chairman of the Special
Board of Inquiry; and two members representing the public who shall be
appointed by the President upon notification of the creation of such Special
Board of Inquiry by the National Transportation Safety Board.
(b) Qualifications of public members
Such public members of the Special Board of Inquiry shall be duly qualified
by training and experience to participate in such inquiry and shall have no
pecuniary interest in any aviation enterprise involved in the accident to be
investigated.
(c) Authority of Boards
The Special Board of Inquiry when convened to investigate an accident
certified to it by the National Transportation Safety Board shall have all
authority of the National Transportation Safety Board as described in this
subchapter.
(Pub. L. 85-726, title VII, Sec. 703, Aug. 23, 1958, 72 Stat. 782; Pub. L.
89-670, Sec. 6(d), Oct. 15, 1966, 80 Stat. 938.)
Transfer of Functions
The functions, powers, and duties of the Civil Aeronautics Board, relating
to aircraft accident investigation under this section were transferred to the
Secretary of Transportation by section 6(d) of Pub. L. 89-670 [section
1655(d) of this Appendix] and subsequently transferred by section 5(c) and
said section 6(d) of Pub. L. 89-670 [former section 1654(c) and section
1655(d) of this Appendix] to the National Transportation Safety Board within
the Department of Transportation. Section 1654 of this Appendix was repealed
by Pub. L. 93-633, title III, Sec. 308(1), Jan. 3, 1975, 88 Stat. 2173. Pub.
L. 93-633, title III, Secs. 303, 304, enacted sections 1902 and 1903 of this
Appendix which established the National Transportation Safety Board as an
independent Agency of the United States on or after Apr. 1, 1975, and
directed the Board investigate or cause to be investigated and determine the
facts, conditions, and circumstances and the cause or probable causes of any
aircraft accident which was within the scope of the functions, powers, and
duties transferred from the Civil Aeronautics Board by section 6(d) of Pub.
L. 89-670 [section 1655(d) of this Appendix pursuant to title VII of the
Federal Aviation Act of 1958, as amended, this subchapter], and report in
writing on the facts, conditions, and circumstances of each accident
reported. Accordingly, "National Transportation Safety Board" was substituted
for "Board".
SUBCHAPTER VIII--OTHER ADMINISTRATIVE AGENCIES
Sec. 1461. President of the United States; suspension and rejection of rates
in foreign air transportation
(a) The issuance, denial, transfer, amendment, cancellation, suspension, or
revocation of, and the terms, conditions, and limitations contained in, any
certificate authorizing an air carrier to engage in foreign air
transportation, or any permit issuable to any foreign air carrier under
section 1372 of this Appendix, shall be presented to the President for
review. The President shall have the right to disapprove any such Board
action concerning such certificates or permits solely upon the basis of
foreign relations or national defense considerations which are within the
President's jurisdiction, but not upon the basis of economic or carrier
selection considerations. Any such disapproval shall be issued in a public
document, setting forth the reasons for the disapproval to the extent
national security permits, within sixty days after submission of the Board's
action to the President. Any such Board action so disapproved shall be null
and void. Any such Board action not disapproved within the foregoing time
limits shall take effect as action of the Board, not the President, and as
such shall be subject to judicial review as provided in section 1486 of this
Appendix.
(b) Any order of the Board pursuant to section 1482(j) of this Appendix
suspending, rejecting, or canceling a rate, fare, or charge for foreign
transportation, and any order rescinding the effectiveness of any such order,
shall be submitted to the President before publication thereof. The President
may disapprove any such order when he finds that disapproval is required for
reasons of the national defense or the foreign policy of the United States
not later than ten days following submission by the Board of any such order
to the President.
(Pub. L. 85-726, title VIII, Sec. 801, Aug. 23, 1958, 72 Stat. 782; Pub. L.
92-259, Sec. 2, Mar. 22, 1972, 86 Stat. 96; Pub. L. 95-504, Sec. 34, Oct. 24,
1978, 92 Stat. 1740.)
Amendments
1978--Subsec. (a). Pub. L. 95-504 struck out provision relating to air
transportation between places in the same Territory or possession and
relating to copies of particular applications and added provisions relating
to Presidential rights and duties.
1972--Pub. L. 92-259 designated existing provisions as subsec. (a) and
added subsec. (b).
Effective Date
Subchapter effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administration] first appointed under this chapter qualifies and takes
office, see section 1505(2) of Pub. L. 85-726, set out as a note under
section 1301 of this Appendix. The Administrator was appointed, qualified,
and took office on Oct. 31, 1958.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
International Agreements
Subsec. (b) of this section not to be deemed to authorize any actions
inconsistent with the provisions of section 1502 of this title, see section 4
of Pub. L. 92-259, set out as a note under section 1482 of this Appendix.
Executive Order No. 11920
Ex. Ord. No. 11920, June 10, 1976, 41 F.R. 23665, which provided for
establishment of Executive branch procedures to facilitate review of
submitted decisions, was revoked by Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R.
5029, set out as a note below.
Executive Order No. 12547
Ex. Ord. No. 12547, Feb. 6, 1986, 51 F.R. 5029, which provided for
establishment of procedures to facilitate Presidential review of
international aviation decisions submitted by Department of Transportation,
was revoked by Ex. Ord. No. 12597, May 13, 1987, 52 F.R. 18335, set out as a
note under this section.
Ex. Ord. No. 12597. Establishing Procedures for Facilitating Presidential
Review of International Aviation Decisions by
the Department of Transportation
Ex. ord. No. 12597, May 13, 1987, 52 F.R. 18335, provided:
By the authority vested in me as President by the Constitution and laws
of the United States of America, including Section 801 of the Federal
Aviation Act, as amended (49 U.S.C. app. Sec. 1461), and in order to
provide presidential guidance to department and agency heads and facilitate
presidential review of decisions by the Department of Transportation pursuant
to the Federal Aviation Act, it is hereby ordered as follows:
Section 1. Executive Order No. 12547 of February 6, 1986, is revoked.
Sec. 2. The Secretary of Transportation is designated and empowered to
receive on behalf of the President any decision of the Department of
Transportation (hereinafter referred to as the "DOT") subject to Section 801
of the Federal Aviation Act, as amended. The Secretary of Transportation is
further designated and empowered to exercise, without the approval,
ratification, or other action of the President, the authority of the
President under Section 801 of the Federal Aviation Act, as amended, to
review and determine not to disapprove any such decision that is not the
subject of any written recommendation for disapproval or for a statement of
reasons submitted to the Department of Transportation in accordance with
section 5(b) of this Order.
Sec. 3. (a) Except as otherwise provided in this section, decisions of
the DOT subject to Section 801 of the Federal Aviation Act, as amended,
may be made available by the DOT for public inspection and copying
following transmission to Executive departments and agencies pursuant to
section 3(c) of this Order.
(b) In the interests of national security, and in order to allow for
consideration of appropriate action under Executive Order No. 12356,
decisions of the DOT transmitted to Executive departments and agencies
pursuant to section 3(c) of this Order shall be withheld from public
disclosure for a period not to exceed 5 days after said transmission.
(c) At the same time that decisions of the DOT are received by the
Secretary of Transportation pursuant to section 2 of this Order, the DOT
shall transmit copies thereof to the Secretary of State, the Secretary of
Defense, the Secretary of the Treasury, the Attorney General, the
Assistant to the President for National Security Affairs, the Director of
the Office of Management and Budget, and any other Executive department or
agency that the DOT deems appropriate.
(d) The Secretary of State and the Secretary of Defense, or their
designees, shall review the decisions of the DOT transmitted pursuant to
section 3(c) of this Order and shall promptly advise the Assistant to the
President for National Security Affairs or his designee whether action
pursuant to Executive Order No. 12356 is deemed appropriate. If, after
considering these recommendations, the Assistant to the President for
National Security Affairs determines that classification under Executive
Order No. 12356 is appropriate, he shall take such action and immediately
so inform the DOT. Action pursuant to this subsection shall be completed
by the persons designated herein within 5 days of the transmission of the
decision.
(e) On and after the 6th day following transmission of a DOT decision
pursuant to section 3(c) of this Order, or upon earlier notification by the
Assistant to the President for National Security Affairs or his designee, the
DOT is authorized to disclose all unclassified portions of the text of such
decision. Nothing in this section is intended to affect the ability to
withhold material under any Executive order or statute other than Section
801.
Sec. 4. (a) Departments and agencies outside of the Executive Office of
the President shall raise only matters of national defense or foreign
relations in the course of the presidential review established by this
Order. All other matters, including those related to regulatory policy,
shall be presented to the DOT in accordance with the procedures of the DOT.
(b) Departments and agencies outside of the Executive Office of the
President that identify matters of national defense or foreign relations
while a decision is pending before the DOT shall, except as
confidentiality is required for reasons of defense or foreign policy, make
those matters known to the DOT in the course of its proceedings.
Sec. 5. (a) The DOT shall receive the recommendations, addressed to the
President, of the departments and agencies referred to in section 3(c) of
this Order.
(b) Departments or agencies outside of the Executive Office of the
President making recommendations on matters of national defense or foreign
relations with respect to any decision received by the Secretary of
Transportation under section 2 of this Order shall submit their
recommendations in writing to the DOT: (1) within 4 days of the DOT's
issuance of a decision subject to a 10-day statutory review period under
Section 801(b); and (2) within 21 days of the DOT's issuance of a decision
subject to a 60-day statutory review period under Section 801(a); or (3)
in exceptional cases, within the period specified by the DOT in its letter
of transmittal.
(c) The DOT shall, as soon as practical after the deadlines specified in
section 5(b) of this Order: (1) if no recommendations for disapproval or for
a statement of reasons are received from the departments and agencies
specified in section 3(c) of this Order, issue its decision to become
effective according to its terms; or (2) if recommendations for disapproval
or for a statement of reasons are received, transmit them to the Assistant to
the President for National Security Affairs, who, upon review, shall transmit
a memorandum to the President with a recommendation as to whether or not the
President should disapprove the proposed decision.
Sec. 6. (a) In advising the President with respect to his review of a
decision pursuant to Section 801, departments and agencies outside of the
Executive Office of the President shall identify with particularity the
defense or foreign policy implications of the DOT decision that are deemed
appropriate for consideration.
(b) If any department or agency that made recommendations to the
President pursuant to Section 801 believes that, if the President decides
not to disapprove a decision, the letter so advising the DOT should
include a statement that the decision not to disapprove was based on
national defense or foreign relations reasons, it should so indicate
separately and explain why.
Sec. 7. Individuals within the Executive Office of the President shall
follow a policy of: (a) refusing to discuss matters relating to the
disposition of a case subject to the review of the President under Section
801 with any interested private party, or an attorney or agent for any
such party, prior to the decision by the President or his designee; and
(b) referring any written communication from an interested private party,
or an attorney or agent for any such party, to the appropriate department
or agency outside of the Executive Office of the President. Exceptions to
this policy may be made only when the head of an appropriate department or
agency outside of the Executive Office of the President personally finds,
on a nondelegable basis, that direct written or oral communication between
a private party and a person within the Executive Office of the President
is needed for reasons of defense or foreign policy.
Sec. 8. Departments and agencies outside of the Executive Office of the
President that regularly make recommendations in connection with the
presidential review pursuant to Section 801 shall, consistent with applicable
law, including the provisions of Chapter 5 of Title 5 of the United States
Code:
(a) establish public dockets for all written communications (other than
those requiring confidential treatment for defense or foreign policy
reasons) between their officers and employees and private parties in
connection with the preparation of such recommendations; and
(b) prescribe such other procedures governing oral and written
communications as they deem appropriate.
Sec. 9. This Order is intended solely for the internal guidance of the
departments and agencies in order to facilitate the presidential review
process. This Order does not confer rights on any private parties.
Sec. 10. None of the time deadlines specified in this Order shall be
construed as a limitation on expedited presidential review of any decision
under Section 801.
Sec. 11. The provisions of this Order shall become effective upon
publication in the Federal Register /1/ and shall govern the review of any
proposed decisions of the DOT that have not become final prior to that
date under Executive Order No. 12547.
Sec. 12. References in any Executive order to any provision in Executive
Order No. 12547 shall be deemed to refer to the corresponding provision in
this Order.
Ronald Reagan.
Sec. 1462. The Department of State
The Secretary of State shall advise the Secretary of Transportation, the
Board, and the Secretary of Commerce, and consult with the Secretary of
Transportation, Board, or Secretary of Commerce, as appropriate, concerning
the negotiations of any agreement with foreign governments for the
establishment or development of air navigation, including air routes and
services.
(Pub. L. 85-726, title VIII, Sec. 802, Aug. 23, 1958, 72 Stat. 783; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Administrator of the Federal Aviation Agency) pursuant to section 6(c)(1) of
Pub. L. 89-670, which transferred all functions, powers, and duties of the
Federal Aviation Agency and the Administrator thereof under this section to
the Secretary of Transportation. See section 106 of Title 49, Transportation.
Sec. 1463. Weather Service
In order to promote safety and efficiency in air navigation to the highest
possible degree, the Secretary of Commerce shall, in addition to any other
functions or duties pertaining to weather information for other purposes, (1)
make such observations, measurements, investigations, and studies of
atmospheric phenomena, and establish such meteorological offices and
stations, as are necessary or best suited for ascertaining, in advance,
information concerning probable weather conditions; (2) furnish such reports,
forecasts, warnings, and advices to the Secretary of Transportation, and to
such persons engaged in civil aeronautics as may be designated by the
Secretary of Transportation, and to such other persons as the Secretary of
Commerce may determine, and such reports shall be made in such manner and
with such frequency as will best result in safety in and in facilitating air
navigation; (3) cooperate with persons engaged in air commerce, or employees
thereof, in meteorological service, establish and maintain reciprocal
arrangements under which this provision is to be carried out and collect and
disseminate weather reports available from aircraft in flight; (4) establish
and coordinate the international exchanges of meteorological information
required for the safety and efficiency of air navigation; (5) participate in
the development of an international basic meteorological reporting network,
including the establishment, operation, and maintenance of reporting stations
on the high seas, in polar regions, and in foreign countries in cooperation
with other governmental agencies of the United States and the meteorological
services of foreign countries and with persons engaged in air commerce; (6)
coordinate meteorological requirements in the United States in order to
maintain standard observations, promote efficient use of facilities and avoid
duplication of services unless such duplication tends to promote the safety
and efficiency of air navigation; and (7) promote and develop meteorological
science and foster and support research projects in meteorology through the
utilization of private and governmental research facilities and provide for
the publication of the results of such research projects unless such
publication would be contrary to the public interest.
(Pub. L. 85-726, title VIII, Sec. 803, Aug. 23, 1958, 72 Stat. 783; 1965
Reorg. Plan No. II, eff. July 13, 1965, Secs. 1, 2, 30 F.R. 8819, 79 Stat
1318; Pub. L. 89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Transfer of Functions
The Office of Chief of the Weather Bureau was abolished and his functions
transferred to the Secretary of Commerce by Reorg. Plan No. 2 of 1965, eff.
July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title
5, Government Organization and Employees. For further details, see Transfer
of Functions note set out under section 1152 of this Appendix.
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Administrator of the Federal Aviation Agency) pursuant to section 6(c)(1) of
Pub. L. 89-670, which transferred all functions, powers, and duties of the
Federal Aviation Agency and the Administrator thereof under this section to
the Secretary of Transportation. See section 106 of Title 49, Transportation.
SUBCHAPTER IX--PENALTIES
Sec. 1471. Civil penalties; notice and hearing; compromise; liens
(a) Generally
(1) Any person who violates (A) any provision of subchapter III, IV, V, VI,
VII, or XII of this chapter or of section 1501 or 1514, or 1515(e)(2)(B) of
this Appendix or any rule, regulation, or order issued thereunder, or under
section 1482(i) of this Appendix, or any term, condition, or limitation of
any permit or certificate issued under subchapter IV of this chapter, or (B)
any rule or regulation issued by the United States Postal Service under this
chapter, shall be subject to a civil penalty of not to exceed $1,000 for each
such violation, except that a person who operates aircraft for the carriage
of persons or property for compensation or hire (other than an airman
serving in the capacity of an airman) shall be subject to a civil penalty not
to exceed $10,000 for each violation of subchapter III, VI, or XII of this
chapter, or any rule, regulation, or order issued thereunder, occurring
after December 30, 1987, and except that the amount of such civil penalty
shall not exceed $10,000 for each such violation which relates to the
transportation of hazardous materials and for each such violation which
relates to registration or recordation of an aircraft under subchapter V. If
such violation is a continuing one, each day of such violation, or each
flight with respect to which such violation is committed, if applicable,
shall constitute a separate offense. The amount of any such civil penalty
which relates to the transportation of hazardous materials shall be assessed
by the Secretary, or his delegate, upon written notice upon a finding of
violation by the Secretary, after notice and an opportunity for a hearing.
In determining the amount of such penalty, the Secretary shall take into
account the nature, circumstances, extent, and gravity of the violation
committed and, with respect to the person found to have committed such
violation, the degree of culpability, any history of prior offenses, ability
to pay, effect on ability to continue to do business, and such other matters
as justice may require. The amount of any such civil penalty for any
violation of any provision of subchapter IV of this chapter, or any rule,
regulation, or order issued thereunder, or under section 1482(i) of this
Appendix, or any term, condition, or limitation of any permit or certificate
issued under subchapter IV of this chapter shall be assessed by the Board
only after notice and an opportunity for a hearing and after written notice
upon a finding of violation by the Board. Judicial review of any order of
the Board assessing such a penalty may be obtained only pursuant to section
1486 of this Appendix. This subsection shall not apply to members of the
Armed Forces of the United States, or those civilian employees of the
Department of Defense who are subject to the provisions of the Uniform Code
of Military Justice, while engaged in the performance of their official
duties; and the appropriate military authorities shall be responsible for
taking any necessary disciplinary action with respect thereto and for making
to the Secretary of Transportation or Board, as appropriate, a timely report
of any such action taken.
(2) Any civil penalty may be compromised by the Secretary of Transportation
in the case of penalties provided for in subsections (c) and (d) of this
section or violations of subchapters /1/ III, V, VI, or XII of this chapter,,
/2/ or of section 1501, 1514, or 1515(e)(2)(B) of this Appendix, or any rule,
regulation, or order issued thereunder, or by the National Transportation
Safety Board in the case of violations of subchapter VII of this chapter or
any rule, regulation, or order issued thereunder, or by the United States
Postal Service in the case of regulations issued by it. The amount of such
penalty when finally determined or fixed by order of the Board, or the
amount agreed upon in compromise, may be deducted from any sums which the
United States owes to the person charged.
NOTE /1/ So in original. Probably should be "subchapter".
NOTE /2/ So in original.
(3) Administrative assessment
(A) General authority
Upon written notice and finding of a violation by the Administrator,
the Administrator, or the delegate of the Administrator, may assess a
civil penalty for a violation of subchapter III, V, VI, or XII of this
chapter or section 1471(c), 1471(d), 1501 or 1515(e)(2)(B) of this
Appendix or any rule, regulation, or order issued thereunder.
(B) No reexamination of liability or amount
In the case of a civil penalty assessed by the Administrator under
this paragraph, the issue of liability or amount of civil penalty shall
not be reexamined in any subsequent suit for collection of such civil
penalty.
(C) Continuing jurisdiction of district courts
Notwithstanding subparagraph (A), the United States district courts
shall have exclusive jurisdiction of any civil penalty initiated by the
Administrator--
(i) which involves an amount in controversy in excess of $50,000;
(ii) which is an in rem action or in which an in rem action based
on the same violation has been brought;
(iii) regarding which an aircraft subject to lien has been seized by
the United States; and
(iv) in which a suit for injunctive relief based on the violation
giving rise to the civil penalty has also been brought.
(D) Procedures with respect to violations by pilots, flight engineers,
mechanics, and repairmen
(i) Notice of charges
Before issuing an order assessing a civil penalty under this
paragraph against a person acting in the capacity of a pilot, flight
engineer, mechanic, or repairman, the Administrator shall advise such
person of the charges or any reasons relied upon by the Administrator
for the proposed action and shall provide such person an opportunity
to answer any charges and be heard as to why such order should not be
issued.
(ii) Appeal to NTSB
Any person acting in the capacity of a pilot, flight engineer,
mechanic, or repairman against whom an order assessing a civil penalty
is issued by the Administrator under this paragraph may appeal the
order to the National Transportation Safety Board, and the Board
shall, after notice and a hearing on the record in accordance with
section 554 of title 5, affirm, modify, or reverse the order of the
Administrator.
(iii) Weight afforded to findings and interpretations of FAA
In the conduct of its hearings under this subparagraph, the National
Transportation Safety Board shall not be bound by any findings of fact
of the Administrator but shall be bound by all validly adopted
interpretations of laws and regulations administered by the Federal
Aviation Administration and of written agency policy guidance
available to the public relating to sanctions to be imposed under this
subsection unless the Board finds that any such interpretation is
arbitrary, capricious, or otherwise not in accordance with law. The
Board may, consistent with this subsection, modify the type of
sanctions to be imposed from assessment of a civil penalty to
suspension or revocation of a certificate.
(iv) Effect of filing of appeal
The filing of an appeal of an order of the Administrator with the
National Transportation Safety Board under this subparagraph shall
stay the effectiveness of the order.
(v) Judicial review
A person substantially affected by an order of the National
Transportation Safety Board under this subparagraph or the
Administrator, in any case in which the Administrator determines that
such an order will have a significant adverse impact on the
implementation of this chapter, may obtain judicial review of such
order under the provisions of section 1486 of this Appendix. The
Administrator shall be a party to all proceedings for judicial review
under this clause. In any such proceeding, the findings of fact of the
Board shall be conclusive if supported by substantial evidence.
(E) Procedures with respect to violations by other persons
(i) General procedures
A civil penalty may be assessed against any person (other than a
person acting in the capacity of a pilot, flight engineer, mechanic,
or repairman) by the Administrator under this paragraph only after
notice and an opportunity for a hearing on the record in accordance
with section 554 of title 5.
(ii) Standard of review
In any appeal from a decision of an administrative law judge, the
Administrator shall consider only the following issues:
(I) Whether each finding of fact is supported by a preponderance
of reliable, probative, and substantial evidence.
(II) Whether each conclusion of law is made in accordance with
applicable law, precedent, and public policy.
(III) Whether the administrative law judge committed any
prejudicial errors that support the appeal.
(iii) Time for commencing proceeding
Except where good cause exists, a civil penalty action shall not be
initiated under this subparagraph after 2 years from the date the
violation occurred.
(F) Limitation on applicability
This paragraph only applies to violations occurring on or after
August 26, 1992.
(G) Maximum amount
The maximum amount of a civil penalty which may be assessed by the
Administrator or the National Transportation Safety Board under this
paragraph may not exceed $50,000.
(H) Definitions
In this paragraph, the following definitions apply:
(i) Flight engineer
The term "flight engineer" means a person who holds a flight
engineer certificate issued under part 63 of title 14 of the Code
of Federal Regulations.
(ii) Mechanic
The term "mechanic" means a person who holds a mechanic certificate
issued under part 65 of title 14 of the Code of Federal Regulations.
(iii) Pilot
The term "pilot" means a person who holds a pilot certificate
issued under part 61 of title 14 of the Code of Federal Regulations.
(iv) Repairman
The term "repairman" means a person who holds a repairman
certificate issued under part 65 of title 14 of the Code of Federal
Regulations.
(b) Liens
In case an aircraft is involved in such violation and the violation is
by the owner or person in command of the aircraft, such aircraft shall be
subject to lien for the penalty: Provided, That this subsection shall not
apply to a violation of a rule or regulation of the United States Postal
Service.
(c) False information
Whoever imparts or conveys or causes to be imparted or conveyed false
information, knowing the information to be false and under circumstances in
which such information may reasonably be believed, concerning an attempt or
alleged attempt being made or to be made, to do any act which would be a
crime prohibited by subsection (i), (j), (k), or (l) of section 1472 of this
Appendix, shall be subject to a civil penalty of not more than $10,000 which
shall be recoverable in a civil action brought in the name of the United
States.
(d) Carrying weapons
Except for law enforcement officers of any municipal or State government or
officers or employees of the Federal Government, who are authorized or
required within their official capacities to carry arms, or other persons who
may be so authorized under regulations issued by the Administrator, whoever
while aboard, or while attempting to board, any aircraft in, or intended for
operation in, air transportation or intrastate air transportation, has on or
about his person or his property a concealed deadly or dangerous weapon,
which is, or would be, accessible to such person in flight shall be subject
to a civil penalty of not more than $10,000 which shall be recoverable in a
civil action brought in the name of the United States.
(Pub. L. 85-726, title IX, Sec. 901, Aug. 23, 1958, 72 Stat. 783; Pub. L. 87-
528, Sec. 12, July 10, 1962, 76 Stat. 149; Pub. L. 89-670, Sec. 6(c)(1), Oct.
15, 1966, 80 Stat. 937; Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat.
773; Pub. L. 93-366, title I, Sec. 107, Aug. 5, 1974, 88 Stat. 414; Pub. L.
93-633, title I, Sec. 113(b), Jan. 3, 1975, 88 Stat. 2162; Pub. L. 95-504,
Sec. 35, Oct. 24, 1978, 92 Stat. 1740; Pub. L. 98-473, title II, Sec.
2014(a)(1), (b), Oct. 12, 1984, 98 Stat. 2189; Pub. L. 99-83, title V, Sec.
551(b)(2), Aug. 8, 1985, 99 Stat. 225; Pub. L. 100-223, title II, Sec.
204(a)-(d), Dec. 30, 1987, 101 Stat. 1519; Pub. L. 100-690, title VII, Sec.
7208, Nov. 18, 1988, 102 Stat. 4429; Pub. L. 102-345, Sec. 2(a), Aug. 26,
1992, 106 Stat. 923; Pub. L. 102-581, title II, Sec. 208, Oct. 31, 1992, 106
Stat. 4895.)
References in Text
This chapter, referred to in subsec. (a)(1), (3), was in the original "this
Act", meaning Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known
as the Federal Aviation Act of 1958. For complete classification of this Act
to the Code, see Short Title note set out under section 1301 of this Appendix
and Tables.
The Uniform Code of Military Justice, referred to in subsec. (a)(1), is
classified generally to chapter 47 (Sec. 801 et seq.) of Title 10, Armed
Forces.
Amendments
1992--Subsec. (a)(3). Pub. L. 102-345 amended par. (3) generally, revising
and restating provisions relating to administrative assessment of certain
registration and recordation violations.
Subsec. (a)(3)(A). Pub. L. 102-581 inserted "1471(c), 1471(d)," after
"section".
1988--Subsec. (a)(1). Pub. L. 100-690, Sec. 7208(a), inserted "and for
each such violation which relates to registration or recordation of an
aircraft under title V" before the period in the first sentence.
Subsec. (a)(3). Pub. L. 100-690, Sec. 7208(b), added par. (3).
1987--Subsec. (a)(1). Pub. L. 100-223, Sec. 204(a), which directed
amendment of cl. (A) by striking out "section 1514," and inserting in lieu
thereof "section 1501 or 1514," was executed by striking out "section 1514"
and inserting in lieu thereof "section 1501 or 1514," as the probable
intent of Congress because a comma does not appear after "section
1514" in the original.
Pub. L. 100-223, Sec. 204(b),(c), inserted "except that a person
who operates aircraft for the carriage of persons or property for
compensation or hire (other than an airman serving in the capacity
of an airman) shall be subject to a civil penalty not to exceed $10,000
for each violation of subchapter III, VI, or XII of this chapter, or any
rule, regulation, or order issued thereunder, occurring after December
30, 1987, and" after "$1,000 for each violation," in first sentence, and
", or each flight with respect to which such violation is committed, if
applicable," after "each day of such violation" in second sentence.
Subsec. (a)(2). Pub. L. 100-223, Sec. 204(d), inserted ", or of
section 1501, 1514, or 1515(e)(2)(B) of this Appendix,".
1985--Subsec. (a)(1). Pub. L. 99-83 inserted reference to section
1515(e)(2)(B) of this Appendix.
1984--Subsec. (a)(2). Pub. L. 98-473, Sec. 2014(b), inserted "penalties
provided for in subsections (c) and (d) of this section or" after "Secretary
of Transportation in the case of".
Subsecs. (c), (d). Pub. L. 98-473, Sec. 2014(a)(1), added subsecs. (c) and
(d).
1978--Subsec. (a). Pub. L. 95-504 inserted provision authorizing the
assessment of civil penalties by the Board substituted "Secretary of
Transportation" for "Administrator" wherever appearing, and in par. 2,
deleted references to subchapter IV.
1975--Subsec. (a)(1). Pub. L. 93-633 limited the amount of the civil
penalty to $10,000 for each violation which relates to the transportation of
hazardous materials, and provided for assessment of the civil penalty
relating to transportation of hazardous materials and consideration of stated
criteria in determining the amount of the penalty.
1974--Subsec. (a)(1). Pub. L. 93-366 added reference to section 1514 of
this Appendix.
1962--Subsec. (a). Pub. L. 87-528 included violations of provisions of
subchapter IV, or any rule, regulation, or order issued thereunder, and of
section 1482(i) of this Appendix, or terms, conditions, or limitations of
permits or certificates issued under subchapter IV, provided that each day of
violation of the subsection constitutes a separate offense, and empowered the
Board to compromise penalties in case of violations of subchapter IV, or
rules, regulations, or orders thereunder, or of section 1482(i) of this
Appendix, or terms, conditions, or limitations thereunder.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 2015 of
Pub. L. 98-473, set out as a note under section 31 of Title 18, Crimes and
Criminal Procedure.
Effective Date of 1975 Amendment; Continuance of Prior Provisions; Two Year
Limitation After Jan. 3, 1975, for Arrangements, Including Licenses, etc., To
Comply With Pub. L. 93-633; Pending Proceedings Unaffected
Amendment by Pub. L. 93-633 effective Jan. 3, 1975, except as otherwise
provided, see section 114 of Pub. L. 93-633, set out as an Effective Date of
1975 Amendment note under section 1801 of this Appendix.
Effective Date
Subchapter effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administrator] first appointed under this chapter qualifies and takes office,
see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301
of this Appendix. The Administrator was appointed, qualified, and took office
on Oct. 31, 1958.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
In subsecs. (a)(1) and (b), "United States Postal Service" was substituted
for "Postmaster General", and in subsec. (a)(2), "United States Postal
Service" and "it" were substituted for "Postmaster General" and "him",
respectively, pursuant to Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat.
773, set out as a note under section 201 of Title 39, Postal Service, which
abolished the office of Postmaster General of the Post Office Department and
transferred its functions to the United States Postal Service.
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsec. (a), "Secretary of Transportation" was substituted for
"Administrator" (meaning Federal Aviation Administrator) on authority of
section 6(c)(1) of Pub. L. 89-670, in view of the transfer of all functions,
powers, and duties of the Federal Aviation Agency and of the Administrator
and other offices and officers thereof to the Secretary of Transportation,
with the functions, powers, and duties of the Secretary of Transportation
pertaining to aviation safety under this subchapter to be exercised by the
Federal Aviation Administrator in the Department of Transportation. See
section 106 of Title 49, Transportation.
Continuation of Former Programs with Respect to Preenactment Violations
Section 2(c) of Pub. L. 102-345 provided that: "Notwithstanding subsections
(a) and (b) of this section, sections 901(a)(3) and 905 of the Federal
Aviation Act of 1958 as in effect on July 31, 1992, shall continue in effect
on and after such date of enactment with respect to violations of the Federal
Aviation Act of 1958 occurring before such date of enactment."
National Transportation Safety Board
The National Transportation Safety Board originally established within the
Department of Transportation was constituted an independent agency of the
United States on and after Apr. 1, 1975, see section 1902 of this Appendix.
Secretary and Administrator Defined
Section 2 of Pub. L. 100-223 provided that "As used in this Act--
"(1) the term 'Secretary' means the Secretary of Transportation; and
"(2) the term 'Administrator' means the Administrator of the Federal
Aviation Administration."
Sec. 1472. Criminal penalties
(a) Generally
Any person who knowingly and willfully violates any provision of this
chapter (except subchapters III, V, VI, VII, and XII of this chapter), or any
order, rule, or regulation issued by the Secretary of Transportation or by
the Board under any such provision or any term, condition, or limitation of
any certificate or permit issued under subchapter IV of this chapter, for
which no penalty is otherwise provided in this section or in section 1474 of
this Appendix, shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be subject for the first offense to a fine of not more than
$500, and for any subsequent offense to a fine of not more than $2,000. If
such violation is a continuing one, each day of such violation shall
constitute a separate offense.
(b) Forgery of certificates, false marking of aircraft, and other aircraft
registration violations
(1) Description of violations
It shall be unlawful for any person--
(A) to knowingly and willfully forge, counterfeit, alter, or falsely
make any certificate authorized to be issued under this chapter, or to
knowingly sell, use, attempt to use, or possess with the intent to use
any such fraudulent certificate;
(B) to obtain any certificate authorized to be issued under this
chapter by knowingly and willfully falsifying, concealing, or covering up
a material fact, or making a false, fictitious, or fraudulent statement
or representation, or making or using any false writing or document
knowing the writing or document to contain any false, fictitious, or
fraudulent statement or entry;
(C) who is the owner of an aircraft eligible for registration under
section 1401 of this Appendix, to knowingly and willfully operate,
attempt to operate, or permit any other person to operate such aircraft
if such aircraft is not registered under section 1401 of this Appendix,
or the certificate of registration of such aircraft is suspended or
revoked, or if such owner knows or has reason to know that such person
does not have proper authorization to operate or navigate the aircraft
without registration for a period of time after transfer of ownership;
(D) to knowingly and willfully operate or attempt to operate an
aircraft eligible for registration under section 1401 of this Appendix,
knowing that such aircraft is not registered under section 1401 of this
Appendix, that the certificate of registration of such aircraft is
suspended or revoked, or that such person does not have proper
authorization to operate or navigate such aircraft without registration
for a period of time after transfer of ownership;
(E) to knowingly and willfully serve, or attempt to serve, in any
capacity as an airman without a valid airman certificate authorizing
such person to serve in such capacity;
(F) to knowingly and willfully employ for service or utilize any
airman who does not possess a valid airman certificate authorizing such
person to serve in such capacity;
(G) to operate an aircraft with a fuel tank or fuel system which
has been installed or modified on the aircraft knowing that such tank
or system or the installation or modification of such tank or system
is not in accordance with all applicable rules, regulations, and
requirements of the Administrator; or
(H) to knowingly and willfully display or cause to be displayed on
any aircraft any marks which are false or misleading as to the
nationality or registration of the aircraft.
(2) Penalties
Any person who commits a violation of paragraph (1) shall be, upon
conviction, subject to--
(A) a fine of not more than $15,000 or imprisonment for a term of
not more than 3 years, or both; or
(B) a fine of not more than $25,000 or imprisonment for a term of
not more than 5 years, or both, if such violation was in connection
with the act of transportation by aircraft of a controlled substance
or of the aiding or facilitating of a controlled substance offense where
such act is punishable by death or imprisonment for a term exceeding 1
year under a State or Federal law or is provided in connection with any
act which is punishable by death or imprisonment for a term exceeding 1
year under a State or Federal law relating to a controlled substance
(other than a law relating to simple possession of a controlled
substance).
Any term of imprisonment imposed under subparagraph (B) shall be in
addition to, and shall not be served concurrently with, any other term of
imprisonment imposed on such person.
(3) Seizure of aircraft
(A) By DEA or Customs
An aircraft used in connection with, or in aiding or facilitating, a
violation of paragraph (1) whether or not a person is charged in
connection with such violation, may be seized and forfeited by the
Drug Enforcement Administration of the Department of Justice or the
United States Customs Service in accordance with the customs laws.
(B) Presumptions
For purposes of subparagraph (A), an aircraft shall be presumed to
have been used in connection with, or to aid or facilitate a violation
of--
(i) paragraph (1)(B) if the aircraft is registered to a fictitious or
false person;
(ii) paragraph (1)(B) if the application form used to
obtain the aircraft registration certificate contains a material false
statement;
(iii) paragraph (1)(A) if the registration for the aircraft has been
forged, counterfeited, altered, or falsely made;
(iv) paragraph (1)(C) if the aircraft has been operated while it is
not registered under section 1401 of this Appendix;
(v) paragraph (1)(H) if there is an external display of false or
misleading registration numbers or false or misleading country of
registration;
(vi) paragraph (1)(G) if there is on the aircraft a fuel tank or
fuel system which has not been installed or modified in accordance with
all applicable rules, regulations, and requirements of the
Administrator; and
(vii) paragraph (1)(G) if, in the case of an aircraft on which a fuel
tank or fuel system has been installed or modified, a certificate
required to be issued by the Administrator for such installation or
modification is not carried aboard the aircraft.
(C) Memorandum of understanding
The Federal Aviation Administration, the Drug Enforcement
Administration, and the United States Customs Service shall enter into
a memorandum of understanding for the purpose of establishing
procedures for carrying out the objectives of this paragraph.
(4) Controlled substance defined
For purposes of this section, the term "controlled substance" has the
meaning that such term has under section 802 of title 21.
(5) Effect of State law
Nothing in this subsection or in any other provision of this chapter
shall preclude a State from establishing criminal penalties, including
providing for forfeiture or seizure of aircraft, for a person who--
(A) knowingly and willfully forges, counterfeits, alters, or falsely
makes an aircraft registration certificate;
(B) knowingly sells, uses, attempts to use, or possesses with intent to
use a fraudulent aircraft registration certificate;
(C) knowingly and willfully displays or causes to be displayed on any
aircraft any marks that are false or misleading as to the nationality or
registration of the aircraft; or
(D) obtains an aircraft registration certificate from the administrator
by knowingly and willfully falsifying, concealing or covering up a
material fact, or making a false, fictitious, or fraudulent statement or
representation, or making or using any false writing or document knowing
the writing or document to contain any false, fictitious, or fraudulent
statement or entry.
(c) Interference with air navigation
A person shall be subject to a fine of not exceeding $5,000 or to
imprisonment not exceeding five years, or to both such fine and imprisonment,
who--
(1) with intent to interfere with air navigation within the United
States, exhibits within the United States any light or signal at such place
or in such manner that it is likely to be mistaken for a true light or
signal established pursuant to this chapter, or for a true light or signal
in connection with an airport or other air navigation facility; or
(2) after due warning by the Secretary of Transportation, continues to
maintain any misleading light or signal; or
(3) knowingly removes, extinguishes, or interferes with the operation of
any such true light or signal.
(d) Offering, granting, giving, soliciting, or accepting rebates or
concessions
(1) Any air carrier, foreign air carrier, or ticket agent, or any officer,
agent, employee, or representative thereof, who shall, knowingly and
willfully, offer, grant, or give, or cause to be offered, granted, or given,
any rebate or other concession in violation of the provisions of this
chapter, or who, by any device or means, shall, knowingly and willfully,
assist, or shall willingly suffer or permit, any person to obtain
transportation or services subject to this chapter at less than the rates,
fares, or charges lawfully in effect, shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be subject for each offense to a fine of
not less than $100 and not more than $5,000.
(2) Any person who, in any manner or by any device, knowingly and willfully
solicits, accepts, or receives a refund or remittance of any portion of the
rates, fares, or charges lawfully in effect for the air transportation of
property, or for any service in connection therewith, or knowingly solicits,
accepts, or receives any privilege, favor, or facility, with respect to
matters required by the Board to be specified in currently effective tariffs
applicable to the air transportation of property, shall be fined not less
than $100, nor more than $5,000, for each offense.
(e) Failure to file reports; falsification of records
(1) Whoever, being an air carrier, or an officer, agent, employee, or
representative of an air carrier, intentionally--
(A) fails to make a report or to keep an account, record, or
memorandum;
(B) falsifies, mutilates, or alters a report, account, record, or
memorandum; or
(C) files a false report, account, record, or memorandum;
under this chapter, shall be fined not more than $5,000 in the case of
an individual and not more than $10,000 in the case of a person other
than an individual.
(2) Whoever, being an air carrier, or an officer, agent, employee, or
representative of an air carrier, intentionally--
(A) falsifies or conceals a material fact; or
(B) invites reliance on a false statement or representation
concerning a material fact;
in a report, account, record, or memorandum under subchapter VI of this
chapter shall be fined under title 18 or imprisoned not more than 5 years,
or both.
(f) Divulging information; information to Congressional committees
If the Secretary of Transportation or any member of the Board, or any
officer or employee of either, shall knowingly and willfully divulge any fact
or information which may come to his knowledge during the course of an
examination of the accounts, records, and memoranda of any air carrier, or
which is withheld from public disclosure under section 1504 of this Appendix,
except as he may be directed by the Secretary of Transportation or the Board
in the case of information ordered to be withheld by either, or by a court of
competent jurisdiction or a judge thereof, he shall upon conviction thereof
be subject for each offense to a fine of not more than $5,000 or imprisonment
for not more than two years, or both: Provided, That nothing in this section
shall authorize the withholding of information by the Secretary of
Transportation or Board from the duly authorized committees of the Congress.
(g) Refusal to testify
Any person who shall neglect or refuse to attend and testify, or to answer
any lawful inquiry, or to produce books, papers, or documents, if in his
power to do so, in obedience to the subpena or lawful requirement of the
Board or Secretary of Transportation shall be guilty of a misdemeanor and,
upon conviction thereof, shall be subject to a fine of not less than $100 nor
more than $5,000, or imprisonment for not more than one year, or both.
(h) Safe transportation of hazardous materials
(1) In carrying out his responsibilities under this chapter, the Secretary
of Transportation may exercise the authority vested in him by section 1804 of
this Appendix to provide by regulation for the safe transportation of
hazardous materials by air.
(2) A person is guilty of an offense if he willfully delivers or causes to
be delivered to an air carrier or to the operator of a civil aircraft for
transportation in air commerce, or if he recklessly causes the transportation
in air commerce of, any shipment, baggage, or other property which contains a
hazardous material, in violation of any rule, regulation, or requirement with
respect to the transportation of hazardous materials issued by the Secretary
of Transportation under this chapter. Upon conviction, such person shall be
subject, for each offense, to a fine of not more than $25,000, imprisonment
for a term not to exceed 5 years, or both.
(3) Nothing in this subsection shall be construed to prohibit or regulate
the transportation by any individual, for personal use, of any firearm (as
defined in paragraph (4) of section 232 of title 18), or any ammunition
therefor.
(i) Aircraft piracy
(1) Whoever commits or attempts to commit aircraft piracy, as herein
defined, shall be punished--
(A) by imprisonment for not less than 20 years; or
(B) notwithstanding the provisions of section 3559(b) of title 18, if
the death of another person results from the commission or attempted
commission of the offense, by death or by imprisonment for life.
(2) As used in this subsection, the term "aircraft piracy" means any
seizure or exercise of control, by force or violence or threat of force or
violence, or by any other form of intimidation, and with wrongful intent, of
an aircraft within the special aircraft jurisdiction of the United States.
(3) An attempt to commit aircraft piracy shall be within the special
aircraft jurisdiction of the United States even though the aircraft is not in
flight at the time of such attempt if the aircraft would have been within the
special aircraft jurisdiction of the United States had the offense of
aircraft piracy been completed.
(j) Interference with flight crew members or flight attendants
Whoever, while aboard an aircraft within the special aircraft jurisdiction
of the United States, assaults, intimidates, or threatens any flight crew
member or flight attendant (including any steward or stewardess) of such
aircraft, so as to interfere with the performance by such member or attendant
of his duties or lessen the ability of such member or attendant to perform
his duties, shall be fined not more than $10,000 or imprisoned not more than
twenty years, or both. Whoever in the commission of any such act uses a
deadly or dangerous weapon shall be imprisoned for any term of years or for
life.
(k) Certain crimes aboard aircraft in flight
(1) Whoever, while aboard an aircraft within the special aircraft
jurisdiction of the United States, commits an act which, if committed within
the special maritime and territorial jurisdiction of the United States, as
defined in section 7 of title 18, would be in violation of section 113, 114,
661, 662, 1111, 1112, 1113, chapter 109A, or 2111 of such title 18 shall be
punished as provided therein.
(2) Whoever, while aboard an aircraft within the special aircraft
jurisdiction of the United States, commits an act, which, if committed in the
District of Columbia would be in violation of section 9 of the Act entitled
"An Act for the preservation of the public peace and the protection of
property within the District of Columbia", approved July 29, 1892, as amended
(D.C. Code, Sec. 22-1112), shall be punished as provided therein.
(l) Carrying weapons, loaded firearms, and explosives or incendiary devices
aboard aircraft
(1) With respect to any aircraft in, or intended for operation in air
transportation or intrastate air transportation, whoever--
(A) while aboard, or while attempting to board such aircraft has on or
about his person or his property a concealed deadly or dangerous weapon
which is, or could be, accessible to such person in flight;
(B) has placed, attempted to place, or attempted to have placed a loaded
firearm aboard such aircraft in baggage or other property which is not
accessible to passengers in flight; or
(C) has on or about his person, or who placed, attempted to place, or
attempted to have placed aboard such aircraft any bomb or similar explosive
or incendiary device;
shall be fined not more than $10,000 or imprisoned not more than one year, or
both.
(2) Whoever willfully and without regard for the safety of human life, or
with reckless disregard for the safety of human life, shall commit an act
prohibited by paragraph (1) of this subsection, shall be fined not more than
$25,000 or imprisoned not more than five years, or both.
(3) Paragraph (1)(A) of this subsection shall not apply to law enforcement
officers of any municipal or State government, or officers or employees of
the Federal Government, who are authorized or required within their official
capacities to carry arms, or to persons who may be authorized, under
regulations issued by the Secretary of Transportation, to carry deadly or
dangerous weapons in air transportation or intrastate air transportation; nor
shall it apply to persons transporting weapons (other than loaded firearms)
contained in baggage which is not accessible to passengers in flight if the
presence of such weapons has been declared to the air carrier.
(4) For purposes of this subsection--
(A) the term "firearm" means any starter gun and any weapon which is
designed to or has been converted to expel any projectile by the action of
an explosive; and
(B) the term "loaded firearm" means any firearm which has a cartridge, a
detonator, or powder in the chamber, magazine, cylinder, or clip of such
firearm.
(m) False information and threats
(1) Whoever willfully and maliciously, or with reckless disregard for the
safety of human life, imparts or conveys or causes to be imparted or conveyed
false information, knowing the information to be false and under
circumstances in which such information may reasonably be believed,
concerning an attempt or alleged attempt being made or to be made, to do any
act which would be a felony prohibited by subsection (i), (j), (k), or (l) of
this section, shall be fined not more than $25,000 or imprisoned not more
than five years, or both.
(2) Whoever imparts or conveys or causes to be imparted or conveyed any
threat to do an act which would be a felony prohibited by subsection (i),
(j), (k), or (l) of this section with an apparent determination and will to
carry the threat into execution shall be fined not more than $25,000 or
imprisoned not more than five years, or both.
(n) Aircraft piracy outside special aircraft jurisdiction of the United
States
(1) Whoever aboard an aircraft in flight outside the special aircraft
jurisdiction of the United States commits "an offense", as defined in the
Convention for the Suppression of Unlawful Seizure of Aircraft, and is
afterward found in the United States shall be punished--
(A) by imprisonment for not less than 20 years; or
(B) notwithstanding the provisions of section 3559(b) of title 18, if
the death of another person results from the commission or attempted
commission of the offense, by death or by imprisonment for life.
(2) A person commits "an offense", as defined in the Convention for the
Suppression of Unlawful Seizure of Aircraft when, while aboard an aircraft in
flight, he--
(A) unlawfully, by force or threat thereof, or by any other form of
intimidation, seizes, or exercises control of, that aircraft, or attempts
to perform any such act; or
(B) is an accomplice of a person who performs or attempts to perform any
such act.
(3) This subsection shall only be applicable if the place of takeoff or the
place of actual landing of the aircraft on board which the offense, as
defined in paragraph (2) of this subsection, is committed is situated outside
the territory of the State of registration of that aircraft.
(4) For purposes of this subsection an aircraft is considered to be in
flight from the moment when all the external doors are closed following
embarkation until the moment when one such door is opened for disembarkation,
or in the case of a forced landing, until the competent authorities take over
responsibility for the aircraft and for the persons and property aboard.
(o) Investigations by Federal Bureau of Investigation
Violations of subsections (i) through (n), inclusive, and subsection (r)
of this section shall be investigated by the Federal Bureau of
Investigation of the Department of Justice.
(p) Interference with aircraft accident investigation
Any person who knowingly and without authority removes, conceals, or
withholds any part of a civil aircraft involved in an accident, or any
property which was aboard such aircraft at the time of the accident, shall be
fined in accordance with title 18 or imprisoned not more than 10 years or
both.
(q) Lighting violations in connection with transportation of controlled
substances
(1) Description of violation
It shall be unlawful, in connection with an act described in paragraph
(2) and with knowledge of such act, for any person to knowingly and
willfully operate an aircraft in violation of any rule, regulation, or
requirement issued by the Administrator with respect to the display of
navigation or anticollision lights.
(2) Relationship to controlled substance offenses
The act referred to in paragraph (1) is the transportation by aircraft
of any controlled substance or the aiding or facilitating of a
controlled substance offense where such act is punishable by death or
imprisonment for a term exceeding one year under a State or Federal law
or is provided in connection with any act that is punishable by death
or imprisonment for a term exceeding one year under a State or Federal
law relating to a controlled substance (other than a law relating to
simple possession of a controlled substance).
(3) Penalty
A person violating this subsection shall be subject to a fine not
exceeding $25,000, or imprisonment not exceeding 5 years, or both.
(r) Secured areas of airports
(1) Violation
It shall be unlawful for any person to knowingly and willfully enter an
aircraft or an airport area that serves air carriers or foreign air
carriers contrary to security requirements established pursuant to
section 1356 or 1357 of this Appendix.
(2) General penalty
Upon conviction of a violation of paragraph (1), a person shall be
subject to imprisonment for a term not to exceed 1 year or a fine not to
exceed $1,000, or both.
(3) Penalty for violations in connection with felonies
If any person violates paragraph (1) of this subsection with the intent
to commit in the aircraft or secured area an act punishable as a felony
under Federal or State law, such person shall be subject to imprisonment
for a term not to exceed 10 years or a fine not to exceed $10,000, or
both.
(Pub. L. 85-726, title IX, Sec. 902, Aug. 23, 1958, 72 Stat. 784; Pub. L. 87-
197, Sec. 1, Sept. 5, 1961, 75 Stat. 466; Pub. L. 87-528, Sec. 13, July 10,
1962, 76 Stat. 150; Pub. L. 87-810 Sec. 4, Oct. 15, 1962, 76 Stat. 921; Pub.
L. 89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 91-449, Sec.
1(3), Oct. 14, 1970, 84 Stat. 921; Pub. L. 93-366, title I, Secs. 103, 104,
title II, Sec. 203, Aug. 5, 1974, 88 Stat. 410, 411, 417; Pub. L. 93-623,
Sec. 8(b), Jan. 3, 1975, 88 Stat. 2105; Pub. L. 93-633, title I, Sec. 113(c),
Jan. 3, 1975, 88 Stat. 2162; Pub. L. 96-193, title V, Sec. 502, Feb. 18,
1980, 94 Stat. 59; Pub. L. 98-473, title II, Secs. 232A, 2014(c), (d)(1),
Oct. 12, 1984, 98 Stat. 2031, 2189, 2190; Pub. L. 98-499, Secs. 5(a), 6,
Oct. 19, 1984, 98 Stat. 2315, 2316; Pub. L. 99-570, title III, Sec.
3401(a)(1), (b)(1), Oct. 27, 1986, 100 Stat. 3207-99, 3207-100; Pub. L.
99-646, Sec. 87(d)(8), Nov. 10, 1986, 100 Stat. 3624; Pub. L. 99-654, Sec.
3(b)(8), Nov. 14, 1986, 100 Stat. 3664; Pub. L. 100-121, Sept. 30, 1987, 101
Stat. 792; Pub. L. 100-223, title II, Sec. 204(e), (f), Dec. 30, 1987, 101
Stat. 1520; Pub. L. 100-690, title VII, Sec. 7209(a), (b)(1), (c)(1), (2)(A),
Nov. 18, 1988, 102 Stat. 4429-4432.)
References in Text
The Controlled Substances Act, referred to in subsec. (b)(4), is Pub. L.
91-513, title II, Oct. 27, 1970, 84 Stat. 1242, as amended, which is
classified generally to chapter 13 ( Sec. 801 et seq.) of Title 21, Food and
Drugs. For complete classification of this Act to the Code, see Short Title
note set out under section 801 of Title 21 and Tables.
The customs laws, referred to in subsec. (q)(5), are classified generally
to Title 19, Customs Duties.
Amendments
1988--Subsec. (b). Pub. L. 100-690, Sec. 7209(a), substituted in heading
"Forgery of certificates, false marking of aircraft registration violations"
for "Forgery of certificates and false marking of aircraft; State criminal
penalties".
Subsec. (b)(1). Pub. L. 100-690, Sec. 7209(a), amended par. (1) generally.
Prior to amendment, par. (1) read as follows: "(1) Except as provided in
paragraph (2), any person who knowingly and willfully forges, counterfeits,
alters, or falsely makes any certificate authorized to be issued under this
chapter, or knowingly sells, uses, attempts to use, or possesses with the
intent to use any such fraudulent certificate, and any person who knowingly
and willfully displays or causes to be displayed on any aircraft, any marks
that are false or misleading as to the nationality or registration of the
aircraft, shall be subject to a fine of not exceeding $1,000 or to
imprisonment not exceeding three years, or to both such fine and
imprisonment."
Subsec. (b)(2). Pub. L. 100-690, Sec. 7209(a), amended par. (2) generally.
Prior to amendment, par. (2) read as follows:
"(2)(A) Any person who violates paragraph (1) of this subsection (other than
by selling a fraudulent certificate) with the intent to commit a crime
punishable by death or imprisonment for a term exceeding one year under a
State or Federal law relating to a controlled substance (other than any law
relating to simple possession of a controlled substance) shall be subject to
a fine not exceeding $25,000 or to imprisonment not exceeding five years, or
both.
"(B) Any person who violates paragraph (1) of this subsection by selling a
fraudulent certificate with the knowledge that the purchaser intends to use
such certificate in connection with the commission of a crime punishable by
death or imprisonment for a term exceeding one year under a State or Federal
law relating to controlled substances (other than any law relating to simple
possession of a controlled substance) shall be subject to a fine not
exceeding $25,000 or to imprisonment not exceeding five years, or both.
"(C) For purposes of this paragraph, the term 'controlled substance' has the
meaning given such term by section 802(6) of title 21.".
Subsec. (b)(3). Pub. L. 100-690, Sec. 7209(a), added par. (3). Former par.
(3) redesignated par. (5).
Subsec. (b)(4). Pub. L. 100-690, Sec. 7209(a), added par. (4).
Subsec. (b)(5). Pub. L. 100-690, Sec. 7209(a), (b)(1), redesignated par.
(3) as par. (5), inserted heading, and realigned margins.
Subsec. (q). Pub. L. 100-690, Sec. 7209(c)(1)(A), substituted "Lighting
violations in" for "Violations in" in subsec. heading.
Subsec. (q)(1). Pub. L. 100-690, Sec. 7209(c)(1)(A), amended par. (1)
generally. prior to amendment, par. (1) consisted of subpars. (A) to (F)
relating to to violations with regard to registration, airman certificates,
FAA lighting requirements, and unauthorized fuel tank or fuel system
installation or modification.
Subsec. (q)(2). Pub. L. 100-690, Sec. 7209(c)(1)(A)(i), inserted
"Relationship to Controlled Substance Offenses" before "The act" in par.
(2); and inserted "Penalty" before "A person" in par. (3); and aligned pars.
with par (1) of such section as amended.
Subsec. (q)(4)-(6). Pub. L. 100-690, Sec. 7209(c)(1)(B), stuck out pars.
(4)-(6). Prior to amendment, pars. (4)-(6) read as follows:
"(4) A person who, in connection with transportation described in paragraph
(2), operates an aircraft on which a fuel tank or fuel system has been
installed or modified and does not carry aboard the aircraft any
certificate required to be issued by the Administrator for such
installation or modification shall be presumed to have violated
subparagraph (F) of paragraph (1).
"(5) In the case of a violation of subparagraph (F) of paragraph (1), the
fuel tank or fuel system and the aircraft involved shall be subject to
seizure and forfeiture. The provisions of law relating to--
"(A) the seizure, summary and judicial forfeiture, and condemnation of
property for violation of the customs laws;
"(B) the disposition of such property or the proceeds from the sale
thereof;
"(C) the remission or mitigation of such forfeitures; and
"(D) the compromise of claims and the award of compensation to informers
in respect of such forfeitures;
"shall apply to seizures and forfeitures under this paragraph. The Secretary
may authorize such officers and agents as are necessary to carry out seizures
and forfeitures under this paragraph and such officers and agents shall have
the powers and duties given to customs officers with respect to the seizure
and forfeiture of property under the customs laws.
"(6) For purposes of this subsection, the term 'controlled substance' has
the meaning given to such term by section 802 of title 21.".
1987--Subsec. (e). Pub. L. 100-121 amended subsec. (e) generally. Prior
to amendment, subsec. (e) read as follows: "Any air carrier, or any
officer, agent, employee, or representative thereof, who shall, knowingly
and willfully, fail or refuse to make a report to the Board or Secretary
of Transportation as required by this chapter, or to keep or preserve
accounts, records, and memoranda in the form and manner prescribed or
approved by the Board or Secretary of Transportation, or shall, knowingly
and willfully, falsify, mutilate, or alter any such report, account, record,
or memorandum, shall be deemed guilty of a misdemeanor and, upon conviction
thereof, be subject for each offense to a fine of not less than $100 and
not more than $5,000."
Subsec. (o). Pub. L. 100-223, Sec. 204(f)(1), inserted "and subsection (r)
of this section" after "inclusive,".
Subsec. (p). Pub. L. 100-223, Sec. 204(e), substituted "shall be fined in
accordance with title 18 or imprisoned not more than 10 years, or both" for
"shall be subject to a fine of no less than $100 nor more than $5000, or
imprisonment for not more than one year, or both".
Subsec. (r). Pub. L. 100-223, Sec. 204(f)(2), added subsec. (r).
1986--Subsec. (b)(3). Pub. L. 99-570, Sec. 3401(a)(1), added par. (3).
Subsec. (k)(1). Pub. L. 99-646 and Pub. L. 99-654, amended par. (1)
identically, substituting "chapter 109A" for "2031, 2032".
Subsec. (q). Pub. L. 99-570, Sec. 3401(b)(1), amended subsec. (q)
generally. Prior to amendment, subsec. (q) read as follows: "Any person who
knowingly and willfully serves in any capacity as an airman without an airman
certificate authorizing him to serve in such capacity, in connection with the
transportation by aircraft of any controlled substance, where (1) such
transportation is punishable by death or imprisonment for a term exceeding
one year under a State or Federal law or is provided in connection with any
act that is punishable by death or imprisonment for a term exceeding one year
under a State or Federal law relating to a controlled substance (other than
any law relating to simple possession of a controlled substance), and (2)
such person has knowledge of such transportation, shall be subject to a fine
not exceeding $25,000 or to imprisonment not exceeding five years, or to both
such fine and imprisonment. For purposes of this subsection, the term
'controlled substance' has the meaning given such term by section 802(6) of
title 21."
1984--Subsec. (b). Pub. L. 98-499, Sec. 6, designated existing provisions
as par. (1), substituted "Except as provided in paragraph (2), any person
who" for "Any person who", substituted "sells, uses, attempts to use or
possesses with the intent to use" for "uses or attempts to use" before "any
such fraudulent certificate", and added par. (2).
Subsec. (i)(1)(B). Pub. L. 98-473, Sec. 232A, inserted reference to
provisions of section 3559(b) of title 18.
Subsec. (l)(1). Pub. L. 98-473, Sec. 2014(c)(1), substituted "$10,000" for
"$1,000".
Subsec. (l)(2). Pub. L. 98-473, Sec. 2014(c)(2), substituted "$25,000" for
"$5,000".
Subsec. (m)(1). Pub. L. 98-473, Sec. 2014(d)(1), substituted provisions
making it unlawful to willfully and maliciously or with reckless disregard
for the safety of human life, impart or convey false information concerning
an act prohibited under subsecs. (i) to (l) of this section and providing for
a $25,000 maximum fine or imprisonment for not more than five years or both
for former provisions which also made it unlawful to impart such information
and provided for a fine of not more than $1,000 or imprisonment for not more
than one year or both.
Subsec. (m)(2). Pub. L. 98-473, Sec. 2014(d)(1), substituted provisions
making it unlawful to convey or impart a threat to do an act which would be a
felony under subsecs. (i) to (l) of this section and providing for penalties
therefor for former provisions which made it unlawful to willfully and
maliciously or with reckless disregard for human life impart or convey
information regarding acts prohibited under subsecs. (i) to (l) of this
section and providing for penalties therefor.
Subsec. (n)(1)(B). Pub. L. 98-473, Sec. 232A, inserted reference to
provisions of section 3559(b) of title 18.
Subsec. (q). Pub. L. 98-499, Sec. 5(a), added subsec. (q).
1980--Subsec. (l)(1). Pub. L. 96-193, Sec. 502(a), substituted provisions
relating to prohibitions against carrying weapons, loaded firearms, and
explosives or incendiary devices for provisions relating to prohibitions
against carrying weapons or explosives.
Subsec. (l)(3). Pub. L. 96-193, Sec. 502(b), added "officers or employees
of" preceding "the Federal", and "(other than loaded firearms)" following
"persons transporting weapons", and substituted "Paragraph (1)(A) of this"
for "This".
Subsec. (l)(4). Pub. L. 96-193, Sec. 502(c), added par. (4).
1975--Subsec. (d). Pub. L. 93-623 designated existing provisions as par.
(1), and added par. (2).
Subsec. (h). Pub. L. 93-633 added par. (1) authorization of the Secretary
of Transportation to provide by regulation for safe transportation of
hazardous materials by air; incorporated former par. (1) provisions in par.
(2), substituted willfulness for knowingly and included recklessness as
elements of the offense, substituted provision for application of the offense
to hazardous materials rather than to explosives or other dangerous articles,
increased the limits of the penalty to $25,000 and to five years imprisonment
or both for prior limitations set at $1,000 or one year imprisonment or both
and set at $10,000 or ten years imprisonment or both in cases of death or
bodily injury resulting from an offense hereunder; deleted former par. (2)
authorization of Administrator adoption and termination of regulations of the
Interstate Commerce Commission relating to transportation, etc., of
explosives or other dangerous articles to shipment and carriage by air of
such articles, and made such regulations the regulations of the
Administrator; and added par. (3) provisions respecting transportation of
firearms and ammunition therefor for personal use.
1974--Subsec. (i)(1). Pub. L. 93-366, Sec. 104(a), substituted provisions
authorizing the imposition of imprisonment for not less than 20 years, or the
death penalty or life imprisonment, where the death of another person
resulted from the commission or attempted commission of the offense, for
provisions authorizing the imposition of the death penalty if the verdict of
the jury so recommended, or, in the case of guilty plea, or a not guilty plea
where the defendant waived a jury trial, if the court in its discretion so
ordered, or imprisonment for not less than 20 years, if the death penalty was
not imposed.
Subsec. (i)(2). Pub. L. 93-366, Sec. 103(a), added "or by any other form of
intimidation" following "threat of force or violence".
Subsec. (i)(3). Pub. L. 93-366, Sec. 104(b), added subsec. (i)(3).
Subsec. (l). Pub. L. 93-366, Sec. 203, reorganized former provisions by
designating prohibited activities as cl. (1) and, as so designated added
requirement that weapon is, or would be, accessible in flight and expanded
activities subject to penalties to include placing, attempting to place,
etc., aboard the aircraft any bomb, or similar explosive or incendiary
device, and designating exceptions as cl. (3) and, as so designated, added
exception relating to weapons not accessible to passengers in flight if their
presence was declared to the air carrier, and added provisions designated as
cl. (2).
Subsec. (n). Pub. L. 93-366, Sec. 103(b), added subsec. (n). Former subsec.
(n) redesignated (o).
Subsec. (o). Pub. L. 93-366, Sec. 103(b), (c), redesignated subsec. (n) as
(o) and, so redesignated, substituted "(n) for "(m). Former subsec. (o)
redesignated as (p).
Subsec. (p). Pub. L. 93-366, Sec. 103(b), redesignated subsec. (o) as (p).
1970--Subsecs. (i), (j) and (k). Pub. L. 91-449 substituted "within the
special aircraft jurisdiction of the United States", for "in flight in air
commerce" in subsecs. (i), (j) and (k), wherever appearing.
1962--Subsec. (a). Pub. L. 87-528 inserted "by the Administrator or by the
Board" and included violations of section 1474 of this title within the
subsection.
Subsec. (o). Pub. L. 87-810 added subsec, (o).
1961--Subsecs. (i) to (n). Pub. L. 87-197 added subsecs. (i) to (n).
Effective Date of 1986 Amendments
Amendment by Pub. L. 99-646 and Pub. L. 99-654 effective 30 days after Nov.
10, 1986, see section 87(e) of Pub. L. 99-646 and section 4 of Pub. L. 99-
654, set out as an Effective Date note under section 2241 of Title 18, Crimes
and Criminal Procedure.
Effective Date of 1984 Amendments
Amendment by Pub. L. 98-499 applicable with respect to acts and violations
occurring after Oct. 19, 1984, see section 7 of Pub. L. 98-499 set out as a
note under section 1401 of this Appendix.
Amendment by section 2014 of Pub. L. 98-473 effective Oct. 12, 1984, see
section 2015 of Pub. L. 98-473, set out as a note under section 31 of Title
18, Crimes and Criminal Procedure.
Effective Date of 1975 Amendment; Continuance of Prior Provisions; Two Year
Limitation After Jan. 3, 1975, for Arrangements, Including Licenses, etc., To
Comply With Pub. L. 93-633; Pending Proceedings Unaffected
Amendment by Pub. L. 93-633 effective Jan. 3, 1975, except as otherwise
provided, see section 114 of Pub. L. 93-633, set out as an Effective Date of
1975 Amendment note under section 1801 of this Appendix.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Section 1551(a)(5)(D) of this Appendix provides that subsecs. (d), (e),
(g), (h), and (i) of this section (and the authority of the Board with
respect to such provisions) shall cease to be in effect on Jan. 1, 1985,
except insofar as any of such provisions relate to foreign air
transportation.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsecs. (a), (c)(2), (e), (f), (g), and (l)(3), "Secretary of
Transportation" was substituted for "Administrator" (meaning Federal Aviation
Administrator) on authority of section 6(c)(1) of Pub. L. 89-670, in view of
the transfer of all functions, powers, and duties of the Federal Aviation
Agency and of the Administrator and other offices and officers thereof to the
Secretary of Transportation, with the functions, powers, and duties of the
Secretary of Transportation pertaining to aviation safety under this
subchapter to be exercised by the Federal Aviation Administrator in the
Department of Transportation. See section 106 of Title 49, Transportation.
Limitation on Applicability of Provisions of Pub. L. 100-690
Amendment by Pub. L. 100-690 only applicable to aircreaft which are not
used to provide air transportation, as defined in section 1301 of this
Appendix, see section 7214 of Pub. L. 100-690, set out as a note under
section 1303 of this Appendix.
Aircraft Piracy
The United States is a party to the Convention for the Suppression of
Unlawful Seizure of Aircraft, signed at The Hague, Dec. 16, 1970, entered
into force as to the United States, Oct. 14, 1971, 22 U.S.C. 1641.
Hazardous Substances
Federal Hazardous Substances Act as not modifying this section, see Pub. L.
86-613, Sec. 18, formerly Sec. 17, July 12, 1960, 74 Stat. 380, set out as an
Effect Upon Federal and State Law note under section 1261 of Title 15,
Commerce and Trade.
Cross References
Penalties for violation of security provisions, see section 1523 of this
Appendix.
Sec. 1473. Venue and prosecution of offenses; procedures in respect of civil
and aircraft piracy penalties
(a) District of offense or district of arrest
The trial of any offense under this chapter shall be in the district in
which such offense is committed; or, if the offense is committed out of the
jurisdiction of any particular State or district, the trial shall be in the
district where the offender, or any one of two or more joint offenders, is
arrested or is first brought. If such offender or offenders are not so
arrested or brought into any district, an indictment or information may be
filed in the district of the last known residence of the offender or of any
one of two or more joint offenders, or if no such residence is known the
indictment or information may be filed in the District of Columbia. Whenever
the offense is begun in one jurisdiction and completed in another, or
committed in more than one jurisdiction, it may be dealt with, inquired of,
tried, determined, and punished in any jurisdiction in which such offense was
begun, continued, or completed, in the same manner as if the offense had been
actually and wholly committed therein.
(b) Procedure in respect of civil penalties
(1) Any civil penalty imposed or assessed under this chapter may be
collected by proceedings in personam against the person subject to the
penalty and, in case the penalty is a lien, by proceedings in rem against the
aircraft, or by either method alone. Such proceedings shall conform as nearly
as may be to civil suits in admiralty, except that with respect to
proceedings involving penalties other than those assessed by the Board,
either party may demand trial by jury of any issue of fact, if the value in
controversy exceeds $20, and the facts so tried shall not be reexamined other
than in accordance with the rules of the common law. The fact that in a libel
in rem the seizure is made at a place not upon the high seas or navigable
waters of the United States shall not be held in any way to limit the
requirement of the conformity of the proceedings to civil suits in rem in
admiralty.
(2) Any aircraft subject to such lien may be summarily seized by and placed
in the custody of such persons as the Board or Secretary of Transportation
may by regulation prescribe, and a report of the cause shall thereupon be
transmitted to the United States attorney for the judicial district in which
the seizure is made. The United States attorney shall promptly institute
proceedings for the enforcement of the lien or notify the Board or Secretary
of Transportation of his failure to so act.
(3) The aircraft shall be released from such custody upon payment of the
penalty or the amount agreed upon in compromise; or seizure in pursuance of
process of any court in proceedings in rem for enforcement of the lien, or
notification by the United States attorney of failure to institute such
proceedings; or deposit of a bond in such amount and with such sureties as
the Board or Secretary of Transportation may prescribe, conditioned upon the
payment of the penalty or the amount agreed upon in compromise.
(4) The Supreme Court of the United States, and under its direction other
courts of the United States, may prescribe rules regulating such proceedings
in any particular not provided by law.
(c) Procedure in respect of aircraft piracy penalties
(1) A person shall be subjected to the penalty of death for any offense
prohibited by section 1472(i) or 1472(n) of this Appendix only if a hearing
is held in accordance with this subsection.
(2) When a defendant is found guilty of or pleads guilty to an offense
under section 1472(i) or 1472(n) of this Appendix for which one of the
sentences provided is death, the judge who presided at the trial or before
whom the guilty plea was entered shall conduct a separate sentencing hearing
to determine the existence or nonexistence of the factors set forth in
paragraphs (6) and (7), for the purpose of determining the sentence to be
imposed. The hearing shall not be held if the Government stipulates that none
of the aggravating factors set forth in paragraph (7) exists or that one or
more of the mitigating factors set forth in paragraph (6) exists. The
hearings shall be conducted--
(A) before the jury which determined the defendant's guilt;
(B) before a jury impaneled for the purpose of the hearing if--
(i) the defendant was convicted upon a plea of guilty;
(ii) the defendant was convicted after a trial before the court sitting
without a jury; or
(iii) the jury which determined the defendant's guilt has been
discharged by the court for good cause; or
(C) before the court alone, upon the motion of the defendant and with the
approval of the court and of the Government.
(3) In the sentencing hearing the court shall disclose to the defendant or
his counsel all material contained in any presentence report, if one has been
prepared, except such material as the court determines is required to be
withheld for the protection of human life or for the protection of the
national security. Any presentence information withheld from the defendant
shall not be considered in determining the existence or the nonexistence of
the factors set forth in paragraph (6) or (7). Any information relevant to
any of the mitigating factors set forth in paragraph (6) may be presented by
either the Government or the defendant, regardless of its admissibility under
the rules governing admission of evidence at criminal trials; but the
admissibility of information relevant to any of the aggravating factors set
forth in paragraph (7) shall be governed by the rules governing the admission
of evidence at criminal trials. The Government and the defendant shall be
permitted to rebut any information received at the hearing, and shall be
given fair opportunity to present argument as to the adequacy of the
information to establish the existence of any of the factors set forth in
paragraph (6) or (7). The burden of establishing the existence of any of the
factors set forth in paragraph (7) is on the Government. The burden of
establishing the existence of any of the factors set forth in paragraph (6)
is on the defendant.
(4) The jury or, if there is no jury, the court shall return a special
verdict setting forth its findings as to the existence or nonexistence of
each of the factors set forth in paragraph (6) and as to the existence or
nonexistence of each of the factors set forth in paragraph (7).
(5) If the jury or, if there is no jury, the court finds by a preponderance
of the information that one or more of the factors set forth in paragraph (7)
exists and that none of the factors set forth in paragraph (6) exists, the
court shall sentence the defendant to death. If the jury or, if there is no
jury, the court finds that none of the aggravating factors set forth in
paragraph (7) exists, or finds that one or more of the mitigating factors set
forth in paragraph (6) exists, the court shall not sentence the defendant to
death but shall impose any other sentence provided for the offense for which
the defendant was convicted.
(6) The court shall not impose the sentence of death on the defendant if
the jury or, if there is no jury, the court finds by a special verdict as
provided in paragraph (4) that at the time of the offense--
(A) he was under the age of eighteen;
(B) his capacity to appreciate the wrongfulness of his conduct or to
conform his conduct to the requirements of law was significantly impaired,
but not so impaired as to constitute a defense to prosecution;
(C) he was under unusual and substantial duress, although not such duress
as to constitute a defense to prosecution;
(D) he was a principal (as defined in section 2(a) of title 18) in the
offense, which was committed by another, but his participation was
relatively minor, although not so minor as to constitute a defense to
prosecution; or
(E) he could not reasonably have foreseen that his conduct in the course
of the commission of the offense for which he was convicted would cause, or
would create a grave risk of causing death to another person.
(7) If no factor set forth in paragraph (6) is present, the court shall
impose the sentence of death on the defendant if the jury or, if there is no
jury, the court finds by a special verdict as provided in paragraph (4)
that--
(A) the death of another person resulted from the commission of the
offense but after the defendant had seized or exercised control of the
aircraft; or
(B) the death of another person resulted from the commission or attempted
commission of the offense, and--
(i) the defendant has been convicted of another Federal or State
offense (committed either before or at the time of the commission or
attempted commission of the offense) for which a sentence of life
imprisonment or death was imposable;
(ii) the defendant has previously been convicted of two or more State
or Federal offenses with a penalty of more than one year imprisonment
(committed on different occasions before the time of the commission or
attempted commission of the offense), involving the infliction of serious
bodily injury upon another person;
(iii) in the commission or attempted commission of the offense, the
defendant knowingly created a grave risk of death to another person in
addition to the victim of the offense or attempted offense; or
(iv) the defendant committed or attempted to commit the offense in an
especially heinous, cruel, or depraved manner.
(Pub. L. 85-726, title IX, Sec. 903, Aug. 23, 1958, 72 Stat. 786; Pub. L. 87-
197, Sec. 2, Sept. 5, 1961, 75 Stat. 467; Pub. L. 89-670, Sec. 6(c)(1), Oct.
15, 1966, 80 Stat. 937; Pub. L. 93-366, title I, Sec. 105, Aug. 5, 1974, 88
Stat. 411; Pub. L. 95-504, Sec. 36, Oct. 24, 1978, 92 Stat. 1741.)
Amendments
1978--Subsec. (b). Pub. L. 95-504 added provisions for penalties assessed
by the Board.
1974--Subsec. (c). Pub. L. 93-366 added subsec. (c).
1961--Subsec. (a). Pub. L. 87-197 substituted provision for trial of an
offense committed out of the jurisdiction of any particular State or district
in the district where the offender, or any one of two or more offenders, is
arrested or is first brought, for provision directing trial of an offense
committed upon the high seas or out of the jurisdiction of any particular
State or district in the district where the offender may be found or into
which he shall be first brought, and inserted provisions for the filing of
indictment or information in the district of the last known residence of the
offender or any one of two or more joint offenders, or if no such residence
is known, in the District of Columbia, and for trial of offenses, including
offenses committed in more than one jurisdiction, in the jurisdiction
described in the section, including the jurisdiction in which the offense was
continued.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsec. (b)(2), (3), "Secretary of Transportation" was substituted for
"Administrator" (meaning Federal Aviation Administrator) on authority of
section 6(c)(1) of Pub. L. 89-670, in view of the transfer of all functions,
powers, and duties of the Federal Aviation Agency and of the Administrator
and other offices and officers thereof to the Secretary of Transportation,
with the functions, powers, and duties of the Secretary of Transportation
pertaining to aviation safety under to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Federal Rules of Civil Procedure
Admiralty and maritime rules of practice (which included libel procedures)
were superseded, and civil and admiralty procedures in United States district
courts were unified, effective July 1, 1966, see rule 1 and Supplemental
Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix,
Judiciary and Judicial Procedure.
Sec. 1474. Violations of section 1509
(a) Any person who (1) violates any entry or clearance regulation made
under section 1509(c) of this Appendix, or (2) any immigration regulations
made under such section, shall be subject to a civil penalty of $5,000 which
may be remitted or mitigated by the Secretary of the Treasury, or the
Attorney General, respectively, in accordance with such proceedings as the
Secretary or Attorney General shall by regulation prescribe. Any person
violating any customs regulation made under section 1509(b) of this Appendix,
or any provision of the customs or public-health laws or regulations
thereunder made applicable to aircraft by regulation under such section shall
be subject to a civil penalty of $5,000, and any aircraft used in connection
with any such violation shall be subject to seizure and forfeiture as
provided for in such customs laws, which penalty and forfeiture may be
remitted or mitigated by the Secretary of the Treasury. In addition to any
other penalty, if any controlled substance described in section 1584 of title
19 is found on board of, or to have been unladen from, an aircraft subject to
section 1509(b) and (c) of this Appendix, the owner or person in charge of
such aircraft shall be subject to the penalties provided for in section 1584
of title 19, unless such owner or person is able to demonstrate, by a
preponderance of the evidenced,/1/ that such owner or person did not know,
and could not, by the exercise of the highest degree of care and diligence,
have known, that any such controlled substance was on board. In the case the
violation is by the owner, operator, or person in command of the aircraft,
any penalty imposed by this section shall be a lien against the aircraft. Any
person violating any provision of the laws and regulations relating to animal
and plant quarantine made applicable to civil air navigation by regulation in
accordance with section 1509(d) of this Appendix shall be subject to the same
penalties as those provided by the said laws for violations thereof. Any
civil penalty imposed under this section may be collected by proceedings in
personam against the person subject to the penalty and/or in case the penalty
is a lien, by proceedings in rem against the aircraft. Such proceedings shall
conform as nearly as may be to civil suits in admiralty; except that either
party may demand trial by jury of any issue of fact, if the value in
controversy exceeds $20, and facts so tried shall not be reexamined other
than in accordance with the rules of the common law. The fact that in a libel
in rem the seizure is made at a place not upon the high seas or navigable
waters of the United States, shall not be held in any way to limit the
requirement of the conformity of the proceedings to civil suits in rem in
admiralty. The Supreme Court of the United States, and under its direction
other courts of the United States, are authorized to prescribe rules
regulating such proceedings in any particular not provided by law. The
determination under this section as to the remission or mitigation of a civil
penalty imposed under this section shall be final. In case libel proceedings
are pending at any time during the pendency of remission or mitigation
proceedings, the Secretary or Attorney General shall give notice thereof to
the United States attorney prosecuting the libel proceedings.
NOTE /1/ So in original. Probably should be "evidence,".
(b) Any aircraft subject to a lien for any civil penalty imposed under this
section may be summarily seized by and placed in the custody of such persons
as the appropriate Secretary or Attorney General may by regulation prescribe
and a report of the case thereupon transmitted to the United States attorney
for the judicial district in which the seizure is made. The United States
attorney shall promptly institute proceedings for the enforcement of the lien
or notify the Secretary of his failure so to act. The aircraft shall be
released from such custody upon (1) payment of the penalty or so much thereof
as is not remitted or mitigated, (2) seizure in pursuance of process of any
court in proceedings in rem for enforcement of the lien, or notification by
the United States attorney of failure to institute such proceedings, or (3)
deposit of a bond in such amount and with such sureties as the Secretary or
Attorney General may prescribe, conditioned upon the payment of the penalty
or so much thereof as is not remitted or mitigated.
(Pub. L. 85-726, title IX, Sec. 904, Aug. 23, 1958, 72 Stat. 787; Pub. L.
99-570, title III, Sec. 3401(c), Oct. 27, 1986, 100 Stat. 3207-101.)
Amendments
1986--Subsec. (a). Pub. L. 99-570 substituted "$5,000" for "$500" in two
places, inserted provisions for liability of owner or person in charge of
aircraft on which is found, or from which has been unladen, a controlled
substance described in section 1584 of title 19, unless owner or person
demonstrates, by preponderance of evidence, that owner or person did not
know, and could not, by exercise of highest degree of care and diligence,
have known, that such substance was on board, and substituted "In the case
the violation is by the owner, operator, or person in command of the
aircraft, any penalty imposed by this section shall be a lien against the
aircraft" for "In case the violation is by the owner or person in command of
the aircraft, the penalty shall be a lien against the aircraft".
Federal Rules of Civil Procedure
Admiralty and maritime rules of practice (which included libel procedures)
were superseded, and civil and admiralty procedures in United States district
courts were unified, effective July 1, 1966, see rule 1 and Supplemental
Rules for Certain Admiralty and Maritime Claims, Title 28, Appendix,
Judiciary and Judicial Procedure.
Sec. 1475. Repealed. Pub. L. 102-345, Sec. 2(b), Aug. 26, 1992, 106 Stat.
925
Section, Pub. L. 85-726, title IX, Sec. 905, as added Pub. L. 100-223,
title II, Sec. 204(g), Dec. 30, 1987, 101 Stat. 1520, and amended Pub. L.
101-236, Sec. 1, Dec. 15, 1989, 103 Stat. 2060; Pub. L. 101-281, Sec.
1(a), May 4, 1990, 104 Stat. 164; Pub. L. 101-370, Sec. 1, Aug. 15, 1990,
104 Stat. 451, related to civil penalty assessment demonstration program.
Continuation of Former Programs with Respect to Preenactment Violations
Nothwithstanding section 1471(a), (b) of this Appendix, sections 901(a)(3)
and 905 of the Federal Aviation Act of 1958 as in effect on July 31, 1992,
shall continue in effect on and after such date of enactment with respect to
violations of the Federal Aviation Act of 1958 occurring before such date of
enactment, see section 2(c) of Pub. L. 102-345 set out as a note under
section 1471 of this Appendix.
SUBCHAPTER X--PROCEDURE
Sec. 1481. Conduct of proceedings
The Board and the Secretary of Transportation, subject to the provisions of
this chapter and subchapter II of chapter 5, and chapter 7, of title 5, may
conduct their proceedings in such manner as will be conducive to the proper
dispatch of business and to the ends of justice. No member of the Board or
the Secretary of Transportation shall participate in any hearing or
proceeding in which he has a pecuniary interest. Any person may appear before
the Board or the Secretary of Transportation and be heard in person or by
attorney. The Board, in its discretion, may enter its appearance and
participate as an interested party in any proceeding conducted by the
Secretary of Transportation under subchapter III of this chapter, and in any
proceeding conducted by the Secretary of Transportation under subchapter VI
of this chapter from which no appeal is provided to the National
Transportation Safety Board. Every vote and official act of the Board and the
Secretary of Transportation shall be entered of record, and the proceedings
thereof shall be open to the public upon request of any interested party,
unless the Board or the Secretary of Transportation determines that secrecy
is requisite on grounds of national defense.
(Pub. L. 85-726, title X, Sec. 1001, Aug. 23, 1958, 72 Stat. 788; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal
Aviation Act of 1958. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this Appendix and Tables.
Codification
"Subchapter II of chapter 5, and chapter 7, of title 5" was substituted for
"the Administrative Procedure Act" on authority of Pub. L. 89-554, Sec. 7(b),
Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5,
Government Organization and Employees.
Effective Date
Subchapter effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administration] first appointed under this chapter qualifies and takes
office, see section 1505(2) of Pub. L. 85-726, set out as a note under
section 1301 of this Appendix. The Administrator was appointed, qualified,
and took office on Oct. 31, 1958.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"National Transportation Safety Board" was substituted for "Board" at the
end of the fourth sentence on authority of section 6(c)(1) of Pub. L.89-670,
which is classified to section 1655(d) of this Appendix, and which
transferred all functions, duties, and powers of the Civil Aeronautics Board
under subchapter VI of this chapter to the Secretary of Transportation to be
carried out through the National Transportation Safety Board in the
Department of Transportation. Sections 1422, 1429, and 1431(e) of subchapter
VI of this chapter were the sections that provided for appeals to the Civil
Aeronautics Board. Section 1902 of this Appendix provided that the National
Transportation Safety Board, previously established within the Department of
Transportation, shall be an independent agency of the United States. Section
1903(a)(9) of this Appendix gave the independent Safety Board the authority
to review appeals from actions of the Secretary of Transportation under
sections 1422, 1429, and 1431(e) of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" and
"Administration" pursuant to section 6(c)(1) of Pub. L. 89-670, which
transferred all functions, powers, and duties of the Federal Aviation Agency
and the Administrator thereof under this section to the Secretary of
Transportation. See section 106 of Title 49, Transportation.
All functions, powers, and duties of the Civil Aeronautics Board were
terminated or transferred by section 1551 of this Appendix, effective in part
on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.
Sec. 1482. Complaints to and investigations by Secretary of Transportation
and Board
(a) Filing of complaints; complaints against members of the Armed Forces
Any person may file with the Secretary of Transportation or the Board, as
to matters within their respective jurisdictions, a complaint in writing with
respect to anything done or omitted to be done by any person in contravention
of any provisions of this chapter, or of any requirement established pursuant
thereto. If the person complained against shall not satisfy the complaint and
there shall appear to be any reasonable ground for investigating the
complaint, it shall be the duty of the Secretary of Transportation or the
Board to investigate the matters complained of. Whenever the Secretary of
Transportation or the Board is of the opinion that any complaint does not
state facts which warrant an investigation or action, such complaint may be
dismissed without hearing. In the case of complaints against a member of the
Armed Forces of the United States acting in the performance of his official
duties, the Secretary of Transportation or the Board, as the case may be,
shall refer the complaint to the Secretary of the department concerned for
action. The Secretary shall, within ninety days after receiving such a
complaint, inform the Secretary of Transportation or the Board of his
disposition of the complaint, including a report as to any corrective or
disciplinary actions taken.
(b) Investigations on initiative of Secretary or Board
The Secretary of Transportation or Board, with respect to matters within
their respective jurisdictions, is empowered at any time to institute an
investigation, on their own initiative, in any case and as to any matter or
thing within their respective jurisdictions, concerning which complaint is
authorized to be made to or before the Secretary of Transportation or Board
by any provision of this chapter, or concerning which any question may arise
under any of the provisions of this chapter, or relating to the enforcement
of any of the provisions of this chapter. The Secretary of Transportation or
the Board shall have the same power to proceed with any investigation
instituted on their own motion as though it had been appealed to by
complaint.
(c) Entry of orders for compliance with chapter
If the Secretary of Transportation or the Board finds, after notice and
hearing, in any investigation instituted upon complaint or upon their own
initiative, with respect to matters within their jurisdiction, that any
person has failed to comply with any provision of this chapter or any
requirement established pursuant thereto, the Secretary of Transportation or
the Board shall, subject to section 1502(a) of this Appendix, issue an
appropriate order to compel such person to comply therewith.
(d) Power to prescribe rates and practices of air carriers
(1) Except as provided in paragraph (2) or (4) of this subsection,
whenever, after notice and hearing, upon complaint, or upon its own
initiative, the Board shall be of the opinion that any individual or joint
rate, fare, or charge demanded, charged, collected or received by any air
carrier for interstate air transportation of persons, air transportation of
property within the State of Alaska, air transportation of property within
the State of Hawaii, or overseas air transportation, or any classification,
rule, regulation, or practice affecting such rate, fare, or charge, or the
value of the service thereunder, is or will be unjust or unreasonable, or
unjustly discriminatory, or unduly preferential, or unduly prejudicial, the
Board shall determine and prescribe the lawful rate, fare, or charge (or the
maximum or minimum, or the maximum and minimum thereof) thereafter to be
demanded, charged, collected, or received, or the lawful classification,
rule, regulation, or practice thereafter to be made effective.
(2) With respect to rates, fares, and charges for overseas air
transportation, the Board shall determine and prescribe only a just and
reasonable maximum or minimum, or maximum and minimum rate, fare, or charge.
(3) Whenever, after notice and hearing, upon complaint, or upon its own
initiative, the Board shall be of the opinion that any individual or joint
rate or charge demanded, charged, collected, or received by any air carrier
for interstate air transportation of property or any classification, rule,
regulation, or practice affecting such rate or charge, or the value of the
service thereunder, is or will be unjustly discriminatory, or unduly
preferential, or unduly prejudicial, or predatory the Board shall alter such
rate, charge, classification, rule, regulation, or practice to the extent
necessary to correct such discrimination, preference, prejudice, or predatory
practice and make an order that the air carrier or foreign air carrier shall
discontinue demanding, charging, collecting, or receiving any such
discriminatory, preferential, prejudicial, or predatory rate or charge or
enforcing any such discriminatory, preferential, prejudicial, or predatory
classification, rule, regulation, or practice.
(4) The Board shall not have authority to find any fare for interstate or
overseas air transportation of persons to be unjust or unreasonable on the
basis that such fare is too low or too high if--
(A) with respect to any proposed increase filed with the Board on or
after July 1, 1979 (other than any proposed increase in any fare filed by
any air carrier if such proposed fare is for air transportation between any
pair of points and such air carrier provides air transportation to 70 per
centum or more of the persons traveling in air transportation between such
points on aircraft operated by air carriers with certificates issued under
section 1371 of this Appendix), such proposed fare would not be more than 5
per centum higher than the standard industry fare level for the same or
essentially similar class of service, except that, while no increase of any
fare within the limits specified in this subparagraph may be suspended, an
increase in such fare, above the standard industry fare level shall be
found unlawful if that increase results in a fare which is unduly
preferential, unduly prejudicial, or unjustly discriminatory; or
(B) with respect to any proposed decrease filed after October 24, 1978,
the proposed fare would not be more than 50 per centum lower than the
standard industry fare level for the same or essentially similar class of
service, except that this provision shall not apply to any proposed
decrease in any fare if the Board determines that such proposed fare would
be predatory.
In determining whether any fare for air transportation of persons is unjust
or unreasonable on the basis that it is too high, the Board shall take into
consideration reasonably estimated or foreseeable future costs and revenues
for a reasonably limited future period during which the fare at issue would
be in effect.
(5) In any Board proceeding under paragraph (1) of this subsection with
respect to interstate or overseas air transportation of persons, the party
opposing any fare or charge on the basis that it is too low shall have the
burden of proving that the fare or charge is too low.
(6)(A) For purposes of paragraph (4) of this section, "standard industry
fare level" means the fare level (as adjusted only in accordance with
subparagraph (B) of this paragraph) in effect on July 1, 1977, for each
interstate or overseas pair of points, for each class of service existing on
that date, and in effect on the effective date of the establishment of each
additional class of service established after July 1, 1977.
(B) The Board shall, not less than semiannually, adjust each standard
industry fare level specified in subparagraph (A) by increasing or decreasing
such fare level, as the case may be, by the percentage change from the last
previous period in the actual operating cost per available seat-mile for
interstate and overseas transportation combined. In determining the standard,
the Board shall make no adjustment to costs actually incurred.
(C) Not later than July 1, 1979, the Board shall issue rules modifying the
rules governing those classes of service in existence on July 1, 1977, which
classes provide lower fare levels during off-peak periods, so as to expand
the period of availability of such classes. The Board shall allow any air
carrier to establish additional classes of service in accordance with the
objectives of subsection (e)(5) of this section or as may be otherwise
consistent with the public interest.
(7) The Board may by rule increase the percentage specified in paragraph
(4)(B) of this subsection.
(8) Whenever a complaint is filed with the Board by a civic party under
this subsection alleging that any individual or joint fare or charge
demanded, charged, collected, or received for interstate or overseas air
transportation is or will be unjustly discriminatory, unduly preferential,
unduly prejudicial, or predatory, the Board shall grant, deny, or dismiss
such complaint within ninety days after such complaint is filed.
(e) Rule of ratemaking
In exercising and performing its power and duties with respect to
determining rates, fares, and charges described in paragraph (1) of
subsection (d) of this section, the Board shall take into consideration,
among other factors--
(1) the criteria set forth in section 1302 of this Appendix;
(2) the need for adequate and efficient transportation of persons and
property at the lowest cost consistent with the furnishing of such service;
(3) the effect of prices upon the movement of traffic;
(4) the desirability of a variety of price and service options such as
peak and off-peak pricing or other pricing mechanisms to improve economic
efficiency and provide low-cost air service; and
(5) the desirability of allowing an air carrier to determine prices in
response to particular competitive market conditions on the basis of such
air carrier's individual costs.
(f) Removal of discrimination in foreign air transportation
Whenever, after notice and hearing, upon complaint, or upon its own
initiative, the Board shall be of the opinion that any individual or joint
rate, fare, or charge demanded, charged, collected, or received by any air
carrier or foreign air carrier for foreign air transportation, or any
classification, rule, regulation, or practice affecting such rate, fare, or
charge, or the value of the service thereunder, is or will be unjustly
discriminatory, or unduly preferential, or unduly prejudicial, the Board may
alter the same to the extent necessary to correct such discrimination,
preference, or prejudice and make an order that the air carrier or foreign
air carrier shall discontinue demanding, charging, collecting, or receiving
any such discriminatory, preferential, or prejudicial rate, fare, or charge
or enforcing any such discriminatory, preferential, or prejudicial
classification, rule, regulation, or practice.
(g) Suspension of rates
Whenever any air carrier shall file with the Board a tariff stating a new
individual or joint (between air carriers) rate, fare, or charge for
interstate or overseas air transportation or any classification, rule,
regulation, or practice affecting such rate, fare, or charge, or the value of
the service thereunder, the Board is empowered, upon complaint or upon its
own initiative, at once, and, if it so orders, without answer or other formal
pleading by the air carrier, but upon reasonable notice, to enter upon a
hearing concerning the lawfulness of such rate, fare, or charge, or such
classification, rule, regulation, or practice; and pending such hearing and
the decision thereon, the Board, by filing with such tariff, and delivering
to the air carrier affected thereby at least fifteen days before the day on
which such tariff would otherwise go into effect, a statement in writing of
its reasons for such suspension, may suspend the operation of such tariff and
defer the use of such rate, fare, or charge, or such classification, rule,
regulation, or practice, for a period of ninety days, and, if the proceeding
has not been concluded and a final order made within such period, the Board
may, from time to time, extend the period of suspension, but not for a longer
period in the aggregate than one hundred and eighty days beyond the time when
such tariff would otherwise go into effect; and, after hearing, whether
completed before or after the rate, fare, charge, classification, rule,
regulation, or practice goes into effect, the Board may make such order with
reference thereto as would be proper in a proceeding instituted after such
rate, fare, charge, classification, rule, regulation, or practice had become
effective. If the proceeding has not been concluded and an order made within
the period of suspension, the proposed rate, fare, charge, classification,
rule, regulation, or practice shall go into effect at the end of such period,
except that this subsection shall not apply to any initial tariff filed by
any air carrier. The Board shall not suspend any proposed tariff under this
subsection because of the proposed rate, fare, charge, classification, rule,
regulation, or practice stated therein unless the Board is empowered to find
such proposed rate, fare, charge, classification, rule, regulation, or
practice unjust or unreasonable and empowered to determine and prescribe the
lawful rate, fare, charge, classification, rule, regulation, or practice, or
the lawful maximum or minimum, or maximum and minimum rate, fare, or charge.
(h) Power to prescribe divisions of rates
Whenever, after notice and hearing, upon complaint or upon its own
initiative, the Board is of the opinion that the divisions of joint rates,
fares, or charges for interstate air transportation of persons, air
transportation of property within the State of Alaska, air transportation of
property within the State of Hawaii, or overseas or foreign air
transportation are or will be unjust, unreasonable, inequitable, or unduly
preferential or prejudicial as between the air carriers or foreign air
carriers parties thereto, the Board shall prescribe the just, reasonable, and
equitable divisions thereof to be received by the several air carriers. The
Board may require the adjustment of divisions between such air carriers from
the date of filing the complaint or entry of order of investigation, or such
other date subsequent thereto as the Board finds to be just, reasonable, and
equitable.
(i) Power to establish through air transportation service
The Board shall, whenever required by the public convenience and necessity,
after notice and hearing, upon complaint or upon its own initiative,
establish through service and joint rates, fares, or charges (or the maxima
or minima, or the maxima and minima thereof) for interstate air
transportation of persons, air transportation of property within the State of
Alaska, air transportation of property within the State of Hawaii, or
overseas air transportation, or the classifications, rules, regulations, or
practices affecting such rates, fares, or charges, or the value of the
service thereunder, and the terms and conditions under which such through
service shall be operated: Provided, That as to joint rates, fares, and
charges for overseas air transportation the Board shall determine and
prescribe only just and reasonable maximum or minimum or maximum and minimum
joint rates, fares, or charges.
(j) Suspension and rejection of rates in foreign air transportation
(1) Whenever any air carrier or foreign air carrier shall file with the
Board a tariff stating a new individual or joint (between air carriers,
between foreign air carriers, or between an air carrier or carriers and a
foreign air carrier or carriers) rate, fare, or charge for foreign air
transportation or any classification, rule, regulation, or practice affecting
such rate, fare, or charge, or the value of the service thereunder, the Board
is empowered, upon complaint or upon its own initiative, at once, and, if it
so orders, without answer or other formal pleading by the air carrier or
foreign air carrier, but upon reasonable notice, to enter upon a hearing
concerning the lawfulness of such rate, fare, or charge, or such
classification, rule, regulation, or practice; and pending such hearing and
the decision thereon, or in the case of a tariff filed by a foreign air
carrier if such action is in the public interest, the Board, by filing with
such tariff, and delivering to the air carrier or foreign air carrier
affected thereby, a statement in writing of its reasons for such suspension,
may suspend the operation of such tariff and defer the use of such rate,
fare, or charge, or such classification, rule, regulation, or practice, for a
period or periods not exceeding 365 days in the aggregate beyond the time
when such tariff would otherwise go into effect. If, after hearing, the Board
shall be of the opinion that such rate, fare, or charge, or such
classification, rule, regulation, or practice, is or will be unjust or
unreasonable, or unjustly discriminatory, or unduly preferential, or unduly
prejudicial, or in the case of a tariff filed by a foreign air carrier if the
Board concludes with or without hearing that such action is in the public
interest, the Board may take action to reject or cancel such tariff and
prevent the use of such rate, fare, or charge, or such classification, rule,
regulation, or practice. The Board may at any time rescind the suspension of
such tariff and permit the use of such rate, fare, or charge, or such
classification, rule, regulation, or practice. If the proceeding has not been
concluded and an order made within the period of suspension or suspensions,
or if the Board shall otherwise so direct, the proposed rate, fare, charge,
classification, rule, regulation, or practice shall go into effect subject,
however, to being canceled when the proceeding is concluded. During the
period of any suspension or suspensions, or following rejection or
cancellation of a tariff, including tariffs which have gone into effect
provisionally, the affected air carrier or foreign air carrier shall maintain
in effect and use the rate, fare, or charge, or the classification, rule,
regulation, or practice affecting such rate, fare, or charge, or the value of
service thereunder which was in effect immediately prior to the filing of the
new tariff or such other rate, fare or charge as may be provided for under an
applicable intergovernmental agreement or understanding. If the suspension,
rejection, or cancellation is of an initial tariff, the affected air carrier
or foreign air carrier may file for purposes of operations pending
effectiveness of a new tariff, a tariff embodying any rate, fare, or charge,
or any classification, rule, regulation, or practice affecting such rate,
fare, or charge, or the value of service thereunder, that may be currently in
effect (and not subject to a suspension order) for any air carrier engaged in
the same foreign air transportation.
(2) With respect to any existing tariff of an air carrier or foreign air
carrier stating rates, fares, or charges for foreign air transportation, or
any classification, rule, regulation, or practice affecting such rate, fare,
or charge, or the value of the service thereunder, the Board is empowered,
upon complaint or upon its own initiative, at once and, if it so orders,
without answer or other formal pleading by the air carrier or foreign air
carrier, but upon reasonable notice, to enter into a hearing concerning the
lawfulness of such rate, fare, or charge, or such classification, rule,
regulation, or practice; and pending such hearing and the decision thereon,
or in the case of a tariff filed by a foreign air carrier if such action is
in the public interest, the Board upon reasonable notice, and by filing with
such tariff, and delivering to the air carrier or foreign air carrier
affected thereby, a statement in writing of its reasons for such suspension,
and the effective date thereof, may suspend the operation of such tariff and
defer the use of such rate, fare, or charge, or such classification, rule,
regulation, or practice, following the effective date of such suspension, for
a period or periods not exceeding 365 days in the aggregate from the
effective date of such suspension. If, after hearing, the Board shall be of
the opinion that such rate, fare, or charge, or such classification, rule,
regulation, or practice, is or will be unjust or unreasonable, or unjustly
discriminatory, or unduly preferential, or unduly prejudicial, or in the case
of a tariff filed by a foreign air carrier if the Board concludes with or
without hearing that such action is in the public interest, the Board may
take action to cancel such tariff and prevent the use of such rate, fare, or
charge, or such classification, rule, regulation, or practice. If the
proceeding has not been concluded within the period of suspension or
suspensions, the tariff shall again go into effect subject, however, to being
canceled when the proceeding is concluded. For the purposes of operation
during the period of such suspension, or the period following cancellation of
an existing tariff pending effectiveness of a new tariff, the air carrier or
foreign air carrier may file a tariff embodying any rate, fare, or charge, or
any classification, rule, regulation, or practice affecting such rate, fare,
or charge, or the value of service thereunder, that may be currently in
effect (and not subject to a suspension order) for any air carrier engaged in
the same foreign air transportation.
(3) Whenever the Board finds that the government or aeronautical
authorities of any foreign country have refused to permit the charging of
rates, fares, or charges contained in a properly filed and published tariff
of an air carrier filed under this chapter for foreign air transportation to
such foreign country, the Board may, without hearing, (A) suspend the
operation of any existing tariff of any foreign air carrier providing
services between the United States and such foreign country for a period or
periods not exceeding three hundred and sixty-five days in the aggregate from
the date of such suspension, and (B) during the period of such suspension or
suspensions, order the foreign air carrier to charge rate, fares, or charges
which are the same as those contained in a properly filed and published
tariff (designated by the Board) of an air carrier filed under this chapter
for foreign air transportation to such foreign country, and the effective
right of an air carrier to start or continue service at the designated rates,
fares, or charges to such foreign country shall be a condition to the
continuation of service by the foreign air carrier in foreign air
transportation to such foreign country.
(4) The provisions of this subsection and compliance with any order of the
Board issued pursuant thereto shall be an express condition to the
certificates or permits now held or hereafter issued to any air carrier or
foreign air carrier, and the maintenance of rates, fares, or charges in
conformity with the requirements of such provisions and such order of the
Board shall be a condition to the continuation of the affected service by
such air carrier or foreign air carrier.
(5) In exercising and performing its powers and duties under this
subsection with respect to the rejection or cancellation of rates for the
carriage of persons or property, the Board shall take into consideration,
among other factors--
(A) the effect of such rates upon the movement of traffic;
(B) the need in the public interest of adequate and efficient
transportation of persons and property by air carriers and foreign air
carriers at the lowest cost consistent with the furnishing of such service;
(C) such standards respecting the character and quality of service to be
rendered by air carriers and foreign air carriers as may be prescribed by
or pursuant to law;
(D) the inherent advantages of transportation by aircraft;
(E) the need of such air carrier and foreign air carrier for revenue
sufficient to enable such air carrier and foreign air carrier, under
honest, economical, and efficient management, to provide adequate and
efficient air carrier and foreign air carrier service;
(F) whether such rates will be predatory or tend to monopolize
competition among air carriers and foreign air carriers in foreign air
transportation; and
(G) reasonably estimated or foreseeable future costs and revenues for
such air carrier or foreign air carrier for a reasonably limited future
period during which the rate at issue would be in effect.
(6) The Board shall not have authority to find any fare for foreign air
transportation of persons to be unjust or unreasonable on the basis that such
fare is too low or too high if--
(A) with respect to any proposed increase filed with the Board on or
after February 15, 1980, and before the 180th day after February 15, 1980,
such proposed fare would not be more than the standard foreign fare level
for the same or essentially similar class of service. No such fare shall be
suspended, unless the Board determines that it may be unduly preferential,
unduly prejudicial, or unjustly discriminatory or that suspension is in the
public interest because of unreasonable regulatory actions by a foreign
government with respect to fare proposals of an air carrier; or
(B) with respect to any proposed increase filed with the Board after the
180th day after February 15, 1980, such proposed fare would not be more
than 5 percent higher than the standard foreign fare level for the same or
essentially similar class of service. No such fare shall be suspended,
unless the Board determines that it may be unduly preferential, unduly
prejudicial, or unjustly discriminatory or that suspension is in the public
interest because of unreasonable regulatory actions by a foreign government
with respect to fare proposals of an air carrier; or
(C) with respect to any proposed decrease filed after February 15, 1980,
the fare would not be more than 50 percent lower than the standard foreign
fare level for the same or essentially similar class of service, except
that this provision shall not apply to any proposed decrease in any fare if
the Board determines that such proposed fare may be predatory or
discriminatory or that suspension of any such fare is required because of
unreasonable regulatory actions by a foreign government with respect to
fare proposals by an air carrier.
(7) For purposes of this subsection, "standard foreign fare level" means
that fare level (as adjusted only in accordance with paragraph (9) of this
subsection) filed for and permitted by the Civil Aeronautics Board to go into
effect on or after October 1, 1979 and before the 180th day after February
15, 1980, (with seasonal fares adjusted by the percentage difference that
prevailed between seasons in 1978), or the fare level established under
paragraph (8), for each pair of points, for each class of fare existing on
that date, and in effect on the effective date of the establishment of each
additional class of fare established after October 1, 1979.
(8)(A) The Board is authorized, on the basis of oral evidentiary hearings
before an administrative law judge, to determine that a fare between two
points on October 1, 1979 is unjust or unreasonable. Such oral evidentiary
hearing shall be completed within 180 days of February 15, 1980, and the
Board may establish such deadlines including the deadline for the judge's
decision as the Board may deem necessary to meet such requirement. If the
Board determines that such a fare is unjust or unreasonable, the Board shall,
on the basis of such hearing record, establish the standard foreign fare
level between such points.
(B) Standard foreign fare levels shall not be established under this
paragraph for points between which the passengers carried by United States
carriers in foreign air transportation are, in the aggregate, more than 25
percent of the total passengers carried by United States air carriers in
foreign air transportation during the most recent 12-month period for which
data is available.
(C) The establishment of a standard foreign fare level under this paragraph
does not permit a reduction in fares.
(D) No standard foreign fare level established under this paragraph shall
take effect on or before the 180th day after February 15, 1980.
(E) The authority given the Board by subparagraph (A) of this paragraph
shall expire on the 180th day after February 15, 1980.
(9) The Board shall, within 30 days after February 15, 1980, and not less
often than every 60 days thereafter with respect to fuel costs and not less
often than every 180 days with respect to all other costs, adjust each
standard foreign fare level for the particular foreign air transportation to
which such standard foreign fare level applies by increasing or decreasing
such standard foreign fare level, as the case may be, by the percentage
change from the last previous period in the actual operating cost per
available seatmile. In determining the standard foreign fare level, the Board
shall make no adjustment to costs acutally /1/ incurred. In establishing
standard foreign fare levels and making the adjustments called for in this
paragraph, the Board may use all relevant or appropriate information
reasonably available to it.
NOTE /1/ So in original. Should be "actually".
(10) The Board may by rule increase the percentage specified in paragraph
(6)(C) of this subsection.
(k) Definitions
(1) For purposes of this section, the term "interstate air transportation
of property" means--
(A) the carriage by aircraft of property as a common carrier for
compensation or hire in commerce between a place in any State of the United
States, or the District of Columbia, and a place in any other State of the
United States, or the District of Columbia (other than the carriage by
aircraft of property by a common carrier between any pair of points both of
which are within the State of Alaska or Hawaii if such carriage is part of
the continuous carriage of such property and another common carrier
provides, as part of such continuous carriage, the carriage by aircraft of
such property between any pair of points one of which is within the State
of Alaska or Hawaii and the other of which is not within the same State);
or between places in the same State of the United States (other than the
State of Alaska or Hawaii) through the airspace over any place outside
thereof; or between places in the same territory or possession of the
United States, or the District of Columbia;
(B) the carriage by aircraft of property as a common carrier for
compensation or hire, in commerce between a place in any State of the
United States or the District of Columbia and any place in the Commonwealth
of Puerto Rico or the Virgin Islands or between a place in the Commonwealth
of Puerto Rico and a place in the Virgin Islands;
whether such commerce moves wholly by aircraft or partly by aircraft and
partly by other forms of transportation.
(2) For purposes of this section, the term "overseas air transportation"
means--
(A) the carriage by aircraft of persons as a common carrier for
compensation or hire in commerce between a place in any State of the United
States, or the District of Columbia, and any place in a territory or
possession of the United States; or between a place in a territory or
possession of the United States, and a place in any other territory or
possession of the United States;
(B) the carriage by aircraft of property as a common carrier for
compensation or hire in commerce between a place in any State of the United
States, or the District of Columbia, and any place in a territory or
possession of the United States (other than the Commonwealth of Puerto Rico
and the Virgin Islands); or between a place in a territory or possession of
the United States (other than the Commonwealth of Puerto Rico and the
Virgin Islands), and a place in any other territory or possession of the
United States (other than the Commonwealth of Puerto Rico and the Virgin
Islands);
whether such commerce moves wholly by aircraft or partly by aircraft and
partly by other forms of transportation.
(3) For purposes of this section, the term "air transportation of property
within the State of Alaska" means the carriage by aircraft of property (A) by
a common carrier for compensation or hire in commerce between any pair of
points both of which are within the State of Alaska if such carriage is part
of the continuous carriage of such property and another common carrier
provides, as part of such continuous carriage, the carriage by aircraft of
such property between any pair of points one of which is within the State of
Alaska and the other of which is not within such State, or (B) by a common
carrier for compensation or hire in commerce between places in the State of
Alaska through the airspace over any place outside thereof, whether such
commerce moves wholly by aircraft or partly by aircraft and partly by other
forms of transportation.
(4) For purposes of this section, the term "air transportation of property
within the State of Hawaii" means the carriage by aircraft of property (A) by
a common carrier for compensation or hire in commerce between any pair of
points both of which are within the State of Hawaii if such carriage is part
of the continuous carriage of such property and another common carrier
provides, as part of such continuous carriage, the carriage by aircraft of
such property between any pair of points one of which is within the State of
Hawaii and the other of which is not within such State, or (B) by a common
carrier for compensation or hire in commerce between places in the State of
Hawaii through the airspace over any place outside thereof, whether such
commerce moves wholly by aircraft or partly by aircraft and partly by other
forms of transportation.
(Pub. L. 85-726, title X, Sec. 1002, Aug. 23, 1958, 72 Stat. 788; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 92-259, Sec. 3(a),
Mar. 22, 1972, 86 Stat. 96; Pub. L. 95-163, Secs. 10(b), 18(a)-(e)(1), Nov.
9, 1977, 91 Stat. 1282, 1286, 1287; Pub. L. 95-504, Sec. 37(a), (b), Oct. 24,
1978, 92 Stat. 1741, 1742; Pub. L. 96-192, Secs. 14-16, 24(a), 25, Feb. 15,
1980, 94 Stat. 40-42, 45, 47.)
Codification
February 15, 1980, referred to in subsec. (j)(8)(A), was in the original
"the enactment of this section" and has been translated as meaning the date
of enactment of Pub. L. 96-192, which enacted subsec. (j)(8), as the probable
intent of Congress.
Amendments
1980--Subsec. (c). Pub. L. 96-192, Sec. 25, substituted "the Board shall,
subject to section 1502(a) of this Appendix, issue an appropriate order" for
"the Board shall issue an appropriate order".
Subsec. (j)(1). Pub. L. 96-192, Sec. 14, inserted references to tariffs
filed by foreign air carriers, struck out provision making this section
inapplicable to any initial tariffs filed by either an air carrier or a
foreign air carrier, and added provisions that air carriers or foreign air
carriers, during periods of suspension or following the rejection or
cancellation of tariffs, could maintain such other rates, fares, or charges
as might be provided for under an applicable intergovernmental agreement or
understanding, and that, if a suspension, rejection, or cancellation was of
an initial tariff, the affected air carrier or foreign air carrier could file
for purposes of operations pending effectiveness of a new tariff, a tariff
embodying any rate, fare, or charge, or any classification, rule, regulation,
or practice affecting such rate, fare, or charge, or the value of service
thereunder, that might be currently in effect (and not subject to a
suspension order) for any air carrier engaged in the same foreign air
transportation.
Subsec. (j)(2). Pub. L. 96-192, Sec. 15, added provisions relating to
tariffs filed by foreign air carriers and to the hearings relating to, and
the cancellation of, such tariffs if such hearings or cancellations are in
the public interest.
Subsec. (j)(5)(G). Pub. L. 96-192, Sec. 16, added subpar. (G).
Subsec. (j)(6) to (10). Pub. L. 96-192, Sec. 24(a), added pars. (6) to
(10).
1978--Subsec. (d). Pub. L. 95-504, Sec. 37(a), added "or (4)" following "in
paragraph (2)" in par. (1), and added pars. (4) to (8).
Subsec. (e). Pub. L. 95-504, Sec. 37(b), substituted provisions relating to
the effect of rates, standards for the quality of service, advantages of
aircraft, transportation, and sufficient revenue, for provisions relating to
for criteria, effect of prices, price and service options, and allowing air
carrier to determine prices.
1977--Subsec. (d). Pub. L. 95-163, Sec. 18(a), designated existing
provisions as pars. (1) and (2), added provisions in par. (1) as so
designated which limited par. (1) to interstate air transportation of
persons, air transportation of property within the State of Alaska, air
transportation of property within the State of Hawaii, and overseas air
transportation, and added par. (3).
Subsec. (g). Pub. L. 95-163, Secs. 10(b), 18(b), substituted "delivering to
the air carrier affected thereby at least fifteen days before the day on
which such tariff would otherwise go into effect, a statement in writing" for
"delivering to the air carrier affected thereby, a statement in writing" and
added provisions prohibiting the Board from suspending any proposed tariff
under this subsection because of the proposed rate, fare, charge,
classification, rule, regulation, or practice stated therein unless the Board
is empowered to find such proposed rate, fare, charge, classification, rule,
regulation, or practice unjust or unreasonable and empowered to determine and
prescribe the lawful rate, fare, charge, classification, rule, regulation, or
practice, or the lawful maximum or minimum, or maximum and minimum rate,
fare, or charge.
Subsec. (h). Pub. L. 95-163, Sec. 18(c), substituted "interstate air
transportation of persons, air transportation of property within the State of
Alaska, air transportation of property within the State of Hawaii, or
overseas or foreign air transportation" for "air transportation".
Subsec. (i). Pub. L. 95-163, Sec. 18(d), substituted "interstate air
transportation of persons, air transportation of property within the State of
Alaska, air transportation of property within the State of Hawaii, or
overseas air transportation" for "interstate or overseas air transportation".
Subsec. (k). Pub. L. 95-113, Sec. 18(e)(1), added subsec. (k).
1972--Subsec. (j). Pub. L. 92-259 added subsec. (j).
Effective Date of 1977 Amendment
Section 11(b) of Pub. L. 95-163 provided that: "The amendment made by
subsection (b) of section 10 of this Act [amending the first sentence of
subsec. (g) of this section] shall apply to any tariff change filed by any
air carrier for interstate or overseas air transportation in accordance with
section 403(c) of the Federal Aviation Act of 1958 [section 1373(c) of this
Appendix] after the thirtieth day after the date of enactment of this section
[Nov. 9, 1977]."
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsecs. (a), (b), and (c), "Secretary of Transportation" was
substituted for "Administrator" (meaning Administrator of the Federal
Aviation Agency) pursuant to Pub. L. 89-670, Sec. 6(c)(1), Oct. 15, 1966, 80
Stat. 937, which transferred all functions, powers, and duties of the Federal
Aviation Agency and the Administrator thereof under this section to the
Secretary of Transportation. See section 106 of Title 49, Transportation.
Administrative Conference Evaluation of Adjudicatory Procedures
Pub. L. 101-370, Sec. 3, Aug. 15, 1990, 104 Stat. 452, provided that:
"(a) Study and Evaluation.--The Administrative Conference of the United
States shall conduct a study and evaluation of the administrative
adjudicatory procedures of the Federal Aviation Administration and the
National Transportation Safety Board and shall make a recommendation not
later than 18 months after the date of the enactment of this Act [Aug. 15,
1990] as to whether the authority to adjudicate administrative complaints
under the Federal Aviation Act of 1958 [49 U.S.C. Appendix 1301 et seq.]
should remain with the Department of Transportation, should be transferred
to the National Transportation Safety Board, or should be otherwise modified.
"(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000 for fiscal year 1991. Such
funds shall be in addition to amounts authorized to be appropriated under
section 576 of title 5, United States Code, and shall remain available until
expended."
International Agreements
Section 4 of Pub. L. 92-259 provided that: "The amendments made by this Act
[adding subsec. (j) of this section and sections 1374(a)(2) and 1461(b) of
this Appendix] shall not be deemed to authorize any actions inconsistent with
the provision of section 1102 of the Federal Aviation Act of 1958 [49 App.
U.S.C. 1502]."
Sec. 1482a. Uniform method of establishment of joint fares
(1) Whenever the Board pursuant to its authority under section 1002 of the
Federal Aviation Act of 1958 [49 App. U.S.C. 1482] prescribes a uniform
method generally applicable to the establishment of joint fares, and the
divisions thereof, between air carriers holding certificates issued under
section 401 of such Act [49 App. U.S.C. 1371], it shall make such uniform
method applicable to the establishment of joint fares, and the divisions
thereof, between such air carriers and commuter air carriers. Any commuter
air carrier which has an agreement with any air carrier to provide service
for persons and property which includes transportation over its routes and
transportation by such air carrier in air transportation shall provide at
least ninety days notice to such air carrier and to the Board prior to
modifying, suspending, or terminating such service, and if such commuter air
carrier fails to provide such notice, any uniform method made applicable to
the establishment of joint fares, and the divisions thereof, between air
carriers and commuter air carriers in accordance with the preceding sentence
shall not apply to such commuter air carrier.
(2) For purposes of this subsection--
(A) the terms "air carrier" and "Board" have the meanings given such
terms in the Federal Aviation Act of 1958 [49 App. U.S.C. 1301 et seq.];
and
(B) the term "commuter air carrier" means any air carrier operating
pursuant to section 416(b)(3) of the Federal Aviation Act of 1958 [49 App.
U.S.C. 1386(b)(3)] who operates at least five round trips per week between
one pair of points, pursuant to flight schedules.
(3) Paragraph (1) of this section shall apply to any uniform method
described in such paragraph which the Board prescribes on or after December
27, 1974.
(Pub. L. 95-504, Sec. 37(c), Oct. 24, 1978, 92 Stat. 1742.)
References in Text
The Federal Aviation Act of 1958, referred to in par. (2)(A), is Pub. L.
85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is classified
principally to this chapter. For complete classification of this Act to the
Code, see Short Title note set out under section 1301 of this Appendix and
Tables.
Codification
Section was enacted as part of the Airline Deregulation Act of 1978, and
not as part of the Federal Aviation Act of 1958 which comprises this chapter.
Par. (2) is set out in this supplement to correct a translation appearing
therein.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1483. Joint Boards
(a) Designation
The Board and the Interstate Commerce Commission shall direct their
respective chairmen to designate, from time to time, a like number of members
of each to act as a joint board to consider and pass upon matters referred to
such board as provided in subsection (c) of this section.
(b) Through service and joint rates
Air carriers may establish reasonable through service and joint rates,
fares, and charges with other common carriers; except that with respect to
transportation of property, air carriers not directly engaged in the
operation of aircraft in air transportation (other than companies engaged in
the air express business) may not establish joint rates or charges, under the
provisions of this subsection, with common carriers subject to subtitle IV of
title 49. In case of through service by air carriers and common carriers
subject to subtitle IV of title 49, it shall be the duty of the carriers
parties thereto to establish just and reasonable rates, fares, or charges and
just and reasonable classifications, rules, regulations, and practices
affecting such rates, fares, or charges, or the value of the service
thereunder, and if joint rates, fares, or charges shall have been established
with respect to such through service, just, reasonable, and equitable
divisions of such joint rates, fares, or charges as between the carriers
participating therein. Any air carrier, and any common carrier subject to
subtitle IV of title 49, which is participating in such through service and
joint rates, fares, or charges, shall include in its tariffs, filed with the
Civil Aeronautics Board or the Interstate Commerce Commission, as the case
may be, a statement showing such through service and joint rates, fares, or
charges.
(c) Jurisdiction of Boards
Matters relating to such through service and joint rates, fares, or charges
may be referred by the Board or the Interstate Commerce Commission, upon
complaint or upon its own initiative, to a joint board created as provided in
subsection (a) of this section. Complaints may be made to the Interstate
Commerce Commission or the Board with respect to any matter which may be
referred to a joint board under this subsection.
(d) Power of Boards
With respect to matters referred to any joint board as provided in
subsection (c) of this section, if such board finds, after notice and
hearing, that any such joint rate, fare, or charge, or classification, rule,
regulation, or practice, affecting such joint rate, fare, or charge or the
value of the service thereunder is or will be unjust, unreasonable, unjustly
discriminatory, or unduly preferential or prejudicial, or that any division
of any such joint rate, fare, or charge, is or will be unjust, unreasonable,
inequitable, or unduly preferential or prejudicial as between the carriers
parties thereto, it is authorized and directed to take the same action with
respect thereto as the Board is empowered to take with respect to any joint
rate, fare, or charge, between air carriers, or any divisions thereof, or any
classification, rule, regulation, or practice affecting such joint rate,
fare, or charge or the value of the service thereunder.
(e) Judicial enforcement and review of orders
Orders of the joint boards shall be enforceable and reviewable as provided
in this chapter with respect to orders of the Board.
(Pub. L. 85-726, title X, Sec. 1003, Aug. 23, 1958, 72 Stat. 791.)
Codification
In subsec. (b), "subtitle IV of title 49" was substitued for "the
Interstate Commerce Act [49 U.S.C. 1 et seq.]" on authority of Pub. L. 95-
473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which
enacted subtitle IV of Title 49, Transportation.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1484. Evidence
(a) Power to take evidence
Any member or examiner of the Board, when duly designated by the Board for
such purpose, may hold hearings, sign and issue subpenas, administer oaths,
examine witnesses, and receive evidence at any place in the United States
designated by the Board. In all cases heard by an examiner or a single member
the Board shall hear or receive argument on request of either party.
(b) Issuance of subpenas; witness fees
For the purposes of this chapter the Board shall have the power to require
by subpena the attendance and testimony of witnesses and the production of
all books, papers, and documents relating to any matter under investigation.
Witnesses summoned before the Board shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States.
(c) Enforcement of subpenas
The attendance of witnesses, and the production of books, papers, and
documents, may be required from any place in the United States, at any
designated place of hearing. In case of disobedience to a subpena, the Board,
or any party to a proceeding before the Board, may invoke the aid of any
court of the United States in requiring attendance and testimony of witnesses
and the production of such books, papers, and documents under the provisions
of this section.
(d) Contempt
Any court of the United States within the jurisdiction of which an inquiry
is carried on may, in case of contumacy or refusal to obey a subpena issued
to any person, issue an order requiring such person to appear before the
Board (and produce books, papers, or documents if so ordered) and give
evidence touching the matter in question; and any failure to obey such order
of the court may be punished by such court as a contempt thereof.
(e) Depositions
The Board may order testimony to be taken by deposition in any proceeding
or investigation pending before it, at any stage of such proceeding or
investigation. Such depositions may be taken before any person designated by
the Board and having power to administer oaths. Reasonable notice must first
be given in writing by the party or his attorney proposing to take such
deposition to the opposite party or his attorney of record, which notice
shall state the name of the witness and the time and place of the taking of
his deposition. Any person may be compelled to appear and depose, and to
produce books, papers, or documents, in the same manner as witnesses may be
compelled to appear and testify and produce like documentary evidence before
the Board, as hereinbefore provided.
(f) Method of taking depositions
Every person deposing as herein provided shall be cautioned and shall be
required to swear (or affirm, if he so requests) to testify the whole truth,
and shall be carefully examined. His testimony shall be reduced to writing by
the person taking the deposition, or under his direction, and shall, after it
has been reduced to writing, be subscribed by the deponent. All depositions
shall be promptly filed with the Board.
(g) Foreign depositions
If a witness whose testimony may be desired to be taken by deposition be in
a foreign country, the deposition may be taken, provided the laws of the
foreign country so permit, by a consular officer or other person commissioned
by the Board, or agreed upon by the parties by stipulation in writing to be
filed with the Board, or may be taken under letters rogatory issued by a
court of competent jurisdiction at the request of the Board.
(h) Fees in connection with depositions
Witnesses whose depositions are taken as authorized in this chapter, and
the persons taking the same, shall severally be entitled to the same fees as
are paid for like services in the courts of the United States: Provided, That
with respect to commissions or letters rogatory issued at the initiative of
the Board, executed in foreign countries, the Board shall pay such fees,
charges, or expenses incidental thereto as may be found necessary, in
accordance with regulations on the subject to be prescribed by the Board.
(Pub. L. 85-726, title X, Sec. 1004, Aug. 23, 1958, 72 Stat. 792; Pub. L. 91-
452, title II, Sec. 246, Oct. 15, 1970, 84 Stat. 931.)
Amendments
1970--Subsec. (i). Pub. L. 91-452 struck out subsec. (i) which related to
the immunity from prosecution of any individual compelled to testify or
produce evidence, documentary or otherwise, after claiming his privilege
against self-incrimination.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-452 effective on the sixtieth day following Oct.
15, 1970, see section 260 of Pub. L. 91-452, set out as an Effective Date;
Savings Provisions note under section 6001 of Title 18, Crimes and Criminal
Procedure.
Savings Provisions
Amendment by Pub. L. 91-452 not to affect any immunity to which any
individual is entitled under this section by reason of any testimony given
before the sixtieth day following Oct. 15, 1970, see section 260 of Pub. L.
91-452, set out as an Effective Date; Savings Provisions note under section
6001 of Title 18, Crimes and Criminal Procedure.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Cross References
Immunity of witnesses, see section 6001 et seq. of Title 18, Crimes and
Criminal Procedure.
Sec. 1485. Orders, notices, and service
(a) Effective date of orders; emergency orders
Except as otherwise provided in this chapter, all orders, rules, and
regulations of the Board or the Secretary of Transportation shall take effect
within such reasonable time as the Board or Secretary of Transportation may
prescribe, and shall continue in force until their further order, rule, or
regulation, or for a specified period of time, as shall be prescribed in the
order, rule, or regulation: Provided, That whenever the Secretary of
Transportation is of the opinion that an emergency requiring immediate action
exists in respect of safety in air commerce, the Secretary of Transportation
is authorized, either upon complaint or his own initiative without complaint,
at once, if he so orders, without answer or other form of pleading by the
interested person or persons, and with or without notice, hearing, or the
making or filing of a report, to make such just and reasonable orders, rules,
or regulations, as may be essential in the interest of safety in air commerce
to meet such emergency: Provided further, That the Secretary of
Transportation shall immediately initiate proceedings relating to the matters
embraced in any such order, rule, or regulation, and shall, insofar as
practicable, give preference to such proceedings over all others under this
chapter.
(b) Designation of agent for service
It shall be the duty of every air carrier and foreign air carrier to
designate in writing an agent upon whom service of all notices and process
and all orders, decisions, and requirements of the Board and the Secretary of
Transportation may be made for and on behalf of said carrier, and to file
such designation with the Secretary of Transportation and in the office of
the secretary of the Board, which designation may from time to time be
changed by like writing similarly filed. Service of all notices and process
and orders, decisions, and requirements of the Secretary of Transportation or
the Board may be made upon such carrier by service upon such designated agent
at his office or usual place of residence with like effect as if made
personally upon such carrier, and in default of such designation of such
agent, service of any notice or other process in any proceedings before said
Secretary of Transportation or Board or of any order, decision, or
requirements of the Secretary of Transportation or Board, may be made by
posting such notice, process, order, requirement, or decision in the office
of the Secretary of Transportation or with the secretary of the Board.
(c) Manner of service
Service of notices, processes, orders, rules, and regulations upon any
person may be made by personal service, or upon an agent designated in
writing for the purpose, or by registered or certified mail addressed to such
person or agent. Whenever service is made by registered or certified mail,
the date of mailing shall be considered as the time when service is made.
(d) Suspension or modification of orders
Except as otherwise provided in this chapter, the Secretary of
Transportation or the Board is empowered to suspend or modify their orders
upon such notice and in such manner as they shall deem proper.
(e) Compliance with orders
It shall be the duty of every person subject to this chapter, and its
agents and employees, to observe and comply with any order, rule, regulation,
or certificate issued by the Secretary of Transportation or the Board under
this chapter affecting such person so long as the same shall remain in
effect.
(f) Findings of fact; service of orders
Every order of the Secretary of Transportation or the Board shall set forth
the findings of fact upon which it is based, and shall be served upon the
parties to the proceeding and the persons affected by such order.
(Pub. L. 85-726, title X, Sec. 1005, Aug. 23, 1958, 72 Stat. 794; Pub. L. 86-
199, Aug. 25, 1959, 73 Stat. 427; Pub. L. 89-670, Sec. 6(c)(1), Oct. 15,
1966, 80 Stat. 937.)
Amendments
1959--Subsec. (c). Pub. L. 86-199 authorized service by certified mail.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted, in subsecs. (a), (b), and
(d) to (f), for "Administrator" (meaning Administrator of the Federal
Aviation Agency) pursuant to section 6(c)(1) of Pub. L. 89-670, which
transferred all functions, powers, and duties of the Federal Aviation Agency
and the Administrator thereof under this section to the Secretary of
Transportation. See section 106 of Title 49, Transportation.
Sec. 1486. Judicial review
(a) Orders subject to review; petition for review
Any order, affirmative or negative, issued by the Board or Secretary of
Transportation under this chapter, except any order in respect of any foreign
air carrier subject to the approval of the President as provided in section
1461 of this Appendix, shall be subject to review by the courts of appeals of
the United States or the United States Court of Appeals for the District of
Columbia upon petition, filed within sixty days after the entry of such
order, by any person disclosing a substantial interest in such order. After
the expiration of said sixty days a petition may be filed only by leave of
court upon a showing of reasonable grounds for failure to file the petition
theretofore.
(b) Venue
A petition under this section shall be filed in the court for the circuit
wherein the petitioner resides or has his principal place of business or in
the United States Court of Appeals for the District of Columbia.
(c) Notice to Board or Secretary of Transportation; filing of record
A copy of the petition shall, upon filing, be forthwith transmitted to the
Board or Secretary of Transportation by the clerk of the court, and the Board
or Secretary of Transportation shall thereupon file in the court the record,
if any, upon which the order complained of was entered, as provided in
section 2112 of title 28.
(d) Power of court
Upon transmittal of the petition to the Board or Secretary of
Transportation, the court shall have exclusive jurisdiction to affirm,
modify, or set aside the order complained of, in whole or in part, and if
need be, to order further proceedings by the Board or Secretary of
Transportation. Upon good cause shown and after reasonable notice to the
Board or Secretary of Transportation interlocutory relief may be granted by
stay of the order or by such mandatory or other relief as may be appropriate.
(e) Conclusiveness of findings of fact; objections
The findings of facts by the Board or Secretary of Transportation, if
supported by substantial evidence, shall be conclusive. No objection to an
order of the Board or Secretary of Transportation shall be considered by the
court unless such objection shall have been urged before the Board or
Secretary of Transportation or, if it was not so urged, unless there were
reasonable grounds for failure to do so.
(f) Review by Supreme Court
The judgment and decree of the court affirming, modifying, or setting aside
any such order of the Board or Secretary of Transportation shall be subject
only to review by the Supreme Court of the United States upon certification
or certiorari as provided in section 1254 of title 28.
(Pub. L. 85-726, title X, Sec. 1006, Aug. 23, 1958, 72 Stat. 795; Pub. L. 86-
546, Sec. 1, June 29, 1960, 74 Stat. 255; Pub. L. 87-225, Sec. 2, Sept. 13,
1961, 75 Stat. 497; Pub. L. 89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat.
937.)
Amendments
1961--Subsec. (d). Pub. L. 87-225 substituted a requirement of reasonable
notice to the Board or Administrator for provisions which required five days'
notice.
1960--Subsec. (c). Pub. L. 86-546 substituted "shall thereupon file in the
court the record, if any, upon which the order complained of was entered, as
provided in section 2112 of title 28" for "shall thereupon certify and file
in the court a transcript of the record, if any, upon which the order
complained of was entered".
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsecs. (a), (c), (d), (e), and (f), "Secretary of Transportation" was
substituted for "Administrator" (meaning Administrator of the Federal
Aviation Agency) pursuant to section 6(c)(1) of Pub. L. 89-670, which
transferred all functions, powers, and duties of the Federal Aviation Agency
and the Administrator thereof under this section to the Secretary of
Transportation. See section 106 of Title 49, Transportation.
Notice to Board or Administrator; Filing of Record
Section 1006(c) of act June 23, 1938, ch. 601, title X, 52 Stat. 1024, was
amended by Pub. L. 85-791, Sec. 18, Aug. 28, 1958, 72 Stat. 947, to read as
follows: "A copy of the petition shall, upon filing, be forthwith transmitted
to the Board by the clerk of the court; and the Board shall thereupon file in
the court the record, if any, upon which the order complained of was entered,
as provided in section 2112 of title 28, United States Code."
Sec. 1487. Judicial enforcement; jurisdiction; application; costs
(a) If any person violates any provision of this chapter, or any rule,
regulation, requirement, or order thereunder, or any term, condition, or
limitation of any certificate or permit issued under this chapter, the Board
or Secretary of Transportation, as the case may be, their duly authorized
agents, or, in the case of a violation of section 1514 of this Appendix, the
Attorney General, or, in the case of a violation of section 1371(a) of this
Appendix, any party in interest, may apply to the district court of the
United States, for any district wherein such person carries on his business
or wherein the violation occurred, for the enforcement of such provision of
this chapter, or of such rule, regulation, requirement, order, term,
condition, or limitation; and such court shall have jurisdiction to enforce
obedience thereto by a writ of injunction or other process, mandatory or
otherwise, restraining such person, his officers, agents, employees, and
representatives from further violation of such provision of this chapter or
of such rule regulation, requirement, order, term, condition or limitation,
and requiring their obedience thereto.
(b) Upon the request of the Board or Secretary of Transportation, any
district attorney of the United States to whom the Board or Secretary of
Transportation may apply is authorized to institute in the proper court and
to prosecute under the direction of the Attorney General all necessary
proceedings for the enforcement of the provisions of this chapter or any
rule, regulation, requirement, or order thereunder, or any term, condition,
or limitation of any certificate or permit, and for the punishment of all
violations thereof, and the costs and expenses of such prosecutions shall be
paid out of the appropriations for the expenses of the courts of the United
States.
(Pub. L. 85-726, title X, Sec. 1007, Aug. 23, 1958, 72 Stat. 796; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 93-366, title I, Sec.
108, Aug. 5, 1974, 88 Stat. 414.)
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal
Aviation Act of 1958. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this Appendix and Tables.
Amendments
1974--Subsec. (a). Pub. L. 93-366 added provision relating to the
enforcement authority of the Attorney General in the case of a violation
under section 1514 of this Appendix.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted in text for "Administrator"
(meaning Administrator of the Federal Aviation Agency) pursuant to section
6(c)(1) of Pub. L. 89-670, which transferred all functions, powers, and
duties of the Federal Aviation Agency and the Administrator thereof under
this section to the Secretary of Transportation. See section 106 of Title 49,
Transportation.
Sec. 1488. Participation by Board or Secretary of Transportation in court
proceedings
Upon request of the Attorney General, the Board or Secretary of
Transportation, as the case may be, shall have the right to participate in
any proceeding in court under the provisions of this chapter.
(Pub. L. 85-726, title X, Sec. 1008, Aug. 23, 1958, 72 Stat. 796; Pub. L. 89-
670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Administrator of the Federal Aviation Agency) pursuant to section 6(c)(1) of
Pub. L. 89-670, which transferred all functions, powers, and duties of the
Federal Aviation Agency and the Administrator thereof under this section to
the Secretary of Transportation. See section 106 of Title 49, Transportation.
Sec. 1489. Joinder of parties; intervention
In any proceeding for the enforcement of the provisions of this chapter, or
any rule, regulation, requirement, or order thereunder, or any term,
condition, or limitation of any certificate or permit, whether such
proceedings be instituted before the Board or be begun originally in any
court of the United States, it shall be lawful to include as parties, or to
permit the intervention of, all persons interested in or affected by the
matter under consideration; and inquiries, investigations, orders, and
decrees may be made with reference to all such parties in the same manner, to
the same extent, and subject to the same provisions of law as they may be
made with respect to the persons primarily concerned.
(Pub. L. 85-726, title X, Sec. 1009, Aug. 23, 1958, 72 Stat. 796.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1490. Time requirements
In the case of any application or other written document submitted to the
Board under section 1378, 1379, 1382, or 1386 of this Appendix on or after
the one-hundred-eightieth day after October 24, 1978, the Board shall--
(1) if the Board orders an evidentiary hearing, issue a final order or
decision with respect to such written document, not later than the last day
of the twelfth month which begins after the submission of such document,
except in the case of an application submitted under section 1378 of this
Appendix, the Board shall issue its final order or decision not later than
the last day of the sixth month after submission; or
(2) if the Board does not order an evidentiary hearing, issue a final
order or decision with respect to such document, not later than the last
day of the sixth month which begins after the date of the submission of
such document.
(Pub. L. 85-726, title X, Sec. 1010, as added Pub. L. 95-504, Sec. 38(a),
Oct. 24, 1978, 92 Stat. 1743.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
SUBCHAPTER XI--MISCELLANEOUS
Sec. 1501. Hazards to safe and efficient air commerce and the preservation
of navigable airspace and airport traffic capacity
(a) Notice of construction
The Secretary of Transportation (hereinafter in this section referred to
as the "Secretary") shall, by rules and regulations, or by order where
necessary, require all persons to give adequate public notice, in the form
and manner prescribed by the Secretary, of the construction or alteration,
or the establishment or the expansion, or of the proposed construction or
alteration, or of the proposed establishment or expansion, of any structure
or sanitary landfill where notice will promote safety in air commerce as well
as the efficient use and preservation of the navigable airspace and of
airport traffic capacity at public-use airports.
(b) Aeronautical studies
(1) Requirement
Where the Secretary determines, according to rules and regulations,
that the construction or alteration of any structure may constitute an
obstruction of navigable airspace or an interference with air navigation
facilities and equipment or navigable airspace, the Secretary shall
conduct an aeronautical study to determine the extent of the adverse
impact, if any, on the safe and efficient use of such airspace,
facilities, or equipment.
(2) Factors to consider
When conducting an aeronautical study under this subsection to
determine the impact of the construction or alteration of a structure,
the Secretary shall thoroughly consider, according to rules and
regulations, all factors relevant to the efficient and effective use of
the navigable airspace, and shall consider the following:
(A) The impact on arrival, departure, and en route procedures for
aircraft operating under visual flight rules.
(B) The impact on arrival, departure, and en route procedures for
aircraft operating under instrument flight rules.
(C) The impact on all existing public-use airports and aeronautical
facilities.
(D) The impact on all planned public-use airports and aeronautical
facilities.
(E) The cumulative impact resulting from the proposed construction or
alteration of a structure when combined with the impact of other
existing or proposed structures.
(3) Report
Upon completion of an aeronautical study under this subsection, the
Secretary shall issue a report fully disclosing the extent of the adverse
impact on the safe and efficient use of the navigable airspace which the
Secretary determines will result from the construction or alteration of a
structure.
(c) Coordination
In the administration of laws relating to broadcast applications and the
conduct of aeronautical studies relating to broadcast towers, the Federal
Communications Commission and the Federal Aviation Administration shall take
such action as may be necessary to efficiently coordinate the receipt,
consideration of, and action upon such applications and the completion of
associated aeronautical studies.
(Pub. L. 85-726, title XI, Sec. 1101, Aug. 23, 1958, 72 Stat. 797; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 100-223, title
II, Sec. 206[(a)], Dec. 30, 1987, 101 Stat. 1521; Pub. L. 102-581, title II,
Sec. 203(a), Oct. 31, 1992, 106 Stat. 4890.)
Amendments
1992--Subsec. (a). Pub. L. 102-581 inserted "or the establishment or
expansion," after "of the construction or alteration,", "or of the proposed
establishment or expansion," after "or of the proposed construction or
alteration,", and "or sanitary landfill" after "structure".
1987--Pub. L. 100-223 amended section generally. Prior to amendment,
section read as follows: "The Secretary of Transportation shall, by rules
and regulations, or by order where necessary, require all persons to give
adequate public notice, in the form and manner prescribed by the Secretary
of Transportation, of the construction or alteration, or of the proposed
construction or alteration, of any structure where notice will promote
safety in air commerce."
Effective Date
Subchapter effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administration] first appointed under this chapter qualifies and takes
office, see section 1505(2) of Pub. L. 85-726, set out as a note under
section 1301 of this Appendix. The Administrator was appointed, qualified,
and took office on Oct. 31, 1958.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
Secretary of Transportation was substituted for Administrator (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this section to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Landfill Hazard Study and Report
Section 203(b) of Pub. L. 102-581 provided that:
"(1) Requirements.--The Secretary of Transportation, in consultation with
the Administrator of the Environmental Protection Agency, shall conduct a
study to determine whether a municipal solid waste facility located within a
5-mile radius of the end of a runway may have the potential for attracting or
sustaining bird movements (from feeding, watering, or roosting in the area)
that may pose a hazard across the runways or approach and departure patterns
of aircraft.
"(2) Report.--Not later than December 31, 1993, the Secretary of
Transportation shall transmit to Congress, after first having provided an
opportunity for public comment, a report on the results of the study
conducted under paragraph (1), together with an assessment of the threat
posed to aviation safety by the location of solid waste facilities near
airport runways. The report shall include recommendations concerning the
construction of new solid waste facilities and the expansion of existing
facilities within a 5-mile radius of an airport runway."
Sec. 1502. International agreements
(a) Actions by Board and Secretary of Transportation
In exercising and performing their powers and duties under this chapter,
the Board and the Secretary of Transportation shall do so consistently with
any obligation assumed by the United States in any treaty, convention, or
agreement that may be in force between the United States and any foreign
country or foreign countries, and shall take into consideration any
applicable laws and requirements of foreign countries and the Board shall
not, in exercising and performing its powers and duties with respect to
certificates of convenience and necessity, restrict compliance by any air
carrier with any obligation, duty, or liability imposed by any foreign
country: Provided, That this section shall not apply to any obligation, duty,
or liability arising out of a contract or other agreement, heretofore or
hereafter entered into between an air carrier, or any officer or
representative thereof, and any foreign country, if such contract or
agreement is disapproved by the Board as being contrary to the public
interest.
(b) Goals for international aviation policy
In formulating United States international air transportation policy, the
Congress intends that the Secretary of State, the Secretary of
Transportation, and the Civil Aeronautics Board shall develop a negotiating
policy which emphasizes the greatest degree of competition that is compatible
with a well-functioning international air transportation system. This
includes, among other things:
(1) the strengthening of the competitive position of United States air
carriers to at least assure equality with foreign air carriers, including
the attainment of opportunities for United States air carriers to maintain
and increase their profitability, in foreign air transportation;
(2) freedom of air carriers and foreign air carriers to offer fares and
rates which correspond with consumer demand;
(3) the fewest possible restrictions on charter air transportation;
(4) the maximum degree of multiple and permissive international authority
for United States air carriers so that they will be able to respond quickly
to shifts in market demand;
(5) the elimination of operational and marketing restrictions to the
greatest extent possible;
(6) the integration of domestic and international air transportation;
(7) an increase in the number of nonstop United States gateway cities;
(8) opportunities for carriers of foreign countries to increase their
access to United States points if exchanged for benefits of similar
magnitude for United States carriers or the traveling public with permanent
linkage between rights granted and rights given away;
(9) the elimination of discrimination and unfair competitive practices
faced by United States airlines in foreign air transportation, including
excessive landing and user fees, unreasonable ground handling requirements,
undue restrictions on operations, prohibitions against change of gauge, and
similar restrictive practices; and
(10) the promotion, encouragement, and development of civil aeronautics
and a viable, privately owned United States air transport industry.
(c) Consultation with affected groups
To assist in developing and implementing such an international aviation
negotiating policy, the Secretaries of State and Transportation and the Civil
Aeronautics Board shall consult, to the maximum extent practicable, with the
Secretary of Commerce, the Secretary of Defense, airport operators, scheduled
air carriers, charter air carriers, airline labor, consumer interest groups,
travel agents and tour organizers, and other groups, institutions, and
government agencies affected by international aviation policy concerning both
broad policy goals and individual negotiations.
(d) Observer status for Congressional representatives
The President shall grant to at least one representative of each House of
Congress the privilege to attend international aviation negotiations as an
observer if such privilege is requested in advance in writing.
(Pub. L. 85-726, title XI, Sec. 1102, Aug. 23, 1958, 72 Stat. 797; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 96-192, Sec. 17,
Feb. 15, 1980, 94 Stat. 42.)
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act",
meaning Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the
Federal Aviation Act of 1958. For complete classification of this Act to the
Code, see Short Title note set out under section 1301 of this Appendix and
Tables.
Amendments
1980--Pub. L. 96-192 designated existing provisions as subsec. (a) and
added subsecs. (b) to (d).
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsec. (a), "Secretary of Transportation" was substituted for
"Administrator" (meaning Administrator of the Federal Aviation Agency)
pursuant to section 6(c)(1) of Pub. L. 89-670, which transferred all
functions, powers, and duties of the Federal Aviation Agency and the
Administrator thereof under this section to the Secretary of Transportation.
See section 106 of Title 49, Transportation.
Warsaw Convention
49 Stat. 3000; TS 876
CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL
TRANSPORTATION BY AIR
The President of the German Reich, the Federal President of the Republic of
Austria, His Majesty the King of the Belgians, the President of the United
States of Brazil, His Majesty the King of the Bulgarians, the President of
the Nationalist Government of China, His Majesty the King of Denmark and
Iceland, His Majesty the King of Egypt, His Majesty the King of Spain, the
Chief of State of the Republic of Estonia, the President of the Republic of
Finland, the President of the French Republic, His Majesty the King of Great
Britain, Ireland, and the British Dominions Beyond the Seas, Emperor of
India, the President of the Hellenic Republic, His Most Serene Highness the
Regent of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty
the Emperor of Japan, the President of the Republic of Latvia, Her Royal
Highness the Grand Duchess of Luxemburg, the President of the United Mexican
States, His Majesty the King of Norway, Her Majesty the Queen of the
Netherlands, the President of the Republic of Poland, His Majesty the King of
Rumania, His Majesty the King of Sweden, the Swiss Federal Council, the
President of the Czechoslovak Republic, the Central Executive Committee of
the Union of Soviet Socialist Republics, the President of the United States
of Venezuela, His Majesty the King of Yugoslavia:
Having recognized the advantage of regulating in a uniform manner the
conditions of international transportation by air in respect of the documents
used for such transportation and of the liability of the carrier,
Have nominated to this end their respective Plenipotentiaries, who being
thereto duly authorized, have concluded and signed the following convention:
Chapter I--Scope--Definitions
Article 1
(1) This convention shall apply to all international transportation of
persons, baggage, or goods performed by aircraft for hire. It shall apply
equally to gratuitous transportation by aircraft performed by an air
transportation enterprise.
(2) For the purpose of this convention the expression "international
transportation" shall mean any transportation in which, according to the
contract made by the parties, the place of departure and the place of
destination, whether or not there be a break in the transportation or a
transshipment, are situated either within the territories of two High
Contracting Parties, or within the territory of a single High Contracting
Party, if there is an agreed stopping place within a territory subject to the
sovereignty, suzerainty, mandate or authority of another power, even though
that power is not a party to this convention. Transportation without such an
agreed stopping place between territories subject to the sovereignty,
suzerainty, mandate, or authority of the same High Contracting Party shall
not be deemed to be international for the purposes of this convention.
(3) Transportation to be performed by several successive air carriers shall
be deemed, for the purposes of this convention, to be one undivided
transportation, if it has been regarded by the parties as a single operation,
whether it has been agreed upon under the form of a single contract or of a
series of contracts, and it shall not lose its international character merely
because one contract or series of contracts is to be performed entirely
within a territory subject to the sovereignty, suzerainty, mandate, or
authority of the same High Contracting Party.
Article 2
(1) This convention shall apply to transportation performed by the state or
by legal entities constituted under public law provided it falls within the
conditions laid down in article 1.
(2) This convention shall not apply to transportation performed under the
terms of any international postal convention.
Chapter II--Transportation Documents
Section I--Passenger Ticket
Article 3
(1) For the transportation of passengers the carrier must deliver a
passenger ticket which shall contain the following particulars:
(a) The place and date of issue;
(b) The place of departure and of destination;
(c) The agreed stopping places, provided that the carrier may reserve the
right to alter the stopping places in case of necessity, and that if he
exercises that right, the alteration shall not have the effect of depriving
the transportation of its international character;
(d) The name and address of the carrier or carriers;
(e) A statement that the transportation is subject to the rules relating to
liability established by this convention.
(2) The absence, irregularity, or loss of the passenger ticket shall not
affect the existence or the validity of the contract of transportation, which
shall none the less be subject to the rules of this convention. Nevertheless,
if the carrier accepts a passenger without a passenger ticket having been
delivered he shall not be entitled to avail himself of those provisions of
this convention which exclude or limit his liability.
Section II--Baggage Check
Article 4
(1) For the transportation of baggage, other than small personal objects of
which the passenger takes charge himself, the carrier must deliver a baggage
check.
(2) The baggage check shall be made out in duplicate, one part for the
passenger and the other part for the carrier.
(3) The baggage check shall contain the following particulars:
(a) The place and date of issue;
(b) The place of departure and of destination;
(c) The name and address of the carrier or carriers;
(d) The number of the passenger ticket;
(e) A statement that delivery of the baggage will be made to the bearer of
the baggage check;
(f) The number and weight of the packages;
(g) The amount of the value declared in accordance with article 22(2);
(h) A statement that the transportation is subject to the rules relating to
liability established by this convention.
(4) The absence, irregularity, or loss of the baggage check shall not
affect the existence or the validity of the contract of transportation which
shall none the less be subject to the rules of this convention. Nevertheless,
if the carrier accepts baggage without a baggage check having been delivered,
or if the baggage check does not contain the particulars set out at (d), (f),
and (h) above, the carrier shall not be entitled to avail himself of those
provisions of the convention which exclude or limit his liability.
Section III--Air Waybill
Article 5
(1) Every carrier of goods has the right to require the consignor to make
out and hand over to him a document called an "air waybill": every consignor
has the right to require the carrier to accept this document.
(2) The absence, irregularity, or loss of this document shall not affect
the existence or the validity of the contract of transportation which shall,
subject to the provisions of article 9, be none the less governed by the
rules of this convention.
Article 6
(1) The air waybill shall be made out by the consignor in three original
parts and be handed over with the goods.
(2) The first part shall be marked "for the carrier", and shall be signed
by the consignor. The second part shall be marked "for the consignee"; it
shall be signed by the consignor and by the carrier and shall accompany the
goods. The third part shall be signed by the carrier and handed by him to the
consignor after the goods have been accepted.
(3) The carrier shall sign on acceptance of the goods.
(4) The signature of the carrier may be stamped; that of the consignor may
be printed or stamped.
(5) If, at the request of the consignor, the carrier makes out the air
waybill, he shall be deemed, subject to proof to the contrary, to have done
so on behalf of the consignor.
Article 7
The carrier of goods has the right to require the consignor to make out
separate waybills when there is more than package.
Article 8
The air waybill shall contain the following particulars:
(a) The place and date of its execution;
(b) The place of departure and of destination;
(c) The agreed stopping places, provided that the carrier may reserve the
right to alter the stopping places in case of necessity, and that if he
exercises that right the alteration shall not have the effect of depriving
the transportation of its international character;
(d) The name and address of the consignor;
(e) The name and address of the first carrier;
(f) The name and address of the consignee, if the case so requires;
(g) The nature of the goods;
(h) The number of packages, the method of packing, and the particular marks
or numbers upon them;
(i) The weight, the quantity, the volume, or dimensions of the goods;
(j) The apparent condition of the goods and of the packing;
(k) The freight, if it has been agreed upon, the date and place of payment,
and the person who is to pay it;
(l) If the goods are sent for payment on delivery, the price of the goods,
and, if the case so requires, the amount of the expenses incurred;
(m) The amount of the value declared in accordance with article 22(2);
(n) The number of parts of the air waybill;
(o) The documents handed to the carrier to accompany the air waybill;
(p) The time fixed for the completion of the transportation and a brief
note of the route to be followed, of these matters have been agreed upon;
(q) A statement that the transportation is subject to the rules relating to
liability established by this convention.
Article 9
If the carrier accepts goods without an air waybill having been made out,
or if the air waybill does not contain all the particulars set out in article
8(a) to (i), inclusive, and (q), the carrier shall not be entitled to avail
himself of the provisions of this convention which exclude or limit his
liability.
Article 10
(1) The consignor shall be responsible for the correctness of the
particulars and statements relating to the goods which he inserts in the air
waybill.
(2) The consignor shall be liable for all damages suffered by the carrier
or any other person by reason of the irregularity, incorrectness or
incompleteness of the said particulars and statements.
Article 11
(1) The air waybill shall be prima facie evidence of the conclusion of the
contract, of the receipt of the goods and of the conditions of
transportation.
(2) The statements in the air waybill relating to the weight, dimensions,
and packing of the goods, as well as those relating to the number of
packages, shall be prima facie evidence of the facts stated; those relating
to the quantity, volume, and condition of the goods shall not constitute
evidence against the carrier except so far as they both have been, and are
stated in the air waybill to have been, checked by him in the presence of the
consignor, or relate to the apparent condition of the goods.
Article 12
(1) Subject to his liability to carry out all his obligations under the
contract of transportation, the consignor shall have the right to dispose of
the goods by withdrawing them at the airport of departure or destination, or
by stopping them in the course of the journey on any landing, or by calling
for them to be delivered at the place of destination, or in the course of the
journey to a person other than the consignee named in the air waybill, or by
requiring them to be returned to the airport of departure. He must not
exercise this right of disposition in such a way as to prejudice the carrier
or other consignors, and he must repay any expenses occasioned by the
exercise of this right.
(2) If it is impossible to carry out the orders of the consignor the
carrier must so inform him forthwith.
(3) If the carrier obeys the orders of the consignor for the disposition of
the goods without requiring the production of the part of the air waybill
delivered to the latter, he will be liable, without prejudice to his right of
recovery from the consignor, for any damage which may be caused thereby to
any person who is lawfully in possession of that part of the air waybill.
(4) The right conferred on the consignor shall cease at the moment when
that of the consignee begins in accordance with article 13, below.
Nevertheless, if the consignee declines to accept the waybill or the goods,
or if he cannot be communicated with, the consignor shall resume his right of
disposition.
Article 13
(1) Except in the circumstances set out in the preceding article, the
consignee shall be entitled, on arrival of the goods at the place of
destination, to require the carrier to hand over to him the air waybill and
to deliver the goods to him, on payment of the charges due and on complying
with the conditions of transportation set out in the air waybill.
(2) Unless it is otherwise agreed, it shall be the duty of the carrier to
give notice to the consignee as soon as the goods arrive.
(3) If the carrier admits the loss of the goods, or if the goods have not
arrived at the expiration of seven days after the date on which they ought to
have arrived, the consignee shall be entitled to put into force against the
carrier the rights which flow from the contract of transportation.
Article 14
The consignor and the consignee can respectively enforce all the rights
given them by articles 12 and 13, each in his own name, whether he is acting
in his own interest or in the interest of another, provided that he carries
out the obligations imposed by the contract.
Article 15
(1) Articles 12, 13, and 14 shall not affect either the relations of the
consignor and the consignee with each other or the relations of third parties
whose rights are derived either from the consignor or from the consignee.
(2) The provisions of articles 12, 13, and 14 can only be varied by express
provision in the air waybill.
Article 16
(1) The consignor must furnish such information and attach to the air
waybill such documents as are necessary to meet the formalities of customs,
octroi, or police before the goods can be delivered to the consignee. The
consignor shall be liable to the carrier for any damage occasioned by the
absence, insufficiency, or irregularity of any such information or documents,
unless the damage is due to the fault of the carrier or his agents.
(2) The carrier is under no obligation to enquire into the correctness or
sufficiency of such information or documents.
Chapter III--Liability of the Carrier
Article 17
The carrier shall be liable for damage sustained in the event of the death
or wounding of a passenger or any other bodily injury suffered by a
passenger, if the accident which caused the damage so sustained took place on
board the aircraft or in the course of any of the operations of embarking or
disembarking.
Article 18
(1) The carrier shall be liable for damage sustained in the event of the
destruction or loss of, or of damage to, any checked baggage or any goods, if
the occurrence which caused the damage so sustained took place during the
transportation by air.
(2) The transportation by air within the meaning of the preceding paragraph
shall comprise the period during which the baggage or goods are in charge of
the carrier, whether in an airport or on board an aircraft, or in the case of
a landing outside an airport, in any place whatsoever.
(3) The period of the transportation by air shall not extend to any
transportation by land, by sea, or by river performed outside an airport. If,
however, such transportation takes place in the performance of a contract for
transportation by air, for the purpose of loading, delivery or transshipment,
any damage is presumed, subject to proof to the contrary, to have been the
result of an event which took place during the transportation by air.
Article 19
The carrier shall be liable for damage occasioned by delay in the
transportation by air of passengers, baggage, or goods.
Article 20
(1) The carrier shall not be liable if he proves that he and his agents
have taken all necessary measures to avoid the damage or that it was
impossible for him or them to take such measures.
(2) In the transportation of goods and baggage the carrier shall not be
liable if he proves that the damage was occasioned by an error in piloting,
in the handling of the aircraft, or in navigation and that, in all other
respects, he and his agents have taken all necessary measures to avoid the
damage.
Article 21
If the carrier proves that the damage was caused by or contributed to by
the negligence of the injured person the court may, in accordance with the
provisions of its own law, exonerate the carrier wholly or partly from his
liability.
Article 22
(1) In the transportation of passengers the liability of the carrier for
each passenger shall be limited to the sum of 125,000 francs. Where, in
accordance with the law of the court to which the case is submitted, damages
may be awarded in the form of periodical payments, the equivalent capital
value of the said payments shall not exceed 125,000 francs. Nevertheless, by
special contract, the carrier and the passenger may agree to a higher limit
of liability.
(2) In the transportation of checked baggage and of goods, the liability of
the carrier shall be limited to a sum of 250 francs per kilogram, unless the
consignor has made, at the time when the package was handed over to the
carrier, a special declaration of the value at delivery and has paid a
supplementary sum if the case so requires. In that case the carrier will be
liable to pay a sum not exceeding the declared sum, unless he proves that
that sum is greater than the actual value to the consignor at delivery.
(3) As regards objects of which the passenger takes charge himself the
liability of the carrier shall be limited to 5,000 francs per passenger.
(4) The sums mentioned above shall be deemed to refer to the French franc
consisting of 65 1/2 milligrams of gold at the standard of fineness of nine
hundred thousandths. These sums may be converted into any national currency
in round figures.
Article 23
Any provision tending to relieve the carrier of liability or to fix a lower
limit than that which is laid down in this convention shall be null and void,
but the nullity of any such provision shall not involve the nullity of the
whole contract, which shall remain subject to the provisions of this
convention.
Article 24
(1) In the cases covered by articles 18 and 19 any action for damages,
however founded, can only be brought subject to the conditions and limits set
out in this convention.
(2) In the cases covered by article 17 the provisions of the preceding
paragraph shall also apply, without prejudice to the questions as to who are
the persons who have the right to bring suit and what are their respective
rights.
Article 25
(1) The carrier shall not be entitled to avail himself of the provisions of
this convention which exclude or limit his liability, if the damage is caused
by his willful misconduct or by such default on his part as, in accordance
with the law of the court to which the case is submitted, is considered to be
equivalent to wilful misconduct.
(2) Similarly the carrier shall not be entitled to avail himself of the
said provisions, if the damage is caused under the same circumstances by any
agent of the carrier acting within the scope of his employment.
Article 26
(1) Receipt by the person entitled to the delivery of baggage or goods
without complaint shall be prima facie evidence that the same have been
delivered in good condition and in accordance with the document of
transportation.
(2) In case of damage, the person entitled to delivery must complain to the
carrier forthwith after the discovery of the damage, and, at the latest,
within 3 days from the date of receipt in the case of baggage and 7 days from
the date of receipt in the case of goods. In case of delay the complaint must
be made at the latest within 14 days from the date on which the baggage or
goods have been placed at his disposal.
(3) Every complaint must be made in writing upon the document of
transportation or by separate notice in writing dispatched within the times
aforesaid.
(4) Failing complaint within the times aforesaid, no action shall lie
against the carrier, save in the case of fraud on his part.
Article 27
In the case of the death of the person liable, an action for damages lies
in accordance with the terms of this convention against those legally
representing his estate.
Article 28
(1) An action for damages must be brought, at the option of the plaintiff,
in the territory of one of the High Contracting Parties, either before the
court of the domicile of the carrier or of his principal place of business,
or where he has a place of business through which the contract has been made,
or before the court at the place of destination.
(2) Questions of procedure shall be governed by the law of the court to
which the case in submitted.
Article 29
(1) The right to damages shall be extinguished if an action is not brought
within 2 years, reckoned from the date of arrival at the destination, or from
the date on which the aircraft ought to have arrived, or from the date on
which the transportation stopped.
(2) The method of calculating the period of limitation shall be determined
by the law of the court to which the case is submitted.
Article 30
(1) In the case of transportation to be performed by various successive
carriers and falling within the definition set out in the third paragraph of
article 1, each carrier who accepts passengers, baggage or goods shall be
subject to the rules set out in this convention, and shall be deemed to be
one of the contracting parties to the contract of transportation insofar as
the contract deals with that part of the transportation which is performed
under his supervision.
(2) In the case of transportation of this nature, the passenger or his
representative can take action only against the carrier who performed the
transportation during which the accident or the delay occurred, save in the
case where, by express agreement, the first carrier has assumed liability for
the whole journey.
(3) As regards baggage or goods, the passenger or consignor shall have a
right of action against the first carrier, and the passenger or consignee who
is entitled to delivery shall have a right of action against the last
carrier, and further, each may take action against the carrier who performed
the transportation during which the destruction, loss, damage, or delay took
place. These carriers shall be jointly and severally liable to the passenger
or to the consignor or consignee.
Chapter IV--Provisions Relating to Combined Transportation
Article 31
(1) In the case of combined transportation performed partly by air and
partly by any other mode of transportation, the provisions of this convention
shall apply only to the transportation by air, provided that the
transportation by air falls within the terms of article 1.
(2) Nothing in this convention shall prevent the parties in the case of
combined transportation from inserting in the document of air transportation
conditions relating to other modes of transportation, provided that the
provisions of this convention are observed as regards the transportation by
air.
Chapter V--General and Final Provisions
Article 32
Any clause contained in the contract and all special agreements entered
into before the damage occurred by which the parties purport to infringe the
rules laid down by this convention, whether by deciding the law to be
applied, or by altering the rules as to jurisdiction, shall be null and void.
Nevertheless for the transportation of goods arbitration clauses shall be
allowed, subject to this convention, if the arbitration is to take place
within one of the jurisdictions referred to in the first paragraph of article
28.
Article 33
Nothing contained in this convention shall prevent the carrier either from
refusing to enter into any contract of transportation or from making
regulations which do not conflict with the provisions of this convention.
Article 34
This convention shall not apply to international transportation by air
performed by way of experimental trial by air navigation enterprises with the
view to the establishment of regular lines of air navigation, nor shall it
apply to transportation performed in extraordinary circumstances outside the
normal scope of an air carrier's business.
Article 35
The expression "days" when used in this convention means current days, not
working days.
Article 36
This convention is drawn up in French in a single copy which shall remain
deposited in the archives of the Ministry for Foreign Affairs of Poland and
of which one duly certified copy shall be sent by the Polish Government to
the Government of each of the High Contracting Parties.
Article 37
(1) This convention shall be ratified. The instruments of ratification
shall be deposited in the archives of the Ministry for Foreign Affairs of
Poland, which shall give notice of the deposit to the Government of each of
the High Contracting Parties.
(2) As soon as this convention shall have been ratified by five of the High
Contracting Parties it shall come into force as between them on the
nineteenth day after the deposit of the fifth ratification. Thereafter it
shall come into force between the High Contracting Parties which shall have
ratified and the High Contracting Party which deposits its instrument of
ratification on the ninetieth day after the deposit.
(3) It shall be the duty of the Government of the Republic of Poland to
notify the Government of each of the High Contracting Parties of the date on
which this convention comes into force as well as the date of the deposit of
each ratification.
Article 38
(1) This convention shall, after it has come into force, remain open for
adherence by any state.
(2) The adherence shall be effected by a notification addressed to the
Government of the Republic of Poland, which shall inform the Government of
each of the High Contracting Parties thereof.
(3) The adherence shall take effect as from the ninetieth day after the
notification made to the Government of the Republic of Poland.
Article 39
(1) Any one of the High Contracting Parties may denounce this convention by
a notification addressed to the Government of the Republic of Poland, which
shall at once inform the Government of each of the High Contracting Parties.
(2) Denunciation shall take effect six months after the notification of
denunciation, and shall operate only as regards the party which shall have
proceeded to denunciation.
Article 40
(1) Any High Contracting Party may, at the time of signature or of deposit
of ratification or of adherence, declare that the acceptance which it gives
to this convention does not apply to all or any of its colonies,
protectorates, territories under mandate, or any other territory subject to
its sovereignty or its authority, or any other territory under its
suzerainty.
(2) Accordingly any High Contracting Party may subsequently adhere
separately in the name of all or any of its colonies, protectorates,
territories under mandate, or any other territory subject to its sovereignty
or to its authority or any other territory under its suzerainty which have
been thus excluded by its original declaration.
(3) Any High Contracting Party may denounce this convention, in accordance
with its provisions, separately or for all or any of its colonies,
protectorates, territories under mandate, or any other territory subject to
its sovereignty or to its authority, or any other territory under its
suzerainty.
Article 41
Any High Contracting Party shall be entitled not earlier than two years
after the coming into force of this convention to call for the assembling of
a new international conference in order to consider any improvements which
may be made in this convention. To this end it will communicate with the
Government of the French Republic which will take the necessary measures to
make preparations for such conference.
This convention, done at Warsaw on October 12, 1929, shall remain open for
signature until January 31, 1930.
Order of Civil Aeronautics Board Approving Increases in Liability Limitations
of Warsaw Convention and Hague Protocol
Adopted by the Civil Aeronautics Board at its office in Washington, D.C.,
on the 13th day of May 1966.
The Convention for the Unification of Certain Rules Relating to
International Transportation by Air, generally known as the Warsaw
Convention, creates a uniform body of law with respect to the rights and
responsibilities of passengers, shippers, and air carriers in international
air transportation. The United States became a party to the Convention in
1934, and eventually over 90 countries likewise became parties to the
Convention./1/ On November 15, 1965, the U.S. Government gave notice of
denunciation of the Convention, emphasizing that such action was solely
because of the Convention's low limits of liability for personal injury or
death to passengers. Pursuant to Article 39 of the Convention this notice
would become effective upon 6 months' notice, in this case, May 15, 1966.
Subsequently, the International Air Transport Association (IATA) made efforts
to effect an arrangement among air carriers, foreign air carriers, and other
carriers (including carriers not members of IATA) providing the major
portions of international air carriage to and from the United States to
increase the limitations of liability now applicable to claims for personal
injury and death under the Convention and the Protocol. The purpose of such
action is to provide a basis upon which the United States could withdrawn its
notice of denunciation.
NOTE /1/ The Convention was amended by the Protocol signed at Hague in 1955
which has never been ratified by the United States. The Convention (subject
to certain provisions) limits carriers' liability for death or injury to
passengers in international transportation to 125,000 gold francs, or
approximately $8,300. The Protocol, subject to certain provisions, provides
for liability limitations of approximately $16,600.
The arrangement proposed has been embodied in an agreement (Agreement CAB
18900) between various air carriers, foreign air carriers, and other carriers
which has been filed with the Board pursuant to section 412(a) of the Federal
Aviation Act of 1958 [section 1382(a) of this title] and Part 261 of the
Board's economic regulations and assigned the abovedesignated CAB number.
By this agreement, the parties thereto bind themselves to include in their
tariffs, effective May 16, 1966, a special contract in accordance with
Article 22(1) of the Convention or the Protocol providing for a limit of
liability for each passenger for death, wounding, or other bodily injury of
$75,000 inclusive of legal fees, and, in case of a claim brought in a State
where provision is made for separate award of legal fees and costs, a limit
of $58,000 exclusive of legal fees and costs. These limitations shall be
applicable to international transportation by the carrier as defined in the
Convention or Protocol which includes a point in the United States as a point
of origin, point of destination, or agreed stopping place. The parties
further agree to provide in their tariffs that the Carrier shall not, with
respect to any claim arising out of the death, wounding, or other bodily
injury of a passenger, avail itself of any defense under Article 20(1) of the
Convention or the Convention as amended by the Protocol. The tariff
provisions would stipulate, however, that nothing therein shall be deemed to
affect the rights and liabilities of the Carrier with regard to any claim
brought by, on behalf of, or in respect of any person who has willfully
caused damage which results in death, wounding, or other bodily injury of a
passenger.
The carriers by the agreement further stipulate that they will, at time of
delivery of the tickets, furnish to each passenger governed by the Convention
or the Protocol and by the special contract described above, a notice in 10
point type advising international passengers of the limitations of liability
established by the Convention or the Protocol, or the higher liability agreed
to by the special contracts pursuant to the Convention or Protocol as
described above. The agreement is to become effective upon arrival by this
Board, and any carrier may become a party to it by signing a counterpart
thereof and depositing it with the Board. Withdrawal from the agreement may
be effected by giving 12 months' written notice to the Board and the other
Carrier parties thereto.
As indicated, the decision of the U.S. Government to serve notice to
denounce the Convention was predicated upon the low liability limits therein
for personal injury and death. The Government announced, however, that it
would be prepared to withdraw the Notice of Denunciation if, prior to its
effective date, there is a reasonable prospect for international agreement on
limits of liability for international transportation in the area of $100,000
per passenger or on uniform rules without any limit of liability, and if
pending such international agreement there is a provisional arrangement among
the principal international air carriers providing for liability up to
$75,000 per passenger.
Steps, have been taken by the signing carriers to have tariffs become
effective May 16, 1966, upon approval of this agreement, which will increase
by special contract their liability for personal injury or death as described
herein. The signatory carriers provide by far the greater portion of
international transportation to, from, and within the United States. The
agreement will result in a salutory increase in the protection given to
passengers from the increased liability amounts and the waiver of defenses
under Article 20(1) of the Convention or Protocol. The U.S. Government has
concluded that such arrangements warrant withdrawal of the Notice of
Denunciation of the Warsaw Convention. Implementation of the agreement will
permit continued adherence to the Convention with the benefits to be derived
therefrom, but without the imposition of the low liability limits therein
contained upon most international travel involving travel to or from the
United States. The stipulation that no tariff provision shall be deemed to
affect the rights and liabilities of the carrier with regard to any claim
brought by, on behalf of, or in respect of any person who has willfully
caused damage which results in death, wounding or other bodily injury of a
passenger operates to diminish any incentive for sabotage.
Upon consideration of the agreement, and of matters relating thereto of
which the Board takes notice, the Board does not find that the agreement is
adverse to the public interest or in violation of the Act and it will be
approved.
Accordingly, pursuant to the provisions of the Federal Aviation Act of 1958
[see Short Title note set out under section 1301 of this Appendix], and
particularly sections 102, 204(a), and 412 thereof [sections 1302, 1324(a),
and 1382 of this Appendix]:
It is ordered, That: 1. Agreement CAB 18900 is approved.
Sec. 1503. Documents as evidence
The copies of tariffs and of all contracts, agreements, understandings, and
arrangements filed with the Board as herein provided, and the statistics,
tables, and figures contained in the annual or other reports of air carriers
and other persons made to the Board as required under the provisions of this
chapter shall be preserved as public records (except as otherwise provided in
this chapter) in the custody of the secretary of the Board, and shall be
received as prima facie evidence of what they purport to be for the purpose
of investigations by the Board and in all judicial proceedings; and copies
of, and extracts from, any of such tariffs, contracts, agreements,
understandings, arrangements, or reports, certified by the secretary of the
Board, under the seal of the Board, shall be received in evidence with like
effect as the originals.
(Pub. L. 85-726, title XI, Sec. 1103, Aug. 23, 1958, 72 Stat. 797.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1504. Public disclosure of information
Any person may make written objection to the public disclosure of
information contained in any application, report, or document filed pursuant
to provisions of this chapter or of any information obtained by the Board,
the Secretary of State, or the Secretary of Transportation pursuant to the
provisions of this chapter stating the grounds for such objection. Any
information contained in such application, report, or document, or any such
other information obtained by the Board, the Secretary of State, or the
Secretary of Transportation, shall be withheld from public disclosure by the
Board, the Secretary of State or the Secretary of Transportation, as the case
may be, if disclosure of such information would prejudice the formulation and
presentation of positions of the United States in international negotiations
or adversely affect the competitive position of any air carrier in foreign
air transportation. The Board, the Secretary of State, or the Secretary of
Transportation, as the case may be, shall be responsible for classified
information in accordance with appropriate law, except that nothing in this
section shall authorize the withholding of information by the Board, the
Secretary of State, or the Secretary of Transportation from the duly
authorized committees of Congress.
(Pub. L. 85-726, title XI, Sec. 1104, Aug. 23, 1958, 72 Stat. 797; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 95-504, Sec. 39,
Oct. 24, 1978, 92 Stat. 1743; Pub. L. 96-192, Sec. 19, Feb. 15, 1980, 94
Stat. 43.)
Amendments
1980--Pub. L. 96-192 substituted "international negotiations or" for
"international negotiations and".
1978--Pub. L. 95-504 substituted "Secretary of State or the Secretary of
Transportation" for "Administrator" wherever appearing, struck out provision
for withholding information adversely affecting the interests of such person,
and added a provision for withholding information that would prejudice the
position of the United States and adversely affect the competitive position
of an air carrier in foreign air transportation.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Administrator of the Federal Aviation Agency) pursuant to section 6(c)(1) of
Pub. L. 89-670, which transferred all functions, powers, and duties of the
Federal Aviation Agency and the Administrator thereof under this section to
the Secretary of Transportation. See section 106 of Title 49, Transportation.
Sec. 1505. Cooperation with Government agencies
The Board and the Secretary of Transportation may avail themselves of the
assistance of the National Aeronautics and Space Administration and any
research or technical agency of the United States on matters relating to
aircraft fuel and oil and to the design, materials, workmanship,
construction, performance, maintenance, and operation of aircraft, aircraft
engines, propellers, appliances, and air navigation facilities. The Board may
avail itself of the assistance of the Federal Bureau of Investigation and of
any investigatory or intelligence agency of the United States in the
investigation of the activities of any person in connection with an aircraft
accident. The Board may avail itself of the assistance of any medical agency
of the United States in the conduct of such autopsies or tests on the remains
of deceased persons aboard the aircraft at the time of the accident, who die
as a result of the accident, as may be necessary to aid the Board in the
investigation of an aircraft accident. Each such agency is authorized to
conduct such scientific and technical researches, investigations, and tests
as may be necessary to aid the Board and the Secretary of Transportation in
the exercise and performance of their powers and duties. Nothing contained in
this chapter shall be construed to authorize the duplication of the
laboratory research activities of any existing governmental agency.
(Pub. L. 85-726, title XI, Sec. 1105, Aug. 23, 1958, 72 Stat. 798; Pub. L.
87-810 Sec. 3, Oct. 15, 1962, 76 Stat. 921; Pub. L. 89-670, Sec. 6(c)(1),
Oct. 15, 1966, 80 Stat. 937.)
Amendments
1962--Pub. L. 87-810 authorized the Board to avail itself of the assistance
of the Federal Bureau of Investigation, any investigatory or intelligence
agency of the United States and any medical agency of the United States.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under this section to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Sec. 1506. Remedies not exclusive
Nothing contained in this chapter shall in any way abridge or alter the
remedies now existing at common law or by statute, but the provisions of this
chapter are in addition to such remedies.
(Pub. L. 85-726, title XI, Sec. 1106, Aug. 23, 1958, 72 Stat. 798.)
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal
Aviation Act of 1958. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this Appendix and Tables.
Sec. 1507. Public use of facilities; emergency sale of equipment, supplies
and services
(a) Air navigation facilities owned or operated by the United States may be
made available for public use under such conditions and to such extent as the
head of the department or other agency having jurisdiction thereof deems
advisable and may by regulation prescribe.
(b) The head of any Government department or other agency having
jurisdiction over any airport or emergency landing field owned or operated by
the United States may provide for the sale to any aircraft of fuel, oil,
equipment, and supplies, and the furnishing to it of mechanical service,
temporary shelter, and other assistance under such regulations as the head of
the department or agency may prescribe, but only if such action is by reason
of an emergency necessary to the continuance of such aircraft on its course
to the nearest airport operated by private enterprise. All such articles
shall be sold and such assistance furnished at the fair market value
prevailing locally as ascertained by the head of such department or agency.
All amounts received under this subsection shall be covered into the
Treasury; but that part of such amounts which, in the judgment of the head of
the department or agency, is equivalent to the cost of the fuel, oil,
equipment, supplies, services, shelter, or other assistance so sold or
furnished shall be credited to the appropriation from which such cost was
paid, and the balance, if any, shall be credited to miscellaneous receipts.
(Pub. L. 85-726, title XI, Sec. 1107, Aug. 23, 1958, 72 Stat. 798.)
Sec. 1508. Declaration of national sovereignty in air space; operation of
foreign aircraft
(a) The United States of America is declared to possess and exercise
complete and exclusive national sovereignty in the airspace of the United
States, including the airspace above all inland waters and the airspace above
those portions of the adjacent marginal high seas, bays, and lakes, over
which by international law or treaty or convention the United States
exercises national jurisdiction. Aircraft of the armed forces of any foreign
nation shall not be navigated in the United States, including the Canal Zone,
except in accordance with an authorization granted by the Secretary of State.
(b) Foreign aircraft, which are not a part of the armed forces of a foreign
nation, may be navigated in the United States by airmen holding certificates
or licenses issued or rendered valid by the United States or by the nation in
which the aircraft is registered if such foreign nation grants a similar
privilege with respect to aircraft of the United States and only if such
navigation is authorized by permit, order, or regulation issued by the Board
hereunder, and in accordance with the terms, conditions, and limitations
thereof. The Board shall issue such permits, orders, or regulations to such
extent only as it shall find such action to be in the interest of the public:
Provided, however, That in exercising its powers hereunder, the Board shall
do so consistently with any treaty, convention, or agreement which may be in
force between the United States and any foreign country or countries. Foreign
civil aircraft permitted to navigate in the United States under this
subsection may be authorized by the Board to engage in air commerce within
the United States except that they shall not take on at any point within the
United States, persons, property, or mail carried for compensation or hire
and destined for another point within the United States, unless specifically
authorized under section 1386(b)(7) of this Appendix or under regulations
prescribed by the Secretary authorizing United States air carriers to engage
in otherwise authorized common carriage and carriage of mail with foreign
registered aircraft under lease or charter to them without crew. Nothing
contained in this subsection shall be deemed to limit, modify, or amend
section 1372 of this Appendix, but any foreign air carrier holding a permit
under said section shall not be required to obtain additional authorization
under this subsection with respect to any operation authorized by said
permit.
(Pub. L. 85-726, title XI, Sec. 1108, Aug. 23, 1958, 72 Stat. 798; Pub. L.
96-192, Sec. 20, Feb. 15, 1980, 94 Stat. 43.)
References in Text
For definition of Canal Zone, referred to in subsec. (a), see section
3602(b) of Title 22, Foreign Relations and Intercourse.
Amendments
1980--Subsec. (b). Pub. L. 96-192 added ", unless specifically authorized
under section 1386(b)(7) of this Appendix or under regulations prescribed by
the Secretary authorizing United States air carriers to engage in otherwise
authorized common carriage and carriage of mail with foreign registered
aircraft under lease or charter to them without crew" following "another
point within the United States".
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1509. Application of existing laws relating to foreign commerce
(a) Navigation and shipping
Except as specifically provided in sections 143 to 147d of title 33, the
navigation and shipping laws of the United States, including any definition
of "vessel" or "vehicle" found therein and including the rules for the
prevention of collisions, shall not be construed to apply to seaplanes or
other aircraft or to the navigation of vessels in relation to seaplanes or
other aircraft.
(b) Ports of entry for civil aircraft
The Secretary of the Treasury is authorized to (1) designate places in the
United States as ports of entry for civil aircraft arriving in the United
States from any place outside thereof and for merchandise carried on such
aircraft, (2) detail to ports of entry for civil aircraft such officers and
employees of the customs service as he may deem necessary, and to confer or
impose upon any officer or employee of the United States stationed at any
such port of entry (with the consent of the head of the Government department
or other agency under whose jurisdiction the officer or employee is serving)
any of the powers, privileges, or duties conferred or imposed upon officers
or employees of the customs service, and (3) by regulation to provide for the
application to civil air navigation of the laws and regulations relating to
the administration of the customs laws to such extent and upon such
conditions as he deems necessary.
(c) Entry and clearance of vessels
The Secretary of the Treasury is authorized by regulation to provide for
the application to civil aircraft of the laws and regulations relating to the
entry and clearance of vessels to such extent and upon such conditions as he
deems necessary.
(d) Animal and plant quarantine
The Secretary of Agriculture is authorized by regulation to provide for the
application to civil air navigation of the laws and regulations related to
animal and plant quarantine, including the importation, exportation,
transportation, and quarantine of animals, plants, animal and plant products,
insects, bacterial and fungus cultures, viruses, and serums, to such extent
and upon such conditions as he deems necessary.
(e) Appropriations; acquisition of space by Administrator of General Services
There are authorized to be appropriated such sums as may be necessary to
enable the head of any department or agency of the Federal Government charged
with any duty of inspection, clearance, collection of taxes or duties, or
other similar function, with respect to persons or property moving in air
commerce, to acquire such space at public airports (as defined in the Airport
and Airway Improvement Act of 1982 [49 App. U.S.C. 2201 et seq.]) as he
determines, after consultation with the Secretary of Transportation, to be
necessary for the performance of such duty. In acquiring any such space, the
head of such department or agency shall act through the Administrator of
General Services in accordance with the procedures established by law which
are generally applicable to the acquisition of space to be used by
departments and agencies of the Federal Government.
(f) Reporting transfer of ownership
Any person having an ownership interest in any aircraft for which a
certificate of registration has been issued under this chapter shall, upon
the sale, conditional sale, transfer, or conveyance of such ownership
interest, file with the Secretary of the Treasury within 15 days after such
sale, conditional sale, transfer or conveyance such notice as the Secretary
of the Treasury may by regulation require. The filing of a notice under this
subsection shall not relieve any person from the filing requirements under
section 1401 or 1403 of this Appendix.
(Pub. L. 85-726, title XI, Sec. 1109, Aug. 23, 1958, 72 Stat. 799; Pub. L.
87-255, Sec. 9, Sept. 20, 1961, 75 Stat. 527; Pub. L. 89-670, Sec. 6(c)(1),
Oct. 15, 1966, 80 Stat. 937; Pub. L. 91-258, title I, Sec. 52(b)(4)(B), May
21, 1970, 84 Stat. 235; Pub. L. 97-248, title V, Sec. 524(a)(3), Sept. 3,
1982, 96 Stat. 696; Pub. L. 99-570, title III, Sec. 3401(d)(1), Oct. 27,
1986, 100 Stat. 3207-101.)
References in Text
The navigation and shipping laws of the United States, referred to in
subsec. (a), are classified generally to Title 33, Navigation and Navigable
Waters, and to Title 46, Shipping, respectively.
Sections 143 to 147d of title 33, referred to in subsec. (a), were repealed
by Pub. L. 88-131, Sec. 3, Sept. 24, 1963, 77 Stat. 194. See section 1601 et
seq. of Title 33.
The customs laws, referred to in subsec. (b), are classified generally to
Title 19, Customs Duties.
The Airport and Airway Improvement Act of 1982, referred to in subsec. (e),
is Pub. L. 97-248, title V, Sept. 3, 1982, 96 Stat. 671, as amended, which is
classified principally to chapter 31 (Sec. 2201 et seq.) of this Appendix.
"Public Airport" is defined in section 2202(a)(16) of this Appendix. For
complete classification of this Act to the Code, see Short Title note set out
under section 2201 of this Appendix and Tables.
Amendments
1986--Subsec. (f). Pub. L. 99-570 added subsec. (f).
1982--Subsec. (e). Pub. L. 97-248 substituted "Airport and Airway
Improvement Act of 1982" for "Airport and Airway Development Act of 1970".
1970--Subsec. (e). Pub. L. 91-258 substituted "Airport and Airway
Development Act of 1970" for "Federal Airport Act".
1961--Subsec. (e). Pub. L. 87-255 added subsec. (e).
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of
Pub. L. 97-248, set out as an Effective Date note under section 2201 of this
Appendix.
Effective Date of 1961 Amendment
Amendment by Pub. L. 87-255 inapplicable to projects for which amounts have
been obligated by execution of grant agreements before Sept. 20, 1961, such
projects being subject to former chapter 14 of this Appendix prior to its
amendment by Pub. L. 87-255, see section 10 of Pub. L. 87-255.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsec. (e), "Secretary of Transportation" was substituted for
"Administrator" (meaning Administrator of the Federal Aviation Agency)
pursuant to section 6(c)(1) of Pub. L. 89-670, which transferred all
functions, powers, and duties of the Federal Aviation Agency and the
Administrator thereof under this section to the Secretary of Transportation.
See section 106 of Title 49, Transportation.
Regulations To Establish Guidelines for Application for Exemption From Filing
Requirements Concerning Transfer of Ownership
Section 3401(d)(2) of Pub. L. 99-570 provided that: "Within 30 days after
the date of enactment [Oct. 27, 1986] of subsection (f) of section 1109 of
the Federal Aviation Act of 1958 [49 App. U.S.C. 1509(f)] as added by this
subsection, the Secretary of the Treasury shall promulgate regulations
establishing guidelines by which persons or classes of persons may apply for
exemptions from the filing requirements of subsection (f) of section 1109.
The Secretary of the Treasury may exempt such persons or classes of persons
pursuant to such regulations."
Sec. 1510. Geographical extension of jurisdiction
Whenever the President determines that such action would be in the national
interest, he may, to the extent, in the manner, and for such periods of time
as he may consider necessary, extend the application of this chapter to any
areas of land or water outside of the United States and the overlying
airspace thereof in which the Federal Government of the United States, under
international treaty, agreement or other lawful arrangement has the necessary
legal authority to take such action.
(Pub. L. 85-726, title XI, Sec. 1110, Aug. 23, 1958, 72 Stat. 800.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Ex. Ord. No. 10854. Extension of Application
Ex. Ord. No. 10854, Nov. 27, 1959, 24 F.R. 9565, as amended by Ex. Ord. No.
11382, Nov. 28, 1967, 32 F.R. 16247, provided:
The application of the Federal Aviation Act of 1958 (72 Stat. 731; 49
U.S.C.A. Sec. 1301 et seq. [49 App. U.S.C. 1301 et seq.]), to the extent
necessary to permit the Secretary of Transportation to accomplish the
purposes and objectives of Titles III and XII thereof [49 App. U.S.C. 1341 et
seq., 1521 et seq.], is hereby extended to those areas of land or water
outside the United States and the overlying airspace thereof over or in which
the Federal Government of the United States, under international treaty,
agreement or other lawful arrangement, has appropriate jurisdiction or
control: Provided, That the Secretary of Transportation, prior to taking any
action under the authority hereby conferred, shall first consult with the
Secretary of State on matters affecting foreign relations, and with the
Secretary of Defense on matters affecting national-defense interests, and
shall not take any action which the Secretary of State determines to be in
conflict with any international treaty or agreement to which the United
States is a party, or to be inconsistent with the successful conduct of the
foreign relations of the United States, or which the Secretary of Defense
determines to be inconsistent with the requirements of national defense.
Ex. Ord. No. 11326. Regulation of Air Transportation in Ryukyu Islands
Ex. Ord. No. 11326, Feb. 13, 1967, 32 F.R. 2841, as amended by Ex. Ord. No.
11382, Nov. 28, 1967, 32 F.R. 16247, provided:
By virtue of the authority vested in me by the Constitution and laws of the
United States, including Section 1110 of the Federal Aviation Act of 1958 (72
Stat. 800, 49 U.S.C. 1510 [49 App. U.S.C. 1510]), and as President of the
United States and Commander in Chief of the Armed Forces of the United
States, and having determined that such action would be in the national
interest, it is hereby ordered as follows:
Section 1. As used in this order,
(a) "Ryukyu Islands" means the territory, including territorial waters and
overlying airspace, to which Executive Order No. 10713 of June 5, 1957, as
amended, applies.
(b) "Act" means the Federal Aviation Act of 1958 (72 Stat. 731, 49 U.S.C.
1301 et seq. [49 App. U.S.C. 1301 et seq.]), as amended.
(c) "Board" means the Civil Aeronautics Board.
(d) "High Commissioner" means the High Commissioner of the Ryukyu Islands.
Sec. 2. The provisions of Titles IV, VII, IX, X, and Section 1108(b) of the
Act [49 App. U.S.C. 1371 et seq., 1461 et seq., 1471 et seq., 1481 et seq.,
and 1508(b)] together with the related definitions in Section 101 thereof [49
App. U.S.C. 1301], are extended to the Ryukyu Islands insofar as applicable
to the economic regulation by the Board of civil air transportation
originating in the Ryukyu Islands and terminating elsewhere, or terminating
in the Ryukyu Islands and originating elsewhere, or transiting the Ryukyu
Islands.
Sec. 3. The provisions of Title VII of the Act [49 App. U.S.C. 1441 et
seq.] are extended to the Ryukyu Islands for all purposes.
Sec. 4. Before taking action on any application filed pursuant to the Act
as extended by this order, the Board shall obtain and consider the views of
the High Commissioner concerning such application. The High Commissioner
shall promptly provide such views to the Board on request.
Sec. 5. All presently outstanding orders, authorizations, and regulations
applicable to the Ryukyu Islands, heretofore entered by the Board under the
Act or by a predecessor agency under the Civil Aeronautics Act of 1938 (52
Stat. 973), are hereby ratified and confirmed.
Sec. 6. The High Commissioner shall control and regulate aviation within
the Ryukyu Islands except as provided in Sections 2 and 3. The Board and the
Secretary of Transportation shall furnish the High Commissioner such
technical advice and assistance, pursuant to interagency agreement, as he
shall require to carry out this responsibility.
Sec. 7. The Ryukyu Islands are removed from the applicability of Executive
Order No. 10854 of November 27, 1959.
Lyndon B. Johnson.
Sec. 1511. Authority to refuse transportation; grounds; agreements for
carriage of persons or property deemed to include agreements to refuse
carriage upon refusal of consent to search
(a) The Secretary of Transportation shall, by regulation, require any air
carrier, intrastate air carrier, or foreign air carrier to refuse to
transport--
(1) any person who does not consent to a search of his person, as
prescribed in section 1356(a) of this Appendix, to determine whether he is
unlawfully carrying a dangerous weapon, explosive, or other destructive
substance, or
(2) any property of any person who does not consent to a search or
inspection of such property to determine whether it unlawfully contains a
dangerous weapon, explosive, or other destructive substance.
Subject to reasonable rules and regulations prescribed by the Secretary of
Transportation, any such carrier may also refuse transportation of a
passenger or property when, in the opinion of the carrier, such
transportation would or might be inimical to safety of flight.
(b) Any agreement for the carriage of persons or property in air
transportation or intrastate air transportation by an air carrier, intrastate
air carrier, or foreign air carrier for compensation or hire shall be deemed
to include an agreement that such carriage shall be refused when consent to
search such persons or inspect such property for the purposes enumerated in
subsection (a) of this section is not given.
(Pub. L. 85-726, title XI, Sec. 1111, as added Pub. L. 87-197, Sec. 4, Sept.
5, 1961, 75 Stat. 467, and amended Pub. L. 89-670, Sec. 6(c)(1), Oct. 15,
1966, 80 Stat. 937; Pub. L. 93-366, title II, Sec. 204, Aug. 5, 1974, 88
Stat. 418.)
Amendments
1974--Pub. L. 93-366 designated existing provisions as subsec. (a) and, as
so designated, added authorization of Administrator to refuse transportation
to any person or any property of any person where consent to the search of
such person or property was not given, and added subsec. (b).
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
In subsec. (a), "Secretary of Transportation" was substituted for
"Administrator" (meaning Federal Aviation Administrator) on authority of
section 6(c)(1) of Pub. L. 89-670, in view of the transfer of all functions,
powers, and duties of the Federal Aviation Agency and of the Administrator
and other offices and officers thereof to the Secretary of Transportation,
with the functions, powers, and duties of the Secretary of Transportation
pertaining to aviation safety under this section to be exercised by the
Federal Aviation Administrator in the Department of Transportation. See
section 106 of Title 49, Transportation.
Sec. 1512. State or subdivision income tax withholding on compensation paid
to interstate air carrier employees
(a) Compensation subject to income tax laws of State or subdivision;
requirements respecting applicability
No part of the compensation paid by an air carrier to an employee who
performs his regularly assigned duties as such an employee on an aircraft in
more than one State, shall be subject to the income tax laws of any State or
subdivision thereof other than the State or subdivision thereof of such
employee's residence and the State or subdivision thereof in which such
employee earns more than 50 per centum of the compensation paid by the
carrier to such employee.
(b) State or subdivision where employee deemed to have earned 50 per centum
of compensation
For the purposes of subsection (a) of this section, an employee shall be
deemed to have earned 50 per centum of his compensation in any State or
subdivision in which his scheduled flight time in such State or subdivision
is more than 50 per centum of his total scheduled flight time in the calendar
year while so employed.
(c) "State" and "compensation" defined
For the purposes of this section the term "State" also means the District
of Columbia and any of the possessions of the United States; and the term
"compensation" shall mean all moneys received for services rendered by the
employee in the performance of his duties and shall include wages and salary.
(Pub. L. 85-726, title XI, Sec. 1112, as added Pub. L. 91-569, Sec. 4(a),
Dec. 23, 1970, 84 Stat. 1502, and amended Pub. L. 96-193, title IV, Sec. 402,
Feb. 18, 1980, 94 Stat. 57.)
Amendments
1980--Subsec. (a). Pub. L. 96-193 substituted provisions relating to
applicability of income tax laws of any State or subdivision on compensation
paid to interstate air carrier employees for provisions relating to
requirements respecting State or subdivision income tax withholding on
compensation paid to interstate air carrier employees.
Subsec. (b). Pub. L. 96-193 reenacted provisions without change.
Subsec. (c). Pub. L. 96-193 struck out applicability of definition under
subsec. (a) of this section.
Effective Date
Section 5 of Pub. L. 91-569 provided that: "The amendments made by this Act
[enacting sections 27, 325a, 922b, and 1512 of this Appendix, amending
section 302 of this Appendix, and enacting provisions set out as notes under
this section] shall become effective on the first day of the first calendar
year beginning after the date of enactment of this Act [Dec. 23, 1970]."
Separability of Provisions
Section 6 of Pub. L. 91-569 provided that: "If any provision of this Act
[enacting sections 27, 325a, 922b, and 1512 of this Appendix, amending
section 302 of this Appendix, and enacting provisions set out as notes under
this section] or the application thereof to any person or circumstance is
held invalid, the remainder of this Act and the application of the provision
to other persons or other circumstances shall not be affected thereby."
Sec. 1513. State taxation of air commerce
(a) Prohibition; exemption
No State (or political subdivision thereof, including the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, the District of Columbia, the
territories or possessions of the United States or political agencies of two
or more States) shall levy or collect a tax, fee, head charge, or other
charge, directly or indirectly, on persons traveling in air commerce or on
the carriage of persons traveling in air commerce or on the sale of air
transportation or on the gross receipts derived therefrom; except as provided
in subsection (e) of this section and except that any State (or political
subdivision thereof, including the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the District of Columbia, the territories or possessions of
the United States or political agencies of two or more States) which levied
a tax, fee, head charge, or other charge, directly or indirectly, on persons
traveling in air commerce or on the carriage of persons traveling in air
commerce or on the sale of air transportation or on the gross receipts
derived therefrom prior to May 21, 1970, shall be exempt from the provisions
of this subsection until December 31, 1973.
(b) Permissible State taxes and fees
Except as provided in subsection (d) of this section, nothing in this
section shall prohibit a State (or political subdivision thereof, including
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the District of
Columbia, the territories or possessions of the United States or political
agencies of two or more States) from the levy or collection of taxes other
than those enumerated in subsection (a) of this section, including property
taxes, net income taxes, franchise taxes, and sales or use taxes on the sale
of goods or services; and nothing in this section shall prohibit a State (or
political subdivision thereof, including the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, the District of Columbia, the territories or
possessions of the United States or political agencies of two or more States)
owning or operating an airport from levying or collecting reasonable rental
charges, landing fees, and other service charges from aircraft operators for
the use of airport facilities.
(c) Nonapplicability of subsection (a) to airport operating authority until
December 31, 1973
In the case of any airport operating authority which--
(1) has an outstanding obligation to repay a loan or loans of amounts
borrowed and expended for airport improvements;
(2) is collecting without air carrier assistance, a head tax on
passengers in air transportation for the use of its facilities; and
(3) has no authority to collect any other type of tax to repay such loan
or loans,
the provisions of subsection (a) of this section shall not apply to such
authority until December 31, 1973.
(d) Acts which unreasonably burden and discriminate against interstate
commerce; definitions
(1) The following acts unreasonably burden and discriminate against
interstate commerce and a State, subdivision of a State, or authority acting
for a State or subdivision of a State may not do any of them:
(A) assess air carrier transportation property at a value that has a
higher ratio to the true market value of the air carrier transportation
property than the ratio that the assessed value of other commercial and
industrial property of the same type in the same assessment jurisdiction
has to the true market value of the other commercial and industrial
property;
(B) levy or collect a tax on an assessment that may not be made under
subparagraph (A) of this paragraph; or
(C) levy or collect an ad valorem property tax on air carrier
transportation property at a tax rate that exceeds the tax rate applicable
to commercial and industrial property in the same assessment jurisdiction.
(2) In this subsection--
(A) "Assessment" means valuation for a property tax levied by a taxing
district;
(B) "assessment jurisdiction" means a geographical area in a State used
in determining the assessed value of property for ad valorem taxation;
(C) "air carrier transportation property" means property, as defined by
the Civil Aeronautics Board, owned or used by an air carrier providing air
transportation;
(D) "commercial and industrial property" means property, other than
transportation property and land used primarily for agricultural purposes
or timber growing, devoted to a commercial or industrial use and subject to
a property tax levy; and
(E) "State" shall include the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the District of Columbia, the territories or possessions of
the United States, and political agencies of two or more States.
(3) This subsection shall not apply to any in lieu tax which is wholly
utilized for airport and aeronautical purposes.
(e) Authority for imposition of passenger facility charges
(1) In general
Subject to the provisions of this subsection, the Secretary may grant a
public agency which controls a commercial service airport authority to
impose a fee of $1.00, $2.00, or $3.00 for each paying passenger of an
air carrier enplaned at such airport to finance eligible airport-related
projects to be carried out in connection with such airport or any other
airport which such agency controls. For purposes of this subsection,
financing an eligible airport-related project includes making payments
for debt service on bonds and other indebtedness incurred to carry out
such project.
(2) Use of revenues and relationship between fees and revenues
The Secretary may grant a public agency which controls a commercial
service airport authority to impose a fee under this subsection to
finance specific projects only if the Secretary finds, on the basis of an
application submitted for such authority--
(A) that the amount and duration of the proposed fee will result
in revenues (including interest and other returns on such revenues)
which do not exceed amounts necessary to finance the specific
projects; and
(B) that each of the specific projects is an eligible airport-related
project which will--
(i) preserve or enhance capacity, safety, or security of the national
air transportation system,
(ii) reduce noise resulting from an airport which is part of such
system, or
(iii) furnish opportunities for enhanced competition between or
among air carriers.
(3) Limitation regarding passengers of air carriers receiving essential
air service compensation
If a passenger of an air carrier is being provided air service to an
eligible point under section 1389 of this Appendix for which compensation
is being paid under such section, a public agency which controls any other
airport may not impose a fee pursuant to this subsection for enplanement
of such passenger with respect to such air service.
(4) Limitation regarding obligations
No fee may be imposed pursuant to this subsection for a project which is
not approved by the Secretary under this subsection on or before September
30, 1993, if, during fiscal year 1993, the amount available for obligation
under section 1389 of this Appendix is less than $38,600,000. This
limitation on the authority to impose a fee shall not apply if the amount
available in fiscal year 1993 for obligation under section 1389 of this
Appendix is less than $38,600,000 as a result of sequestration or other
general appropriations reductions applied proportionately to appropriations
accounts throughout an appropriations Act. The provisions of this paragraph
shall not affect the authority of the Secretary to approve the imposition
of a fee or the use of revenues derived from a fee imposed pursuant to an
approval made under this subsection by a public agency which has received
an approval to impose a fee under this subsection prior to September 30,
1993, regardless of whether such fee is being imposed on September 30,
1993.
(5) Linkage
The Secretary may not grant a public agency authority to impose a fee
pursuant to this subsection unless the Secretary has--
(A) issued a final rule establishing a program for reviewing airport
noise and access restrictions on operations of Stage 2 and Stage 3
aircraft pursuant to section 2153(a) of this Appendix; and
(B) issued a notice of proposed rulemaking to consider more efficient
allocation of existing capacity at high density airports under section
9126 of the Aviation Safety and Capacity Expansion Act of 1990 /1/.
NOTE /1/ See References in Text note below.
(6) Two enplanements per trip limitation
Enplaned passengers on whom a fee may be imposed by a public agency
pursuant to this subsection include passengers of air carriers
originating or connecting at the commercial service airport which the
agency controls. A fee may not be collected pursuant to this subsection
from a passenger with respect to any enplanement of such passenger, on a
one-way trip and on a trip in each direction of a round trip, after the
second enplanement for which a fee has been collected pursuant to this
subsection from such passenger.
(7) Air carrier rates, fees, and charges
(A) Treatment of fee revenues
Revenues derived from fees collected pursuant to this subsection
shall not be treated as airport revenues for the purpose of
establishing a rate, fee, or charge pursuant to a contract between a
public agency which controls a commercial service airport and an air
carrier.
(B) Capital costs
Except as provided by subparagraph (C), a public agency which
controls a commercial service airport shall not include in its rate
base by means of depreciation, amortization, or any other method
that portion of the capital costs of a project paid for using
revenues derived from fees collected pursuant to this subsection for
the purpose of establishing a rate, fee, or charge pursuant to a
contract between such agency and an air carrier.
(C) Facilities financed with fee revenues
With respect to a project for terminal development, gates and related
areas, or a facility which is occupied or utilized by 1 or more air
carriers on an exclusive or preferential basis, the ra@s, fees, and
charges payable by air carriers which use such facilities shall be no
less than the rates, fees, and charges paid by carriers using similar
facilities at the airport which were not financed using revenues
derived from collection of a fee imposed pursuant to this subsection.
(8) Exclusivity of authority
No State or political subdivision or agency thereof which is not a
public agency controlling a commercial service airport shall prohibit,
limit, or regulate the imposition of fees by the public agency pursuant
to this subsection, collection of such fees, or use of revenues derived
therefrom. No contract between an air carrier and a public agency which
controls a commercial service airport entered into before, on, or after
the date of the enactment of this subsection shall impair the authority
of the public agency to impose fees pursuant to this subsection and to
use the revenues derived from such fees in accordance with this
subsection.
(9) Nonexclusivity of contractual agreements
No project carried out through the use of a fee collected pursuant to
this subsection may be subject to an exclusive long-term lease or use
agreement of an air carrier, as defined by the Secretary by regulation.
No lease or use agreement of an air carrier with respect to a project
constructed or expanded through the use of such fee may restrict the
public agency which controls the airport from funding, developing, or
assigning new capacity at the airport with revenues derived from fees
imposed pursuant to this subsection.
(10) Collection and handling of fees by air carriers
The regulations issued by the Secretary to carry out this subsection
shall--
(A) require air carriers and their agents to collect fees imposed
by public agencies pursuant to this subsection;
(B) establish procedures regarding handling and remittance of the
amounts so collected;
(C) ensure that such amounts are promptly paid to the public agency
for which they are collected less a uniform amount determined
by the Secretary as reflecting average necessary and reasonable
expenses (net of interest accruing to the air carrier and agent after
collection and prior to remittance) incurred in the collection and
handling of such fees; and
(D) require that the amount of fees collected pursuant to this
subsection with respect to any air transportation be noted on the
ticket for such air transportation.
(11) Application process
(A) Submission
A public agency which controls a commercial service airport and is
interested in imposing a fee pursuant to this subsection shall submit to
the Secretary an application for authority to impose such fee.
(B) Content
An application submitted under this paragraph shall contain such
information and be in such form as the Secretary may require by
regulation.
(C) Opportunity for consultation
Before submission of an application under this paragraph, a public
agency shall provide reasonable notice to, and an opportunity for
consultation with, air carriers operating at the airport. The
Secretary shall issue regulations which define reasonable notice and
contain the following requirements at a minimum:
(i) A public agency must provide written notice--
(I) of individual projects being considered for funding through
imposition of a fee pursuant to this subsection; and
(II) of the date and location of a meeting to present such
projects to air carriers operating at the airport.
(ii) Not later than 30 days after the issuance of a written
notice under clause (i), each air carrier operating at the
airport must provide to the public agency written notice of
receipt of such notice. Failure of an air carrier to provide such
notice may be deemed as certification of agreement with the
project by such air carrier under clause (iv).
(iii) Not later than 45 days after the issuance of written
notice under clause (i), the public agency must conduct a meeting
to provide air carriers--
(I) descriptions of projects;
(II) justifications for projects; and
(III) a detailed financial plan for projects.
(iv) Not later than 30 days after the date of such meeting, each
air carrier must provide the public agency with certification of
agreement or disagreement with projects (or total plan for such
projects). The failure of an air carrier to submit such certification
shall be deemed as certification of agreement with the project by such
air carrier. Any certification of disagreement shall contain the
reasons for such disagreement. The absence of such reasons will void
the certification of disagreement.
(D) Notice and opportunity for comment
After receiving an application under this paragraph, the Secretary
shall provide notice and an opportunity for comment by air carriers
and other interested persons concerning such application.
(E) Approval
A fee may only be imposed pursuant to this subsection if the Secretary
approves an application granting authority for the imposition of such
fee. Not later than 120 days after the date of receipt of such an
application, the Secretary shall make a final decision regarding
approval of such application.
(12) Recordkeeping and audits
(A) With respect to collection of fees
The Secretary shall issue regulations requiring such recordkeeping and
auditing of accounts maintained by an air carrier and any agency
thereof which is collecting a fee imposed pursuant to this subsection
and by the public agency which is imposing such fee as may be
necessary to ensure compliance with this subsection.
(B) With respect to use of revenues
The Secretary shall periodically audit and review the use by a
public agency which controls an airport of revenues derived from a
fee imposed pursuant to this subsection. Upon such review and after
a public hearing, the Secretary may terminate the authority of such
agency to impose such fee, in whole or in part, to the extent the
Secretary determines that revenues derived therefrom are not being
used in accordance with this subsection.
(C) Set-off
If the Secretary determines that a fee imposed pursuant to this
subsection is excessive or that the revenues derived from such fee
are not being used in accordance with this subsection, the Secretary
may set off such amounts as may be necessary to ensure compliance
with this subsection against amounts otherwise payable to the public
agency under this chapter.
(13) Terms and conditions
Authority granted to impose a fee pursuant to this subsection shall be
subject to such terms and conditions as the Secretary may establish to
carry out the objectives of this subsection.
(14) Issuance of regulations
Not later than 180 days after November 5, 1990, the Secretary shall
issue such regulations as may be necessary to carry out this subsection.
Such regulations may prescribe the time and form by which a fee imposed
pursuant to this subsection shall take effect.
(15) Definitions
For purposes of this subsection, the following definitions apply:
(A) Air carrier
The term "air carrier" includes a foreign air carrier.
(B) Airport, commercial service airport, and public agency
The terms "airport", "commercial service airport", and "public
agency" have the meaning such terms have under section 2202 of this
Appendix.
(C) Eligible airport-related project
The term "eligible airport-related project" means--
(i) a project for airport development under this chapter;
(ii) a project for airport planning under such chapter;
(iii) a project for terminal development described in section
2212(b) of this Appendix;
(iv) a project for airport noise capability planning under
section 2103(b) of this Appendix;
(v) a project to carry out noise compatibility measures which
are eligible for assistance under section 2104 of this Appendix
without regard to whether or not a program has been approved for
such measures under such section; and
(vi) a project for construction of gates and related areas at
which passengers are enplaned or deplaned.
(D) Secretary
The term "Secretary" means the Secretary of Transportation.
(f) Flight takeoff or landing requirement for State taxation
No State (as such term is defined under subsection (d)(2)(E) of this
section) or political subdivision thereof shall levy or collect any tax on
or with respect to any flight of a commercial aircraft or any activity or
service on board such aircraft unless such aircraft takes off or lands in
such State or political subdivision as part of such flight.
(Pub. L. 85-726, title XI, Sec. 1113, as added Pub. L. 93-44, Sec. 7(a), June
18, 1973, 87 Stat. 90, and amended Pub. L. 97-248, title V, Sec. 532, Sept.
3, 1982, 96 Stat. 701; Pub. L. 101-508, title IX, Secs. 9110, 9125, 104 Stat.
1388-357, 1388-370; Pub. L. 102-581, title I, Sec. 105, Oct. 31, 1992, 106
Stat. 4877.)
References in Text
Section 9126 of the Aviation Safety and Capacity Expansion Act of 1990,
referred to in subsec. (e)(5)(B), is section 9126 of Pub. L. 101-508. The
Aviation Safety and Capacity Expansion Act of 1990 is subtitle B of Pub. L.
101-508 (Secs. 9101 to 9131), Nov. 5, 1990, 104 Stat. 1388-353. For complete
classification of this Act to the Code, see Short Title note set out under
section 2201 of this Appendix and Tables.
Amendments
1992--Subsec. (e)(4). Pub. L. 102-581 substituted "under this subsection on
or before September 30, 1993, if, during fiscal year 1993, the amount
available for obligation under section 1389 of this Appendix is less than
$38,600,000. This limitation on the authority to impose a fee shall not apply
if the amount available in fiscal year 1993 for obligation under section 1389
of this Appendix is less than $38,600,000 as a result of sequestration or
other general appropriations reductions applied proportionately to
appropriations accounts throughout an appropriations Act. The provisions of
this paragraph shall not affect the authority of the Secretary to approve the
imposition of a fee or the use of revenues derived from a fee imposed
pursuant to an approval made under this subsection by a public agency which
has received an approval to impose a fee under this subsection prior to
September 30, 1993, regardless of whether such fee is being imposed on
September 30, 1993." for "under this subsection on or before September 30,
1992--
"(A) if, during fiscal years 1991 and 1992, the amount available for
obligation, in the aggregate, under section 2202 of this Appendix is
less than $3,700,000,000; or
"(B)(i) if, during fiscal year 1991, the amount available for
obligation, in the aggregate, under section 1389 of this Appendix is
less than $26,600,000; or
"(ii) if, during fiscal year 1992, the amount available for
obligation, in the aggregate, under section 1389 of this Appendix is
less than $38,600,000."
1990--Subsec. (a). Pub. L. 101-508, Sec. 9110(1), inserted "except as
provided in subsection (e) of this section and" before "except that".
Subsec. (e). Pub. L. 101-508, Sec. 9110(2), added subsec. (e).
Subsec. (f). Pub. L. 101-508, Sec. 9125, added subsec. (f).
1982--Subsec. (b). Pub. L. 97-248, Sec. 532(a), substituted "Except as
provided in subsection (d) of this section, nothing" for "Nothing".
Subsec. (d). Pub. L. 97-248, Sec. 532(b), added subsec. (d).
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-248 effective Sept. 3, 1982, see section 523(b) of
Pub. L. 97-248, set out as an Effective Date note under section 2201 of this
Appendix.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1514. Suspension of air services by President; grounds; authority of
President deemed condition to issuance of certificate of public
convenience and necessity, etc.; unlawful activities
(a) Whenever the President determines that a foreign nation is acting in a
manner inconsistent with the Convention for the Suppression of Unlawful
Seizure of Aircraft, or if he determines that a foreign nation permits the
use of territory under its jurisdiction as a base of operations or training
or as a sanctuary for, or in any way arms, aids, or abets, any terrorist
organization which knowingly uses the illegal seizure of aircraft or the
threat thereof as an instrument of policy, he may, without notice or hearing
and for as long as he determines necessary to assure the security of aircraft
against unlawful seizure, suspend (1) the right of any air carrier or foreign
air carrier to engage in foreign air transportation, and the right of any
person to operate aircraft in foreign air commerce, to and from that foreign
nation, and (2) the right of any foreign air carrier to engage in foreign air
transportation, and the right of any foreign person to operate aircraft in
foreign air commerce, between the United States and any foreign nation which
maintains air service between itself and that foreign nation. Notwithstanding
section 1502 of this Appendix, the President's authority to suspend rights
under this section shall be deemed to be a condition to any certificate of
public convenience and necessity or foreign air carrier or foreign aircraft
permit issued by the Civil Aeronautics Board and any air carrier operating
certificate or foreign air carrier operating specification issued by the
Secretary of Transportation.
(b) It shall be unlawful for any air carrier or foreign air carrier to
engage in foreign air transportation, or for any person to operate aircraft
in foreign air commerce, in violation of the suspension of rights by the
President under this section.
(Pub. L. 85-726, title XI, Sec. 1114, as added Pub. L. 93-366, title I, Sec.
106, Aug. 5, 1974, 88 Stat. 413.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
Sec. 1515. Security standards in foreign air transportation
(a) Assessment of security measures
(1) The Secretary of Transportation shall conduct at such intervals as the
Secretary shall deem necessary an assessment of the effectiveness of the
security measures maintained at those foreign airports being served by air
carriers, those foreign airports from which foreign air carriers serve the
United States, those foreign airports which pose a high risk of introducing
danger to international air travel, and at such other foreign airports as the
Secretary may deem appropriate.
(2) Each such assessment shall be made by the Secretary of Transportation
in consultation with the appropriate aeronautic authorities of the foreign
government concerned and each air carrier serving the foreign airport at
which the Secretary is conducting such assessment.
(3) The assessment shall determine the extent to which an airport
effectively maintains and administers security measures. In making an
assessment of any airport under this subsection, the Secretary shall use a
standard which will result in an analysis of the security measures at such
airport based upon, at a minimum, the standards and appropriate recommended
practices contained in Annex 17 to the Convention on International Civil
Aviation, as those standards and recommended practices are in effect on the
date of such assessment.
(b) Consultation with Secretary of State
In carrying out subsection (a) of this section, the Secretary of
Transportation shall consult the Secretary of State with respect to the
terrorist threat which exists in each country. The Secretary of
Transportation shall also consult with the Secretary of State in order to
determine which foreign airports are not under the de facto control of the
government of the country in which they are located and pose a high risk of
introducing danger to international air travel.
(c) Report of assessments
Each report to the Congress required by section 1356(a) of this Appendix
shall contain a summary of the assessments conducted pursuant to subsection
(a) of this section.
(d) Notification to foreign country of determination
Whenever, after an assessment in accordance with subsection (a) of this
section, the Secretary of Transportation determines that an airport does not
maintain and administer effective security measures, the Secretary (after
advising the Secretary of State) shall notify the appropriate authorities of
such foreign government of such determination, and recommend the steps
necessary to bring the security measures in use at that airport up to the
standard used by the Secretary in making such assessment.
(e) Notice and sanctions
(1) Paragraph (2) of this subsection shall become effective--
(A) 90 days after notification to the foreign government pursuant to
subsection (d) of this section, if the Secretary of Transportation finds
that the foreign government has failed to bring the security measures at
the identified airport up to the standard used by the Secretary in making
an assessment of such airport under subsection (a) of this section; or
(B) immediately upon the Secretary of Transportation's determination
under subsection (d) of this section if the Secretary of Transportation
determines, after consultation with the Secretary of State, that a
condition exists that threatens the safety or security of passengers,
aircraft, or crew traveling to or from such airport.
The Secretary of Transportation shall immediately notify the Secretary of
State of any determination made pursuant to subparagraph (B) so that the
Secretary of State may comply with the requirement of section 1515a(a) of
this Appendix that a travel advisory be issued.
(2) Subject to paragraph (1), if the Secretary of Transportation determines
pursuant to this section that an airport does not maintain and administer
effective security measures--
(A) the Secretary of Transportation--
(i) shall publish the identity of such airport in the Federal Register,
(ii) shall cause the identity of such airport to be posted and
prominently displayed at all United States airports regularly being
served by scheduled air carrier operations, and
(iii) shall notify the news media of the identity of such airport;
(B) each air carrier and foreign air carrier providing service between
the United States and such airport shall provide notice of such
determination by the Secretary to any passenger purchasing a ticket for
transportation between the United States and such airport, with such notice
to be made by written material included on or with such ticket;
(C) the Secretary of Transportation, after consultation with the
appropriate aeronautical authorities of the foreign government concerned
and each air carrier serving such airport, may, notwithstanding section
1502 of this Appendix and with the approval of the Secretary of State,
withhold, revoke, or impose conditions on the operating authority of any
air carrier or foreign air carrier to engage in foreign air transportation
utilizing such airport; and
(D) the President may prohibit air carriers and foreign air carriers from
providing service between the United States and any other foreign airport
which is directly or indirectly served by aircraft flying to or from the
airport with respect to which the determination is made under this section.
(3) The Secretary of Transportation shall promptly submit to the Congress a
report (with a classified annex if necessary) on any action taken under this
subsection, setting forth information concerning the attempts made to secure
the cooperation of the foreign government in meeting the standard used by the
Secretary in making the assessment of the airport under subsection (a) of
this section.
(f) Lifting of sanctions
(1) The sanctions required to be imposed with respect to an airport
pursuant to subsection (e)(2)(A) and (B) of this section may be lifted only
if the Secretary of Transportation, in consultation with the Secretary of
State, has determined that effective security measures are maintained and
administered at that airport.
(2) The Congress shall be notified if any sanction imposed pursuant to
subsection (e) of this section is lifted.
(g) Authority for immediate suspension of air service
Notwithstanding sections 1502 and 1514 of this Appendix, whenever the
Secretary of Transportation determines that--
(1) a condition exists that threatens the safety or security of
passengers, aircraft, or crew traveling to or from a foreign airport, and
(2) the public interest requires an immediate suspension of services
between the United States and the identified airport,
the Secretary of Transportation shall, without notice or hearing and with the
approval of the Secretary of State, suspend the right of any air carrier or
foreign air carrier to engage in foreign air transportation to or from that
foreign airport and the right of any person to operate aircraft in foreign
air commerce to or from that foreign airport.
(h) Conditions of authority
The provisions of this section shall be deemed to be a condition to any
authority granted under subchapter IV or subchapter VI of this chapter to any
air carrier or any foreign air carrier, issued under authority vested in the
Secretary of Transportation.
(Pub. L. 85-726, title XI, Sec. 1115, as added Pub. L. 93-366, title I, Sec.
106, Aug. 5, 1974, 88 Stat. 414, and amended Pub. L. 99-83, title V, Sec.
551(a) Aug. 8, 1985, 99 Stat. 222; Pub. L. 101-604, title I, Sec. 102(c)(2),
Nov. 16, 1990, 104 Stat. 3069.)
Amendments
1990--Subsec. (c). Pub. L. 101-604 inserted "(a)" after "section 1356".
1985--Subsec. (a). Pub. L. 99-83 amended subsec. (a) generally,
substituting provisions relating to authority of the Secretary of
Transportation with respect to assessment of security measures, for
provisions relating to notice by the Secretary of State to foreign nations of
security measures below minimum standards.
Subsec. (b). Pub. L. 99-83 amended subsec. (b) generally, substituting
provisions relating to consultative requirements of the Secretary of
Transportation with the Secretary of State, for provisions relating to
determinations by the Secretary of Transportation and notice to foreign
nations of security measures below minimum standards and necessary remedial
measures, and the effect of failure to implement remedial measures.
Subsecs. (c) to (h). Pub. L. 99-83, in amending section generally, added
subsecs. (c) to (h).
Effective Date of 1985 Amendment
Section 559 of Pub. L. 99-83 provided that: "This part [part B of title V
(Secs. 551 to 559) of Pub. L. 99-83, enacting sections 1356b and 1515a of
this Appendix, amending sections 1356, 1471, and 1515 of this Appendix, and
enacting provisions set out as a note under this section] shall take effect
on the date of enactment of this Act [Aug. 8, 1985]."
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
Multilateral and Bilateral Agreements With Respect to Aircraft Sabotage,
Aircraft Hijacking, and Airport Security
Section 556 of Pub. L. 99-83 provided that: "The Secretary of State shall
seek multilateral and bilateral agreement on strengthening enforcement
measures and standards for compliance with respect to aircraft sabotage,
aircraft hijacking, and airport security."
Sec. 1515a. Travel advisory and suspension of foreign assistance
(a) Travel advisory
Upon being notified by the Secretary of Transportation that the Secretary
has determined, pursuant to subsection (e)(1)(B) of section 1515 of this
Appendix that a condition exists that threatens the safety or security of
passengers, aircraft, or crew travelling to or from a foreign airport which
the Secretary of Transportation has determined pursuant to that section to be
an airport which does not maintain and administer effective security
measures, the Secretary of State shall immediately issue a travel advisory
with respect to that airport. Any travel advisory issued pursuant to this
subsection shall be published in the Federal Register. The Secretary of State
shall take the necessary steps to widely publicize that travel advisory.
(b) Suspension of foreign assistance
The President shall suspend all assistance under the Foreign Assistance Act
of 1961 [22 U.S.C. 2151 et seq.] or the Arms Export Control Act [22 U.S.C.
2751 et seq.] to any country in which is located an airport with respect to
which section 1515(e)(2) of this Appendix becomes effective if the Secretary
of State determines that such country is a high terrorist threat country. The
President may waive the requirements of this subsection if the President
determines and reports to the Congress that national security interests or a
humanitarian emergency require such waiver.
(c) Lifting sanctions
The sanctions required to be imposed pursuant to this section may be lifted
only if, pursuant to section 1515(f) of this Appendix, the Secretary of
Transportation, in consultation with the Secretary of State, has determined
that effective security measures are maintained and administered at the
airport with respect to which the Secretary of Transportation had made the
determination described in section 1515 of this Appendix.
(d) Notification to Congress
The Congress shall be notified if any sanction imposed pursuant to this
section is lifted.
(Pub. L. 99-83, title V, Sec. 552, Aug. 8, 1985, 99 Stat. 226.)
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (b), is Pub. L.
87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified
principally to chapter 32 (Sec. 2151 et seq.) of Title 22, Foreign Relations
and Intercourse. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of Title 22 and Tables.
The Arms Export Control Act, referred to in subsec. (b), is Pub. L. 90-629,
Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified principally to
chapter 39 (Sec. 2751 et seq.) of Title 22. For complete classification of
this Act to the Code, see Short Title note set out under section 2751 of
Title 22 and Tables.
Codification
Section was enacted as part of the International Security and Development
Cooperation Act of 1985, and not as part of the Federal Aviation Act of 1958
which comprises this chapter.
Delegation of Functions
Functions of the President under subsec. (b) were delegated to the
Secretary of State by section 1-201(a)(25) of Ex. Ord. No. 12163, Sept. 29,
1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of
Title 22, Foreign Relations and Intercourse.
Sec. 1516. Property not lawfully transportable in aircraft cabin transported
as baggage; liability of air carrier for loss or damage; terms and
conditions of liability
The Civil Aeronautics Board shall issue such regulations or orders as may
be necessary to require that any air carrier receiving for transportation as
baggage any property of a person traveling in air transportation, which
property cannot lawfully be carried by such person in the aircraft cabin by
reason of any Federal law or regulation, shall assume liability to such
person, at a reasonable charge and subject to reasonable terms and
conditions, within the amount declared to the air carrier by such person, for
the full actual loss or damage to such property caused by such air carrier.
(Pub. L. 85-726, title XI, Sec. 1116, as added Pub. L. 93-366, title II, Sec.
205, Aug. 5, 1974, 88 Stat. 418.)
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1517. Transportation of government-financed passengers and property
(a) Transportation between United States and a place outside United States
Except as provided in subsection (c) of this section, whenever any
executive department or other agency or instrumentality of the United States
shall procure, contract for, or otherwise obtain for its own account or in
furtherance of the purposes or pursuant to the terms of any contract,
agreement, or other special arrangement made or entered into under which
payment is made by the United States or payment is made from funds
appropriated, owned, controlled, granted, or conditionally granted or
utilized by or otherwise established for the account of the United States, or
shall furnish to or for the account of any foreign nation, or any
international agency, or other organization, of whatever nationality, without
provisions for reimbursement, any transportation of persons (and their
personal effects) or property by air between a place in the United States and
a place outside thereof, the appropriate agency or agencies shall take such
steps as may be necessary to assure that such transportation is provided by
air carriers holding certificates under section 1371 of this Appendix to the
extent authorized by such certificates or by regulations or exemption of the
Civil Aeronautics Board and to the extent service by such carriers is
available.
(b) Transportation between two places outside United States
Except as provided in subsection (c) of this section, whenever persons (and
their personal effects) or property described in subsection (a) of this
section are transported by air between two places both of which are outside
the United States, the appropriate agency or agencies shall take such steps
as may be necessary to assure that such transportation is provided by air
carriers holding certificates under section 1371 of this Appendix to the
extent authorized by such certificates or by regulations or exemption of the
Civil Aeronautics Board and to the extent service by such carriers is
reasonably available.
(c) Transportation pursuant to bilateral agreement
Nothing in this section shall preclude the transportation of persons (and
their personal effects) or property by foreign air carriers if such
transportation is provided for under the terms of a bilateral or multilateral
air transport agreement between the United States and a foreign government or
governments and if such agreement (1) is consistent with the goals for
international aviation policy set forth in section 1502(b) of this Appendix
and (2) provides for the exchange of rights or benefits of similar magnitude.
(d) Disallowance of improper expenditure by Comptroller General
The Comptroller General of the United States shall disallow any expenditure
from appropriated funds for payment for personnel or cargo transportation in
violation of this section in the absence of satisfactory proof of the
necessity therefor. Nothing in this section shall prevent the application to
such traffic of the antidiscrimination provisions of this chapter.
(Pub. L. 85-726, title XI, Sec. 1117, as added Pub. L. 93-623, Sec. 5(a),
Jan. 3, 1975, 88 Stat. 2104, and amended Pub. L. 96-192, Sec. 21, Feb. 15,
1980, 94 Stat. 43.)
Amendments
1980--Pub. L. 96-192 designated existing provisions as subsecs. (a) and
(d), added subsecs. (b) and (c), struck out reference in subsec. (a) as so
redesignated to transportation between two places both of which are outside
the United States, and, in subsec. (d) as so redesignated, substituted
"personnel or cargo transportation in violation of this section" for "such
personnel or cargo transportation on an air carrier not holding a certificate
under section 1371 of this Appendix".
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Sec. 1518. Transportation of government-financed passengers and property by
non-certified air carriers
Notwithstanding the limitations established by section 1517 of this title,
funds appropriated after October 7, 1978, to the Department of State, the
United States Information Agency, the Agency for International Development
(or any successor agency), and the Arms Control and Disarmament Agency may be
used to pay for the transportation, between two places both of which are
outside the United States, of officers and employees of those agencies, their
dependents, and accompanying baggage, aboard air carriers which do not hold
certificates under section 1371 of this Appendix.
(Pub. L. 95-426, title VII, Sec. 706, Oct. 7, 1978, 92 Stat. 992; Pub. L. 97-
241, title III, Sec. 303(b), Aug. 24, 1982, 96 Stat. 291.)
Codification
Section was enacted as part of the Foreign Relations Authorization Act,
Fiscal Year 1979, and not as part of the Federal Aviation Act of 1958 which
comprises this chapter.
Transfer of Functions
"United States Information Agency" was substituted for "International
Communication Agency" in text, pursuant to section 303(b) of Pub. L. 97-241,
set out as a note under section 1461 of Title 22, Foreign Relations and
Intercourse.
All functions and authorities vested in the Agency for International
Development or in its Administrator pursuant to this section were transferred
to the Director of the United States International Development Cooperation
Agency by Reorg. Plan No. 2 of 1979, Sec. 6(a)(3), 44 F.R. 41165, 93 Stat.
1379, eff. Oct. 1, 1979, as provided by Ex. Ord. No. 12163, Sec. 1-101, Sept.
29, 1979, 44 F.R. 56673, set out as notes in the Appendix to Title 5,
Government Organization and Employees.
Sec. 1519. Aeronautical charts and maps
Notwithstanding the provisions of section 1341 of title 31 or any other
provision of law, the United States Government shall enter into agreements to
indemnify any person who publishes a chart or map for use in aeronautics from
any claim, or portion of a claim, which arises out of such person's depiction
on such chart or map of any defective or deficient flight procedure or
airway, if such flight procedure or airway was--
(1) promulgated by the Federal Aviation Administration;
(2) accurately depicted on such chart or map; and
(3) not obviously defective or deficient.
(Pub. L. 85-726, title XI, Sec. 1118, as added Pub. L. 99-190, Sec. 101(e)
[title III, Sec. 328(a)], Dec. 19, 1985, 99 Stat. 1267, 1289.)
SUBCHAPTER XII--SECURITY PROVISIONS
Sec. 1521. Declaration of purpose
The purpose of this subchapter is to establish security provisions which
will encourage and permit the maximum use of the navigable airspace by civil
aircraft consistent with the national security.
(Pub. L. 85-726, title XII, Sec. 1201, Aug. 23, 1958, 72 Stat. 800.)
Effective Date
Subchapter effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administration] first appointed under this chapter qualifies and takes
office, see section 1505(2) of Pub. L. 85-726, set out as a note under
section 1301 of this Appendix. The Administrator was appointed, qualified,
and took office on Oct. 31, 1958.
Transfer of Functions
All functions, powers, and duties of the Federal Aviation Agency and of the
Administrator and other offices and officers thereof were transferred to the
Secretary of Transportation by Pub. L. 89-670, Sec. 6(c)(1), Oct. 15, 1955,
80 Stat. 937, with the functions, powers, and duties of the Secretary of
Transportation pertaining to aviation safety under this subchapter to be
exercised by the Federal Aviation Administrator in the Department of
Transportation. See section 106 of Title 49, Transportation.
Sec. 1522. Security control of air traffic
In the exercise of his authority under section 1348(a) of this Appendix,
the Secretary of Transportation, in consultation with the Department of
Defense, shall establish such zones or areas in the airspace of the United
States as he may find necessary in the interests of national defense, and by
rule, regulation, or order restrict or prohibit the flight of civil aircraft,
which he cannot identify, locate, and control with available facilities,
within such zones or areas.
(Pub. L. 85-726, title XII, Sec. 1202, Aug. 23, 1958, 72 Stat. 800; Pub. L.
89-670, Sec. 6(c)(1), Oct. 15, 1966, 80 Stat. 937.)
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Administrator" (meaning
Federal Aviation Administrator) on authority of section 6(c)(1) of Pub. L.
89-670, in view of the transfer of all functions, powers, and duties of the
Federal Aviation Agency and of the Administrator and other offices and
officers thereof to the Secretary of Transportation, with the functions,
powers, and duties of the Secretary of Transportation pertaining to aviation
safety under the subchapter to be exercised by the Federal Aviation
Administrator in the Department of Transportation. See section 106 of Title
49, Transportation.
Sec. 1523. Penalties
In addition to the penalties otherwise provided for by this chapter, any
person who knowingly or willfully violates any provision of this subchapter,
or any rule, regulation, or order issued thereunder shall be deemed guilty of
a misdemeanor, and upon conviction thereof, shall be subject to a fine of not
exceeding $10,000 or to imprisonment not exceeding one year, or to both such
fine and imprisonment.
(Pub. L. 85-726, title XII, Sec. 1203, Aug. 23, 1958, 72 Stat. 800.)
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal
Aviation Act of 1958. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this Appendix and Tables.
SUBCHAPTER XIII--AVIATION INSURANCE
Sec. 1531. Definitions
As used in this subchapter--
(1) the term "American aircraft" means any civil aircraft of the United
States and any aircraft owned or chartered by, or made available to, the
United States or any department or agency thereof, the government of any
State, territory, or possession of the United States, or any political
subdivision thereof, or the District of Columbia;
(2) the terms "insurance company" and "insurance carrier" include any
mutual or stock insurance company, reciprocal insurance association, and
any group or association authorized to do an aviation insurance business in
any State of the United States; and
(3) the term "Secretary" means the Secretary of Transportation.
(Pub. L. 85-726, title XIII, Sec. 1301, Aug. 23, 1958, 72 Stat. 800; Pub. L.
89-670, Sec. 6(a)(3)(C), Oct. 15, 1966, 80 Stat. 937; Pub. L. 95-163, Sec.
1(a), Nov. 9, 1977, 91 Stat. 1278.)
Amendments
1977--Pub. L. 95-163 struck out provisions defining "war risks" as all or
any part of those risks which are described in "free of capture and seizure"
clauses or analogous clauses and struck out provisions which had related the
definition of "American aircraft" to the term "civil aircraft of the United
States" as defined in section 1301(15) of this Appendix and had limited the
definition of "insurance company" and "insurance carrier" only to a
definition of those terms as they were used in sections 1535(a) and (b) and
1537(d) of this Appendix.
Effective Date
Subchapter effective on the 60th day following the date on which the
Administrator of the Federal Aviation Agency [now the Federal Aviation
Administration] first appointed under this chapter qualifies and takes
office, see section 1505(2) of Pub. L. 85-726, set out as a note under
section 1301 of this Appendix. The Administrator was appointed, qualified,
and took office on Oct. 31, 1958.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
"Secretary of Transportation" was substituted for "Secretary of Commerce"
pursuant to section 6(a)(3)(C) of Pub. L. 89-670, which transferred all
functions, powers, and duties of the Secretary of Commerce and other officers
and offices of the Department of Commerce under this subchapter to the
Secretary of Transportation. See section 1655(a)(3)(C) of this Appendix.
Administration of Aviation Insurance Program
Pub. L. 102-581, title IV, Sec. 403, Oct. 31, 1992, 106 Stat. 4897,
provided that:
"(a) Review.--The Comptroller General of the United States shall conduct a
review of the administration of the aviation insurance program under title
XIII of the Federal Aviation Act of 1958 [this subchapter] during the Persian
Gulf conflict for the purpose of determining methods of improving the
efficiency of the administration of such program by reducing the paperwork
and time period required for provision of insurance under such program.
"(b) Report.--Not later than 1 year after the date of the enactment of
this Act [Oct. 31, 1992], the Comptroller General shall transmit to Congress
a report on the results of the review conducted under subsection (a),
together with any recommendations of the Comptroller General for improving
the efficiency of the administration of the aviation insurance program under
title XIII of the Federal Aviation Act of 1958 [this subchapter]."
Expansion of War Risk Insurance; Investigation and Study by President; Report
to Congress
Pub. L. 94-90, Sec. 3, Aug. 9, 1975, 89 Stat. 439, provided that the
President conduct a full and complete investigation and study of the possible
expansion of the war risk insurance authorized by this subchapter and other
provisions of law, to provide coverage for losses and damage resulting from
riots, civil disorder, hijacking, or other similar acts and to report to
Congress not later than the ninetieth day after Aug. 9, 1975, the results of
this investigation and study together with his recommendations for possible
legislation.
Sec. 1532. Authority to insure
(a) Authority of Secretary of Transportation
(1) The Secretary, with the approval of the President, and after such
consultation with interested agencies of the Government as the President may
require, may provide insurance and reinsurance against loss or damage arising
out of any risk from the operation of an aircraft in the manner and to the
extent provided by this subchapter, whenever it is determined by the
Secretary that such insurance cannot be obtained on reasonable terms and
conditions from any company authorized to do an insurance business in a State
of the United States.
(2) The President shall approve insurance or reinsurance under paragraph
(1) of this subsection only if he has first made a determination that the
continuation of the American aircraft, or the foreign-flag aircraft,
operation to be insured or reinsured is necessary to carry out the foreign
policy of the United States.
(3) Subject to section 1534(a) of this Appendix, insurance shall be issued
under this subchapter only to cover any risk from the operation of an
aircraft while such aircraft is (A) engaged in foreign air commerce, or (B)
being operated between two or more points all of which are outside of the
United States.
(b) Basis of insurance
The premium charged for any insurance or reinsurance issued under any
provision of this subchapter shall be based, insofar as practicable, upon
consideration of the risk involved.
(c) Period of coverage
No insurance or reinsurance may be provided by the Secretary under this
subchapter for an initial period of more than sixty days. Such insurance or
reinsurance may be extended for additional periods each of which shall not
exceed sixty days, but only if, before each such extension, the President
makes the same determination with respect to such extension as he is required
to make under paragraph (2) of subsection (a) of this section for the initial
provision of such insurance or reinsurance.
(Pub. L. 85-726, title XIII, Sec. 1302, Aug. 23, 1958, 72 Stat. 801; Pub. L.
95-163, Sec. 2, Nov. 9, 1977, 91 Stat. 1278; Pub. L. 102-581, title IV, Sec.
401(b), Oct. 31, 1992, 106 Stat. 4897.)
Amendments
1992--Subsec. (a)(3). Pub. L. 102-581 substituted "Subject to section
1534(a) of this Appendix, insurance" for "Insurance".
1977--Subsec. (a). Pub. L. 95-163 designated existing provisions as par.
(1), substituted "any risk from the operation of an aircraft" for "war risks"
and "such insurance cannot be obtained" for "such insurance adequate for the
needs of the air commerce of the United States cannot be obtained" in par.
(1) as so designated, struck out proviso that no insurance shall be issued
under this subchapter to cover war risks on persons or property engaged or
transported exclusively in air commerce within the several States of the
United States and the District of Columbia, and added pars. (2) and (3).
Subsec. (b). Pub. L. 95-163 substituted "The premium charged for any
insurance or reinsurance issued under any provision of this subchapter" for
"Any insurance or reinsurance issued under any of the provisions of this
subchapter".
Subsec. (c). Pub. L. 95-163 added subsec. (c).
Transfer of Functions
All functions, powers, and duties of the Secretary of Commerce and other
offices and officers of the Department of Commerce under this section
relating generally to aircraft were transferred to and vested in the
Secretary of Transportation by Pub. L. 89-670, Sec. 6(a)(3)(C), Oct. 15,
1966, 80 Stat. 937, which created the Department of Transportation. See
section 1655(a)(3)(C) of this Appendix.
Sec. 1533. Insurable persons, property, or interests
The Secretary may provide the insurance and reinsurance, authorized by
section 1532 of this Appendix with respect to the following persons,
property, or interest:
(1) American aircraft and those foreign-flag aircraft engaged in aircraft
operations deemed by the President to be necessary to carry out the foreign
policy of the United States.
(2) Cargoes transported or to be transported on any aircraft referred to
in paragraph (1), including shipments by express or registered mail; air
cargoes owned by citizens or residents of the United States, its
territories, or possessions; air cargoes imported to, or exported from the
United States, its territories, or possessions and air cargoes sold or
purchased by citizens or residents of the United States, its territories,
or possessions, under contracts of sale or purchase by the terms of which
the risk of loss or the obligation to provide insurance against such risks
is assumed by or falls upon a citizen or resident of the United States, its
territories, or possessions; air cargoes transported between any point in
the United States and any point in a territory or possession of the United
States, between any point in any such territory or possession and any point
in any other such territory or possession, or between any point in any such
territory or possession and any other point in the same territory or
possession.
(3) The personal effects and baggage of the captains, pilots, officers,
members of the crews of any aircraft referred to in paragraph (1), and of
other persons employed or transported on such aircraft.
(4) Captains, pilots, officers, members of the crews of any aircraft
referred to in paragraph (1), and other persons employed or transported
thereon against loss of life, injury, or detention.
(5) Statutory or contractual obligations or other liabilities of any
aircraft referred to in paragraph (1) or of the owner or operator of such
aircraft of the nature customarily covered by insurance.
(Pub. L. 85-726, title XIII, Sec. 1303, Aug. 23, 1958, 72 Stat. 801; Pub. L.
95-163, Sec. 3, Nov. 9, 1977, 91 Stat. 1279.)
Amendments
1977--Pub. L. 95-163 recast the provisions covering American aircraft and
those foreign-flag aircraft engaged in aircraft operations by substituting a
requirement that the President make a determination that the aircraft
operations are necessary to carry out the foreign policy of the United States
in order that such aircraft be covered for a prior requirement under which
the Secretary had been required to make a determination that the aircraft
operations were in the interest of the national defense or the national
economy of the United States when so engaged in order for the aircraft to be
covered, and struck out a reference to war risks.
Transfer of Functions
All functions, powers, and duties of the Secretary of Commerce and other
offices and officers of the Department of Commerce under this section
relating generally to aircraft were transferred to and vested in the
Secretary of Transportation by Pub. L. 89-670, Sec. 6(a)(3)(C), Oct. 15,
1966, 80 Stat. 937, which created the Department of Transportation. See
section 1655(a)(3)(C) of this Appendix.
Sec. 1534. Insurance of property of Government departments and agencies;
indemnity agreements
(a) Any department or agency of the United States may, with the approval of
the President, procure from the Secretary any of the insurance provided under
this subchapter, including insurance to cover any risk from the operation of
an aircraft while such aircraft is engaged in intrastate, interstate, or
overseas air commerce, except with respect to valuables covered by sections
721 and 722 of title 40. In addition such department or agency may, with the
approval of the President, procure such insurance to cover any risk arising
from the provision of goods or services directly related to and necessary for
an operation of an aircraft covered by insurance procured under the preceding
sentence if such operation is in the performance of a contract of such
department or agency or is for the purpose of transporting military forces or
materiel on behalf of the United States pursuant to an agreement between the
United States and a foreign government.
(b) The Secretary is authorized with such approval to provide such
insurance at the request of the Secretary of Defense, and such other agencies
as the President may prescribe, without premium in consideration of the
agreement of the Secretary of Defense or such agency to indemnify the
Secretary against all losses covered by such insurance, and the Secretary of
Defense and such other agencies are authorized to execute such indemnity
agreement with the Secretary.
(Pub. L. 85-726, title XIII, Sec. 1304, Aug. 23, 1958, 72 Stat. 802; Pub. L.
102-581, title IV, Sec. 401(a), Oct. 31, 1992, 106 Stat. 4897.)
Amendments
1992--Subsec. (a). Pub. L. 102-581 inserted ", including insurance to cover
any risk from the operation of an aircraft while such aircraft is engaged in
intrastate, interstate, or overseas air commerce" after "under this
subchapter" and added provisions at the end relating to procurement of
insurance.
Transfer of Functions
All functions, powers, and duties of the Secretary of Commerce and other
offices and officers of the Department of Commerce under this section
relating generally to aircraft were transferred to and vested in the
Secretary of Transportation by Pub. L. 89-670, Sec. 6(a)(3)(C), Oct. 15,
1966, 80 Stat. 937, which created the Department of Transportation. See
section 1655(a)(3)(C) of this Appendix.
Sec. 1535. Reinsurance; premiums; allowances to insurance carriers
(a) To the extent that he is authorized by this subchapter to provide
insurance, the Secretary may reinsure, in whole or in part, any company
authorized to do an insurance business in any State of the United States. The
Secretary may reinsure with, or cede or retrocede to, any such company, any
insurance or reinsurance provided by the Secretary in accordance with the
provisions of this subchapter.
(b) Reinsurance shall not be provided by the Secretary at premiums less
than nor obtained by the Secretary at premiums more than the premiums
established by the Secretary on the same or similar risks or the premiums
charged by the insurance carrier for the insurance so reinsured, whichever is
most advantageous to the Secretary, except that the Secretary may make to the
insurance carrier such allowances for expenses on account of the cost of
services rendered or facilities furnished as he deems reasonably to accord
with good business practice, but such allowance to the carrier shall not
provide for any payment by the carrier on account of solicitation for or
stimulation of insurance business.
(Pub. L. 85-726, title XIII, Sec. 1305, Aug. 23, 1958, 72 Stat. 802; Pub. L.
95-163, Sec. 4(a), Nov. 9, 1977, 91 Stat. 1279.)
Amendments
1977--Subsec. (b). Pub. L. 95-163 substituted "premiums" for "rates".
Transfer of Functions
All functions, powers, and duties of the Secretary of Commerce and other
offices and officers of the Department of Commerce under this section
relating generally to aircraft were transferred to and vested in the
Secretary of Transportation by Pub. L. 89-670, Sec. 6(a)(3)(C), Oct. 15,
1966, 80 Stat. 937, which created the Department of Transportation. See
section 1655(a)(3)(C) of this Appendix.
Sec. 1536. Insurance fund
(a) Creation of revolving fund; payments from fund
Moneys appropriated by Congress to carry out the provisions of this
subchapter and all moneys received from premiums, salvage, or other
recoveries and all receipts in connection with this subchapter shall be
deposited in a revolving fund in the Treasury of the United States. Payments
of return premiums, losses, settlements, judgments, and all liabilities
incurred by the United States under this subchapter shall be made from such
funds through the disbursing facilities of the Treasury Department.
(b) Appropriations
Such sums as shall be necessary to carry out the provisions of this
subchapter are authorized to be appropriated to such fund.
(c) Payment of surplus into Treasury
At least annually, any balance in the revolving fund in excess of an amount
determined by the Secretary to be necessary for the requirements of the fund,
and for reasonable reserves to maintain the solvency of the fund shall be
paid into the Treasury as miscellaneous receipts.
(d) Annual payments to Treasury as miscellaneous receipts
Annual payments shall be made by the Secretary to the Treasury of the
United States as miscellaneous receipts by reason of costs incurred by the
Government through the employment of appropriated funds by the Secretary in
carrying out the provisions of this subchapter. These payments shall be
computed by applying to the average monthly balance of appropriated funds
retained in the revolving fund a percentage determined annually in advance by
the Secretary of the Treasury. Such percentage shall not be less than the
current average rate which the Treasury pays on its marketable obligations.
(e) Contributions to Civil Service Retirement and Disability Fund and
employees' compensation fund; annual billings
The Secretary shall contribute to the Civil Service Retirement and
Disability Fund, on the basis of annual billings as determined by the
Director of the Office of Personnel Management, for the Government's share of
the cost of the Civil Service Retirement System applicable to the employees
engaged in carrying out the provisions of this subchapter. The Secretary
shall also contribute to the employees' compensation fund, on the basis of
annual billings as determined by the Secretary of Labor for the benefit
payments made from such fund on account of the employees engaged in carrying
out the provisions of this subchapter. The annual billings shall also include
a statement of the fair portion of the cost of the administration of the
respective funds, which shall be paid by the Secretary into the Treasury as
miscellaneous receipts.
(f) Investment of revolving fund
Upon the request of the Secretary, the Secretary of the Treasury may invest
all or any part of the revolving fund in interest-bearing securities of the
United States. The interest on, and the proceeds from the sale or redemption
of, any securities held in the revolving fund shall be credited to and form a
part of the revolving fund.
(Pub. L. 85-726, title XIII, Sec. 1306, Aug. 23, 1958, 72 Stat. 803; Pub. L.
94-90, Sec. 1(a), Aug. 9, 1975, 89 Stat. 439; 1978 Reorg. Plan No. 2, Sec.
102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.)
Amendments
1975--Subsec. (f). Pub. L. 94-90 added subsec. (f).
Transfer of Functions
"Director of the Office of Personnel Management" was substituted for "Civil
Service Commission" in subsec. (e) pursuant to Reorg. Plan No. 2 of 1978,
Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title
5, Government Organization and Employees, which transferred all functions
vested by statute in the United States Civil Service Commission to the
Director of the Office of Personnel Management (except as otherwise
specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord.
No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title
5.
All functions, powers, and duties of the Secretary of Commerce and other
offices and officers of the Department of Commerce under this section
relating generally to aircraft were transferred to and vested in the
Secretary of Transportation by Pub. L. 89-670, Sec. 6(a)(3)(C), Oct. 15,
1966, 80 Stat. 937, which created the Department of Transportation. See
section 1655(a)(3)(C) of this Appendix.
Sec. 1537. Administrative provisions
(a) Issuance of policies; rules and regulations; settlement of claims
The Secretary, in the administration of this subchapter, may issue such
policies, rules, and regulations as he deems proper and, subject to the
following provisions of this subsection, may adjust and pay losses,
compromise and settle claims, whether in favor of or against the United
States and pay the amount of any judgment rendered against the United States
in any suit, or the amount of any settlement agreed upon, in respect of any
claim under insurance authorized by this subchapter. In the case of any
aircraft which is insured under the provisions of this subchapter, (1) the
policy shall specify a stated amount to be paid in the event of total loss,
and such stated amount shall not exceed an amount determined by the Secretary
to represent the fair and reasonable value of the aircraft, and (2) the
amount of any claim which is compromised, settled, adjusted, or paid shall in
no event exceed such stated amount.
(b) Forms and policies; premiums
The Secretary may prescribe and change forms and policies, and fix, adjust,
and change the amounts insured and the premiums provided for in this
subchapter, except that with respect to policies in effect at the time any
such change is made, such change shall apply only with the consent of the
insured.
(c) Commercial practice controlling; limitation on fees
The Secretary, in administering this subchapter, may exercise his powers,
perform his duties and functions, and make his expenditures, in accordance
with commercial practice in the aviation insurance business. Except as
authorized in subsection (d) of this section, no insurance broker or other
person acting in a similar intermediary capacity shall be paid any fee or
other consideration by the Secretary by virtue of his participation in
arranging any insurance wherein the Secretary directly insures any of the
risk thereof.
(d) Underwriting agents
The Secretary may, and whenever he finds it practical to do so shall,
employ companies or groups of companies authorized to do an aviation
insurance business in any State of the United States, to act as his
underwriting agent. The Secretary may allow such companies or groups of
companies fair and reasonable compensation for servicing insurance written by
such companies or groups of companies as underwriting agent for the
Secretary. The services of such underwriting agents may be utilized in the
adjustment of claims under insurance provided by this subchapter, but no
claim shall be paid unless and until it has been approved by the Secretary.
Such compensation may include an allowance for expenses reasonably incurred
by such agent, but such allowance shall not include any payment by such agent
on account of solicitation for or stimulation of insurance business.
(e) Utilization of services of other Government agencies
The Secretary with the consent of any executive department, independent
establishment, or other agency of the Government, including any field service
thereof, may avail himself of the use of information, services, facilities,
officers, and employees thereof in carrying out the provisions of this
subchapter.
(f) Budget program; maintenance of accounts; audit; credit for certain
expenditures
The Secretary, in the performance of, and with respect to, the functions,
powers, and duties vested in him by this subchapter, shall prepare annually
and submit a budget program as provided for wholly owned Government
corporations by chapter 91 of title 31. The Secretary shall maintain a set of
accounts which shall be audited by the Comptroller General in accordance with
the provisions of chapter 35 of title 31: Provided, That, because of the
business activities authorized by this subchapter, the Secretary may exercise
the powers conferred in said subchapter, perform the duties and functions,
and make expenditures required in accordance with commercial practice in the
aviation insurance business, and the General Accounting Office shall allow
credit for such expenditures when shown to be necessary because of the nature
of such authorized activities.
(Pub. L. 85-726, title XIII, Sec. 1307, Aug. 23, 1958, 72 Stat. 803; Pub. L.
93-604, title VII, Sec. 702, Jan. 2, 1975, 88 Stat. 1964; Pub. L. 95-163,
Sec. 5(a), Nov. 9, 1977, 91 Stat. 1280; Pub. L. 98-443, Sec. 9(b), Oct. 4,
1984, 98 Stat. 1706.)
Codification
In subsec. (f), "chapter 91 of title 31" and "chapter 35 of title 31" were
substituted for "the Government Corporation Control Act, as amended (59 Stat.
597; 31 U.S.C. 841)" and "the Accounting and Auditing Act of 1950 [31 U.S.C.
65 et seq.]", respectively, on authority of Pub. L. 97-258, Sec. 4(b), Sept.
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money
and Finance.
Amendments
1984--Subsec. (a). Pub. L. 98-443 struck out ", after consultation with the
Civil Aeronautics Board," after "determined by the Secretary".
1977--Subsec. (b). Pub. L. 95-163 substituted "the premiums provided for in
this subchapter, except that" for "rates of premium provided for in this
subchapter: Provided, That".
1975--Subsec. (f). Pub. L. 93-604 substituted provisions that the Secretary
shall maintain a set of accounts which shall be audited by the Comptroller
General in accordance with the provisions of the Accounting and Auditing Act
of 1950, for provisions that the Secretary shall maintain an integral set of
accounts which shall be audited annually by the General Accounting Office in
accordance with principles and procedures applicable to commercial
transactions as provided by the Government Corporation Control Act.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-443 effective Jan. 1, 1985, see section 9(v) of
Pub. L. 98-443, set out as a note under section 5314 of Title 5, Government
Organization and Employees.
Transfer of Functions
All functions, powers, and duties of the Civil Aeronautics Board were
terminated or transferred by section 1551 of this Appendix, effective in part
on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.
All functions, powers, and duties of the Secretary of Commerce and other
offices and officers of the Department of Commerce under this section
relating generally to aircraft were transferred to and vested in the
Secretary of Transportation by Pub. L. 89-670, Sec. 6(a)(3)(C), Oct. 15,
1966, 80 Stat. 937, which created the Department of Transportation. See
section 1655(a)(3)(C) of this Appendix.
Sec. 1538. Rights of airmen under existing law
This subchapter shall not affect rights of airmen under existing law.
(Pub. L. 85-726, title XIII, Sec. 1308, Aug. 23, 1958, 72 Stat. 805.)
Sec. 1539. Repealed. Pub. L. 96-470, title I, Sec. 112(f), Oct. 19, 1980, 94
Stat. 2240
Section, Pub. L. 85-726, title XIII, Sec. 1309, Aug. 23, 1958, 72 Stat.
805; Pub. L. 89-348, Sec. 1(6), Nov. 8, 1965, 79 Stat. 1310, required the
Secretary to include in his annual report to Congress a detailed statement of
all activities, expenditures, and receipts under this subchapter for the
period covered by such report and to make quarterly progress reports to
Congress with reference to contracts entered into, proposed contracts, and
the general progress of his insurance activities.
Sec. 1540. Actions on claims for losses; jurisdiction of courts; limitation
of actions
Upon disagreement as to a loss insured under this subchapter, suit may be
maintained against the United States in the United States District Court for
the District of Columbia or in the United States district court in and for
the district in which the claimant or his agent resides, notwithstanding the
amount of the claim and any provision of existing law as to the jurisdiction
of United States district courts, and this remedy shall be exclusive of any
other action by reason of the same subject matter against any agent or
employee of the United States employed or retained under this subchapter. If
the claimant has no residence in the United States, suit may be brought in
the United States District Court for the District of Columbia or in any other
United States district court in which the Attorney General of the United
States agrees to accept service. The procedure in such suits shall otherwise
be the same as that provided for suits in the district courts by section
1346(a)(2) of title 28, so far as applicable. All persons having or claiming
or who might have an interest in such insurance may be made parties either
initially or upon the motion of either party. In any case where the Secretary
acknowledges the indebtedness of the United States on account of such
insurance, and there is a dispute as to the persons entitled to receive
payment, the United States may bring an action in the nature of a bill of
interpleader against such parties, in the United States District Court for
the District of Columbia, or in the United States district court of the
district in which any such person resides. In such actions any party, if not
a resident of or found within the district, may be brought in by order of
court served in such reasonable manner as the court directs. If the court is
satisfied that persons unknown might assert a claim on account of such
insurance, it may direct service upon such persons unknown by publication in
the Federal Register. Judgment in any such suit shall discharge the United
States from further liability to any parties to such action, and to all
persons when service by publication upon persons unknown is directed by the
court. The period within which suits may be commenced contained in section
2401 of title 28 providing for bringing of suits against the United States
shall, if claim be filed therefor within such period, be suspended from such
time of filing until the claim shall have been administratively denied by the
Secretary and for sixty days thereafter: Provided, however, That such claim
shall be deemed to have been administratively denied if not acted upon within
six months after the time of filing, unless the Secretary for good cause
shown shall have otherwise agreed with the claimant.
(Pub. L. 85-726, title XIII, Sec. 1310, Aug. 23, 1958, 72 Stat. 805.)
Transfer of Functions
All functions, powers, and duties of the Secretary of Commerce and other
offices and officers of the Department of Commerce under this section
relating generally to aircraft were transferred to and vested in the
Secretary of Transportation by Pub. L. 89-670, Sec. 6(a)(3)(C), Oct. 15,
1966, 80 Stat. 937, which created the Department of Transportation. See
section 1655(a)(3)(C) of this Appendix.
Sec. 1541. Additional insurance with other underwriters
A person having an insurable interest in an aircraft may, with the approval
of the Secretary, insure with other underwriters in an amount in excess of
the amount insured with the Secretary, and, in that event, the Secretary
shall not be entitled to the benefit of such insurance, but nothing in this
section shall prevent the Secretary from entering into contracts of
coinsurance.
(Pub. L. 85-726, title XIII, Sec. 1311, Aug. 23, 1958, 72 Stat. 806.)
Transfer of Functions
All functions, powers, and duties of the Secretary of Commerce and other
offices and officers of the Department of Commerce under this section
relating generally to aircraft were transferred to and vested in the
Secretary of Transportation by Pub. L. 89-670, Sec. 6(a)(3)(C), Oct. 15,
1966, 80 Stat. 937, which created the Department of Transportation. See
section 1655(a)(3)(C) of this Appendix.
Sec. 1542. Expiration of authority to provide insurance
The authority of the Secretary to provide insurance and reinsurance under
this subchapter shall expire at the termination of September 30, 1997.
(Pub. L. 85-726, title XIII, Sec. 1312, Aug. 23, 1958, 72 Stat. 806; Pub. L.
87-89, July 20, 1961, 75 Stat. 210; Pub. L. 89-447, June 13, 1966, 80 Stat.
199; Pub. L. 91-399, Sept. 8, 1970, 84 Stat. 837; Pub. L. 94-90, Sec. 2, Aug.
9, 1975, 89 Stat. 439; Pub. L. 94-374, July 31, 1976, 90 Stat. 1065; Pub. L.
95-163, Sec. 6, Nov. 9, 1977, 91 Stat. 1280; Pub. L. 97-309, Sec. 3, Oct. 14,
1982, 96 Stat. 1453; Pub. L. 100-148, Oct. 30, 1987, 101 Stat. 878; Pub. L.
102-581, title IV, Sec. 402, Oct. 31, 1992, 106 Stat. 4897.)
Amendments
1992--Pub. L. 102-581 substituted "1997" for "1992".
1987--Pub. L. 100-148 substituted "1992" for "1987".
1982--Pub. L. 97-309 substituted "September 30, 1987" for "September 30,
1982".
1977--Pub. L. 95-163 substituted "September 30, 1982" for "May 7, 1977".
1976--Pub. L. 94-374 substituted "May 7, 1977" for "May 7, 1976".
1975--Pub. L. 94-90 substituted "May 7, 1976" for "September 7, 1975".
1970--Pub. L. 91-399 substituted "1975" for "1970".
1966--Pub. L. 89-447 substituted "September 7, 1970" for "June 13, 1966".
1961--Pub. L. 87-89 substituted "1966" for "1961".
Transfer of Functions
All functions, powers, and duties of the Secretary of Commerce and other
offices and officers of the Department of Commerce under this section
relating generally to aircraft were transferred to and vested in the
Secretary of Transportation by Pub. L. 89-670, Sec. 6(a)(3)(C), Oct. 15,
1966, 80 Stat. 937, which created the Department of Transportation. See
section 1655(a)(3)(C) of this Appendix.
Continuation of Aviation Insurance Laws
Section 404 of Pub. L. 102-581 provided that: "Notwithstanding any other
provision of law, the provisions of title XIII of the Federal Aviation Act of
1958 [this subchapter] and all insurance policies issued by the Secretary of
Transportation under such title, as in effect on September 30, 1992, shall be
treated as having continued in effect until the date of the enactment of this
Act [Oct. 31, 1992]."
SUBCHAPTER XIV--CHANGES IN REGULATORY STRUCTURE
Sec. 1551. Termination of Civil Aeronautics Board and transfer of certain
functions
(a) Termination of authority
(1) The following provisions of this chapter (to the extent such provisions
relate to interstate and overseas air transportation of persons) and the
authority of the Board with respect to such provisions (to the same extent)
shall cease to be in effect on December 31, 1981:
(A) Sections /1/ 1371(d)(1), (2), and (3) of this Appendix (insofar as
such sections require a determination of consistency with the public
convenience and necessity and insofar as section 1371(d)(3) of this
Appendix prohibits persons holding certificates under section 1371(d)(1) or
(d)(2) of this Appendix from obtaining certificates to provide interstate
or overseas charter air transportation of persons).
NOTE /1/ So in original. Probably should be "Section".
(B) Section 1371(d)(8) of this Appendix.
(C) Section 1371(e)(1) of this Appendix (insofar as such section permits
the Board to specify terminal and intermediate points).
(D) Section 1371(j) of this Appendix (except with respect to essential
air transportation).
(E) Sections /1/ 1371(n)(1) and (4) of this Appendix.
(F) Section 1374(a) of this Appendix (insofar as such section requires
any air carrier to provide air transportation authorized by its
certificate).
(G) Section 1375(b) of this Appendix (insofar as such section requires
the filing of any statement or schedule by any air carrier).
(2) The following provisions of this chapter (to the extent such provisions
relate to interstate and overseas air transportation of persons) and the
authority of the Board with respect to such provisions (to the same extent)
shall cease to be in effect on January 1, 1983:
(A) Section 1373 of this Appendix.
(B) Section 1374 of this Appendix (except insofar as such section
requires air carriers to provide safe and adequate service).
(C) Section 1377(b) and (c) of this Appendix.
(D) Sections /1/ 1482(d)(1) and (d)(2), (e), (g), (h), and (i) of this
Appendix.
(3) Subchapter II of this chapter (other than section 1324 of this
Appendix) shall cease to be in effect on January 1, 1985.
(4) The following provisions of this chapter (to the extent such provisions
relate to interstate and overseas air transportation) and the authority of
the Board with respect to such provisions (to the same extent) shall cease to
be in effect on January 1, 1985:
(A) Sections 1371(l) and (m) and 1375(b), (c), and (d) of this Appendix
(except insofar as such sections apply to the transportation of mail
between two points both of which are within the State of Alaska).
(B) Section 1373 of this Appendix.
(C) Section 1374 of this Appendix (except insofar as such section
requires air carriers to provide safe and adequate service).
(5) The following provisions of this chapter and the authority of the Board
with respect to such provisions shall cease to be in effect on January 1,
1985:
(A) Sections /1/ 1377(b) and (c) of this Appendix.
NOTE /1/ So in original. Probably should be "Section".
(B) Section 1380 of this Appendix.
(C) Section 1387 of this Appendix.
(D) Sections /1/ 1482(d), (e), (g), (h), and (i) of this Appendix (except
insofar as any of such sections relate to foreign air transportation).
(6) Sections /1/ 1382(a) and (b) of this Appendix (to the extent such
sections relate to interstate and overseas air transportation) and section
1384 of this Appendix (to the extent such section relates to orders made
under sections /2/ 1382(a) and (b) of this Appendix with respect to
interstate and overseas air transportation) and the authority of the
Secretary of Transportation under such sections (to the same extent) shall
cease to be in effect on January 1, 1989.
NOTE /2/ So in original. Probably should be "section".
(7) Sections 1378 and 1379 of this Appendix and section 1384 of this
Appendix (relating to such sections 1378 and 1379 of this Appendix) and the
authority of the Secretary of Transportation under such sections (to the same
extent) shall cease to be in effect on January 1, 1989.
(8) Sections 1371(l) and (m) and 1375(b), (c), and (d) of this Appendix (to
the extent such sections apply to the transportation of mail between two
points both of which are within the State of Alaska) shall cease to be in
effect on January 1, 1999.
(b) Transfer of certain authority
(1) The following authority of the Board is transferred to the following
Federal departments and instrumentalities:
(A) The authority of the Board under sections /2/ 1376(b)(3) and (c) of
this Appendix to provide compensation for air transportation to small
communities and under section 1389 of this Appendix is transferred to the
Department of Transportation.
NOTE /2/ So in original. Probably should be "section".
(B) The authority of the Board under this chapter with respect to foreign
air transportation is transferred to the Department of Transportation which
shall exercise such authority in consultation with the Department of State.
(C) The authority of the Board under sections 1378 and 1379 of this
Appendix, the authority of the Board under section 1382 of this Appendix,
and the authority of the Board under section 1384 of this Appendix
(relating to such sections 1378, 1379 and 1382 of this Appendix) is
transferred to the Department of Transportation.
(D) The authority of the Board under this chapter with respect to the
determination of the rates for the carriage of mails in interstate and
overseas air transportation (other than for the carriage of mails between
any two points both of which are within the State of Alaska) is transferred
to the Postal Service and such authority shall be exercised through
negotiations or competitive bidding.
(E) All authority of the Board under this chapter which is not terminated
under subsection (a) of this section on or before January 1, 1985, and is
not otherwise transferred under this subsection is transferred to the
Department of Transportation.
(2) Any authority transferred under paragraph (1) of this subsection shall
take effect on January 1, 1985.
(3) The authority of the Secretary of Transportation under this chapter
with respect to the determination of the rates for the carriage of mails
between any two points both of which are within the State of Alaska is
transferred to the Postal Service and such authority shall be exercised
through negotiations or competitive bidding. The transfer of authority under
this paragraph shall take effect on January 1, 1999.
(c) Report and assessment by Board
Not later than January 1, 1984, the Board shall prepare and submit to the
Congress a comprehensive review of the Board's implementation of the
provisions of this chapter during the preceding initial period of this
chapter's existence, and a comprehensive review of each of the Board's
programs under this chapter. Each such review shall be made available to the
committee or committees of the Senate and House of Representatives having
jurisdiction with respect to the annual authorization of funds for the Board
and its programs for the fiscal year beginning October 1, 1983.
(d) Elements of Board consideration
The comprehensive review of the Board's implementation of this chapter,
prepared for submission under subsection (c) of this section, shall include--
(1) a detailed comparison of the degree of competition within the airline
industry as of the year preceding enactment of this section and the final
year covered by the review;
(2) a comparison of the degree of pricing competition in the industry
during those two one-year periods;
(3) a comparison of the extent of unused authority held by the industry
during those two one-year periods, with details as to the number of nonstop
route segments which have been transferred from one carrier to another
under section 1371(d)(5) of this Appendix;
(4) an assessment of the degree to which agreements approved under
section 1382 of this Appendix have affirmatively or negatively affected the
degree of competition within the industry;
(5) a comparison of the extent of air transportation service provided to
small communities during the two one-year periods specified above, together
with details as to the comparative subsidy costs during these two periods;
(6) an assessment of the degree, if any, to which the administrative
process has been expedited under this chapter;
(7) an assessment of the impact of the foregoing changes upon the
national air transportation system in terms of benefits or detriments to
the traveling and shipping public, the Postal Service, and the national
defense, and the benefits and detriments to air carriers, certificated and
uncertificated; and
(8) the Board's opinion as to whether the foregoing changes in
combination, have improved or harmed this Nation's domestic air
transportation system and the United States-flag foreign air transportation
system.
This assessment shall be accompanied by a detailed opinion from the Board as
to whether the public interest requires continuation of the Board and its
functions beyond January 1, 1985, and, if it is theB@ard's conclusion that
it should continue to exist, detailed recommendations as to how the
provisions of this chapter should be revised to insure continued improvement
of the Nation's air transportation system beyond January 1, 1985. The Board's
assessment under this subsection shall also be accompanied by a comparative
analysis of procedures under section 1461 of this Appendix before and after
October 24, 1978, together with the Board's opinion as to the benefits of
each set of procedures.
(e) Elements for each comprehensive review
Each comprehensive review of the Board's programs under this chapter,
prepared for submission under subsection (c) of this section, shall include--
(1) an identification of the objectives intended for the program, and the
problem or need which the program was intended to address;
(2) an identification of any other programs having similar or potentially
conflicting or duplicative objectives;
(3) an assessment of alternative methods of achieving the purposes of the
program;
(4) a justification for the authorization of new budget authority, and an
explanation of the manner in which it conforms to and integrates with other
efforts;
(5) an assessment of the degree to which the original objectives of the
program have been achieved, expressed in terms of the performance, impact,
or accomplishments of the program and of the problem or need which it was
intended to address, and employing the procedures or methods of analysis
appropriate to the type or character of the program;
(6) a statement of the performance and accomplishments of the program in
each of the previous four completed fiscal years and in the year of
submission, and of the budgetary costs incurred in the operation of the
program;
(7) a statement of the number and types of beneficiaries or persons or
entities by the program;
(8) an assessment of the effect of the program on the national economy,
including, but not limited to, the effects on competition, economic
stability, employment, unemployment, productivity, energy consumption and
conservation, and price inflation, including costs to consumers and to
businesses;
(9) an assessment of the impact of the program on the Nation's health and
safety;
(10) an assessment of the degree to which the overall administration of
the program, as expressed in the rules, regulations, orders, standards,
criteria, and decisions of the officers executing the program, are believed
to meet the objectives of the Congress in enacting this chapter;
(11) a projection of the anticipated needs for accomplishing the
objectives of the program, including an estimate if applicable of the date
on which, and the conditions under which, the program may fulfill such
objectives;
(12) an analysis of the services which could be provided and performance
which could be achieved if the program were contained at a level less than,
equal to, or greater than the existing level; and
(13) recommendations for necessary transitional requirements in the event
that funding for such program is discontinued, including proposals for such
executive or legislative action as may be necessary to prevent such
discontinuation from being unduly disruptive.
(Pub. L. 85-726, title XVI, Sec. 1601, as added Pub. L. 95-504, Sec. 40(a),
Oct. 24, 1978, 92 Stat. 1744, and amended Pub. L. 97-309, Sec. 4, Oct. 14,
1982, 96 Stat. 1454; Pub. L. 98-443, Sec. 3, Oct. 4, 1984, 98 Stat. 1703;
Pub. L. 100-457, title III, Sec. 346, Sept. 30, 1988, 102 Stat. 2155.)
References in Text
This chapter, referred to in subsecs. (a)(1), (2), (4), (5), (b)(1)(B),
(D), (E), (3), and (c) to (e), was in the original "this Act", meaning Pub.
L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, known as the Federal
Aviation Act of 1958. For complete classification of this Act to the Code,
see Short Title note set out under section 1301 of this Appendix and Tables.
The year preceding enactment of this section, referred to in subsec.
(d)(1), means the year preceding the enactment of Pub. L. 95-504, which was
approved Oct. 24, 1978.
Amendments
1988--Subsec. (a)(8). Pub. L. 100-457, Sec. 346, substituted "January 1,
1999" for "January 1, 1989".
Subsec. (b)(3). Pub. L. 100-457, Sec. 346, substituted "January 1, 1999"
for "January 1, 1989".
1984--Subsec. (a)(3). Pub. L. 98-443, Sec. 3(b), inserted "(other than
section 1324 of this Appendix)" after "of this chapter".
Subsec. (a)(4) to (8). Pub. L. 98-443, Sec. 3(c), added pars. (4) to (8).
Subsec. (b)(1)(C). Pub. L. 98-443, Sec. 3(a), substituted "Transportation"
for "Justice".
Subsec. (b)(1)(D). Pub. L. 98-443, Sec. 3(d), inserted exception for the
carriage of mails between any two points both of which are within the State
of Alaska.
Subsec. (b)(1)(E). Pub. L. 98-443, Sec. 3(e), added subpar. (E).
Subsec. (b)(3). Pub. L. 98-443, Sec. 3(f), added par. (3).
1982--Subsec. (a)(3), (4). Pub. L. 97-309, Sec. 4(a), struck out par. (3),
which provided for transfer of Board authority under sections 1378 and 1379
of this Appendix (relating to interstate and overseas air transportation) and
Board authority under section 1384 of this Appendix (relating to such
sections 1378 and 1379 of this Appendix) to the Department of Justice on Jan.
1, 1983, and redesignated par. (4) as (3).
Subsec. (b)(1)(C). Pub. L. 97-309, Sec. 4(b), struck out "(relating to
foreign air transportation)" following "sections 1378 and 1379 of this
Appendix".
Reports to Congressional Committees by Secretary of Transportation and
Postmaster General
Section 6 of Pub. L. 98-443 provided that:
"(a) The Secretary of Transportation shall submit a report to the
appropriate committees of Congress not later than July 1, 1987, listing (1)
transactions submitted to the Secretary for approval under section 408 of the
Federal Aviation Act of 1958 [section 1378 of this Appendix], (2)
interlocking relations submitted to the Secretary for approval under section
409 of such Act [section 1379 of this Appendix], and (3) the types of
agreements filed with the Secretary of Transportation under section 412 of
such Act [section 1382 of this Appendix], and, with respect to such
transactions, interlocking relationships, and agreements, those that have
been exempted from the operation of the antitrust laws under section 414 of
such Act [section 1384 of this Appendix]. The Secretary shall recommend
whether the authority under such sections 408, 409, 412, and 414 [sections
1378, 1379, 1382, and 1384 of this Appendix] should be retained or repealed
with respect to interstate and overseas air transportation and with respect
to foreign air transportation.
"(b) The Secretary of Transportation and the Postmaster General shall each
submit a report to the appropriate committees of Congress not later than July
1, 1987, describing how the Secretary and the Postmaster General have
administered their respective authorities to establish rates for the air
transportation of mail and setting forth the recommendations of the Secretary
and the Postmaster General as to whether the authority to establish rates for
the transportation of mail between points within the State of Alaska should
continue to be carried out by the Secretary by regulatory ratemaking or by
the Postal Service through negotiations or competitive bidding."
Sec. 1552. Employee protection program
(a) General rule
(1) The Secretary of Labor shall, subject to such amounts as are provided
in appropriation Acts, make monthly assistance payments, or reimbursement
payments, in amounts computed according to the provisions of this section, to
each individual who the Secretary finds, upon application, to be an eligible
protected employee. An eligible protected employee shall be a protected
employee who on account of a qualifying dislocation (A) has been deprived of
employment, or (B) has been adversely affected with respect to his
compensation.
(2) No employee who is terminated for cause shall receive any assistance
under this section.
(b) Monthly assistance computation
(1) An eligible protected employee shall, subject to such amounts as are
provided in appropriation Acts, receive a monthly assistance payment, for
each month in which he is an eligible protected employee, in an amount
computed by the Secretary. The Secretary, after consultation with the
Secretary of Transportation, shall, by rule, promulgate guidelines to be used
by him in determining the amount of each monthly assistance payment to be
made to a member of each craft and class of protected employees, and what
percentage of salary such payment shall constitute for each applicable class
or craft of employees. In computing such amounts for any individual protected
employee, the Secretary shall deduct from such amounts the full amount of any
unemployment compensation received by the protected employee.
(2) If an eligible protected employee is offered reasonably comparable
employment and such employee does not accept such employment, then such
employee's monthly assistance payment under this section shall be reduced to
an amount which such employee would have beeen /3/ entitled to receive if
such employee had accepted such employment. If the acceptance of such
comparable employment would require relocation, such employee may elect not
to relocate and, in lieu of all other benefits provided herein, to receive
the monthly assistance payments to which he would be entitled if this
paragraph were not in effect, except that the total number of such payments
shall be the lesser of three or the number remaining pursuant to the maximum
provided in subsection (e) of this section.
NOTE /3/ So in original. Probably should be "been".
(c) Assistance for relocation
If an eligible protected employee relocates in order to obtain other
employment, such employee shall, subject to such amounts as are provided in
appropriation Acts, receive reasonable moving expenses (as determined by the
Secretary) for himself and his immediate family. In addition, such employee
shall, subject to such amounts as are provided in appropriation Acts, receive
reimbursement payments for any loss resulting from selling his principal
place of residence at a price below its fair market value (as determined by
the Secretary) or any loss incurred in cancelling such employee's lease
agreement or contract of purchase relating to his principal place of
residence.
(d) Duty to hire protected employees
(1) Each person who is a protected employee of an air carrier which is
subject to regulation by the Civil Aeronautics Board who is furloughed or
otherwise terminated by such an air carrier (other than for cause) prior to
the last day of the 10-year period beginning on October 24, 1978, shall have
first right of hire, regardless of age, in his occupational specialty, by any
other air carrier hiring additional employees which held a certificate issued
under section 1371 of this Appendix prior to October 24, 1978. Each such air
carrier hiring additional employees shall have a duty to hire such a person
before they hire any other person, except that such air carrier may recall
any of its own furloughed employees before hiring such a person. Any employee
who is furloughed or otherwise terminated (other than for cause), and who is
hired by another air carrier under the provisions of this subsection, shall
retain his rights of seniority and right of recall with the air carrier that
furloughed or terminated him.
(2) The Secretary shall establish, maintain, and periodically publish a
comprehensive list of jobs available with air carriers certificated under
section 1371 of this Appendix. Such list shall include that information and
detail, such as job descriptions and required skills, the Secretary deems
relevant and necessary. In addition to publishing the list, the Secretary
shall make every effort to assist an eligible protected employee in finding
other employment. Any individual receiving monthly assistance payments,
moving expenses, or reimbursement payments under this section shall, as a
condition to receiving such expenses or payments, cooperate fully with the
Secretary in seeking other employment. In order to carry out his
responsibilities under this subsection, the Secretary may require each such
air carrier to file with the Secretary the reports, data, and other
information necessary to fulfill his duties under this subsection.
(3) In addition to making monthly assistance or reimbursement payments
under this section, the Secretary shall encourage negotiations between air
carriers and representatives of eligible protected employees with respect to
rehiring practices and seniority.
(e) Period of monthly assistance payments
(1) Monthly assistance payments computed under subsection (b) of this
section for a protected employee who has been deprived of employment shall be
made each month until the recipient obtains other employment, or until the
end of the 72 months occurring immediately after the month such payments were
first made to such recipient, whichever first occurs.
(2) Monthly assistance payments computed under subsection (b) of this
section for a protected employee who has been adversely affected relating to
his compensation shall be paid for no longer than 72 months, so long as the
total number of monthly assistance payments made under this section for any
reason do not exceed 72.
(f) Rules and regulations
(1) The Secretary may issue, amend, and repeal such rules and regulations
as may be necessary for the administration of this section.
(2) The rule containing the guidelines which is required to be promulgated
pursuant to subsection (b) of this section and any other rules or regulations
which the Secretary deems necessary to carry out this section shall be
promulgated within six months after October 24, 1978.
(3) The Secretary shall not issue any rule or regulation as a final rule or
regulation under this section until 30 legislative days after it has been
submitted to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Public Works and Transportation of the House of
Representatives. Any rule or regulation issued by the Secretary under this
section as a final rule or regulation shall be submitted to the Congress and
shall become effective 60 legislative days after the date of such submission,
unless during that 60-day period either House adopts a resolution stating
that that House disapproves such rules or regulations, except that such rules
or regulations may become effective on the date, during such 60-day period,
that a resolution has been adopted by both Houses stating that the Congress
approves of them.
(4) For purposes of this subsection, the term "legislative day" means a
calendar day on which both Houses of Congress are in session.
(g) Airline employees protective account
All payments under this section shall be made by the Secretary from a
separate account maintained in the Treasury of the United States to be known
as the Airline Employees Protective Account. There are authorized to be
appropriated to such account annually, beginning with the fiscal year ending
September 30, 1979, such sums as are necessary to carry out the purposes of
this section, including amounts necessary for the administrative expenses of
the Secretary related to carrying out the provisions of this section.
(h) Definitions
For the purposes of this section--
(1) The term "protected employee" means a person who, on October 24,
1978, has been employed for at least 4 years by an air carrier holding a
certificate issued under section 1371 of this Appendix. Such term shall not
include any members of the board of directors or officers of a corporation.
(2) The term "qualifying dislocation" means a bankruptcy or major
contraction of an air carrier holding a certificate under section 1371 of
this Appendix, occurring during the first 10 complete calendar years
occurring after October 24, 1978, the major cause of which is the change in
regulatory structure provided by the Airline Deregulation Act of 1978, as
determined by the Civil Aeronautics Board.
(3) The term "Secretary" means the Secretary of Labor.
(4) The term "major contraction" means a reduction by at least 7 1/2
percent of the total number of full-time employees of an air carrier within
a 12-month period. Any particular reduction of less than 7 1/2 percent may
be found by the Board to be part of a major contraction of an air carrier
if the Board determines that other reductions are likely to occur such that
within a 12-month period in which such particular reduction occurs the
total reduction will exceed 7 1/2 percent. In computing a 7 1/2 -percent
reduction under this paragraph, the Board shall not include employees who
are deprived of employment because of a strike or who are terminated for
cause.
(i) Transfer of authority of Board
The authority of the Board under this section is transferred to the
Department of Transportation on January 1, 1985.
(j) Termination
The provisions of this section shall terminate on the last day the
Secretary is required to make a payment under this section.
(Pub. L. 95-504, Sec. 43, Oct. 24, 1978, 92 Stat. 1750.)
References in Text
The Airline Deregulation Act of 1978, referred to in subsec. (h)(2), is
Pub. L. 95-504, Oct. 24, 1978, 92 Stat. 1705, as amended. For complete
classification of this Act to the Code, see Short Title of 1978 Amendment
note set out under section 1301 of this Appendix and Tables.
Codification
Section was enacted as part of the Airline Deregulation Act of 1978, and
not as part of the Federal Aviation Act of 1958 which comprises this chapter.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Transfer of Functions
For transfer of certain enforcement functions of the Secretary or other
official of the Department of Transportation relating to compliance with this
chapter and the authorizations and regulations issued thereunder to the
Federal Inspector, Office of Federal Inspector of the Alaska Natural Gas
Transportation System, see Transfer of Functions note set out under section
1301 of this Appendix.
Sec. 1553. Transfer of functions under other laws
(a) Transfer of functions, powers, and duties of Board to Secretary of
Transportation
There are hereby transferred to and vested in the Secretary of
Transportation all functions, powers, and duties of the Civil Aeronautics
Board under the following provisions of law:
(1) The International Air Transportation Fair Competitive Practices Act
of 1974 (49 U.S.C./4/ 1159b).
NOTE /4/ See 49 App. U.S.C.
(2) The International Aviation Facilities Act (49 U.S.C./4/ 1151-1160).
(3) The Animal Welfare Act (7 U.S.C. 2131 et seq.).
(4) Section 11 of the Clayton Act (15 U.S.C. 21).
(5) Sections 108(a)(4), 621(b)(5), 704(a)(5), and 814(b)(5) of the
Consumer Credit Protection Act (15 U.S.C. 1607(a)(4), 1681s(b)(5),
1691c(a)(5), and 1692l(b)(5)).
(6) Section 382 of the Energy Policy and Conservation Act (89 Stat. 939,
42 U.S.C. 6362).
(7) Section 401 of the Federal Election Campaign Act of 1971 (2 U.S.C.
451).
(8) Section 5402 of title 39 (to the extent such section relates to
foreign air transportation and to air transportation between any two points
both of which are within the State of Alaska).
(9) Sections 4746 and 9746 of title 10.
(10) Section 3 of the Act entitled "An Act to encourage travel in the
United States, and for other purposes" (16 U.S.C. 18b).
(b) Effective date of transfer
The transfer of any authority under subsection (a) of this section shall
take effect on January 1, 1985.
(c) Authority of Secretary of Transportation respecting air transportation
wholly within State of Alaska
The authority of the Secretary of Transportation under section 5402 of
title 39 with respect to air transportation between any two points both of
which are within the State of Alaska shall cease to be in effect on January
1, 1999.
(Pub. L. 98-443, Sec. 4, Oct. 4, 1984, 98 Stat. 1704; Pub. L. 100-457, title
III, Sec. 346, Sept. 30, 1988, 102 Stat. 2155.)
References in Text
The International Aviation Facilities Act, referred to in subsec. (a)(2),
is act June 16, 1948, ch. 473, 62 Stat. 450, as amended, which is classified
generally to chapter 15 (Sec. 1151 et seq.) of this Appendix. For complete
classification of this Act to the Code, see Short Title note set out under
section 1151 of this Appendix and Tables.
The Animal Welfare Act, referred to in subsec. (a)(3), is Pub. L. 89-544,
Aug. 24, 1966, 80 Stat. 350, as amended, which is classified generally to
chapter 54 (Sec. 2131 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see Short Title note set out under
section 2131 of Title 7 and Tables.
Codification
Section was enacted as part of the Civil Aeronautics Board Sunset Act of
1984, and not as part of the Federal Aviation Act of 1958 which comprises
this chapter.
Amendments
1988--Subsec. (c). Pub. L. 100-457 substituted "January 1, 1999" for
"January 31, 1989".
Sec. 1554. Transfers and allocations of appropriations and personnel
(a) Transfer of personnel, assets, liabilities, contracts, etc.; allocation;
use of funds
The personnel (including members of the Senior Executive Service) employed
in connection with, and the assets, liabilities, contracts, property,
records, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, held, used, arising from, available to
or to be made available in connection with, any function transferred by
section 1601(b) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1551(b)]
or section 1553 of this Appendix, subject to section 1531 of title 31, shall
be transferred to the head of the agency to which such function is
transferred for appropriate allocation. Personnel employed in connection with
functions so transferred, or transferred in accordance with any other lawful
authority, shall be transferred in accordance with any applicable laws and
regulations relating to transfer of functions. Unexpended funds transferred
pursuant to this subsection shall only be used for the purpose for which the
funds were originally authorized and appropriated.
(b) Authority of Director of Office of Management and Budget; determinations;
incidental disposition of personnel, assets, etc.; resolution of disputes
between Board and transferee agencies
In order to facilitate the transfers made by section 1601(b) of the Federal
Aviation Act of 1958 [49 App. U.S.C. 1551(b)] and section 1553 of this
Appendix, the Director of the Office of Management and Budget is authorized
and directed, in consultation with the Civil Aeronautics Board and the heads
of the agencies to which functions are so transferred, to make such
determinations as may be necessary with regard to the functions so
transferred, and to make such additional incidental dispositions of
personnel, assets, liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other funds
held, used, arising from, available to, or to be made available in connection
with, such functions, as may be necessary to resolve disputes between the
Civil Aeronautics Board and the agencies to which functions are transferred
by section 1601(b) of the Federal Aviation Act of 1958 [49 App. U.S.C.
1551(b)] and section 1553 of this Appendix.
(c) Joint planning between Chairman of Civil Aeronautics Board and Secretary
of Transportation
The Chairman of the Civil Aeronautics Board and the Secretary of
Transportation shall, beginning as soon as practicable after October 4, 1984,
jointly plan for the orderly transfer of functions and personnel pursuant to
section 1601(b) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1551(b)]
and section 1553 of this Appendix.
(Pub. L. 98-443, Sec. 10, Oct. 4, 1984, 98 Stat. 1709.)
Codification
Section was enacted as part of the Civil Aeronautics Board Sunset Act of
1984, and not as part of the Federal Aviation Act of 1958 which comprises
this chapter.
Sec. 1555. Effect on personnel
(a) Employees covered by the merit pay system under chapter 54 of title 5
who are transferred under section 1554 of this Appendix to another agency
shall have their rate of basic pay adjusted in accordance with section 5402
of title 5. With respect to the evaluation period during which such an
employee is transferred, merit pay determinations for that employee shall be
based on the factors in section 5402(b)(2) of title 5 as appraised in
performance appraisals administered by the Civil Aeronautics Board in
accordance with chapter 43 of title 5, in addition to those administered by
the agency to which the employee is transferred.
(b) With the consent of the Civil Aeronautics Board, the head of each
agency to which functions are transferred by section 1601(b) of the Federal
Aviation Act of 1958 [49 App. U.S.C. 1551(b)] or section 1553 of this
Appendix is authorized to use the services of such officers, employees, and
other personnel of the Board for such period of time as may reasonably be
needed to facilitate the orderly transfer of such functions.
(Pub. L. 98-443, Sec. 11, Oct. 4, 1984, 98 Stat. 1709.)
Codification
Section was enacted as part of the Civil Aeronautics Board Sunset Act of
1984, and not as part of the Federal Aviation Act of 1958 which comprises
this chapter.
Sec. 1556. Savings provisions
(a) Continued force and effect of prior orders, determinations, rules,
regulations, permits, etc.
All orders, determinations, rules, regulations, permits, contracts,
certificates, licenses, and privileges--
(1) which have been issued, made, granted, or allowed to become effective
by the President, any agency or official thereof, or by a court of
competent jurisdiction, in the performance of any function which is
transferred by section 1601(b) of the Federal Aviation Act of 1958 [49 App.
U.S.C. 1551(b)] or section 1553 of this Appendix from the Civil Aeronautics
Board to another agency, and
(2) which are in effect on December 31, 1984,
shall continue in effect according to their terms until modified, terminated,
superseded, set aside, or revoked in accordance with law by the head of the
agency to which such function is transferred, or other authorized officials,
a court of competent jurisdiction, or by operation of law.
(b) Effect of transfers of function on pending administrative proceedings;
discontinuance or modification
The transfers of functions made by section 1601(b) of the Federal Aviation
Act of 1958 [49 App. U.S.C. 1551(b)] and section 1553 of this Appendix shall
not affect any proceedings or any application for any license, permit,
certificate, or financial assistance pending at the time such transfers take
effect before the Civil Aeronautics Board; but such proceedings and
applications, to the extent that they relate to functions so transferred,
shall be continued. Orders shall be issued in such proceedings, appeals shall
be taken therefrom, and payments shall be made pursuant to such orders, as if
such sections 1601(b) [49 App. U.S.C. 1551(b)] and 1553 of this Appendix had
not been enacted; and orders issued in any such proceedings shall continue in
effect until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or by operation of
law. Nothing in this subsection shall be deemed to prohibit the
discontinuance or modification of any such proceeding under the same terms
and conditions and to the same extent that such proceeding could have been
discontinued or modified if such sections 1601(b) [49 App. U.S.C. 1551(b)]
and 1553 of this Appendix had not been enacted.
(c) Effect of transfers of function on prior judicial proceedings
Except as provided in subsection (e) of this section--
(1) the transfer of any function under section 1601(b) of the Federal
Aviation Act of 1958 [49 App. U.S.C. 1551(b)] or section 1553 of this
Appendix shall not affect any suit relating to such function which is
commenced prior to the date the transfer takes effect, and
(2) in all such suits, proceedings shall be had, appeals taken, and
judgments rendered in the same manner and effect as if section 1601(b) of
the Federal Aviation Act of 1958 [49 App. U.S.C. 1551(b)] and section 1553
of this Appendix had not been enacted.
(d) Abatement of actions and proceedings by or against Civil Aeronautics
Board or officer thereof
No suit, action, or other proceeding commenced by or against any officer in
his official capacity as an officer of the Civil Aeronautics Board shall
abate by reason of the transfer of any function under section 1601(b) of the
Federal Aviation Act of 1958 [49 App. U.S.C. 1551(b)] or section 1553 of this
Appendix. No cause of action by or against the Civil Aeronautics Board, or by
or against any officer thereof in his official capacity shall abate by reason
of the transfer of any function under section 1601(b) of the Federal Aviation
Act of 1958 [49 App. U.S.C. 1551(b)] or section 1553 of this Appendix.
(e) Continuation of action by or against transferee agency
If, before January 1, 1985, the Civil Aeronautics Board, or officer thereof
in his official capacity, is a party to a suit relating to a function
transferred by section 1601(b) of the Federal Aviation Act of 1958 [49 App.
U.S.C. 1551(b)] or section 1553 of this Appendix, then such suit shall be
continued with the head of the Federal agency to which the function is
transferred.
(f) References to Civil Aeronautics Board to be deemed references to
transferee agency
With respect to any function transferred to another agency by section
1601(b) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1551(b)] or by
section 1553 of this Appendix and exercised after the effective date of such
transfer, reference in any Federal law (other than title XVI of the Federal
Aviation Act of 1958 [49 App. U.S.C. 1551]) to the Civil Aeronautics Board or
the Board (insofar as such term refers to the Civil Aeronautics Board), or to
any officer or office of the Civil Aeronautics Board, shall be deemed to
refer to that agency, or other official or component of the agency, in which
such function vests.
(g) Head of transferee agency; authority; force and effect of administrative
action
In the exercise of any function transferred under section 1601(b) of the
Federal Aviation Act of 1958 [49 App. U.S.C. 1551(b)] or section 1553 of this
Appendix, the head of the agency to which such function is transferred shall
have the same authority as that vested in the Civil Aeronautics Board with
respect to such function, immediately preceding its transfer, and actions of
the head of such agency in exercising such function shall have the same force
and effect as when exercised by the Civil Aeronautics Board.
(h) Operational continuity of transferred functions
In exercising any function transferred by section 1601(b) of the Federal
Aviation Act of 1958 [49 App. U.S.C. 1551(b)] or section 1553 of this
Appendix, the head of the agency to which such function is transferred shall
give full consideration to the need for operational continuity of the
function transferred.
(Pub. L. 98-443, Sec. 12, Oct. 4, 1984, 98 Stat. 1710.)
References in Text
The Federal Aviation Act of 1958, referred to in subsec. (f), is Pub. L.
85-726, Aug. 23, 1958, 72 Stat. 731, as amended. Title XVI of that Act is
classified generally to this subchapter. For complete classification of this
Act to the Code, see Short Title note set out under section 1301 of this
Appendix and Tables.
Codification
Section was enacted as part of the Civil Aeronautics Board Sunset Act of
1984, and not as part of the Federal Aviation Act of 1958 which comprises
this chapter.
Sec. 1557. "Agency" and "function" defined
For purposes of this Act--
(1) the term "agency" has the same meaning such term has in section
551(1) of title 5; and
(2) the term "function" means a function, power, or duty.
(Pub. L. 98-443, Sec. 13, Oct. 4, 1984, 98 Stat. 1711.)
References in Text
This Act, referred to in text, is the Civil Aeronautics Board Sunset Act of
1984, Pub. L. 98-443, Oct. 4, 1984, 98 Stat. 1703. For complete
classification of this Act to the Code, see Short Title of 1984 Amendments
note set out under section 1301 of this Appendix and Tables.
Codification
Section was enacted as part of the Civil Aeronautics Board Sunset Act of
1984, and not as part of the Federal Aviation Act of 1958 which comprises
this chapter.
