FEDERAL AVIATION ACT OF 1958 TITLE 49--APPENDIX 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 Repealed.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 Repealed.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. (3) Suspension; revocation; disqualification; dismissal 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.