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49 U.S.C. § 40113 — Administrative
Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by that Administrator) may take action the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate, considers necessary to carry out this part, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders.
**(b) Hazardous Material.—** In carrying out this part, the Secretary has the same authority to regulate the transportation of hazardous material by air that the Secretary has under [section 5103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103&num=0&edition=prelim). However, this subsection does not prohibit or regulate the transportation of a firearm (as defined in [section 232 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section232&num=0&edition=prelim)) or ammunition for a firearm, when transported by an individual for personal use.
**(c) Governmental Assistance.—** The Secretary (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may use the assistance of the Administrator of the National Aeronautics and Space Administration and any research or technical department, agency, or instrumentality of the United States Government on matters related to aircraft fuel and oil, and to the desig
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40113
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Source location: Title 49, Chapter 401, § 40113; chapter-401-general-provisions.md
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**(a) General Authority.—** The Secretary of Transportation (or the Administrator of the Transportation Security Administration with respect to security duties and powers designated to be carried out by that Administrator or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by that Administrator) may take action the Secretary, Administrator of the Transportation Security Administration, or Administrator of the Federal Aviation Administration, as appropriate, considers necessary to carry out this part, including conducting investigations, prescribing regulations, standards, and procedures, and issuing orders.
**(b) Hazardous Material.—** In carrying out this part, the Secretary has the same authority to regulate the transportation of hazardous material by air that the Secretary has under [section 5103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section5103&num=0&edition=prelim). However, this subsection does not prohibit or regulate the transportation of a firearm (as defined in [section 232 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section232&num=0&edition=prelim)) or ammunition for a firearm, when transported by an individual for personal use.
**(c) Governmental Assistance.—** The Secretary (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) may use the assistance of the Administrator of the National Aeronautics and Space Administration and any research or technical department, agency, or instrumentality of the United States Government on matters related to aircraft fuel and oil, and to the design, material, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances, and air navigation facilities. Each department, agency, and instrumentality may conduct scientific and technical research, investigations, and tests necessary to assist the Secretary or Administrator of the Federal Aviation Administration in carrying out this part. This part does not authorize duplicating laboratory research activities of a department, agency, or instrumentality.
**(d) Indemnification.—** The Administrator of the Federal Aviation Administration may indemnify an officer or employee of the Federal Aviation Administration against a claim or judgment arising out of an act that the Administrator decides was committed within the scope of the official duties of the officer or employee.
**(e) Assistance to Foreign Aviation Authorities.—**
(1) **Safety-related training and operational services.—** — The Administrator may provide safety-related training and operational services to foreign aviation authorities (whether public or private) with or without reimbursement, if the Administrator determines that providing such services promotes aviation safety or efficiency. The Administrator may also provide technical assistance related to all aviation safety-related training and operational services in connection with bilateral and multilateral agreements, including further bolstering the components of airmanship. The Administrator is authorized to participate in, and submit offers in response to, competitions to provide these services, and to contract with foreign aviation authorities to provide these services consistent with section 106(l)(6). To the extent practicable, air travel reimbursed under this subsection shall be conducted on United States air carriers.
(2) **Reimbursement sought.—** — The Administrator shall actively seek reimbursement for services provided under this subsection from foreign aviation authorities capable of providing such reimbursement. The Administrator is authorized, notwithstanding any other provision of law or policy, to accept payments for services provided under this subsection in arrears.
(3) **Crediting appropriations.—** — Funds received by the Administrator pursuant to this section shall—
(A) be credited to the appropriation current when the amount is received;
(B) be merged with and available for the purposes of such appropriation; and
(C) remain available until expended.
(4) **Authorization of appropriations.—** — There is authorized to be appropriated to the Administrator, $5,000,000 for each of fiscal years 2021 through 2023, to carry out this subsection. Amounts appropriated under the preceding sentence for any fiscal year shall remain available until expended.
(6) **11 So in original. There is no par. (5). Technical assistance outside of agreements.—** — In the absence of a bilateral or multilateral agreement, the Administrator may provide technical assistance and training under this subsection if the Administrator determines that—
(A) a foreign government would benefit from technical assistance pursuant to this subsection to strengthen aviation safety, efficiency, and security; and
(B) the engagement is to provide inherently governmental technical assistance and training.
(7) **Inherently governmental technical assistance and training defined.—** — In this subsection, the term “inherently governmental technical assistance and training” means technical assistance and training that—
(A) relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters;
(B) must be accomplished using agency expertise and authority; and
(C) relates to—
(i) international aviation safety assessment technical reviews and technical assistance;
(ii) aerodrome safety and certification;
(iii) aviation system certification activities based on Federal Aviation Administration regulations and requirements;
(iv) cybersecurity efforts to protect United States aviation ecosystem components and facilities;
(v) operation and maintenance of air navigation system equipment, procedures, and personnel; or
(vi) training and exercises in support of aviation safety, efficiency, and security.
**(f) Application of Certain Regulations to Alaska.—** In amending title 14, Code of Federal Regulations, in a manner affecting intrastate aviation in Alaska, the Administrator of the Federal Aviation Administration shall consider the extent to which Alaska is not served by transportation modes other than aviation, and shall establish such regulatory distinctions as the Administrator considers appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designating Material as Hazardous.—** The Secretary shall designate material (including an explosive, radioactive material, infectious substance, flammable or combustible liquid, solid, or gas, toxic, oxidizing, or corrosive material, and compressed gas) or a group or class of material as hazardous when the Secretary determines that transporting the material in commerce in a particular amount and form may pose an unreasonable risk to health and safety or property.
**(b) Regulations for Safe Transportation.—**
(1) The Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations—
(A) apply to a person who—
(i) transports hazardous material in commerce;
(ii) causes hazardous material to be transported in commerce;
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iv) prepares or accepts hazardous material for transportation in commerce;
(v) is responsible for the safety of transporting hazardous material in commerce;
(vi) certifies compliance with any requirement under this chapter; or
(vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi); and
(B) shall govern safety aspects, including security, of the transportation of hazardous material the Secretary considers appropriate.
(2) A proceeding to prescribe the regulations must be conducted under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=p
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 5103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation.
**(b) Administration Leadership.—**
(1) **Administrator.—**
(A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B) *Qualifications.—* — The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years.
(E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2) **Deputy administrator.—**
(A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B) *Qualifications.—* — The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter:
(1) The term “civil disorder” means any public disturbance involving acts of violence by assemblages of three or more persons, which causes an immediate danger of or results in damage or injury to the property or person of any other individual.
(2) The term “commerce” means commerce (A) between any State or the District of Columbia and any place outside thereof; (B) between points within any State or the District of Columbia, but through any place outside thereof; or (C) wholly within the District of Columbia.
(3) The term “federally protected function” means any function, operation, or action carried out, under the laws of the United States, by any department, agency, or instrumentality of the United States or by an officer or employee thereof; and such term shall specifically include, but not be limited to, the collection and distribution of the United States mails.
(4) The term “firearm” means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.
(5) The term “explosive or incendiary device” means (A) dynamite and all other forms of high explosives, (B) any explosive bomb, grenade, missile, or similar device, and (C) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (i) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (ii) can be carried or thrown by one individual acting alone.
(6) The term “fireman” means any member of a fire department (including a volunteer fire department) of any State, any political subdivision of a State, or th
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 232
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Economic Regulation.—** In carrying out subpart II of this part and those provisions of subpart IV applicable in carrying out subpart II, the Secretary of Transportation shall consider the following matters, among others, as being in the public interest and consistent with public convenience and necessity:
(1) assigning and maintaining safety as the highest priority in air commerce.
(2) before authorizing new air transportation services, evaluating the safety implications of those services.
(3) preventing deterioration in established safety procedures, recognizing the clear intent, encouragement, and dedication of Congress to further the highest degree of safety in air transportation and air commerce, and to maintain the safety vigilance that has evolved in air transportation and air commerce and has come to be expected by the traveling and shipping public.
(4) the availability of a variety of adequate, economic, efficient, and low-priced services without unreasonable discrimination or unfair or deceptive practices.
(5) coordinating transportation by, and improving relations among, air carriers, and encouraging fair wages and working conditions.
(6) placing 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 air carriers to earn adequate profits and attract capital, considering any material differences between interstate air transportation and foreign air transportation.
(7) developing and maintaining a sound regulatory system that is responsive to the needs of the public and in which decisions are reached promptly to make it easier to adapt the air transportation system to the present and future needs of—
(A) the
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Developing Civil Aeronautics and Safety of Air Commerce.—** The Administrator of the Federal Aviation Administration shall encourage the development of civil aeronautics and safety of air commerce in and outside the United States.
**(b) Airport Capacity Enhancement Projects at Congested Airports.—** In carrying out subsection (a), the Administrator shall take action to encourage the construction of airport capacity enhancement projects at congested airports as those terms are defined in section 47175.
**(c) Educational and Professional Development.—**
(1) **In general.—** — In carrying out subsection (a), the Administrator shall support and undertake efforts to promote and support the education and professional development of current and future aerospace professionals.
(2) **Educational materials.—** — Based on the availability of resources, the Administrator shall—
(A) develop and distribute civil aviation information and educational materials; and
(B) provide expertise to State and local school administrators, college and university officials, and officers of other interested organizations and entities.
(3) **Content.—** — In developing the educational materials under paragraph (2), the Administrator shall ensure such materials, including presentations, cover topics of broad relevance, including—
(A) ethical decision-making and the responsibilities of aerospace professionals;
(B) managing a workforce, encouraging proper reporting of prospective safety issues, and educating employees on safety management systems; and
(C) responsibilities as a designee or representative of the Administrator.
**(d) International Role and Assistance of the FAA.—**
(1) **In general.—** — In carrying out subsection (a), the Administrator shall promote and achieve
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40104
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Federal law — U.S. Code and appendices · legal_authorities
Page 1077
TITLE 49—TRANSPORTATION
§ 40113
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1108;
Pub. L. 104–106, div. E, title LVI, § 5606, Feb. 10,
1996, 110 Stat. 700; Pub. L. 104–287, § 5(9), Oct. 11,
1996, 110 Stat. 3389.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
40112(a) ......
49 App.:1344(f)(1)
(words before 4th
comma), (6), (7)
(1st sentence).
Aug. 23, 1958, Pub. L. 85–726,
§ 303(f), 72 Stat. 747; May
21, 1970, Pub. L. 91–258,
§ 51(a)(1), 84 Stat. 234; July
12, 1976, Pub. L. 94–353,
§ 16, 90 Stat. 882; Oct. 19,
1980,
Pub.
L.
96–470,
§ 112(e), 94 Stat. 2240; Jan.
12, 1983, Pub. L. 97–449,
§ 7(b), 96 Stat. 2444; re-
stated Nov. 5, 1990, Pub. L.
101–508, § 9118(a), 104 Stat.
1388–367.
40112(b) ......
49 App.:1344(f)(1)
(words after 4th
comma).
40112(c) ......
49 App.:1344(f)(2).
40112(d)
(1)(A).
49 App.:1344(f)(4)
(words before 3d
comma).
40112(d)
(1)(B).
49 App.:1344(f)(7)
(last sentence
words before ‘‘and
(if’’).
40112(d)
(1)(C).
49 App.:1344(f)(8).
40112(d)(2) ..
49 App.:1344(f)(4)
(words after 3d
comma).
40112(e)(1) ..
49 App.:1344(f)(7)
(last sentence
words after ‘‘of
funds’’).
40112(e)(2) ..
49 App.:1344(f)(3).
40112(f) .......
49 App.:1344(f)(5).
In this section, the word ‘‘Administrator’’ in section
303(f) of the Federal Aviation Act of 1958 (Public Law
85–726, 72 Stat. 747) is retained on authority of 49:106(g).
In subsection (a), the reference in 49 App.:1344(f)(7) to
a contract for the purchase of services is omitted as
surplus because 49 App.:1344(f)(1) states that the sub-
section is concerned only with contracts for the pur-
chase of property.
In subsection (b)(5), the word ‘‘savings’’ is substituted
for ‘‘cost avoidance’’ for clarity.
In sub
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 40113
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.