49 U.S.C. § 107 — Federal Transit Administration

Page 53 TITLE 49—TRANSPORTATION § 108 must ensure that ATO actions are consistent with long- term FAA strategies for the aviation system as a whole. (e) The COO shall also enter into a framework agree- ment with the Administrator that will establish the re- lationship of the ATO with the other organizations of the FAA. SEC. 2. Purpose. The FAA’s primary mission is to en- sure the safety, security, and efficiency of the National Airspace System. The purpose of this order is to en- hance that mission and further improve the delivery of air traffic services to the American public by reorga- nizing the FAA’s air traffic services and related offices into a performance-based, results-oriented, organiza- tion. The ATO will be better able to make use of the unique procurement and personnel authorities that the FAA currently has and to better use the additional management reforms enacted by the Congress this year under Air-21. Specifically, the ATO shall: (a) optimize use of existing management flexibilities and authorities to improve the efficiency of air traffic services and increase the capacity of the system; (b) develop methods to accelerate air traffic control modernization and to improve aviation safety related to air traffic control; (c) develop agreements with the Administrator of the FAA and users of the products, services, and capabili- ties it will provide; (d) operate in accordance with safety performance standards developed by the FAA and rapidly respond to FAA safety and security oversight findings; (e) consult with its customers, the traveling public, including direct users such as airlines, cargo carriers, manufacturers, airports, general aviation, and commer- cial space transportation providers, and focus on pro- ducing results that satisfy the FAA’s external cus- tomer needs; (f) consult with appropriate Federal, State, and local public agencies, including the Department of Defense and the National Aeronautics and Space Administra- tion, to determine the best practices for meeting the diverse needs throughout the National Airspace Sys- tem; (g) establish strong incentives to managers for achieving results; and (h) formulate and recommend to the Administrator any management, fiscal, or legislative changes nec- essary for the organization to achieve its performance goals. SEC. 3. Aviation Management Advisory Committee. The Air Traffic Control Subcommittee of the Aviation Man- agement Advisory Committee shall provide, consistent with its responsibilities under Air-21, general oversight to ATO regarding the administration, management, conduct, direction, and supervision of the air traffic control system. SEC. 4. Evaluation and Report. Not later than 5 years after the date of this order, the Aviation Management Advisory Committee shall provide to the Secretary and the Administrator a report on the operation and effec- tiveness of the ATO, together with any recommenda- tions for management, fiscal, or legislative changes to enable the organization to achieve its goals. SEC. 5. Definitions. The term ‘‘air traffic control sys- tem’’ has the same meaning as the term defined by sec- tion 40102(a)(42) [now 40102(a)(47)] of title 49, United States Code. SEC. 6. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right to administrative or judicial review, or any right, whether substantive or procedural, enforceable by any party against the United States, its agencies or instru- mentalities, its officers or employees, or any other per- son. DEFINITIONS FOR TITLE II OF PUB. L. 104–264 Pub. L. 104–264, title II, § 202, Oct. 9, 1996, 110 Stat. 3227, provided that: ‘‘In this title [see Effective Date of 1996 Amendment note set out above], the following defi- nitions apply: ‘‘(1) ADMINISTRATION.—The term ‘Administration’ means the Federal Aviation Administration. ‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the Administrator of the Federal Aviation Ad- ministration. ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.’’ § 107. Federal Transit Administration (a) The Federal Transit Administration is an administration in the Department of Transpor- tation. (b) The head of the Administration is the Ad- ministrator who is appointed by the President, by and with the advice and consent of the Sen- ate. The Administrator reports directly to the Secretary of Transportation. (c) The Administrator shall carry out duties and powers prescribed by the Secretary. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 102–240, title III, § 3004(c)(1), (2), Dec. 18, 1991, 105 Stat. 2088.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 107 ............. 49:1608 (note). Reorg. Plan No. 2 of 1968, eff. July 1, 1968, § 3, 82 Stat. 1369. In subsection (b), the words ‘‘and shall be com- pensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314)’’ are omitted as surplus because of 5:5314. Editorial Notes AMENDMENTS 1991—Pub. L. 102–240 substituted ‘‘Federal Transit Ad- ministration’’ for ‘‘Urban Mass Transportation Admin- istration’’ in section catchline and subsec. (a). Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 102–240, title III, § 3004(a), (b), Dec. 18, 1991, 105 Stat. 2088, provided that: ‘‘(a) REDESIGNATION OF UMTA.—The Urban Mass Transportation Administration of the Department of Transportation shall be known and designated as the ‘Federal Transit Administration’. ‘‘(b) REFERENCES.—Any reference in a law, map, regu- lation, document, paper, or other record of the United States to the Urban Mass Transportation Administra- tion shall be deemed to be a reference to the ‘Federal Transit Administration’.’’ § 108. Pipeline and Hazardous Materials Safety Administration (a) IN GENERAL.—The Pipeline and Hazardous Materials Safety Administration shall be an ad- ministration in the Department of Transpor- tation. (b) SAFETY AS HIGHEST PRIORITY.—In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear in- tent, encouragement, and dedication of Congress to the furtherance of the highest degree of safe- ty in pipeline transportation and hazardous ma- terials transportation. (c) ADMINISTRATOR.—The head of the Adminis- tration shall be the Administrator who shall be